Editor: Rich Ehisen
Associate Editor: Korey Clark
Editorial Advisor: Lou Cannon
Contributing Editor: Mary Peck, David Giusti
Correspondents: Cathy Santsche, Felicia Carrillo
Graphic Design: Vanessa Perez Design
Although the general public has barely even heard of it, the so-called Internet of Things has dominated talk in tech circles for years. Now lawmakers in both statehouses and Congress are getting involved, too.
In case you missed it, the story can be found on our Web site at http://www.statenet.com/capitol_journal/02-09-2015/html#sncj_spotlight
Editor: Rich Ehisen Associate Editor: Korey Clark Contributing Editor: Mary Peck, David Giusti Editorial Advisor: Lou Cannon Correspondents: Richard Cox (CA), Lauren Davis (MA), Steve Karas (CA) and Ben Livingood (PA), Cathy Santsche (CA), Dena Blodgett (CA) Graphic Design: Vanessa Perez Design
The 7th Circuit Court of Appeals has affirmed a district court ruling striking down an INDIANA law that barred abortions performed because the fetus was determined to have a developmental or physical disability. Judge William J. Bauer said the law was unconstitutional (INDIANAPOLIS STAR).
The NEW HAMPSHIRE House approves SB 593, which would abolish capital punishment in the Granite State. The measure moves to Gov. Chris Sununu (R), who has threatened a veto (CONCORD MONITOR).
MINNESOTA Gov. Mark Dayton (D) signs HB 3157, a bill making it illegal to pass an untrained animal off as a service animal. The bill, which imposes a $100 fine on violators, takes effect in August (MINNEAPOLIS STAR TRIBUNE).
The IOWA House and Senate approve SF 359, a bill that would ban most abortions after a fetal heartbeat is detected, at about six weeks into a pregnancy. The measure, which would be the strictest abortion law in the country, goes to Gov. Kim Reynolds (R) for consideration (DES MOINES REGISTER).
The NEW HAMPSHIRE Senate approves HB 1319, which would add gender identity to the state’s anti-discrimination law. It moves to Gov. Chris Sununu (R), who has indicated he will sign it into law (WASHINGTON BLADE).
COLORADO Gov. Jared Polis (D) signs SB 176, which requires Centennial State school districts to offer opportunities for qualified high school students to enroll in college-level classes that can be applied to both a high school degree and a college degree (COLORADO SPRINGS INDEPENDENT).
Also in COLORADO, Gov. Polis signs SB 2, which establishes new regulations on student loan servicers, including being licensed by the state (COLORADO GOVERNOR’S OFFICE).
At the start of this year, many observers believed states might be lining up to duplicate California’s tough new data privacy law, set to go into effect next year. That rush didn’t quite materialize, but that doesn’t mean lawmakers completely whiffed on data protection.
According to the LexisNexis State Net legislative database, at least 24 states and Congress this year considered measures to implement new or amend current data breach notification laws. At least nine so far have passed, with bills still pending in several states.
While many of those measure focus on notification requirements for companies or government agencies that suffer a breach, there has also been a growing emphasis on broadening what actually constitutes data that must be protected, and specifically consumers’ biometric data.
Biometric data consists of the identifying characteristics of a person’s body or mind, broken down into two main categories. Physiological biometrics pertain to the body, from DNA, retinal scans and fingerprints to something like the shape of a person’s hand or face or the sound of their voice. Behavioral biometrics encompass a person’s specific movements and actions – such as the gait of their walk – and even thought patterns, like how they solve complex analytical problems.
Prior to this year, only Illinois, Texas and Washington had comprehensive laws regarding the care of biometric data. According to the National Conference of State Legislatures – which uses LexisNexis State Net tracking tools - at least 26 states this year weighed bills that deal specifically with the collection, retention and use of biometric data. Measures in three of those states, Arkansas, New York and Washington, have been signed into law, with several bills still pending in California, Minnesota, New Hampshire, Massachusetts, New York, New Jersey, Washington and Rhode Island (see Bird’s Eye View in this issue).
Cities have also started to take action on their own. This year, San Francisco became the first city in the country to ban the use of facial recognition programs by local governments. The law was quickly adopted across the Bay in Oakland and across the nation in Somerville, Massachusetts. Berkeley, California is also considering a ban.
