Status Of Proposed CCPA-Like State Privacy Legislation As Of June 14, 2021

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Keypoint: This week the Colorado legislature passed the Colorado Privacy Act.

Below is our sixteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we need to make a few announcements.

This will be our last weekly update – for now. With the legislatures in so many states having adjourned for the year and the bills in the remaining states not moving forward, we will be pausing our weekly updates. Rest assured, we will be back when things heat up again.

Even though we are pausing our weekly updates, we are not slowing down our work on state consumer privacy legislation.

Starting Monday, June 21, we will be releasing a limited podcast series with interviews of state lawmakers who spearheaded privacy legislation in 2021. If you want to know the inside story on how these bills are drafted and lobbied, you will not want to miss these interviews.

What’s New

In Colorado, the legislature passed the Colorado Privacy Act on June 8. Once signed by the Governor, Colorado will become the third state to pass broad consumer privacy legislation. 

Over the past two weeks, the legislatures in Connecticut, Illinois, New York, and Vermont have closed without passing their bills. As of today, bills remain alive in Massachusetts (legislature adjourns December 31), New Jersey (legislature adjourns January 11, 2022), North Carolina (legislature adjourns July 2), Pennsylvania (legislature adjourns December 31), and Rhode Island (legislature adjourns June 30).

Overview

To date, state lawmakers have introduced bills in 26 states. Multiple bills were introduced in Alaska, Connecticut, Florida, Illinois, Minnesota, New York, Massachusetts, and Washington. Two states (Virginia and Nevada) have passed legislation. One state (Colorado) is on the verge of passing legislation. Nineteen states have failed to pass legislation (Alabama, Alaska, Arizona, Connecticut, Florida, Illinois, Kentucky, Maryland, Mississippi, Minnesota, New York, North Dakota, Oklahoma, South Carolina, Texas, Utah, Vermont, Washington, and West Virginia).

The below analysis divides the bills into three categories: (1) passed bills, (2) alive bills, and (3) dead bills.

Passed bills are those that have become law. Alive bills are those where the legislatures are still open as of the date of this post. 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.

Passed Bills

Colorado

The Colorado legislature passed the Colorado Privacy Act on June 8. Once signed by the Governor, Colorado will become the third state to pass broad consumer privacy legislation. As noted, on June 15, we will be hosting a webinar analyzing the Colorado Privacy Act. Click here for more details and to register.

Nevada

On June 2, the Nevada Governor approved SB260. The bill, which amends Nevada’s online privacy notice statutes, NRS 603A.300-360, will provide Nevada residents with a broader right to opt out of sales when it goes into effect on October 1, 2021.

Virginia

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.

Alive Bills

Massachusetts

S.46 was filed on February 18, 2021. On March 29, it was referred to the joint committee on Advanced Information Technology, the Internet and Cybersecurity. The bill is a modified version of Washington’s People’s Privacy Act. A second bill, H.136, was filed in the state house. It also was referred to the joint committee on Advanced Information Technology, the Internet and Cybersecurity.

New Jersey

On March 15, the Assembly Science, Innovation and Technology Committee held a hearing on three bills (A5448, A3283, and A3255). A recording of the hearing is available here.

North Carolina

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.

Pennsylvania

House Bill 1126 was introduced on April 7 and referred to the Consumer Affairs Committee.

Rhode Island

House Bill 5959 was introduced on February 26, 2021. On March 29, the House Committee on Corporations held a hearing on the bill and recommended that it be held for further study. The bill would require certain companies to provide privacy policy disclosures. The Rhode Island legislature adjourns on June 30.

Dead Bills

Alabama’s HB 216, Alaska’s SB 116 and HB 159, Arizona’s HB 2865, Connecticut’s SB 893, Florida’s HB 969 and SB 1734, Kentucky’s HB 408, Illinois’ HB 2404 and HB 3910, Maryland’s SB 930, Minnesota’s HF 36 and HF 1492 / SF 1408, New York’s various bills, North Dakota’s HB 1330, Oklahoma’s HB 1602, Mississippi’s Senate Bill 2612, South Carolina’s H 3063, Texas’ HB 3741, Utah’s SB 200, Vermont’s H 160, Washington’s SB 5062, and West Virginia’s HB 3159 have all died.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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