May State Legislation Update Last Updated: June 04, 2019 Introduction LawView is a tool that will track state legislation on a monthly and as-needed basis. These reports cover state developments critical to the news media industry so that our members can affect policy decisions at a local level. We can add issues or bills to cover, pull reports on a specific piece of legislation upon request, and are open to suggestions for how we will shape this tool for you moving forward. Please email us at [email protected]. Bills by State Bills by Issue Anti-SLAPP 8 Drones 1199 0 10 20 30 FOIA 8 Political Ads 9 WA Public Notice 3355 ME MT ND OR MN Telemarketing 1100 ID WI VT SD MI NY WY NH Privacy 6688 NE IA PA NV OH MA UT IL IN CO WV VA RI KS MO KY CA CT TN NC AZ NM OK AR SC NJ MS AL GA DE TX LA MD DC AK FL HI US Congress Key Updates on Issues Privacy Related Bills: NY S 5575: Second Report Cal. 6/3/19 IL SB 2263: Failed Sine Die 5/31/19 CA AB 25: Read First Time in Senate 5/30/19 NY S 5575: First Report 5/30/19 ME LD 946 (SP 275): Passed House 5/30/19 CA AB 873: Referred to Senate Judiciary 5/29/19 CA AB 1416: Passed Assembly 5/29/19 TX HB 4390: Sent to the Governor 5/29/19 CA AB 846: Read First Time in Senate 5/29/19 IL SB 1624: Passed House 5/27/19 IL HB 3357: Added Chief Co-Sponsors 5/26/19 OR SB 684: Enacted 5/24/19 CA AB 1035: Read Second Time in Senate 5/23/19 CA AB 1355: Referred to Senate Judiciary 5/22/19 CA AB 1564: Referred to Senate Judiciary 5/22/19 CA AB 874: Referred to Senate Judiciary 5/22/19 NY A 5635: Recommitted to Ways and Means 5/21/19 MN HF 2917: Failed Sine Die 5/20/19 MN SF 2912: Failed Sine Die 5/20/19 MO HB 329: Failed Sine Die 5/17/19 NY A 7736: Referred to Consumer Affairs and Protection 5/17/19 VT S 110: House Appointed Conference Committee Members 5/16/19 CA SB 561: Hearing Held 5/16/19 CA SB 752: Hearing Held 5/16/19 NJ S 52: Enacted 5/10/19 NY S 5642: Referred to Consumer Protection 5/9/19 WA HB 1071: Enacted 5/7/19 NY S 133: Recommitted 5/6/19 MD SB 693: Enacted 4/30/19 RI SB 234: Held for Further Study 4/30/19 MD HB 1154: Enacted 4/30/19 Public Notice Related Bills: NY A 5153: Advanced to Third Reading 5/30/19 AL HB 576: Referred to State Government 5/7/19 FL SB 1676: Failed 5/3/19 FL SB 1710: Failed 5/3/19 FL SB 1235: Failed 5/3/19 Anti-SLAPP Related Bills: CO HB 19-1324: Passed Senate 5/16/19 UAS (Drone) Related Bills: CA AB 1190: Read First Time in Senate 5/24/19 MA H 1406: Hearing Scheduled 5/8/19 MA HD 967: Hearing Scheduled 5/8/19 NY S 5461: Amended and Recommitted to Transportation 5/3/19 FOIA Related Bills: IL SB 2135: House Floor Amendments Filed 5/30/19 IL SB 1863: House Floor Amendments Filed 5/30/19 Telemarketing Related Bills: ME LD 277 (SP 89): Enacted 5/30/19 NY S 3297: Amended on Third Reading 5/15/19 NY A 7490: Referred to Consumer Affairs and Protection 5/7/19 IN HB 1123: Enacted 5/5/19 Online Political Ad Disclosure Related Bills: WA HB 1195: Enacted, Partially Vetoed 5/21/19 Bills by Issue Anti-SLAPP (8) State Bill Number Last Action Status Position CO HB 19-1324 Governor Signed 2019 06 03 Enacted None Title Categories: Legal Affairs, State Judiciary, Crime, Other, Civil Rights, First Strategic Lawsuits Against Public Participation Amendment Rights, Communications, Books & Print Media Description The bill establishes an expedited process for a court to follow in a civil action in which a defendant files a motion to dismiss based upon the fact that the defendant was exercising the defendant's constitutional right to petition the government or of free speech. The bill also authorizes an interlocutory appeal of the granting or certain denials of the motion to dismiss. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Primary Sponsors Lisa Cutter, Shannon Bird, Mike Foote State Bill Number Last Action Status Position FN Outlook MA H 3263 Senate Concurred 2019 01 22 In House None 96.1% 87.5% Title Categories: Legal Affairs, State Judiciary, Civil Rights, First Amendment An Act relative to strengthen the Commonwealth's Anti-SLAPP law Rights, Health, Medicare & Medicaid, Health Care Providers, Pharmaceuticals Description By Mr. Cusack of Braintree, a petition (accompanied by bill, House, No. 3263) of Mark J. Cusack, David Henry Argosky LeBoeuf and James Arciero for legislation to ensure full participation by citizens and organizations in discussion of issues regarding the right to the freedom of petition, the freedom of speech, the freedom of expression or any matter of public concern. The Judiciary. Primary Sponsors Mark Cusack State Bill Number Last Action Status Position FN Outlook MA HD 3837 Senate Concurred 2019 01 22 In