In addition to imposing several new breach reporting requirements, the bill Arkansas Gov. Asa Hutchinson (R) signed in April (HB 1943) adds biometric data to the law’s definition of personally identifiable information (PII). The new rules go into effect on August 9. The following month, Washington Gov. Jay Inslee (D) inked his signature on HB 1071, which amends the Evergreen State’s data breach law to include several new types of personal identifiable information, including biometric data.
New York Gov. Andrew Cuomo (D) followed suit in late July, signing SB 5575, a measure that broadens the scope of information covered under the Empire State breach notification law to include biometric information and email addresses with their corresponding passwords or security questions and answers. The law also extends the mandate to report breaches to include any person or entity with private information of a New York resident, not just those who conduct business in the state. The bill takes effect next February.
Cuomo also signed AB 2374, a bill that will require consumer credit reporting agencies to offer identity theft prevention and mitigation services to consumers who have been the victim of a breach of that agency’s database. That bill becomes effective in September.
All of these measures come in the wake of the massive 2017 Equifax breach, which exposed the information of approximately 147 million Americans. Cuomo’s signing in fact came just days after the announcement of a settlement between Equifax and 48 state attorneys general and two federal agencies that could ultimately cost the credit agency as much as $700 million in fines and other costs related to the breach.
That figure, which must still be finalized, dwarfs the two largest previous financial penalties imposed on corporations for their role in breaches: the $115 million penalty imposed on health insurer Anthem, Inc. in 2018 after a breach saw 79 people have their information stolen in 2015, and the $148 million settlement forced upon rideshare company Uber that same year for a breach that impacted 57 million people around the world.
Details of the Equifax settlement include $175 million for the 48 states involved in the suit (Indiana and Massachusetts have filed separate litigation), a $100 million fine from the federal Consumer Financial Protection Bureau, and $300 million to compensate consumers for damages related to the breach. If that fund proves inadequate, Equifax must come up with another $125 million in restitution. The company has also agreed to provide up to 10 years of free credit monitoring services to all victims of the breach in the United States.
That last item could be particularly expensive. Equifax is paying Experian – a competitor – to handle the monitoring for the first four years of the deal. The settlement presumes only about 7 million consumers will partake of the offer, but if all 147 million people affected by the breach sign up it could run Equifax over $2 billion.
The Equifax settlement also provided California Attorney General Xavier Becerra (D) the opportunity to lobby for lawmakers to pass AB 1130, the biometrics bill his office sponsored earlier this year.
“As more companies start using biometric data like fingerprints or retinal scans or face identification systems,” he said at the press conference announcing the settlement, “it’s crucial that we make sure that data is protected. And that includes your biometric data.”
The measure would augment the impending California Consumer Protection Act by including coverage of biometric information contained in government-issued documents, such as driver’s licenses and passports.
“Those pieces of information need to be protected the same way our social security numbers and our credit cards numbers are,” he said.
The measure passed the Assembly in May and is currently in the Senate Committee on Appropriations. It is expected to be heard again soon after lawmakers return on August 12th. Another measure – AB 1281, which would require private businesses to clearly disclose they are using a facial recognition program – is also awaiting action in the Senate.
The New Hampshire bill, HB 536, has cleared the House and is awaiting action in the Senate Committee on Commerce. And Illinois Gov. J.B. Pritzker (D) is expected to sign SB 1624, which would require most “data collectors” to notify the state attorney general of a breach that involves more than 500 consumers.
Several of the other measures introduced this year have either failed (bills in Arizona, Florida, Missouri, Connecticut, Texas, Oregon) or are stalled in committee.
But the Illinois Biometric Information Privacy Act – the original statewide biometric law, which became statute in 2008 - received a significant boost from the Prairie State Supreme Court, which ruled in January in the case of Rosenbach vs. Six Flags that a consumer doesn’t have to prove injury to sue over misuse of their biometric data.
Some legal observers say the ruling encourages more litigation over the law, a possibility lawmakers in many states will likely also be forced to consider as they weigh new data breach and biometrics measures in the future.
But with yet another massive data breach being reported last week – this time a breach of credit card company Capital One that could impact over 106 million people in the U.S. and Canada – efforts to continue strengthening data breach laws are not likely to slow down any time soon.
