Virginia Gov. Glenn Youngkin (R) signed broadband legislation (HB-1265/SB-716) Monday to craft an affordability plan (see 2203020053). Also, Youngkin signed two changes to the 2021 Virginia Consumer Data Protection Act (VCDPA). One (HB-714/SB-534) repeals VCDPA’s consumer privacy fund and expands a nonprofits exemption. The other (HB-381) allows companies to honor consumers’ delete requests by opting them out of future targeted advertising, data sales or profiling, even if the companies retain older data (see 2202280040). Youngkin vetoed the similar SB-393, which he said was because he signed the House companion. In other states, Kentucky Gov. Andy Beshear (D) mostly approved HB-315 to set up a state broadband office with $300 million from the 2021 American Rescue Plan Act (see 2203310010). Beshear vetoed part of the bill declaring lack of internet access an emergency because he said it could put at risk current broadband deployment applications pending at the Kentucky Public Service Commission. “Vetoing the emergency clause allows sufficient time for the [PSC] to rule, and the law to still go into effect at the start of the next fiscal year.” The Maine Senate concurred with the House to pass LD-1107 to set up a satellite broadband grant program (see 2203030012). In Maryland, the House voted 97-34 Monday for the Senate-passed SB-643 to update the state’s data breach law (see 2204070035).

Briefs are due April 29 on the constitutionality of Maryland banning companies from passing to consumers costs of the state’s digital ad tax, the U.S. District Court in Baltimore Judge Lydia Griggsby ordered Friday. Responses are due May 13, she said. The judge said a date for oral argument, “if warranted,” is to be determined. Maryland and business challengers supported a May argument (see 2204050037). Griggsby ruled last month the Tax Injunction Act precluded the court from reviewing the tax itself, though it could review the law’s pass-through prohibition (see 2203040060).

The Maryland Senate passed a proposed update to a state data breach law. Senators voted 45-0 Wednesday for HB-962. The House passed it last month but had to vote again due to Senate amendments. The Senate passed a companion bill, SB-643, last month, which is now pending in the House Economic Matters Committee. The state attorney general’s office supported the measure (see 2203160053).

Dish Network will pay $5.5 million in a settlement with California and Alameda County for allegedly illegal disposal and mismanagement of hazardous waste since 2005, Attorney General Rob Bonta (D) and Alameda District Attorney Nancy O’Malley said Wednesday. Audits of Dish’s California facilities found Dish repeatedly disposed of hazardous waste in trash bins destined for municipal landfills, violating Hazardous Waste Control and Unfair Competition state laws, the AG office said. The settlement includes $3.32 million in civil penalties, $835,500 in litigation costs and $845,000 for supplemental environmental projects. Dish also must pay $500,000 to implement environmental compliance measures. “For years, DISH carelessly disposed of and sent hazardous waste to local landfills, ignoring the consequences for our communities and our environment,” said Bonta. Dish didn’t comment.

A bipartisan group of 44 attorneys general urged TikTok and Snapchat to allow third-party parental control apps and strengthen internal controls and content moderation. Such apps can alert parents to potentially harmful messages including bullying, the AGs said Tuesday. North Carolina AG Josh Stein (D) and Mississippi AG Lynn Fitch (R) led the letter. TikTok and Snapchat didn’t comment

