Keypoint: This week the Utah Senate and Wisconsin Assembly passed bills, the Florida House Judiciary Committee advanced HB9, new bills were introduced in Connecticut and Kentucky, and Virginia lawmakers passed a VCDPA amendment.
Below is our seventh weekly update on the status of proposed state privacy legislation in 2022. Before we get to our update, we wanted to provide two reminders.
First, we regularly update our 2022 State Privacy Law Tracker to keep pace with the latest developments with CCPA-like privacy bills. We encourage you to bookmark the page for easy reference.
Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.
Table of Contents
- What's New?
- Upcoming Hearings
- CCPA-Like Privacy Bills
- VCDPA Amendments
- Biometric Privacy Bills
- Data Broker Bills
- Other Bills
1. What's New?
The big news this week was the Utah Senate and Wisconsin Assembly passing bills. We provide more details here (Utah) and here (Wisconsin). Both bills are based on the Virginia Consumer Data Protection Act (VCDPA). The Utah legislature is scheduled to adjourn on Friday, March 4, 2022, while the Wisconsin legislature will adjourn on Thursday, March 10, 2022.
In other news, the Florida House Judiciary Committee passed an amended version of HB 9 on February 23, 2022. The bill was added to the Special Order calendar on February 24, 2022, and received a first reading. On February 25, 2022, lawmakers filed thirteen amendments. It is expected that the Florida House will vote on HB 9 next week. The Florida legislature adjourns on March 11, 2022.
We also saw new bills introduced in two states:
- In Connecticut, Senator Maroney introduced SB 6 on February 23, 2022. The bill was referred to the Joint Committee on General Law and will receive a public hearing on March 3, 2022. It is expected that Senator Maroney will file a revised draft before the hearing.
- In Kentucky, lawmakers introduced HB 586 on February 24, 2022. The bill was referred to the Committee on Committees. This is the second bill introduced in Kentucky.
In addition, we saw movement with bills in Iowa and Washington:
- In Iowa, House Study Bill 674 received a committee report approving the bill on February 23, 2022. The Iowa House Information Technology Committee previously voted 15-0 for favorable recommendation of the study bill. The bill was subsequently introduced under a different number - HF 2506 - and placed on the calendar.
- In Washington, HB 1850 is apparently not officially dead. Although the bill missed the deadline for bills to pass out of their house of origin, it is being considered necessary to implement the budget and, therefore, not subject to the deadline. It is now scheduled for executive session in the House Appropriations Committee on February 28, 2022. The Washington legislature closes on March 10, 2022.
This week also was notable for what did not happen. Specifically, Indiana SB 358 did not move this week. The bill previously passed the Senate on February 1, 2022, and the House Committee on Commerce, Small Business and Economic Development on February 17, 2022. Nonetheless, the bill has not received a second (or third) House reading and is not on the House Calendar for Monday, February 28, 2022. According to the Indiana session legislative deadlines site, February 28, 2022, is the last day for the third reading of Senate bills in the House.
Finally, Virginia lawmakers passed HB 381. Pending the Governor's signature, the bill will add a new exemption to the VCDPA's right to delete.
2. Upcoming Hearings
February 28
- Public hearing on Nebraska LB 1188 in Banking, Commerce and Insurance Committee
- Executive session on Washington HB 1850 in House Appropriations Committee
March 2
- Work session on Maine LD 1945 (biometric privacy)
March 3
- Public hearing on Connecticut SB 6 in Joint Committee on General Law
Please note that many hearings are scheduled on short notice. It is possible that more hearings will be noticed and held within these timeframes.
3. CCPA-Like Privacy Bills
Below is an analysis of the status of proposed bills. For links to these bills, please see our 2022 State Privacy Law Tracker.
Alaska
Alaska lawmakers are considering three bills - HB 222, HB 159 and SB 116. On February 4, 2022, the Alaska House Labor & Commerce Committee voted HB 159 out of committee. The House Judiciary Committee held a hearing on February 7, 2022. No vote was taken.