-- By RICH EHISEN
The MAINE Senate approves HB 798, which would abolish all but purely medical exemptions from the state’s school vaccination law. It moves to Gov. Janet Mills (D), who is expected to sign it (PORTLAND PRESS HERALD).
MARYLAND Gov. Larry Hogan (R) signs HB 1169, a bill that raises the legal smoking age in the Old Line State to 21. He also signs SB 895, which will regulate electronic tobacco and vaping products the same as regular tobacco (WASHINGTON POST).
Also in MARYLAND, Hogan signs HB 814, which allows state residents to check a box on their state income tax return to have the state health benefits exchange determine eligibility for health benefits under the Affordable Care Act (MARYLAND GOVERNOR’S OFFICE).
The TEXAS House approves SB 21, which would raise the legal smoking age in the Lone Star State to 21. The measure now returns to the Senate (TEXAS TRIBUNE).
The CALIFORNIA Assembly approves AB 1162, which would largely ban the small bottles of shampoo and other toiletries provided by hotels. Hotels could still provide the small bottles of shampoo and other personal care products to guests upon request. The measure, which would take effect in 2023 for hotels with more than 50 rooms and a year later for all other hotels and rental homes, moves to the Senate (LOS ANGELES TIMES).
The CONNECTICUT House approves HB 7083, which would make the Constitution State the first to require public schools to include teaching about climate-change as part of the curriculum. It moves to the Senate (HARTFORD COURANT).
Because we live in the strangest of times, personal flame throwers really are now a thing. That’s because, as CalMatters reports, Golden State lawmakers quietly snuffed out a bill that would have prevented Elon Musk – he of Tesla and SpaceX fame – from selling them. Yes, what started out as equal parts joke and sales gimmick may well lead to thousands of Californians brandishing the devices, which can shoot a flame a full two feet. Because if there is anything a state that just suffered through the worst season of wildfires in its history needs is another indiscriminate way for jugheads to light things ablaze. Good grief.
IOWA Gov. Kim Reynolds (R) signs SF 2349, which allows health insurers Wellmark Blue Cross & Blue Shield to partner with the Iowa Farm Bureau Federation to sell policies defined as not technically being health insurance. Those policies will not be regulated by the state or have to comply with the rules of the Affordable Care Act, such as being required to cover pre-existing health conditions (DES MOINES REGISTER).
The BERKELEY, CALIFORNIA City Council unanimously votes to become the nation’s first sanctuary city for adult recreational marijuana use. The ordinance bars city agencies and employees from turning over information on legal cannabis activities and assisting in enforcing federal marijuana laws (SAN FRANCISCO CHRONICLE).
The First District Court of Appeals in CALIFORNIA upholds a SAN FRANCISCO ordinance that protects teachers, other school staff and child care center employees from evictions during the school year. The decision reversed a lower court’s ruling that struck down the law. The plaintiffs, two Bay Area real estate groups, said they would appeal the ruling to the State Supreme Court (SAN FRANCISCO CHRONICLE).
A federal judge in CALIFORNIA issues a temporary injunction blocking President Donald Trump’s declaration to end the Deferred Action on Childhood Arrivals (DACA) program. Judge William Alsup of the Federal District Court in San Francisco wrote that the administration must “maintain the DACA program on a nationwide basis” as the legal challenge to the president’s decision goes forward. The DACA program shields from deportation young immigrants who were brought to the U.S. illegally as children (NEW YORK TIMES).
Think our current political climate is toxic? Well, it is. But the stain of incivility is hardly unique to us Yankees. Case in point comes from Japan, where lawmaker Yoichi Anami yelled “enough already!” at Kazuo Hasegawa, a 47-year-old non-smoker with stage four lung cancer who was testifying about the dangers of secondhand smoke. As Reuters reports, Anami felt he and his fellow smokers are getting a bad rap. Perhaps, but his outburst brought out the usual social media retribution mob, leading to him issuing an apology for causing “unpleasant feelings.” Which is an odd term for diseases like lung cancer.
A federal court rules that a 2018 KENTUCKY law that effectively banned abortions after the 15th week of pregnancy is unconstitutional. State officials say they would appeal the ruling (LOUISVILLE COURIER JOURNAL).
