|
There’s always the bad and the good. The bad: stressful committee deadline week. The good: one week until March Madness.
The Senate will not be in Springfield next week. The House is scheduled to be in session Tuesday through Thursday.
Committee Deadline Recap
This week was the committee deadline to get bills to the floor of their originating chamber. Long hours were spent in committee rooms with promises to “hold my bill on 2nd while we work with the opponents”. Here’s a summary of the bills posted to committee and their outcome.
Senate Judiciary
SB 328 (Glowiak Hilton) – Automatic Contract Renewals. This passed the committee 8-0-0. There is a pending amendment that will have to return to committee.
House Consumer Protection Committee
None of the right to repair bills moved out of committee:
HB 3593 (Mussman) – Right to Repair for electronics.
HB 3601 (Mussman) – Education Technology Right to Repair
HB 3602 (Mussman) – Wheelchair Right to Repair
Quick BIPA Update
The BIPA related bills were sent to a Judiciary subcommittee where they will not be called this Spring. Working groups are being formed in both the House and the Senate to address BIPA and try to find a workable option towards reform. The following were sent to subcommittee:
HB 1230 (Jones) – BIPA Healthcare exemption.
The Chamber supports.
HB 2252 (Ugaste) – Broad BIPA Reform. The Chamber supports.
HB 2259 (Ugaste) – BIPA Security Purpose. Chamber initiative.
HB 3199 (Keicher) – Broad BIPA reform bill.
The Chamber supports.
HB 3204 (McCombie) – BIPA one year statute of limitations.
The Chamber supports.
House Judiciary
HB 3098 (Rashid) – App Store Bill. Provides that a provider of a digital application distribution platform for which cumulative downloads of software applications from the digital application distribution platform to Illinois users exceed 1,000,000 downloads in the previous or current calendar year may not: (i) require a software application developer that is domiciled in the State to use a particular in-application payment system as a mode of accepting payments from a user for software application downloads or digital purchases; (ii) require use of a particular in-application payment system as a mode of accepting payments from Illinois users to download a software application or purchase a digital or physical product or service through a software application; (iii) retaliate against a developer that is domiciled in the State or an Illinois user for using an in-application payment system or digital application distribution platform that is not owned by, operated by, or affiliated with the provider; or (iv) discriminate against any developer on account of the developer using a third-party payment system to process payments for in-application payments. Chamber opposes. This was held in committee.
HB 3285 (Kifowit) - Creates the Artificial Intelligence Consent Act. Provides that if a person creates an image or video that uses artificial intelligence to mimic or replicate another person's voice or likeness in a manner that would otherwise deceive an average viewer, and displays the content for public viewing, the creator must provide a disclosure on the bottom of the image or video that the image or video is not authentic and does not reflect the original voice or likeness of the person being depicted, unless the person whose voice or likeness is being depicted consents to its use. Provides that a person aggrieved by a violation of the Act shall have a right of action against an offending party. This was held in committee.
HB 3603 (A. Williams) - Amends the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that, in plain language, clearly and conspicuously disclosures specified information. Provides that a regulated entity shall prominently publish its health data privacy policy on its website homepage. Provides that a regulated entity shall not collect, share, sell, or store categories of health data not disclosed in the health data privacy policy without first disclosing the categories of health data and obtaining the consumer's consent prior to the collection, sharing, selling, or storing of such data. Prohibits the collection, sharing, selling, or storing of health data. Describes the regulated entity's duty to obtain consent; the consumer's right to withdraw consent; prohibitions on discrimination; prohibitions on geofencing; a private right of action; enforcement by the Attorney General; and conflicts with other laws. The Chamber opposes in its current form.
The sponsor moved HB 3603 out of committee on a partisan roll call but promised to work on it further and to meet with opponents. Please feel free to send me any redlines on this. There are indeed plenty of issues with this bill, not the least of which is the PRA which mimics exactly the PRA language in BIPA. I’m going to meet with Leader Williams next week and would appreciate any redlines you can send my way.
House Cybersecurity and Analytics
Cybersecurity met Thursday morning. Only two bills were called. The first was HB 2130 (Morgan) which sets up requirements in the event of a cybersecurity event for domestic insurance companies. This bill was the initiative of the Department of Insurance and opposed by the insurance industry. It passed out of committee on a partisan roll call with a promise to bring back to an amendment after negotiations.
Advancing out of committee unanimously was HB 3563 (Rashid) - DoIT AI Task Force. With the emergence of ChatGPT, AI technology is foremost on technology focused legislators minds. I slipped in favor of this bill and will seek an appointment to the task force.
These bills we oppose were held in committee. The Chamber slipped in opposition to all of them:
HB 1381 (Buckner)- Right to Know
HB 3385 (Rashid) - Creates the Illinois Data Privacy and Protection Act. NEW PRA
HB 3880 (Moeller) - Creates the Children's Privacy Protection and Parental Empowerment Act. Provides that any business that violates the Act shall be subject to an injunction and liable for a civil penalty of not more than $2,500 per affected child for each negligent violation or not more than $7,500 per affected child for each intentional violation.
HB 3943 (Douglass) - Creates the Social Media Content Moderation Act. Provides that a social media company shall post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service. Provides that on a semiannual basis, a social media company shall submit to the Attorney General a terms of service report including specified information. Provides that a social media company that violates the provisions of the Act shall be liable for a civil penalty not to exceed $15,000 per violation per day. Effective immediately.
Chamber Day Information. Sponsors Wanted.
We still have a few sponsorship slots available. Chamber Day is a great way to get in front of lawmakers and meet local business leaders. The Chamber is grateful to all our sponsors- We can’t do what we do without your support. Sponsorship information can be found HERE
Please remember to register for Chamber Day on April 18th. We have confirmed all four legislative leaders will be on hand to give their thoughts on this session and answer a few questions from those present. Registration information is here:
| 