Arizona
Representative DeGrazia filed HB2790.
Connecticut
Connecticut Senator James Maroney introduced SB 6 on February 23, 2022. The bill was referred to the Joint Committee on General Law and will receive a public hearing on March 3, 2022.
District of Columbia
Council Chairman Mendelson introduced B24-0451 at the request of the Uniform Law Commission (ULC). The bill is based on the Uniform Personal Data Protection Act drafted by the ULC. The bill was referred to the Committee on Judiciary and Public Safety.
Florida
The Florida House Judiciary Committee passed an amended version of HB 9 on February 23, 2022. The bill was added to the Special Order calendar on February 24, 2022, and received a first reading. On February 25, 2022, lawmakers filed thirteen amendments.
Meanwhile, Senator Bradley's SB 1864 has not moved since being introduced in early January.
The Florida legislature closes on March 11, 2022.
Georgia
Georgia lawmakers introduced the Georgia Computer Data Privacy Act (SB 394) on January 26, 2022. The bill was assigned to the Senate Committee on Science and Technology.
Hawaii
Hawaii lawmakers introduced four bills: HB 2051, HB2341, SB 2428, and SB 2797. HB 2051 was referred to the House Committees on Higher Education and Technology, Consumer Protection & Commerce, and Judiciary and Hawaiian Affairs. The House Committee on Higher Education & Technology held a hearing on February 2, 2022 and deferred the bill. SB 2428 and SB 2797 were referred to the Committees on Commerce and Consumer Protection, Judiciary, and Ways and Means. HB 2341 was referred to the House Committees on Higher Education and Technology, Consumer Protection & Commerce, and Finance.
Indiana
The Indiana Senate passed SB 358 on February 1, 2022. On February 17, 2022, the Indiana House Commerce, Small Business and Economic Development Committee passed the bill. Nonetheless, the bill has not received a second (or third) House reading and is not on the House Calendar for Monday, February 28, 2022. According to the Indiana session legislative deadlines site, February 28, 2022, is the last day for the third reading of Senate bills in the House.
Iowa
Lawmakers introduced HSB 674 and SF2208. On February 15, 2022, the Iowa House Information Technology Committee voted 15-0 for favorable recommendation of HSB 674. The bill was subsequently introduced under a different number - HF 2506 - and placed on the calendar. SF2208 was referred to a Commerce Committee subcommittee.
Kentucky
Senator Westerfield introduced SB 15 on January 13, 2022. On February 15, 2022, the Kentucky Senate Standing Committee on Economic Development, Tourism and Labor held an informational hearing on the bill.
On February 24, 2022, lawmakers introduced HB 586. The bill was referred to the Committee on Committees.
Maine
Senator Rafferty introduced LD 1982 on February 16, 2022. The bill was referred to the Innovation, Development, Economic Advancement and Business Committee.
Maryland
Senator Susan Lee pre-filed the Maryland Online Consumer Protection and Child Safety Act ( SB 11) in October. On January 26, 2022, the Senate Finance Committee held a hearing on the bill.
Massachusetts
The Joint Committee on Advanced Information Technology, the Internet and Cybersecurity passed an amended version of H.142 / S. 46 out of committee on February 1, 2022. The bill is now filed under S.2687 (the Massachusetts Information Privacy and Security Act). On February 14, 2022, the bill was referred to the Senate Ways and Means Committee.
Minnesota
Last year, the Minnesota legislature considered HF 1492, sponsored by Representative Steve Elkins. Representative Elkins held an informational hearing on the bill over the summer and will be filing an amended bill.
Mississippi
SB 2330 died in committee.
Nebraska
Senator Michael Flood introduced LB 1188 on January 20, 2022. The bill is based on the Uniform Law Commission's model act. The bill is scheduled for a hearing on February 28, 2022.
New Jersey
New Jersey lawmakers filed three bills: S332, A505, and A1971.