NORTH DAKOTA Gov. Doug Burgum (R) signs HB 1050, which essentially decriminalizes possession of small amounts of cannabis. Under the new law, possession of up to a half ounce of marijuana by adults 21 and older is now an infraction punishable by no jail time and a maximum fine of $1,000 (VALLEY NEWS [FARGO]).
The ALABAMA Gov. Kay Ivey (R) signs HB 314, a bill that bans all abortions except in a case where the woman’s life is in danger. Supporters say the measure is intended to spark a court challenge that will work its way to the U.S. Supreme Court (WASHINGTON POST).
The MISSOURI Senate approves HB 126, which would ban all abortions after the eighth week of pregnancy, even in cases of rape or incest. It returns to the House for a concurrence vote before it can go to Gov. Mike Parson (R), who has said he will sign it (KANSAS CITY STAR).
The tragic case of a terminally ill California woman who moved to Oregon so doctors could legally help her end her life made international news. It could also push states to adopt their own version of Oregon’s law.
In case you missed it, the story can be found on our Web site at http://www.statenet.com/capitol_journal/02-02-2015/html#sncj_spotlight
The CONNECTICUT Senate approves HB 7200, which would raise the Constitution State smoking age to 21. The measure moves to Gov. Ned Lamont (D), who has pledged to sign it into law (CONNECTICUT MIRROR [HARTFORD]).
The CONNECTICUT House approves SB 1, a measure that would require employers to provide workers with up to 12 weeks of paid time off for the birth of a child or to deal with a serious illness. The measure, which would guarantee workers 95 percent of their regular income, moves to Gov. Lamont, who has pledged to sign it into law (HARTFORD COURANT).
OREGON Gov. Kate Brown (D) sign HB 2395, which would require tech companies to install “reasonable security features” on connected devices and appliances to prevent hackers from gaining access to steal information or manipulate the devices (PORTLAND OREGONIAN).
LOUISIANA lawmakers give final approval to HB 138, which would exempt hemp grown in line with federal regulations from the legal definition of marijuana. It moves to Gov. John Bel Edwards (D), who has indicated that he will sign it into law (ADVOCATE [BATON ROUGE]). The
LOUISIANA Senate approves HB 575, a bill that would impose statewide regulations on ride-sharing services like Uber and Lyft. The bill, which among several things requires drivers to pass a background check, returns to the House (ADVOCATE [BATON ROUGE]).
The ILLINOIS Senate approves SB 690, which would legalize sports betting and expand casino gaming in the Prairie State. It moves to Gov. J.B. Pritzker (D), who has said he will sign it into law (DAILY HERALD [CHICAGO]).
MICHIGAN Gov. Gretchen Whitmer (D) signs SB 106 and SB 155, which together bar the sale of e-tobacco products to minors and prohibit minors from using those products (CHEROKEE TRIBUNE & LEDGER-NEWS).
The NEW HAMPSHIRE House approves SB 10, which would raise the Granite State minimum wage to $12 per hour by 2022. The bill returns to the Senate (UNION LEADER [MANCHESTER]).
The TEXAS Legislature gives final approval to HB 2041, which would require freestanding emergency rooms to clearly disclose the in-network health plans they accept and the fees patients may be charged. It moves to Gov. Greg Abbott (R) for consideration (TEXAS TRIBUNE [AUSTIN]).
The TEXAS House gives final approval to HB 1941, which would allow the Texas attorney general to take action against freestanding emergency rooms that charge “unconscionable” rates, which the bill defines as prices that are 200 percent more than the average hospital charge for a similar treatment. It moves to Gov. Abbott for consideration (TEXAS TRIBUNE).
The CONNECTICUT House approves HB 7267, a sweeping bill that would, among several things, allow state officials to seek permission from the federal government to import prescription drugs from Canada. The measure, which would also authorize officials to pursue a reinsurance waiver to mitigate risk from sizable claims and to charge insurers and health care centers an annual fee to cover large medical bills in order to keep premiums down, moves to the Senate (CONNECTICUT MIRROR).
