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Clark Kaericher | Vice President, Government Affairs | 217-522-5512 ext. 296
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February 21st, 2021
The Technology Council seeks to aggressively and proactively promote the interests of the Illinois technology community by advocating for public policy that fosters innovation and promotes economic growth. The Council will seek to promote workforce development policies, advocate for world-class technology infrastructure, avoid overregulation on the industry and support innovators access to the capital they need to grow.
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The big news this week, likely the big news of the year or even the next decade, is the retirement of Speaker Madigan after 50 years of service in the House of Representatives. Many of you reading this weren't even alive when Madigan was first elected. He's been made a caricature by both sides, depending on your perspective either a power mad egomaniac or an unflappable genius; the "velvet hammer" that never lost and remade the state in his image. There's too much to say about such an historical figure but if you wanted to read more, the article in this mornings Illinoize is a good place to start. https://www.theillinoize.com/articles/longtime-aides-say-stereotypes-madigan
Committee Updates
No tech committees have been scheduled at this time and no bills have been assigned to the relevant committees. As a reminder, committees will meet virtually for the time being and will not meet at their typical time slots. I'll let you know when any relevant committees are posted.
Welcome DoorDash to the Tech Council
We'd like to extend a hearty welcome to DoorDash to the Illinois Chamber and the Tech Council. Cold weekends like this are the perfect time to have a great meal delivered and if you have a picky eater child like me, it saves you from eating Mac and Cheese for the 100th time this week.
Notable Bill Introductions
BIPA:
HB 1764 (Wheeler) - Amends the Biometric Information Privacy Act. Changes the definition of "written release" to include electronic consents and releases. Provides that the Attorney General has the sole authority to enforce this Act. An action may be brought to enforce this Act only if a violation of this Act causes actual harm. Exempts an employer from the Act if the employer is using biometric identifiers and biometric information for specified purposes. Repeals a provision providing for a private right of action. The Chamber supports this legislation.
HB 3112 (Delgado) - Amends the Biometric Information Privacy Act. Makes a change in a Section concerning legislative findings and intent. Defines "actual harm" as a realized or actual identity theft, realized or actual loss, or a realized or actual injury. Changes the definitions of "biometric identifier", "biometric information", and "private entity". Provides that an alleged violation of the Act that has not resulted in actual harm is a violation of the Consumer Fraud and Deceptive Business Practices Act and solely subject to investigation and enforcement by the Attorney General. Provides that a person who has suffered actual harm (instead of aggrieved) by a violation of the Act shall have a right of action against an offending party. Provides that a prevailing party in an action brought as a result of actual harm may only recover for the initial (rather than each) violation of the Act. Provides that recovery against a private entity that negligently violates a provision of the Act may result in liquidated damages of $250 (rather than $1,000) or actual damages, whichever is greater. Provides that recovery against a private entity that intentionally or recklessly violates the Act may result in liquidated damages of $500 (rather than $5,000) or actual damages, whichever is greater. Provides that an action may not be brought later than one year from the violation date, if no actual harm occurred; or 3 years from the violation date, if actual harm has occurred. Provides that nothing in the Act shall be construed to apply to certain employees under the Day and Temporary Labor Services Act. Provides that the changes made to the Act apply retroactively to October 3, 2008. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. The Chamber supports this legislation.
Data:
HB 1811 (Andrade) - Provides that when using predictive data analytics in determining creditworthiness or in making hiring decisions, the use of predictive data analytics may not include information that correlates with the race or zip code of the applicant for credit or employment. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow information about the consumer's preference that correlates with the consumer's race or zip code to influence any conclusion regarding the consumer's creditworthiness. Provides that a person or entity that violates the provision commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
HB 2404 (Buckner) - Creates the Right to Know Act. Provides that an operator of a commercial website or online service that collects personally identifiable information through the Internet about individual customers residing in Illinois who use or visit its commercial website or online service shall notify those customers of certain specified information pertaining to its personal information sharing practices. Requires an operator to make available certain specified information upon disclosing a customer's personal information to a third party, and to provide an e-mail address or toll-free telephone number whereby customers may request or obtain that information. Provides for a data protection safety plan. Provides for a right of action to customers whose rights are violated under the Act. Provides that any waiver of the provisions of the Act or any agreement that does not comply with the applicable provisions of the Act shall be void and unenforceable. Provides that no provision of the Act shall be construed to conflict with or apply to certain specified provisions of federal law or certain interactions with State or local government. The Chamber has opposed similar legislation in the past but would like your input.
HB 3030 (Wheeler)- Creates the Cybersecurity Compliance Act. Creates an affirmative defense for every covered entity that creates, maintains, and complies with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of either personal information or both personal information and restricted information and that reasonably conforms to an industry-recognized cybersecurity framework. Prescribes requirements for the cybersecurity program. The Chamber supports this legislation.
Data Centers:
HB 2411 (Davis)- Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that a qualifying Illinois date center is a place, among other criteria, that within 2 years (currently, 90 days) after being placed in service, certifies that it is carbon neutral or has attained other specified certification. Amends the Brownfields Redevelopment and Intermodal Promotion Act. Extends the use of the South Suburban Brownfields Redevelopment Fund. Amends the New Markets Development Program Act. Modifies provisions concerning certification of qualified equity investments and allocation thereof. Provides further rulemaking requirements. Provides that for fiscal years following fiscal year 2026 (currently, 2021), qualified equity investments under the Act shall not be made unless reauthorization is made.