New York
As shown on our tracker, New York lawmakers are considering a number of consumer privacy bills in 2022. Of note, the New York Privacy Act (S 6701A / A 680B) was amended and recommitted in early January. On February 8, 2022, the New York Senate Consumer Affairs Committee voted S6701A out of committee. The bill was reported and committed to the Internet and Technology Committee.
North Carolina
In 2021, Senator Joyce Waddell and others introduced SB569, the North Carolina Consumer Privacy Act. The bill was referred to the Committee on Rules and Operations of the Senate, where it has remained idle. The bill carried over into 2022.
Ohio
The Ohio Personal Privacy Act ( HB 376) was introduced on July 13, 2021 and referred to the House Government Oversight Committee. On February 9, 2022, the Ohio House Government Oversight Committee voted the bill out of committee. On February 16, 2022, the status of the bill was changed to "informally passed." On February 22, 2022, the bill was re-referred to the Rules and Reference Committee.
Oklahoma
Oklahoma lawmakers are considering three bills.
HB 1602, which passed the Oklahoma House last year but stalled in the Senate, carried over to 2022. The bill is sponsored by Representative Collin Walke. The bill remains in the Senate Judiciary Committee awaiting a hearing.
Representative Walke filed a second bill in 2022 - HB 2969. On February 16, 2022, HB 2969 passed the House Technology Committee. Prior to passing, a committee amendment was filed, striking the prior version of the bill and replacing it with a version nearly identical to HB 1602. According to Representative Walke, the difference between the two bills is that HB 2969 has a higher monetary threshold for applicability (annual gross revenues of $15 million instead of $10 million).
Finally, Oklahoma Representative O'Donnell introduced HB 3477. The bill is based on the Uniform Law Commission's model act.
Pennsylvania
Pennsylvania lawmakers are considering three bills.
HB 1126 was introduced in 2021 and referred to the House Consumer Affairs Committee where it remained idle. The bill will carry over to 2022.
In December 2021, lawmakers introduced a second bill - HB2202. That bill also was referred to the House Consumer Affairs Committee.
Finally, on January 20, 2022, lawmakers introduced a third bill - HB 2257 - which also was referred to the House Consumer Affairs Committee.
The Pennsylvania legislature is open year-round with recesses. It is set to reconvene on April 1, 2022.
Rhode Island
Lawmakers introduced H7400 on February 9, 2022. The bill was referred to the House Innovation, Internet and Technology Committee.
South Carolina
Lawmakers introduced the South Carolina Biometric Data Privacy Act ( H3063) in 2021. The bill was referred to the House Committee on Labor, Commerce, and Industry where it remained idle. The bill carried over to the 2022 session.
Tennessee
Asked to comment on the status of proposed privacy legislation, Tennessee lawmakers indicated that HB1467 will carry over to 2022 and be the vehicle for such legislation. The text of the bill is not online. Last year, lawmakers introduced HB 1197.
Utah
Senator Cullimore introduced SB 227 on February 18, 2022. On February 25, 2022, the Utah Senate voted unanimously to pass the bill. It now moves to the House. The Utah legislature closes on March 4, 2022.
Vermont
Representative Maida Townsend sponsored H.160 in 2021. She confirmed that the bill carried over to the 2022 session.
On January 11, 2022, Representatives Marcotte and Kimbell introduced H.570, which was referred to the House Committee on Commerce and Economic Development.
Washington
HB 1850 is apparently not officially dead. Although the bill missed the deadline for bills to pass out of their house of origin, it is being considered necessary to implement the budget and, therefore, not subject to the deadline. It is now scheduled for executive session in the House Appropriations Committee on February 28, 2022.
Meanwhile, Senator Carlyle's Washington Privacy Act ( SB 5062), which previously was placed on the Senate Rules "X" file, was moved to the Rules White Sheet on February 24, 2022.
SB 5813 and HB 1433 have not moved.
The Washington legislature closes on March 10.
