Just when you think 2022 is going better than 2021, Meat Loaf dies. RIP big guy.
On the plus side, we’ve got another nice NFL slate this weekend.
Committee Updates
House Cybersecurity was canceled this week. Right to Repair (HB 3061) and restrictions on the use of geolocations (HB 3453) had been posted for votes. The Chamber opposes both measures.
Representative Williams, sponsor of HB 3453, has told the chamber she does not plan to move this bill, or anything related to privacy this year. Sigh of relief here. She will be back to focusing on this issue next year as the energy bills demand less attention.
As of this writing, no committee has been posted yet.
BIPA Update: Chamber files BIPA reform bill
Three BIPA updates for you. First, SB 3782 was drafted by the Illinois Chamber. It was introduced yesterday afternoon by Senator Connor. Senator Connor is the Vice Chair of the Senate Judiciary Committee, where the bill is likely to head. It creates a law enforcement and security exception to BIPA. From talks with nearly 100 lawmakers in the last two months, I believe this exception is by far the most likely measure to pass this year. Don’t get me wrong, I’m not pulling a Joe Namath and guaranteeing a win, but I think there is a real shot here to address the most head slapping omission of this flawed law. This bill has not yet been read into the Senate, however you can read an advance copy of the legislation HERE.
Don’t let this fool you that we have given up on broader reform, however. The Chamber will continue to loudly proclaim the need to reform BIPA. To that end we are joining with our friends at the IMA, the Chicagoland Chamber and IRMA to introduce a joint bill that fixes the outlandish liability provisions, adds the security measures, and opens the usage of biometrics in the employment aspects. That legislation has been filed by Keith Wheeler, HB 4692. We will be issuing a joint letter to the legislative leaders about the need for this legislation. I’ll have further updates on this push in the upcoming newsletters.
Also, filed on the BIPA front is HB 4569 (Jones) and HB 3413 (Cunningham). These are initiatives of our friends in the healthcare industry that would carve out health care employers from the act under certain conditions.
Illinois Chamber Opposes the Newly Filed “Freedom to Subscribe Directly Act”
HB 4599 (Gonzalez) and SB 3417 (Feigenholtz) create the “Freedom to Subscribe Directly Act”. 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 the exclusive mode of accepting payments from a user for software application downloads or digital purchases; (ii) require use of a particular in-application payment system for accepting payments from Illinois users to download a software application or purchase a digital or physical copy; or (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. Exempts special-purpose digital application distribution platforms from the Act. Furthermore, it creates a new cause of action.
The Chamber opposes these bills. They would destroy the existing app ecosystem that has allowed developers to access billions of global users while providing consumers with a safe, secure, and convenient place for users to search for apps. The benefits that app stores provide to developers and consumers include not only immediate access to global users, but also the infrastructure necessary to support regular malware scanning, prevent restricted content like hate speech and sexual content, prevent spamming apps, and manage safe and secure payment activities. Without these resources that are available to all developers, the app market would be balkanized, confusing, and expensive for both developers and users. We are working with our friends at TechNet to oppose.
Additional New Bills of Interest
Today is the Senate bill deadline for introduction. I expect several more bills to be filed in the coming hours. Next week is the House deadline. Here’s what we’ve seen so far:
HB 4634 (Butler) Creates the Manufacturing Illinois Chips for Real Opportunity (MICRO) Act. Creates the Manufacturing Illinois Chips for Real Opportunity (MICRO) Program to be administered by the Department of Commerce and Economic Opportunity. Creates various tax incentives for manufacturers of semiconductors, microchips, or semiconductor or microchip component parts, subject to an agreement with the Department of Commerce and Economic Opportunity.
SB 3447 (Hilton) Amends the Automatic Contract Renewal Act. Provides that the clear and conspicuous disclosure of an automatic renewal clause displayed during the contract formation process must require the consumer to affirmatively consent to the renewal terms. Provides for additional notice requirements concerning contracts that automatically renew for a specified term of more than one month unless the consumer cancels the contract. Provides for additional notice requirements concerning contracts that allow the consumer to accept a free gift or trial as part of an automatic renewal offer before the consumer makes any payment, or where such contract entitles the consumer to an introductory reduced, promotional, or discounted rate before the customer begins paying the full rate.
SB 3175 (Lightford) and SB 3176 would benefit online lottery. The first would allow for online instant win games and the second to repeal the sunset on internet lottery games. Both of these bills are supported by the Chamber.
