We can now count the number of remaining session days on our fingers and yet many things remain in flux. This is typically the time people start whispering about overtime session, but the plane usually manages to land on time safely. I expect it will get done in time this year too but expect some turbulence the next few days.
Data Center Update- SB 2182
Speaking of turbulence, the data center cleanup bill SB 2182 has run into trouble in the House in the form of a hostile amendment introduced by Representative Walker on behalf of Operators Local 399. SB 2182 was intended as a cleanup to the data center tax incentives passed in 2019. It passed the Senate unanimously with four tweaks to the law supported by the industry and the state Department of Commerce and Economic Opportunity (DCEO).
The amendment, which was adopted in the House Revenue Committee Thursday morning, keeps the four fixes but also adds the requirement of a labor peace agreement. This innocent sounding name greatly undersells the scope of these agreements. Most concerning is that examples of this unions LPAs with other industries require all hiring for covered positions to come from a list supplied by the union. I can supply you with a copy of one of these agreements if you are curious. The Illinois Chamber is now in the rare position of opposing a bill that began as our initiative as the bill in its current form no longer is a benefit to the industry. If you would like to help, contacting the Governor’s office and the Senate sponsor would be most beneficial to the effort.
BIPA Update
HB 3697 (Hoffman-Cunningham) which provides that the Workers’ Compensation Act does not preempt BIPA was held in the Senate Judiciary Committee. This bill is an Illinois Trial Lawyers Association (ITLA) initiative which seeks to avoid a potential pro-business ruling in the Illinois Supreme Court this summer which will determine whether employment related biometrics matters ought to be properly placed in the workers’ compensation system as “injuries” that occurred in the workplace. The bill is posted for Judiciary Committee again next Tuesday. The Chamber is working on an amicus brief in that supreme court case and will provide members with a copy after it is officially filed.
If you are wondering why we continue to harp on BIPA as a problem, the latest example happened last week where an Illinois federal judge awarded $328,000 to plaintiff attorneys after they sued a senior living home for a $1 million settlement. Clarence Darrow would be proud...
More information on that case here:
Other Bills of Interest
SB 2183, Transportation Network Providers Act passed out of the House by a vote of 116-0-0. This bill has now passed both houses. This bill repeals the Transportation Network Providers Act on January 1, 2023. The Chamber supports this legislation. Personally, I’m happy to be able to continue avoiding driving in Chicago thanks to this extension.
HB 2553, Household Privacy passed out of the Senate Judiciary Committee by a vote of 7-0-0. This bill, as amended, creates Protecting Household Privacy Act. Changes the exceptions in which law enforcement agency may obtain household electronic data. Provides that a law enforcement agency may obtain the data (1) if a law enforcement agency first obtains a warrant under the Code of Criminal Procedure of 1963; (2) a specified emergency situation exists; or (3) with the lawful consent of the owner of the household electronic device or person in actual or constructive possession of the household electronic device, excluding law enforcement personnel. Provides that nothing in the Act shall be construed to apply to the interception, recording, wiretap, or other acquisition of electronic communications as they are transmitted in real time. Provides that in the event of any conflict between the Act and any applicable federal or State law, the requirement that establishes the higher standard for law enforcement to obtain information shall govern.
HB 3712, Car Sharing Program was placed on the Senate calendar for 3rd reading. This bill creates the Car-Sharing Program Act. As amended, provides that a car-sharing program shall assume liability of a shared-vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car-sharing period in an amount stated in the car-sharing agreement, which amount may not be less than 4 times the minimum amounts required under the Illinois Vehicle Code (instead of those amounts set forth in the Illinois Vehicle Code). Provides that a car-sharing program shall ensure that, during each car-sharing period, the shared-vehicle owner and the shared-vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts that, for the shared-vehicle driver, are equal to 2 times the minimum amounts set forth in the Illinois Vehicle Code (instead of in amounts no less than the minimum amounts set forth in the Illinois Vehicle Code).
Articles of Interest
Until next time,
Clark