West Virginia
West Virginia lawmakers introduced HB 4454. The bill was assigned to the House Judiciary Committee.
Wisconsin
On February 23, 2022, the Wisconsin Assembly passed AB 957. The bill is now with the Senate.
Wisconsin lawmakers are also considering SB 957, SB 977 and AB 1050. SB 957 was referred to the Committee on Government Operations, Legal Review and Consumer Protection. SB 977 was referred to the Committee on Government Operations, Legal Review and Consumer Protection. AB 1050 was referred to the Committee on Consumer Protection.
The Wisconsin legislature adjourns on March 10, 2022.
4. VCDPA Amendments
This week Virginia lawmakers passed HB 381. Pending the Governor's signature, the bill will add a new exemption to the VCDPA's right to delete.
SB 393, which would make an identical change, was reported out of the House General Laws Committee on February 24, 2022. It previously passed the Senate. It is unclear if that bill will move forward now that HB 381 has passed the legislature.
Meanwhile, HB 714, which previously passed the House, was referred to the Senate Finance and Appropriations Committee on February 23, 2022. SB 534, which is a companion bill to HB 714, previously passed the Senate and was reported from the Commerce and Energy Committee by a 22-0 vote on February 24, 2022. The bills seek to repeal the Consumer Privacy Fund and expand the VCDPA's non-profit exemption.
Finally, HB 1259, which previously passed the House, is still with the Senate Committee on General Laws and Technology. The bill seeks to modify the VCDPA's treatment of sensitive data.
5. Biometric Privacy Bills
Seven states are considering BIPA-like biometric information privacy bills:
Kentucky
HB32 was introduced on January 4, 2022 and referred to the Committee on Committees.
Maine
Lawmakers in Maine introduced a biometric information privacy bill ( LD 1945). The Judiciary Committee held a hearing on February 22, 2022. A work session is scheduled for March 2, 2022.
Maryland
Maryland lawmakers are considering HB 259 and SB 335, which are companion bills. The House Economic Matters Committee held a hearing on February 2, 2022. The Senate Finance Committee held a hearing on February 9, 2022. No votes were taken.
Massachusetts
Massachusetts lawmakers are considering S.220. The bill was assigned to the Senate Committee on Consumer Protection and Professional Licensure. On February 14, 2022, the bill was incorporated into S.2687.
Missouri
HB 2716 was introduced on February 16, 2022.
New York
New York lawmakers are considering A27 and S1933. A27 was referred to the Assembly Consumer Affairs and Protection Committee. S1933 was referred to the Consumer Protection Committee.
West Virginia
HB2064 was introduced on January 12, 2022. The bill was assigned to the House Judiciary Committee.
6. Data Broker Bills
Four states are considering bills to regulate data brokers:
Delaware
Delaware lawmakers are considering HB 262. On January 25, 2022, the House Technology & Telecommunications Committee held a public hearing on the bill. The Committee reported the bill favorably out of committee and the bill was assigned to the appropriations committee.
Massachusetts
Massachusetts lawmakers are considering S.50. The bill was referred to the Advanced Information Technology, the Internet and Cybersecurity Committee. The bill was incorporated into S.2687.
Oregon
Lawmakers in Oregon are considering HB 4017. The bill was passed out of the House Committee on Business and Labor on February 11 and referred to the Joint Ways and Means Committee.
Washington
As noted in Part 2, Senator Carlyle's SB 5813 sought to regulate data brokers. That bill appears to have died.
7. Other Bills
Illinois Senator Thomas Cullerton introduced the Do Not Track Act (SB 3081) on January 11, 2022.
In Oklahoma, Representative Walke pre-filed the Voice Recognition Privacy Act of 2022 ( HB3009) and a computer algorithm regulation bill ( HB 3011). HB 3009 was referred to the House Technology Committee. HB 3011 was referred to the Rules Committee.
West Virginia lawmakers are considering HB 2148, which seeks to impose a general data mining service tax.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
