2024 Regular SessionWest Virginia Legislature

HB5338: Relating to Safe Harbor for Cybersecurity Programs

Legislative Summary

The purpose of this bill is to all create the Consumer Data Protection Act; establishing a framework for controlling and processing personal data in the state; creating definitions; limiting application to all persons that conduct business in the state and either control or process personal data of at least 100,000 consumers or derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers; providing for exemptions; delineating responsibilities and privacy protection standards for data controllers and processors; clarifying standards do not apply to state or local governmental entities; providing exceptions for certain types of data and information governed by federal law; providing that consumers have rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising; providing that the Attorney General has exclusive authority to enforce violations of the law; providing for assistance of the Attorney General in obtaining relief; establishing the Consumer Privacy Fund to support this effort; and providing for construction and an effective date.

Bill History

1/29/2024
Filed for introduction
House of Delegates
1/29/2024
To Technology and Infrastructure then Finance
House of Delegates
1/29/2024
Introduced in House
House of Delegates
1/29/2024
To House Technology and Infrastructure
House of Delegates
2/2/2024
With amendment, do pass, but first to Finance
House of Delegates
2/2/2024
To House Finance
House of Delegates
2/26/2024
By substitute, do pass
House of Delegates
2/26/2024
On 1st reading, Special Calendar
House of Delegates
2/26/2024
Immediate consideration
House of Delegates
2/26/2024
Read 1st time
House of Delegates
2/27/2024
On 2nd reading, Special Calendar
House of Delegates
2/27/2024
Read 2nd time
House of Delegates
2/28/2024
On 3rd reading, Special Calendar
House of Delegates
2/28/2024
Read 3rd time
House of Delegates
2/28/2024
Passed House (Roll No. 375)
House of Delegates
2/28/2024
Effective January 1, 2025 (Roll No. 376)
House of Delegates
2/28/2024
Communicated to Senate
House of Delegates
2/29/2024
Introduced in Senate
Senate
2/29/2024
To Transportation and Infrastructure then Finance
Senate
2/29/2024
To Transportation and Infrastructure
Senate
3/4/2024
Without recommendation, but first to Finance
Senate
3/4/2024
Immediate consideration
Senate
3/4/2024
Read 1st time
Senate
3/4/2024
Referred to Finance
Senate
3/5/2024
Reported do pass, with amendment
Senate
3/6/2024
On 2nd reading
Senate
3/6/2024
Read 2nd time
Senate
3/7/2024
On 3rd reading with right to amend
Senate
3/7/2024
Read 3rd time
Senate
3/7/2024
Committee amendment adopted (Voice vote)
Senate
3/7/2024
Passed Senate (Roll No. 415)
Senate
3/7/2024
Title amendment adopted
Senate
3/7/2024
Effective January 1, 2025 (Roll No. 415)
Senate
3/7/2024
Senate requests House to concur
Senate
3/9/2024
House received Senate message
House of Delegates
3/9/2024
House concurred in Senate amendment and passed bill (Roll No. 771)
House of Delegates
3/9/2024
Effective January 1, 2025 (Roll No. 772)
House of Delegates
3/9/2024
Communicated to Senate
House of Delegates
3/9/2024
Completed legislative action
House of Delegates
3/9/2024
House Message received
Senate
3/9/2024
To Governor 3/21/2024 - Senate Journal
Senate
3/21/2024
To Governor 3/21/2024
House of Delegates
3/9/2024
To Governor 3/21/2024 - House Journal
House of Delegates
3/9/2024
Vetoed by Governor 3/27/24 - Senate Journal
Senate
3/28/2024
Vetoed by Governor 3/27/24
House of Delegates
3/9/2024
Vetoed by Governor 3/27/24 - House Journal
House of Delegates

Amendments

hb5338 hfa linville _1 3-8 revised

hb5338 hfa linville _1 3-8 revised

3/8/2024Not Adopted

hb5338 hfa linville _1 3-8

hb5338 hfa linville _1 3-8

3/8/2024Not Adopted

hb5338 hfat linville_1 3-8 revised

hb5338 hfat linville_1 3-8 revised

3/8/2024Not Adopted

hb5338 hfat linville_1 3-8

hb5338 hfat linville_1 3-8

3/8/2024Not Adopted

hb5338 sfa rucker _1 3-7

hb5338 sfa rucker _1 3-7

3/7/2024Not Adopted

hb5338 sfa rucker _1 3-7 pulled

hb5338 sfa rucker _1 3-7 pulled

3/7/2024Not Adopted

hb5338 sfat tarr _1 3-5 adopted

hb5338 sfat tarr _1 3-5 adopted

3/5/2024Adopted

hb5338 sfat tarr _1 3-5

hb5338 sfat tarr _1 3-5

3/5/2024Not Adopted

hb5338 s fin am _1 3-5

hb5338 s fin am _1 3-5

3/5/2024Not Adopted

hb5338 s fin am _1 3-5 adopted

hb5338 s fin am _1 3-5 adopted

3/5/2024Adopted

hb5338 h t_i am _1 1-30

hb5338 h t_i am _1 1-30

1/30/2024Not Adopted

Roll Call Votes

House concurred in Senate amendment and passed bill (Roll No. 771)
3/9/2024
82
Yea
15
Nay
0
Not Voting
3
Absent
Result: PASSED
Effective January 1, 2025 (Roll No. 772)
3/9/2024
91
Yea
6
Nay
0
Not Voting
3
Absent
Result: PASSED
Passed Senate (Roll No. 415)
3/7/2024
27
Yea
6
Nay
0
Not Voting
1
Absent
Result: PASSED
Effective January 1, 2025 (Roll No. 415)
3/7/2024
27
Yea
6
Nay
0
Not Voting
1
Absent
Result: PASSED
Passed House (Roll No. 375)
2/28/2024
92
Yea
0
Nay
0
Not Voting
8
Absent
Result: PASSED
Effective January 1, 2025 (Roll No. 376)
2/28/2024
91
Yea
0
Nay
0
Not Voting
9
Absent
Result: PASSED

Status Information

Current Status
Vetoed(3/9/2024)
Chamber
House of Delegates
Sine Die

Documents

Introduced
Bill Text1/1/197080.6 KB
Comm Sub
Bill Text1/1/197020.4 KB
Enrolled
Bill Text1/1/197032.5 KB
Fiscal Note
Fiscal Note1/1/19703.9 KB
Fiscal Note
Fiscal Note1/1/19705.1 KB