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Vermont senators say H211 is close to final form as they debate DPPA exemption and S71 alignment
Summary
Committee members told staff they are ready to 'land' H211 after compromises including GLBA, FCRA and Clearing House exemptions, but they debated adding DPPA (motor-vehicle records) exemptions, aligning definitions with S71, and requested fiscal and technical review before final action.
Senators in the Senate Economic Development, Housing & General Affairs committee said they are near agreement on H211’s data-broker provisions but flagged several remaining items — chiefly whether to include an exemption for motor-vehicle records controlled under the federal Driver’s Privacy Protection Act (DPPA) and whether to fold in Connecticut-inspired S71 language.
A committee member said the committee had made major compromises and wanted to "land" H211 before taking up S71, which includes Connecticut updates. That member listed three concessions the committee had accepted: exemptions for the Gramm–Leach–Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), and Clearing House/education-certification data. The member urged colleagues to confirm readiness to move H211 forward and to reserve S71 for later review.
Why it matters: H211 would establish a state-level registry and deletion tools for data brokers; the committee’s choices about exemptions and the statutory definition of "publicly available information" will shape what types of data and actors the law covers, and they could affect industries such as insurers that rely on DMV-derived records.
Members sought more fiscal clarity. Several senators said they had not seen a comprehensive fiscal estimate for compliance costs that businesses may incur from new operational responsibilities; staff said the Joint Fiscal Office (JFO) could coordinate with business associations to capture those impacts if requested. "I don't know that there was a fiscal note on this," a member observed, and asked staff to request additional analysis.
The committee debated a DPPA exemption for motor-vehicle records. Industry representatives told senators that DPPA-regulated DMV data are distributed under strict contracts (for example, to insurers) and said requiring deletion of those records could distort insurance underwriting or reduce data used to price policies. Bridget Morris of Morris Strategies, representing S&P Global, said DPPA access typically requires a DMV contract and strong auditing; a LexisNexis representative added that deleting motor-vehicle records could make it appear a consumer has no driving history, with potential ramifications for insurance pricing and road-safety information.
Members also discussed aligning H211’s definitions with S71’s language for consistency across jurisdictions. The committee asked staff to circulate side-by-side drafts (members asked for the committee amendment draft 1.2 and the S71 Connecticut-updated text) and to reconvene with more time to review content next week.
What’s next: The chair asked members to review the S71 text and the H211 draft over the weekend. The committee plans to continue work on H211 during a scheduled session later in the week and to begin consideration of S71 if members request it. No votes were taken during the meeting.
