Meetings
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[Alison Clarkson (Chair)]: So the puppies up?
[Rick Sakel (Office of Legislative Counsel)]: Yeah. Oh, you don't want efficacy?
[Alison Clarkson (Chair)]: I was just gonna post it, and then we are No. No. No. No. Not
[Rick Sakel (Office of Legislative Counsel)]: just kidding.
[Alison Clarkson (Chair)]: Okay. We're live now. Welcome back, everybody, to the conference committee of h six thirty nine, and we have a proposal to review together. And it is a compromise, which we are proposing to the house that we consider that you might consider a thirty day cure period and a two year sunset. And that is what Rick has drafted up in this amendment. Would you like to share with us any further than that?
[Rick Sakel (Office of Legislative Counsel)]: You're ready. Go for it. Okay. So Rick Sakel with the office of Lenten and Council. Requesting sharing, Kira?
[Alison Clarkson (Chair)]: Yeah. Oh, it's interesting. I don't exist on this. Those of us who sit right here do not exist on here.
[Rick Sakel (Office of Legislative Counsel)]: Well, you have to be there.
[Alison Clarkson (Chair)]: So I
[Rick Sakel (Office of Legislative Counsel)]: have to
[Alison Clarkson (Chair)]: go like I'm here. Okay.
[Rick Sakel (Office of Legislative Counsel)]: So we have 1.1 of a proposed report of committee of conference. This is an instance of amendment. There are three instances that this would be doing. So as far as the lean in language, the way this bill has so far proceeded is it's a house bill that went to your committee, you had a proposal of amendments, the house had another proposal of amendment that has sit here and then you requested the committee conference. So the way this usually works is the house would proceed from its most recent proposal, which was the more limited cure period and go back to the Senate proposal, which was no cure period for everything, right? That was the Senate proposal. So that's what this amendment is amending is the Senate proposal. And the way it's being amended is first of all, striking out subsection C in its entirety. So subsection C in the Senate proposal was the cure period language. Subsections A and B is the typical consumer protection enforcement language. So the reason it's being struck is because that language is being in session law. It's a temporary two year cure period. Typically we don't put those in statute. You can override me, but that's my recommendation is that gets a little bit messy. So instead, section one a is new. This is being added to the bill. This is a cure period. So a consumer pursuing a civil action pursuant to non DSA twenty four twenty one c, that is the enforcement in the genetic data privacy bill against a direct to consumer genetic testing company or service provider for an alleged violation. This language is the same as
[Alison Clarkson (Chair)]: Yeah.
[Rick Sakel (Office of Legislative Counsel)]: Those both chambers suggested of the genetic information privacy act shall, and that's the entire act, not just specific portions of it, before initiating the civil actions and they've written notice to the company or service provider that include as many details as possible of the alleged violation. That's the first part of it. I wasn't clear as if you wanted the cure to be as the house suggested it be specific to a few portions or if you wanted it to be in the entire act subject to cure period. So that's one thing you can discuss. I'll show you the rest of it and then you can discuss. Subsection B, if the company or service provider does not cure the violation within thirty days after receiving notice pursuant to Subsection A or if there's a disagreement as to whether the alleged violation has been cured, the consumer shall not be right to initiate civil action against the company or service provider. Okay. Third, section one a, which that just was, will be repealed on 06/30/2028. That is the proposal. So is there questions about what this is doing or how this is being proposed?
[Alison Clarkson (Chair)]: No, I think that is what we would be proposing, and I think we would be proposing the whole at least my understanding, and that we actually didn't discuss this, my understanding is that we would be proposing curing everything.
[Rick Sakel (Office of Legislative Counsel)]: That is the current source. Right.
[Alison Clarkson (Chair)]: That's your understanding? Yes. That is an One big inoculation.
[Rick Sakel (Office of Legislative Counsel)]: What? One big inoculation to cure everything.
[Alison Clarkson (Chair)]: There's so much we need to cure in this world. Anyway, that is those are our thoughts.
[Rick Sakel (Office of Legislative Counsel)]: So when I start on the COC, sometimes we break in the conference to be privately. Do you guys wanna do that or wanna come back tomorrow? We have, like
[Alison Clarkson (Chair)]: We could reconvene in You have about ten more minutes. So do wanna take five?
[Rick Sakel (Office of Legislative Counsel)]: Five. We can just go on the lounge for a second. We can leave too if you want the room. We can go on the lounge. It'll be