Key State Legislation to Watch

Domestic Content Requirements in Government Procurement

Known as “Buy American” or “Buy Local” polices, this legislation would impose domestic content restrictions and require state procurement officials to give contractual preference to certain products and materials manufactured in the United States or in a specific state. While most states that have such requirements limit these to iron and steel items, more recently some have considered extending the same requirements to manufactured products as well as their components, which would make it difficult or impossible to procure complex electronic security and life safety products supported by global supply chains.

Consumer Data Privacy

Privacy is important to the delivery and operation of security systems and services, and our members are committed to protecting personal data. Given the lack of congressional action on a nationwide data privacy framework, in 2022 a record number of legislatures are considering statewide requirements of varying scope and applicability. Some key issues for the security industry to watch are the company size and type thresholds at which requirements apply, as well as exceptions to certain requirements needed to ensure the functionality and benefit of certain security applications.

Biometric Information Protection Acts (BIPA)

Legislation emulating Illinois’ flawed and outdated Biometric Information Protection Act (BIPA) of 2008 continues to be introduced and considered in state legislatures in 2022. The most contentious feature of these proposals is the creating of a private right of action as an enforcement mechanism for its provisions. In Illinois, this has subjected businesses to a deluge of more than 1,000 class action lawsuits in a “sue and settle” environment where no harms must be proven. Rather than protecting consumers, this has made many advanced biometric technologies utilized in security applications unavailable in Illinois, a situation that could expand if BIPA-type laws are enacted in other states.

Facial Recognition

Facial recognition technology is increasingly important to public safety and is also critical to the security field in applications that protect people, facilities and information. In 2022, most measures introduced would limit or regulate law enforcement use of the technology, though in several states the measures would more broadly restrict other government applications as well. SIA supports taking legislative steps that align with our principles on privacy and effective implementation, ensuring use facial recognition technology is only used in bounded, lawful and nondiscriminatory ways that benefit society and are constitutionally sound; however, outright bans, as opposed to more targeted policymaking, all too often throw out beneficial applications without considering the outcomes.

School Security

Widespread adoption of proven, effective school safety programs and practices is more important now than ever. State legislatures continue to consider measures that support this goal through additional funding and, in some cases, prescribing specific security features. As more school districts seek to evaluate and enhance the safety of K-12 facilities, SIA endorses the work of the Partner Alliance for Safer Schools (PASS), which has brought together expertise from the education, public safety and industry communities to create the PASS School Safety and Security Guidelines.

Certification and Licensing

A highly trained, licensed and skilled workforce is critical to the security industry, especially in security and life safety systems installation and maintenance. Of interest to the industry is legislation that would impact what qualifications, certifications and licensure companies can or must require. For example, the industry depends on a sound state and local licensing structure appropriate for low-voltage work involving security and life safety systems.

SIA will be engaging policymakers on these and other issues throughout 2022 and updating members on developments as they emerge.  If you have any feedback or would like to follow these issues more closely, please contact Drake Jamali, SIA manager of government relations, at djamali@securityindustry.org.