Keypoint: This week the Connecticut Senate Appropriations Committee and New York Consumer Protection Committee passed their bills, and the Nevada Assembly passed its bill, which would broaden Nevada’s pre-existing right to opt out of sales.
Below is our thirteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.
First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. 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.
In Colorado, the Colorado Privacy Act appeared on the Senate second reading calendar on May 18, 20, and 21, but the Senate never considered the bill. The bill is now on the May 24 calendar. As we previously reported, the Senate Business, Labor & Technology Committee significantly amended the bill in early May. The Colorado legislature adjourns on June 12.
In Connecticut, the Senate Appropriations Committee passed SB 893 on May 17. It is now tabled for the Senate calendar. The Connecticut legislature adjourns on June 9.
In New York, the Consumer Protection Committee passed the New York Privacy Act – S6701 – on May 18. The bill is now on the floor calendar. The New York legislature adjourns on June 10.
In Nevada, the Assembly overwhelmingly passed SB260 on May 21. The bill is now headed back to the Senate, which already passed a prior version of the bill on April 20. The bill would – among other things – broaden Nevada’s right to opt out of sales. The Nevada legislature adjourns on June 1.
Finally, the legislatures in Alaska and Minnesota closed without passing their bills.
To date, lawmakers have introduced bills in 26 states. Multiple bills were introduced in Alaska, Connecticut, Florida, Illinois, Minnesota, New York, Massachusetts, and Washington. One state (Virginia) has passed legislation whereas the bills in thirteen states (Alaska, Arizona, Florida, Kentucky, Maryland, Mississippi, Minnesota, North Dakota, Oklahoma, South Carolina, Utah, Washington, and West Virginia) have failed.
The below analysis divides the bills into four categories: (1) passed bills, (2) active bills, (3) introduced bills, and (4) dead bills.
Passed bills are those that have become law (i.e., Virginia). Active bills are those that have seen some movement, such as a committee hearing or vote. Introduced bills are those that have been introduced in a state legislature but have yet to see any movement (other than, for example, being referred to a committee). Dead bills are (as you might have guessed) bills that have failed.
For links to all of these bills please see our 2021 State Privacy Law Tracker.
On March 2, 2021, Virginia became the second state – after California – to enact state consumer data privacy legislation. You can find our coverage of the Virginia bill here, and you can find the text of the new law here. We also hosted a webinar on the law on March 11. You can access the recording here.
SB21-190 was introduced on March 19 and assigned to the Senate Committee on Business, Labor and Technology. On May 5, the Committee unanimously passed the bill after significantly amending it. The Senate Appropriations Committee passed the bill on May 14. The bill is now on the Senate’s May 24 calendar for a second reading. The Colorado legislature adjourns on June 12.
SB 893, which is similar to Virginia’s Consumer Data Protection Act, was reported out of Legislative Commissioner’s Office on April 8 and given a Senate calendar number. On April 28, it was referred to the Senate Committee on Judiciary. On May 4, it was tabled for the Senate calendar. On May 12, it was referred to the Senate Appropriations Committee. On May 17, it was voted out of the Senate Appropriations Committee and tabled for the Senate calendar. The Connecticut legislature adjourns on June 9.
On March 17, Nevada lawmakers introduced AB323 and SB260. AB323 failed on April 10. SB260 passed the Senate on April 20 and an amended version passed the Assembly on May 21. The bill was then sent back to the Senate. The Nevada legislature adjourns on June 1.
As shown on our tracker, New York legislators have proposed a number of consumer privacy bills in 2021. Of note, the New York Privacy Act was reintroduced on May 12 and passed out of the Senate Consumer Protection Committee on May 18. It is currently on the Senate floor calendar.
House Bill 216 was introduced on February 2, 2021. Notably, the bill has attracted 18 Republican sponsors or co-sponsors. However, to date, it has not moved forward and is currently referred to the House committee on Technology and Research. The bill is similar to the CCPA. The Alabama legislature adjourns on May 30.
Illinois is considering two bills.
First, HB 2404 (the Right to Know Act) is presently assigned to the Rules Committee. It had previously been assigned to the Cybersecurity, Data Analytics, & IT Committee. As its name suggests, the Right to Know Act would provide Illinois residents with the right to know certain information regarding their personal information.
In addition to HB 2404, Illinois lawmakers also introduced HB 3910 (entitled the Consumer Privacy Act) on February 22. That bill was assigned to the Judiciary – Civil Committee on March 16, to the Civil Procedure & Tort Liability Subcommittee on March 23 and re-referred to the Rules Committee on March 27. HB 3910 is a modified version of the CCPA.
SD 1726 was filed on February 18, 2021. On March 29, it was referred to the joint committee on Advance Information Technology, the Internet and Cybersecurity. The bill is a modified version of Washington’s People’s Privacy Act. A second bill, HD 3847, was filed in the state house. On April 13, it also was referred to the joint committee on Advanced Information Technology, the Internet and Cybersecurity.
Senate Bill 569 was introduced on April 6 and referred to the Committee on Rules and Operations of the Senate. The North Carolina legislature adjourns on July 2.
House Bill 1126 was introduced on April 7 and referred to the Consumer Affairs Committee.
In Texas, Representative Capriglione filed six bills “related to increasing the protection of consumer data by the private sector.” One bill, HB 3741, is a data privacy omnibus bill. As introduced, the bill is perhaps best described as a heavily modified version of the CCPA, however, there are many aspects of the bill that make it unique, including its creation of three “categories” of data. On March 22, the bill was referred to the House Committee for Business & Industry. The Texas legislature adjourns on May 31.
H.160 is still a short form bill (i.e., only one paragraph long). The bill has been referred to committee and no further action has been taken to date. The Vermont legislature adjourns on May 28.
Alaska’s SB 116 and HB 159, Arizona’s HB 2865, Florida’s HB 969 and SB 1734, Kentucky’s HB 408, Maryland’s SB 930, Minnesota’s HF 36 and HF 1492 / SF 1408, North Dakota’s HB 1330, Oklahoma’s HB 1602, Mississippi’s Senate Bill 2612, South Carolina’s H 3063, Utah’s SB 200, Washington’s SB 5062, and West Virginia’s HB 3159 have all died.