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- It's not a Senate Bill, it's a (HI) State Senate Bill. So the headline is slight misnomer. - It hasn't been voted on, and it's unclear [0] if it's made any p
by smcin 2y ago
- It's not a Senate Bill, it's a (HI) State Senate Bill. So the headline is slight misnomer.
- It hasn't been voted on, and it's unclear [0] if it's made any progress since being introduced 1/24/2024 then immediately referred to Committees (Commerce and Consumer Protection, and Judiciary, Ways and Means). Bottom line: what are the numbers on state senators or lobbies supporting/opposing it, how likely is it to be passed, killed, amended, delayed or stonewalled? What's the % likelihood it'll be passed in its current form before the term ends? Seems like the HI State Senate adjourned on May 3 [1], that means this bill has already died in committee and would need to be reintroduced in the next session.
- At first glance it reads ok, but as always jump to the mild (compared to GDPR) timeframes for breach and mild and delayable enforcement penalties (VIII. Penalties for Non-Compliance). It would allow alleged violators a 45-day response period which can optionally have an additional 45-day extension. So, a blatant violator could still argue with the regulator, and then reluctantly cure the defect and avoid any penalty.
- There is no provision for criminal penalties whatsoever, and the (Hawaii State) AG has discretion whether to seek an injunction or impose civil penalties up to $7,500/violation, but only after the cure period. So, it's a slow train. Like CCPA.
[0]: https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3018&year=2024 https://www.capitol.hawaii.gov/session/measure_indiv.aspx?bi...
[1]: https://lrb.hawaii.gov/par/wp-content/uploads/sites/2/2023/05/2024-Session-Calendar.pdf https://lrb.hawaii.gov/par/wp-content/uploads/sites/2/2023/0...