Committee moves to seek conference on H.639 after disagreement over enforcement and cure period

The Vermont House Committee on Commerce & Economic Development on May 8 reviewed Senate amendments to H.639, the bill governing genetic data privacy, and moved to decline concurrence and ask for a committee conference to resolve differences between the House and Senate versions.

Legislative counsel Rick Sagel told the committee the Senate made two changes to the House bill: a largely technical substitution in the data‑security section — replacing the term “biometric data” with “biological samples” to align the language with the bill’s focus — and a substantive amendment in the enforcement section that creates a 60‑day cure period for violations under the Vermont Consumer Protection Act. “This bill is about biological samples genetic data not about biometric data,” Sagel said, stressing the intent to protect genetic information and biological samples rather than broad biometric categories such as fingerprints or iris data.

Committee members debated the newly added 60‑day cure period, which would require a consumer who alleges a violation to send written notice and give the company 60 days to cure before initiating a civil action under the consumer‑protection statute. One member said the longer window risks being “over the top” for serious genetic‑data violations that cannot be undone; others argued a cure period can prevent businesses from panic and provide a predictable path to correct technical issues. Multiple members suggested a shorter, narrower cure window or limited cure rights only for technical breaches rather than misuse of genetic material.

After discussion, a motion was made and seconded — moved by Bolson and seconded by Duke — that the committee not concur with the Senate amendment and request a committee conference to negotiate the differences. The committee called for a hand/voice vote and agreed to return mid‑week to receive a report on any further drafting and to prepare for floor action. The transcript does not contain a clear, auditable vote tally in the record provided.

The committee’s decision to seek a conference means lawmakers will attempt to reconcile the House and Senate positions before either chamber moves final passage. The conference process is intended to produce a unified text for both chambers to consider; committee members said they expected businesses and stakeholders (including those who previously testified) to offer input as the conference works to narrow the cure period and clarify cross‑border storage and transfer questions.

The committee took no final floor action on H.639 at this session and scheduled follow‑up consideration and reporting back to the panel later in the week.