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Before having children, three-day weekends meant an entirely different thing than they do now. Special thanks to my kids’ school that decided the only thing better than a 3-day weekend, is a four-day weekend…
This Week’s Committee Action
One of our tracked bills made it out of committee last week. HB 1132 (Hoffman) which regulates laser shows at the request of a theater union made it out of House Labor Committee on a largely partisan 19-9 roll call. Expect a floor amendment to address the concerns of broadband providers.
Posted for Committee Next Week
Senate Judiciary 2 pm Tuesday
SB 1392 (Villa) – Creates the Digital Forgeries Act.
House Judiciary Civil 8 am Wednesday
HB 1230 (Jones)- Healthcare exemption for BIPA. The Chamber will slip in favor.
HB 2123 (Cassidy) – Creates the Digital Forgeries Act. Same as SB 1392, above.
HB 2231 (Gong-Gershowitz) – ITLA push to greatly increase liability for TNCS like Lyft and Uber. Amends the Transportation Network Providers Act. Deletes language: (i) providing that a Transportation Network Company is not deemed to own, control, operate, or manage the vehicles used by Transportation Network Company drivers, and is not a taxicab association or a for-hire vehicle owner; and (ii) providing that Transportation Network Companies or Transportation Network Company drivers are not common carriers, contract carriers or motor carriers, as defined by applicable State law, nor do they provide taxicab or for-hire vehicle service. Effective immediately. The Chamber will slip in opposition.
House Labor and Commerce Wednesday 2 pm
HB 1122 (Guzzardi) – Creates Freelance Worker Protection Act.
BIPA Security Exception Assigned to Judiciary Committee
The Chamber’s BIPA security legislation, SB 1511 (Cunningham-Holmes) has been assigned to the Senate Judiciary Committee. For those of you interested in this issue, now is the time to reach out to committee members expressing your support and asking for the bill to be posted for a hearing.
You can find the committee members: HERE
New Bills of Interest
Today at noon is the House bill filing deadline. You’ll notice a bunch of Senate bills this week too, that’s because they were introduced last Friday after the newsletter dropped. After that though, things will lighten considerably.
HB 2335 (Keicher) – BIPA. Broader BIPA reform bill that tracks SB 1506.
HB 2470 (Ortiz) - Creates Low Income Broadband Assistance Program. Requires the Department of Commerce and Economic Opportunity to establish a Low-Income Broadband Assistance Program to ensure the availability and affordability of broadband service to low-income families. Provides that the Department shall coordinate with local administrative agencies identified by the Department to determine eligibility for the program, provided that eligible income shall be no more than 150% of the federal poverty level. Provides that families whose annual household income is at or below 135% of the federal poverty level shall be eligible for free broadband service. Provides that a credit of at least $9.95 a month for broadband services shall be payable monthly to: (i) families whose annual household income is greater than 135% but less than 150% of the federal poverty level; and (ii) families that include at least one adult person or dependent child who qualifies for or participates in the Supplemental Nutrition Assistance Program, the Supplemental Security Income program, Veterans Pension and Survivors Benefits Programs, or other specified assistance programs. Provides that the $9.95 broadband service credit may be adjusted according to family size.
SB 1739 (Stadelman)- Data Privacy Shell Bell. Bookmark this one for later.
SB 1740 (Stadelman) – Government Cybersecurity. Creates the Ransomware Attack Act. Provides that a governmental unit (the State, a unit of local government, or any other subdivision of the State) may not use any public funds to pay any person or entity to recover its computer system after a ransomware attack unless the Governor first makes a proclamation that the ransomware attack against the governmental unit is a disaster under the Illinois Emergency Management Agency Act and, in the proclamation, authorizes the governmental unit to make a payment to recover its computer system following the ransomware attack. Requires a governmental unit to report a ransomware attack to the Department of Innovation and Technology no later than 24 hours after discovering the attack, and requires the Department of Innovation and Technology to adopt rules to implement reporting requirements
SB 1742 (Stadelman) – Deep Fakes and Elections. Provides that a person commits a Class A misdemeanor if the person, with intent to injure a candidate or influence the result of an election, creates a deep fake video (a video created with the intent to deceive that appears to depict a real person performing an action that did not occur in reality) and causes the deep fake video to be published or distributed within 30 days of an election.
SB 1782 (Koehler) – Child Vloggers. Upon reaching the age of majority, any individual who was a minor engaged in the work of vlogging may request the permanent deletion of any video segment including the likeness, name, or photograph of the individual from any online platform that provided compensation to the individual's parent or parents in exchange for that video content. A vlogger who features a minor child in a specified amount of the vlogger’s content shared on an online platform must set aside a specified amount of gross earnings on the video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority. Provides for the requirements of the trust account.
