DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

HOUSE BILL NO. 154

AMEND House Bill No. 154 by deleting lines 104 through 106 and inserting in lieu thereof the following:

(28) “Publicly available information” means any of the following:

a. Information that is lawfully made available through federal, state, or local government records.

b. Information that a controller has a reasonable basis to believe that the consumer has lawfully made available to the general public through widely distributed media.

FURTHER AMEND House Bill No. 154 on line 124 thereof by deleting “ national origin, ” as it appears therein.

FURTHER AMEND House Bill No. 154 by inserting after line 163 and before line 164 the following:

(3) A national securities association registered pursuant to § 15A of the Securities Exchange Act of 1934 (15 U.S.C. § 78a, et seq., as amended) and the rules and implementing regulations promulgated thereunder, or a registered futures association so designated pursuant to § 17 of the Commodity Exchange Act (7 U.S.C. § 1, et seq., as amended) and the rules and implementing regulations promulgated thereunder.

FURTHER AMEND House Bill No. 154 by inserting after line 203 and before line 204 the following:

(14) Data subject to Title V of the Gramm Leach Bliley Act (15 U.S.C. § 6801, et. seq., as amended) and the rules and implementing regulations promulgated thereunder.

FURTHER AMEND House Bill No. 154 on line 485 thereof by deleting “ collect data directly from consumers ” as it appears therein and inserting in lieu thereof “ collect consumer data ”.

SYNOPSIS

This Amendment makes the following changes to House Bill No. 154:

1) On lines 104 through 106, amends the definition of “Publicly available information”;

2) On line 124, deletes the reference to “national origin”;

3) After line 163, adds to the list of entities that the Bill does not apply to;

4) After line 203, adds to the list of information and data that the Bill does not apply to; and

5) On line 485, deletes the phrase “collect data directly from consumers” and substitutes “collect consumer data.”

Author: Senator Townsend