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One week to go. So far everything is looking good, but a week under the Illinois’ dome in May can be a lifetime.
Consumer Health Data Bill Held for Remainder of Spring
Let’s lead off with some good news- After a few months of gnashing teeth, I’m happy to report that HB 3603 (Williams) will not be moving in these final few days of session. This bill was pushed by the same groups that brought us BIPA and it’s not an exaggeration to say this bill had the potential to be equally catastrophic. A thanks to all the business groups that lined up in opposition to this including Technet, IMA, IRMA iBio, Chicagoland, and the Fuel and Retail Association. Kudos to the General Assembly for not rushing flawed policy.
However, I don’t need to caution this audience that nothing disappears entirely in Springfield. Expect ongoing conversations this Summer and a reemergence in Veto or next spring.
You can read our joint fact sheet HERE.
Committee Updates
It’s not often that the Tech Council tracks a bill in Public Health, but there’s a first time for everything. I wanted to highlight this recently filed resolution posted for Public Health on Tuesday at 1.
SR 249 (Rezin) is a social media resolution. The summary tells you all you need to know “Urges the federal government to uphold its duty to create regulations that promote the well-being of minors and protect them from negative and harmful social media algorithms.”
Floor Votes
HB 1122, Freelance Workers-Neutral passed out of the Senate 35-20 and is on its way to the Governor. As amended, this bill creates the Freelance Worker Protection Act. Provides that, except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount no later than 30 days after the freelance worker provides the product or completes the services under the contract. Provides that once a freelance worker has commenced preparation of the product or performance of the services under the contract, a contracting entity shall not require as a condition of timely payment that the freelance worker accept less compensation than the amount of the contracted compensation. Requires written contracts for services or products provided by a freelance worker. A contracting entity must make the contract available to the Department of Labor upon request. Requires the Department to make model contracts available on its website for use by the general public at no cost. Prohibits a contracting entity from taking any 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. Sets for the procedure for freelance workers to file a complaint alleging a violation of the Act.
This bill, while still not great, is much improved after we were able to negotiate several changes in the House. Please review these provisions if you use independent contractors to make sure your current practices comply with the contract and record keeping provisions.
HB 2123, Deep Fakes passed the Senate 56-0-0. Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Changes the definition of "sexual image" to also mean a photograph, film, videotape, digital recording, or other similar medium that falsely appears to show the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual or a depicted individual engaging in or being subjected to sexual conduct or activity. Provides that a depicted individual of an intentionally digitally altered sexual image has a cause of action against a person disseminating or threatening to disseminate the sexual image. Provides that a depicted individual has a cause of action against a person disseminating or threatening to disseminate a sexual image if the person recklessly disregarded the possibility that the depicted individual did not consent to the dissemination, the image was a private or intentionally digitally altered sexual image, and the depicted individual was identifiable. Provides that in the case of digitally altered sexual images, disclosing that the images were digitally altered is not a defense to liability. Removes language providing that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person. Provides that the dissemination of or a threat to disseminate a private sexual image is not a matter of public concern solely because the image is accompanied by a political message. Allows the court to award equitable relief, such as a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or disclosure of the image, to a prevailing plaintiff in an action brought under the Act.
HB 3563, DOIT-AI Task Force-Support passed the Senate 54-0-0. This bill provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force investigate and provide a report on generative artificial intelligence software and natural language processing software. Sets forth the members to serve on the Task Force. Provides that the Task Force shall provide a report by December 31, 2024.
SB 328, Automatic Contract Renewal passed the House 102-0-0. This bill, as amended, provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract, where such contract automatically renews unless the consumer cancels the contract, shall (i) disclose the automatic renewal offer terms clearly and conspicuously in the contract before the subscription or purchasing agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer; (ii) not charge the consumer's credit or debit card or other payment mechanism for an automatic renewal service without first obtaining the consumer's consent to the contract containing the automatic renewal offer terms; (iii) provide an acknowledgment that includes the automatic renewal offer terms, cancellation policy, and information regarding how to cancel, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, in a manner that is capable of being retained by the consumer; and (iv) if the offer includes a free gift or trial, disclose how to cancel the contract, which may be accomplished by linking to a resource that provides instructions that account for different platforms and services, and allow the consumer to cancel before the consumer pays for the good or services. Provides that the Act does not apply to a contract for the sale of any product or service by a provider that is subject to Article XXII of the Public Utilities Act. Provides that the Act does not apply to a party regulated by the Director of the Department of Insurance or an affiliate of such party. Provides that the Act does not apply to a party, or an affiliate of the party, regulated by the Director of the Department of Insurance.
SB 851, Broadband passed the Senate 56-0-0. The Chamber was neutral with the adoption of Senate Amendment 2. This bill provides that the Broadband Advisory Council shall evaluate the expansion of the Illinois Century Network to Illinois public schools, public libraries, and State-owned correctional institutions or facilities, including issuing recommendations for increasing agency staffing, infrastructure development, price modeling, and providing download speeds of at least one gigabyte per second and upload speeds of at least one gigabyte per second. Requires the Council to study the feasibility of connecting all Illinois public schools, public libraries, and State-owned correctional institutions or facilities to the Illinois Century Network by January 1, 2030. Provides that the Office of Broadband within the Department of Commerce and Economic Opportunity shall support and assist the Council in the development of the study. Provides that the Council shall issue a report on its findings, recommendations, options for expansion, and any recommended legislation to the General Assembly by January 1, 2024.
New IL Chamber BIPA Brief Accepted by IL Supreme Courts
This week the Illinois Supreme Court accepted the Illinois Chamber of Commerce’s amicus brief in the case of Mosby v. Ingalls Memorial Hospital and Mazya v. Northwestern Lake Forest Hospital.
In this case, the Supreme Court is being asked to interpret the “health care exclusion” to BIPA liability. This exclusion, obviously, becoming much more important after the “annihilative liability” authorized in White Castle. The appellate court ruled that this exception is limited to patient information which unjustly exposes our healthcare providers to this “annihilative liability”. Instead, we argue that the legislature wished to exclude “all information collected, used, or stored for health care treatment, payment or operations” regardless of whether that information is collected from a patient or an employee. Secondary to our concern about liability, is that the appellate court’s interpretation would discourage health care providers from complying with HIPAA by using biometric identifiers to safeguard private health care information in their daily operations.
You can read our full brief HERE.
Rulemaking
No new proposed rulemaking of note.
Articles of Interest
Groupon issues 'going concern' warning to investors
Microsoft Bets That Fusion Power Is Closer Than Many Think
Google Says Search Enters New Era With Conversational AI Features
Lawmakers look to end ‘common carrier’ exemption for ride-share companies
AT&T Signs Solar Power Deal
Don’t Forget to Register for the Women in Business Conference
June 21, 2023
8:30 am – 2:30 pm
NIU Center | 1120 E. Diehl Road Naperville, IL 60563
The Illinois Chamber welcomes you to our women's conference as we come together to discuss and further dreams of our already strong women for a stronger Illinois. This year's theme is "Celebrate Success." The robust agenda will provide time for networking and connecting with professionals, and topics providing takeaways for all to take back to the office or home. Sponsorships now available, more information here.
Registration Link: Women in Business Conference (constantcontact.com)
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