The San Diego, CALIFORNIA City Council approves a proposal to limit homeshare rentals like Airbnb to the property owner’s primary residence. The new rules go into effect in July, 2019 (SAN DIEGO UNION TRIBUNE).
The Burlington, VERMONT City Council votes to officially consider the possibility of creating a “safe injection” site as a means of combatting the city’s ongoing opioid overdose epidemic. The council is expected to produce a report and recommendation on the issue by next year (WCAX [BURLINGTON]).
-- Compiled by RICH EHISEN
Weeks after a mass shooting at a Santa Fe, Texas public school that left 10 people dead, Texas Gov. Greg Abbott (R) unveiled a school safety proposal that called for, among several things, firearms training for teachers.
Abbott’s proposal had 40 recommendations in all. Other action items included limiting school entry and exit points, implementing “active shooter” alarms, expanding the list of offenses that can earn a student expulsion and adopting a zero-tolerance policy for students that commit assault on school grounds. He also inched toward support of a so-called “red flag” law that would allow authorities to take guns away from those deemed to be an imminent threat of danger to themselves or others, calling on lawmakers to “consider the merits of adopting a red flag law” while “maintaining the highest standards of due process.”
Most of Abbott’s proposals would require legislative approval, and he said he would be open to calling lawmakers back to a special session “If there is consensus on some laws that could be passed.”
Abbott also suggested amending a state law that holds families liable for leaving firearms accessible to minors to include kids 17 years of age. Current law applies only to those 16 or younger. (TEXAS TRIBUNE, NATIONAL PUBLIC RADIO)
In an effort to bolster the state’s market for zero- and near-zero emissions vehicles, CALIFORNIA Gov. Jerry Brown (D) signs a dozen bills aimed at broadening their use in the Golden State. A sampling of the bills include SB 498, which requires at least 50 percent of the state’s light-duty vehicle fleet to be zero-emission by 2025 and AB 739, which sets a 15 percent zero emission goal by the same year for the state’s heavy duty vehicles (CALIFORNIA GOVERNOR’S OFFICE).
Also in CALIFORNIA, Gov. Brown signs SB 50, which grants a first right of refusal to the State Lands Commission prior to the sale or lease of federal public land located in California and bars the transfer of title on such lands if that right of refusal has not been exercised (CALIFORNIA GOVERNOR’S OFFICE).
The TENNESSEE House approves HB 2312, which would ban state and local officials from accepting consular IDs to establish identity. The measure, which would also prohibit officials from accepting locally issued forms of identification, including student IDs and library cards, for that purpose moves to the Senate (TENNESSEAN [NASHVILLE]).
ALASKA Gov. Bill Walker (I) signs HB 240, which bars gag rules in contracts between pharmacy benefits managers and pharmacies. Gag rules prohibit pharmacists from telling customers of a cheaper option for medication if they pay out of pocket (ALASKA PUBLIC MEDIA [ANCHORAGE]).
CALIFORNIA lawmakers send a bill to Gov. Jerry Brown (D) that bars secret settlements and non-disclosure agreements in sexual harassment cases, one of several bills considered this year in state legislatures in response to the #MeToo movement. The California bill, which was pushed by actress and activist Jane Fonda, prohibits employers from requiring nondisclosure agreements related to sexual misconduct as a condition of getting or keeping a job. California lawmakers also passed and sent to Brown another bill that would require that in settlement agreements about sexual misconduct, the perpetrator’s name be disclosed. According to the National Conference of State Legislatures, similar laws were passed this year in Arizona, Maryland, New York, Tennessee, Vermont and Washington state. (ASSOCIATED PRESS)
The Ninth U.S. Circuit Court of Appeals rules that cities cannot make it a crime to sleep on a public street or sidewalk when no homeless shelters are available. The court’s ruling applies to ordinances found in cities in nine western states (SAN FRANCISCO CHRONICLE).
ALASKA Gov. Bill Walker (I) signs legislation that allows Last Frontier cities and boroughs to bar drivers from using their cellphones in school zones (FAIRBANKS DAILY NEWS-MINER).
The LOS ANGELES City Council approves new rules that allow dockless electric scooters to continue operating in the City of Angels. Under the new rules, each licensed operating company will be allowed to deploy up to 10,500 scooters and e-bikes across the city (CURBED LOS ANGELES).