Keypoint: Last week, Colorado passed children’s privacy and artificial intelligence bills, Vermont passed a consumer data privacy bill, Maryland’s consumer data privacy and AADC bills were signed into law, and Minnesota is on the cusp of passing a consumer data privacy bill.

Below is the sixteenth weekly update on the status of proposed state privacy legislation in 2024.

Table of Contents

  1. What’s New
  2. Bill Tracker Charts
  3. Bill Tracker Maps

1. What’s New?

With the legislatures in many states having closed for the year, this will be our last weekly update for 2024. As in prior years, we will continue to monitor bills and provide updates on an as-needed basis. We also provide client-specific updates and bill analysis for entities seeking continuing coverage and resources.

There were several big developments last week.

Colorado lawmakers passed two more bills prior to the legislature closing on May 8. Lawmakers passed SB 41 on May 6. The bill amends the Colorado Privacy Act (CPA) to add additional children’s privacy protections. Lawmakers also passed a first-in-the-nation artificial intelligence bill (SB 205) (analysis here). Both bills were sponsored by Senate Majority Leader Robert Rodriguez, who previously sponsored the CPA.

In total, Colorado lawmakers passed four bills we tracked this year. The other bills are a biometric privacy bill (HB 1130; analysis here) and a biological data privacy bill (HB 1058). With the exception of HB 1058, the bills are pending consideration by Colorado Governor Jared Polis.

In Vermont, the legislature passed Representative Monique Priestley’s H.121 prior to closing on May 10. The final text of the bill is not yet available; however, reports indicate that it has a narrow private right of action focused on data brokers and larger data holders and limited to the bill’s sensitive data and consumer health data provisions. There are no statutory damages. H.121 also reportedly includes an Age-Appropriate Design Code Act section.

In Minnesota, Representative Steve Elkins’ Minnesota Consumer Data Privacy Act (SF 4942) is close to final passage. The consumer data privacy bill was added to a larger omnibus bill. Different versions of the omnibus bill passed through both chambers and the bill will head to a conference committee. Representative Elkins reports that the consumer data privacy portion is identical in both versions of the bill such that it appears to only be a matter of time before the bill officially passes.

In Maryland, Governor Wes Moore signed the Maryland Online Data Privacy Act and Age-Appropriate Design Code Act bills into law. Maryland becomes the seventeenth state to pass a consumer data privacy bill and second state to pass an Age-Appropriate Design Code Act bill.

In Connecticut, the legislature closed without passing Senator James Maroney’s artificial intelligence bill, SB 2.

In California, the Assembly Appropriations Committee passed AB 2877 last week. The bill was read for a second time and is scheduled for a third reading on May 13. As currently drafted, the bill amends the CCPA to state that a developer cannot use the personal information of a consumer under the age of 16 to train an artificial intelligence system unless the developer has obtained consent.

The Assembly Appropriations Committee also passed AB 3286 last week. The bill was read a second time and added to the consent calendar. The bill makes grammatical corrections and states that the CCPA’s monetary thresholds are not subject to the rulemaking provisions in the Administrative Procedures Act.

Finally, in Massachusetts, the Massachusetts Data Privacy Act made it out of a committee under a new bill number – SB 2770.

2. Bill Tracker Charts

For more information on all of the bills introduced to date, including links to the bills, bill status, last action, hearing dates, and bill sponsor information, please see the following charts:

Husch privacy clients can access unredacted copies of the charts through Byte Back+.

3. Bill Tracker Maps

To access our tracker maps, click the following links: