Wash. Privacy Bill Faces Uncertain Fate as House Skips Vote

Washington state’s privacy bill might yet live despite appearing to miss a legislative deadline over the weekend. "The bill remains alive through the end of the Legislative Session," the bill's sponsor and Senate Technology Committee Chair Reuven Carlyle (D) tweeted Monday. A key House member voiced hope for compromise, but there seemed to be confusion among SB-5062 watchers Monday, with some saying the bill is dead. Washington privacy bills failed the past two years, with chambers at loggerheads on enforcement. The state’s House and Senate passed municipal broadband bills Sunday but must concur with each other’s changes.

“We’re trying to see how we can address our colleagues’ concerns so we can still get this done before the end of the legislative session,” said House Judiciary Committee Chairman Drew Hansen (D) in a statement about the privacy bill. Hansen noted Consumer Reports and Common Sense supported his recent amendment to the bill, which included adding a limited private right of action and sunsetting companies’ right to cure after one year (see 2103260034). Carlyle opposed those changes.

Rep. Shelly Kloba (D) declared the bill dead. For the third straight year, the privacy measure "failed to advance in a form that both the House and Senate could support," said Kloba, who had a different privacy bill that failed earlier in the session. "While it is crucial that we pass a law to regulate data privacy, it is important to create the strongest protections possible," she said in a statement. "I will continue to work with privacy advocates, the business community, and my colleagues to find a solution that works for both chambers and the people of Washington."

Sunday was the last day for Washington bills to pass their opposite chamber, “except initiatives and alternatives to initiatives, budgets and matters necessary to implement budgets, differences between the houses, and matters incident to the interim and closing of the session,” says the legislature’s cutoff calendar. If lawmakers consider SB-5062 an exception, the House and Senate would have to find consensus before April 25, the last day of the legislature’s regular session.

The American Civil Liberties Union believes SB-5062 “should not be considered necessary to implement the budget, so we should consider it done for this session,” said Jennifer Lee, ACLU-Washington technology and liberty project manager. ACLU opposed SB-5062, even with the House changes.

“The amended bill lost support of lawmakers from both parties and, for the third year in a row, failed to pass,” said TechNet Executive Director-Northwest Samantha Kersul in a statement. TechNet supported the Senate-passed bill, but “through the legislative process ... changes were made and amendments added that made the bill untenable,” said Kersul, saying the private right of action was a deal breaker. “The bill approved 48-1 in the Senate was well worked and well negotiated and provided for consumer protections and operational workability for our industry. We are disappointed the House did not accept the Senate bill this year.”

“The bill isn't dead,” a Common Sense spokesperson said. “Members are still discussing a compromise and would have to be reconciled by the Senate version by April 25.” The Internet Association didn't comment on the legislative outcome. Microsoft declined to comment.

The bill was on the House calendar Friday but never got called up for vote before Sunday night’s deadline. It’s unclear whether SB-5062 fits under one of the categories allowing more time, Husch Blackwell’s David Stauss blogged Monday. House members proposed 25 amendments that would have required debate, “a sign that the lawmakers still sharply disagreed on the contours” of the bill, Stauss wrote.

House and Senate municipal broadband bills will enter the concurrence process after clearing opposite chambers Sunday, a Senate Democratic Caucus spokesperson said Monday. The Senate voted 27-22 for Hansen’s HB-1336, which would loosen muni restrictions more than Democratic Sen. Lisa Wellman’s SB-5383, passed 62-36 by the House.