House None 95.0% 87.5% Title Categories: Legal Affairs, State Judiciary, Civil Rights, First Amendment An Act relative to strengthen the Commonwealth's Anti-SLAPP law Rights, Health, Medicare & Medicaid, Health Care Providers, Pharmaceuticals Description By Mr. Cusack of Braintree, a petition (accompanied by bill, House, No. 3263) of Mark J. Cusack, David Henry Argosky LeBoeuf and James Arciero for legislation to ensure full participation by citizens and organizations in discussion of issues regarding the right to the freedom of petition, the freedom of speech, the freedom of expression or any matter of public concern. The Judiciary. Primary Sponsors Mark Cusack State Bill Number Last Action Status Position MD HB 412 Unfavorable Report By Judiciary Withdrawn Failed sine die None 2019 02 25 Title Categories: Legal Affairs, State Judiciary, Families & Children, Other, Civil Actions - Strategic Lawsuits Against Public Participation Child Care, Financials, Banking & Investment, Insurance Description Altering the conditions under which a lawsuit is considered a strategic lawsuit against public participation (SLAPP suit); specifying the conditions under which a lawsuit is not considered a SLAPP suit; altering the conditions under which a defendant in a SLAPP suit is not civilly liable for certain communications; providing that a ruling or failure to rule on a certain motion is immediately appealable; and providing for the prospective application of the Act. Primary Sponsors Sandy Rosenberg State Bill Number Last Action Status Position MD SB 768 Unfavorable Report By Judicial Proceedings Failed sine die None 2019 02 15 Title Categories: Legal Affairs, State Judiciary, Families & Children, Other, Civil Actions - Strategic Lawsuits Against Public Participation Child Care, Financials, Banking & Investment, Insurance Description Altering the conditions under which a lawsuit is considered a strategic lawsuit against public participation (SLAPP suit); specifying the conditions under which a lawsuit is not considered a SLAPP suit; altering the conditions under which a defendant in a SLAPP suit is not civilly liable for certain communications; providing that a ruling or failure to rule on a certain motion is immediately appealable; and providing for the prospective application of the Act. Primary Sponsors Will Smith State Bill Number Last Action Status Position FN Outlook NJ A 2077 Introduced Referred To Assembly Judiciary In Assembly None 9.9% 80.7% Committee 2018 01 09 Title Categories: Legal Affairs, State Judiciary, Civil Law & Procedure, Civil Authorizes application for dismissal of a "Strategic Lawsuit Against Rights, Privacy, First Amendment Rights, Crime, White Collar, Violent Public Participation " ("SLAPP"). Primary Sponsors Joe Lagana, Paul Moriarty State Bill Number Last Action Status Position FN Outlook NJ S 2616 Introduced In The Senate Referred To Senate In Senate None 23.9% 82.3% Judiciary Committee 2018 05 31 Title Authorizes application for dismissal of a "Strategic Lawsuit Against Public Participation " ("SLAPP"). Primary Sponsors Joe Lagana State Bill Number Last Action Status Position FN Outlook NY S 4994 Referred To Judiciary 2019 04 03 In Senate None 3.7% 83.7% Title Categories: Legal Affairs, State Judiciary Creates the anti-SLAPP act Description Creates the anti-SLAPP act. Primary Sponsors Kevin Parker Drones (19) State Bill Number Last Action Status Position FN Outlook CA AB 1190 In Senate Read First Time To Com On Rls For In Senate None 58.3% 53.1% Assignment 2019 05 24 Title Categories: Transportation, Ground, Law Enforcement & Public Safety, Unmanned aircraft: state and local regulation: limitations. First Responders, Sports & Recreation, Sports, Hunting & Fishing, Crime, Procedure & Sentencing, Violent, Labor & Employment, Wages & Description Compensation, Benefits & Pensions, Occupational Safety, Legal Affairs, AB 1190, as amended, Irwin. Unmanned aircraft: state and local State Judiciary, Civil Law & Procedure, Public Resources, Land Use & regulation: limitations. Existing law prohibits a person from Conservation, Parks, Natural Reserves & Recreational Areas knowingly and intentionally operating an unmanned aircraft system on or above the grounds of a state prison, a jail, or a juvenile hall, camp, or ranch. Existing law provides a state or local public entity or employee with immunity as to any person engaging in hazardous recreational activity, as defined, and for damage to an unmanned aircraft while the local entity or employee is providing emergency services. Existing law defines “unmanned aircraft” and other terms for purposes of these provisions.