SB 1784 (Koehler)- Child Vloggers Part 2. Provides that a vlogger who features a minor child in a specified amount of the vlogger's content shared on an online platform must set aside a specified amount of gross earnings on the video content in a trust account to be preserved for the benefit of the minor upon reaching the age of majority.
SB 1887 (Peters) – Creates Digital Property Protection Act. Creates the Digital Property Protection and Law Enforcement Act. Provides that upon a valid request from the Attorney General or a State's Attorney, made pursuant to the substantive or procedural laws of the State, a court may order any appropriate blockchain transaction for digital property or for the execution of a smart contract. Provides that a blockchain network that processes a blockchain transaction originating in the State at any time after the effective date of the Act shall process a court-ordered blockchain transaction without the need for the private key associated with the digital property or smart contract. Provides that upon a petition by the Attorney General or a State's Attorney, the court shall assess a civil penalty of between $5,000 and $10,000 for each day that the blockchain network fails to comply with the order. Sets forth provisions concerning protection of digital property and contract rights, security interests, and service of process.
SB 1908 (Villanueva) – Creates Warehouse Worker Protection Act. Creates the Warehouse Worker Protection Act. Provides that each employer shall provide to each employee, upon hire, or within 30 days after the effective date of the Act, whichever is later, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within a defined time period, and any potential adverse employment action that could result from failure to meet the quota. Provides that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. Requires employers to post a notice of employees' rights under the Act and to comply with certain recordkeeping requirements. Establishes civil penalties for noncompliance with the Act. Provides for a private right of action.
SB 1982 (Aquino) – Personal Delivery Devices. Provides that a personal delivery device shall be authorized to operate on any sidewalk, crosswalk, or public roadway or highway in the State. Provides that a personal delivery device shall: (1) be equipped with a system that enables the personal delivery device to come to a controlled stop; (2) have the capability of operating in a manner that complies with pedestrians' rights and duties; (3) not unreasonably interfere with motor vehicles or traffic or otherwise block any right-of-way; (4) operate at a speed that shall not exceed 10 miles per hour on a sidewalk or crosswalk; (5) not be used to transport specified hazardous materials; and (6) include a unique identifying number and a means of identifying the personal delivery device operator. Specifies that a personal delivery device shall have all the rights and duties applicable to a pedestrian under the same circumstances.
SB 2007 (Johnson) – Obscene Electronic Unsolicited Message Act. Creates the Obscene Electronic Unsolicited Message Act. Provides that a person may file a private cause of action against another person 18 years of age or older who knowingly sends an image, that the person knows or reasonably should know is unsolicited, by electronic means, depicting obscene material. Provides that a prevailing plaintiff who suffers harm as a result of receiving an image, the receipt of which had been expressly forbidden by the plaintiff, in violation of these provisions, may recover the following: (1) actual damages proximately caused by the receipt of the image, including damages for emotional distress not exceeding $25,000; (2) attorney's fees; and (3) injunctive relief. Provides that the remedies under these provisions are cumulative and shall not be construed as restricting a remedy that is available under any other law.
SB 2041 (Pacione-Zayas) – “Freelance Worker Protection Act”. Creates the Freelance Worker Protection Act. Provides that freelance workers must be compensated by hiring parties for their services in a timely manner. Provides that whenever a hiring party retains the services of a freelance worker, the contract between the hiring party and the freelance worker shall be reduced to writing and signed by both parties. Provides that no hiring party shall threaten, intimidate, discipline, harass, deny a work opportunity to, or discriminate against a freelance worker, or take any other action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under the Act
SB 2279 (Martwick) - Independent Contractor Payments. Creates the Independent Contractor Payment Protection Act and amends the State Finance Act. Provides that the agreed work terms between an independent contractor and a client shall be: (1) reduced to writing; (2) sufficiently detailed in describing how compensation earned and payable shall be calculated; (3) signed by the independent contractor; (4) signed by the client; and (5) kept on file by the client for a period of not less than 6 years. Provides that an independent contractor shall be paid the compensation earned in accordance with the agreed work terms not later than the last day of the month following the month in which the compensation is earned
SB 2359 (Ventura)- Creates “Protecting Privacy from Government Intrusion Act”. Creates the Protecting Privacy from Government Intrusion Act. Provides that a government entity may not obtain the location information of an electronic device without a tracking warrant. Provides that a warrant granting access to location information must be issued only if the government entity shows that there is probable cause that the person who possesses an electronic device is committing, has committed, or is about to commit a crime. Provides for requirements of an application for a warrant. Describes when a government entity may obtain location information without a tracking warrant. Provides for a time period to achieve the objective of the authorization; notice on the persons named in the warrant; a report on collection of location information; a prohibition on the use of evidence; a limit on storage of license plate data; a prohibition on transfer of license plate data; and student online personal information protection.
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