Committee reviews Senate amendments to H 2 11, including removal of data-broker deletion authority

On May 29, 2026, the Committee on Commerce & Economic Development heard an overview of Senate-proposed amendments to H 2 11 from Rick Sagle of the Office of Legislative Council. Sagle said the Senate packet is eight pages with 12 instances of amendment and that changes range from grammatical edits to substantive shifts in data-privacy scope.

Sagle said the Senate revised the bill’s definition of “publicly available information” in chapter 62, which governs data-broker rules, and removed a House provision that had created a consumer deletion authority for brokered personal information. "They removed the deletion authority," Sagle told the committee, describing how related deletion requirements were struck or reframed across the bill.

Under the Senate proposal, the PAI definition excludes certain sensitive categories — examples Sagle cited include biometric data, obscene visual depictions, genetic data and intimate images — narrowing what data brokers could treat as publicly available. Sagle emphasized that this change affects the data-broker subchapter rather than the separate child-related code provisions that the House had aligned with.

The packet also changes registration and enforcement for data brokers: it increases the simple annual registration fee cited under current law (Sagle described the move from $100 to $900), and adds penalties for failing to register or filing incorrect information. Registrants would still be required to disclose substantial categories of data they collect (Sagle referenced categories such as precise geolocation and reproductive-health data), but requirements that had forced brokers to maintain a specific deletion URL were removed now that the statutory deletion authority is gone. The Secretary of State would still maintain a spreadsheet of registrant information and consumer-rights materials for public access.

Sagle said the Senate added a consumer definition to the data-broker subchapter to align with S 71’s consumer definition rather than the previous in-state-resident definition; he characterized that as a limited change that affects only registration language unless deletion mechanisms are restored later. He also described modest additions to the cybersecurity advisory council that would add two legislators (chairs of specified IT committees) and a judiciary member to the council — a request Sagle said came from IT committee members.

The Senate-adjusted effective dates delay some sections to allow agencies time to update systems: data-broker subchapter fields and EdTech provisions would take effect Jan. 1, while most other sections would take effect July 1. Sagle also reported that Senate Appropriations removed a previously included $50,000 appropriation for a Secretary of State study of a deletion mechanism; the study remains but without the consultant funds and must be completed by Dec. 1, 2028.

Committee members asked how the Senate changes interact with S 71 (which includes opt-out and deletion rights for personal data). Sagle said many data brokers operate as controllers and, if not exempt under S 71, could be subject to S 71’s rights (access, deletion, opt-out). He cautioned, however, that exemptions and scope vary by draft and that whether S 71 applies depends on whether a specific broker is exempt under that statute.

After discussion, a committee member moved to report favorably on the Senate proposal of amendment to H 2 11; another member seconded. The chair announced the motion carried by voice vote. The committee did not record individual roll-call votes in the transcript.