STATES OF PLAY: Federal Privacy Bill Would Preempt State Laws

Welcome to States of Play

States like California would see their role in the privacy sphere significantly curtailed under a new draft federal measure that has been years in the making. And in Arizona, the state Supreme Court allowed a near-total ban on abortions to take effect.

Forwarded this newsletter by a friend? SIGN UP here.

PRIVACY

Bipartisan draft federal legislation would preempt comprehensive state privacy laws and could scramble enforcement dynamics, which to date have largely been led by state attorneys general. It would allow individuals to directly sue companies for alleged violations, going beyond “anything we’re seeing on the state level right now, maybe with the exception of California’s privacy right of action under data breaches,” said Austin Mooney, a partner at McDermott Will & Emery. The draft legislation—which has not been introduced yet in either chamber—would supersede major privacy laws like California‘s Consumer Privacy Act, but more focused state privacy laws like Illinois’ biometric privacy law would remain in effect. (Bloomberg Government)

HEALTH CARE

The Arizona Supreme Court reinstated the state’s 1864 law that criminalizes nearly all abortions. The court ruled that the law—enacted before Arizona became a state—wasn’t repealed or restricted by a 2022 law that banned abortions after the 15th week of pregnancy. The decision is poised to escalate the fight over abortion in the state, where reproductive rights advocates are collecting signatures for a November ballot measure to enshrine abortion rights in the Arizona Constitution. (Bloomberg Government)

An Iowa legislative panel approved rules for enforcing the state’s six-week abortion ban, paving the way for the law to take effect on April 24, unless its blocked by the state Supreme Court. (Des Moines Register)

Virginia Gov. Glenn Youngkin (R) proposed modifying a Democratic-crafted bill that seeks to prohibit restrictions to accessing contraception with language saying the state would follow US Supreme Court decisions guaranteeing Americans’ right to contraception. Youngkin also signed a bill to launch a probe into wholesale prescription drug importation programs, and vetoed another that would establish a state prescription drug affordability board. (Bloomberg Government)

A federal appeals court dismissed Idaho lawmakers’ attempt to help the state defend US claims that its near-total abortion ban can’t be lawfully applied in emergency situations. (Bloomberg Government)

ENVIRONMENT

Virginia‘s Youngkin is seeking changes to an assembly-approved measure that would create the state’s first “green bank.” Such a financing authority would be tasked with using state and federal dollars to attract private investors to emissions-slashing projects. Green banks have been gaining traction across the country as states and cities try to capture the billions of federal dollars available for climate projects. Youngkin didn’t specify what his amendments would do. (Bloomberg Government)

LABOR

Also in Virginia, Youngkin vetoed a Democratic-backed bill that would force ride-share companies like Uber and Lyft to report how fares are split between them and their drivers. Democratic lawmakers lack the two-thirds majority needed to override Youngkin’s veto without GOP support. (Bloomberg Government)

Wisconsin Gov. Tony Evers (D) vetoed a GOP-backed measure that would scrap work permit requirements for 14- and 15-year-olds. Wisconsin is one of 28 states where lawmakers have proposed weakening child labor laws since 2021, according to the Economic Policy Institute. (Bloomberg Government)

TAX

Kansas’ Republican-controlled legislature gave final approval to a measure that would slash taxes by $1.5 billion over three years. It’s unclear whether Democratic Gov. Laura Kelly will sign the measure. Republican lawmakers passed the bill after the state House rejected a separate tax-cutting bill that Kelly supports. (Bloomberg Government)

Virginia‘s Youngkin said he would propose amending the state budget to remove a provision that would extend the sales tax to include digital goods like streaming services. (Bloomberg Government)

The Tennessee House and Senate passed vastly different versions of a bill supported by Gov. Bill Lee (R) that would provide franchise tax refunds. (Nashville Tennessean)

IMMIGRATION

The Louisiana Senate approved a Texas-style immigration measure that would empower local police to arrest undocumented immigrants. The Texas law is currently on hold while a legal challenge is pending. (NOLA.com)

SOCIAL POLICY

The Tennessee Senate passed a bill that would require parental consent for minors to open social media accounts. Several states including Louisiana, Texas, and Utah already have such requirements. (Associated Press)

A Louisiana House panel advanced a bill that would force individuals to use bathrooms that correspond with their sex assigned at birth in schools, domestic violence shelters, and other locations. (Baton Rouge Advocate)

FOOD BENEFITS

Republican governors are divided on whether to participate in a federal program that will provide families about $40 a month for every child who receives reduced-price meals at school during the summer. Fourteen Republican-led states have accepted the federal aid, while 13 have rejected it. (New York Times)

CRIMINAL JUSTICE

Florida Gov. Ron DeSantis (R) signed a bill that imposes tougher penalties on retail theft. (Florida Politics)

CANNABIS

A New York judge’s recent decision throwing out five of the state’s adult-use cannabis regulations will spur more legal challenges, likely focusing on the “true party of interest” framework and buffer zones, attorneys say. (Bloomberg Government)