Democrats questioned why Georgia should pass a social media law before courts decide the fate of enjoined similar laws in Florida and Texas. The House Judiciary Committee mulled SB-393 at a partially virtual House Judiciary Committee hearing Wednesday. The Senate passed the bill to treat social media platforms as common carriers in a 33-21 vote earlier this month (see 2203090044). Rep. Mary Margaret Oliver (D) said she doesn’t want Georgia to join state litigation. Rep. Matthew Wilson (D) agreed. "If this bill passes, it will be immediately enjoined and litigated. Why should Georgians have to pay the litigation costs?" Rep. Mike Wilensky (D) fears the bill would make it difficult for websites to stop harassment and antisemitic speech, he said. Sponsor Sen. Greg Dolezal (R) said the bill aims to “eliminate viewpoint-based censorship” but wouldn’t stop websites from removing obscenities or harassment. Chairman Chuck Efstration (R) asked if social platforms are truly monopoly common carriers since people can use other platforms that might not restrict what they say. Dolezal said other platforms exist, but they don't have the same scale or ubiquity as Twitter or Facebook. NetChoice Policy Counsel Chris Marchese urged legislators to wait for appeals court rulings this summer on Texas and Florida laws. Georgia’s bill is most like the Texas law; Florida’s law is before the 11th U.S. Circuit Court of Appeals, which also covers Georgia, he said. SB-393 is more unconstitutional than the Texas law because, by exempting ISPs, the bill that would classify social websites as common carriers would protect “actual common carriers,” Marchese said. Rep. James Burchett (R) rejected claims that social media aren’t big enough to cause concern. If more than 90% of Americans are on Facebook, the platform seems to be taking on the role of the town square, he said. The Judiciary panel will have another hearing on SB-393, said Efstration. In other states, a South Carolina social media bill (S-551) is scheduled for hearing Thursday in the Senate Labor, Commerce and Industry committee. Alaska and Tennessee had hearings on similar bills Tuesday (see 2203220042).

Two Tennessee Republicans raised concerns with a social media bill, as most others in their party supported it at a Tuesday hearing. Voting by voice, the House Commerce Committee cleared HB-2369 to require the Tennessee Public Utility Commission to regulate social media as common carriers (see 2203170025). "It's a bit of a stretch ... to see the commonality between a common carrier as we normally define it and what we're talking about here,” said Rep. Patsy Hazlewood (R). Facebook and Google might be publicly traded companies, “but they are still private companies, and if my memory serves me right, we have said many times before that we can’t be telling private companies what they can do and what they can’t do,” said Rep. Eddie Mannis (R). HB-2369 goes next to the Finance Committee. Also at the hearing, House Commerce members supported the proposed confirmation of Clay Good to the Tennessee PUC. The Senate supported Good and another PUC nominee, Michael Ellis, on 30-0 votes Monday after that chamber’s Commerce panel cleared them last week (see 2203150073).

Kentucky House members unanimously supported setting up a state broadband office with $300 million from the 2021 American Rescue Plan Act. The House voted 85-0 Friday for HB-315, sending it to the Senate. The proposed Office of Broadband Development would administer a state fund, plan and coordinate broadband, and create and maintain maps. The bill would define broadband as 100 Mbps download and 20 Mbps upload

A Maryland biometric privacy bill passed the House in a 100-30 vote Saturday. The Senate referred HB-259 to the Senate Finance Committee on Monday. The bill to regulate how private companies collect and use biometric data gathered support from the state attorney general’s office and consumer privacy groups at a hearing last month (see 2202030022).

A Tennessee bill to regulate social media as common carriers cleared the House Business and Utilities Subcommittee in a voice vote Wednesday. The bill, which goes next to the Commerce Committee, would authorize the Tennessee Public Utilities Commission to probe and fine social websites for “intentionally deplatforming or shadow banning a user … if the basis of such action is rooted in political ideology, viewpoint discrimination, personal animus, or discrimination because of race, creed, color, religion, sex, age, or national origin,” said a HB-2369 summary. The bill responds to outrage from constituents banned by Big Tech, said sponsor Rep. Dennis Powers (R). Websites are censoring misinformation even though Section 230 of the Communications Decency Act restricts only obscene, lewd, filthy, excessively violent, harassing or objectionable things, said Rep. Jason Zachary (R): “Misinformation is not part of that.” Treating sites as common carriers is a good way to keep the bill from running into legal trouble faced by similar Texas and Florida laws, he said. Some members raised concerns. Rep. Dwayne Thompson (D) said he doesn’t like the government stepping on private businesses. Rep. Patsy Hazlewood (R) appreciates the goal but worries about ceding so much control to the PUC and allowing the agency to levy large fines, she said. The Senate Commerce Committee cleared companion bill SB-2161 Tuesday (see 2203160053).