Miscellaneous:
HB 118 ( Guzzardi)- Provides that an employee is entitled to recover damages of 5% (rather than 2%) of the amount of any underpayments in wages for each month following the date of payment during which such underpayments remain unpaid. The Chamber opposes.
HB 797 (Mazzochi) - Fees and penalties for unauthorized removal of cars parked via a third party app.
HB 841 (Mah) - Provides that cable or video providers shall cease charging customers for modems and routers, whether rented together or separately, when the customer has paid to the provider the wholesale cost of the modem or router, or modem and router if rented together, plus a reasonable mark-up not to exceed 5% of the modem, router, or modem and router wholesale cost to the provider.
HB 849 (Zalewski) - Removes the prohibition on a licensee under the Act accepting a wager for a sports event involving an Illinois collegiate team.
HB 1855 (Hoffman) DCEO Innovation Voucher Program- This bill provides that the Department of Commerce and Economic Opportunity is authorized to establish the Illinois Innovation Voucher Program for the purpose of fostering research and development in key industry clusters leading to the creation of new products and services that can be marketed by Illinois businesses. Provides that the Department may award innovation vouchers to eligible businesses to offset a portion of expenses incurred through a collaborative research engagement with an Illinois institution of higher education. The Chamber supports this legislation promotion of business innovation. Maryland has had great success with a similar program. The Chamber supports this legislation.
HB 1951 (Rita)- Allows the Department of the Lottery to offer interactive instant win games through the Internet program. Requires the private manager to obtain the Director of the Lottery's approval before commencing the interactive instant win games program. Defines "interactive instant win game". Effective immediately.
HB 2384 (Buckner) - New broadband wireless program. Replaces provisions relating to the Universal Telephone Service Assistance Program with provisions that require the Illinois Commerce Commission to establish a Universal Broadband Service Assistance Program. Provides that the Program shall provide for a reduction of monthly charges, a reduction of installation charges, devices used in connection to the Internet, or any other alternative assistance or program to increase accessibility to broadband service and broadband Internet access service that the Commission deems advisable subject to the availability of funds for the program.
HB 2913 (Halpin) - Creates credit for the cost of equipment and materials used in the business of providing broadband services in a county in the State with a population of fewer than 40,000 people or a township in the State with a population density of less than 50 households per square mile in a county with a population of less than 300,000 people. Provides that the credit does not apply to equipment and materials placed in service after December 31, 2026.
SB 203 (Anderson)- Allows for the delivery of mixed drinks.
Right to Repair:
HB 3061 (Mussman) - Creates the Digital Fair Repair Act. Provides that original equipment manufacturers shall: (i) make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer the same diagnostic and repair documentation in the same manner as that information is made available to the manufacturer's authorized repair providers; and (ii) make available for purchase by the owner, his or her authorized agent, or any independent repair provider parts, inclusive of any updates to the embedded software of the parts, upon fair and reasonable terms. Requires manufacturers to make parts, tools, and documentation available when digital equipment is under an express warranty. Provides that a violation constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Authorizes enforcement by the Attorney General. Defines terms. Excludes motor vehicle manufacturers. Effective January 1, 2022. The IL Chamber traditionally opposes Right to Repair legislation.
Small Wireless Facilities
HB 2379 ( Walsh) - Amends the Small Wireless Facilities Deployment Act. Provides that the Act is
repealed on December 31, 2026 (currently, June 1, 2021).
HB 2439 (Walsh) - Amends the Small Wireless Facilities Deployment Act. Provides that an authority may require a wireless provider to include documentation and certification that the small wireless facility and location meets all FCC standards and regulations at the wireless provider's sole cost and expense. Provides that an authority may require (currently, propose) that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 (currently, 100) feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure does not impose technical limits or additional significant costs (currently, additional material costs as determined by the applicant). Provides that an authority may require a wireless provider to comply with generally applicable standards, including acoustic regulations. Repeals a Section that repeals the Act on June 1, 2021. Amends the Illinois Municipal Code. Provides that a municipality may require that a small wireless facility be collocated on any existing utility pole within its public rights-of-way and the entity owning the utility pole shall provide access for that purpose. Provides that any fee charged for the use of a utility pole under the Section shall be at the lowest rate charged by the entity owning the utility pole and shall not exceed the entity's actual costs.
HB 2561 (Mazzochi) - Amends the Small Wireless Facilities Deployment Act. In provisions relating to the permit application process for an applicant to collocate a small wireless facility, allows an authority to require an applicant or site developer to provide probative evidence in the form of hard data recorded during a drive test performed by an independent radio-frequency engineer selected by the authority to support gap-in-coverage claims to establish (i) the existence of a real gap in the specific carrier's wireless coverage, (ii) the location of the gap, and (iii) the geographical boundaries of the gap.
HB 2562 (Mazzochi) - Amends the Small Wireless Facilities Deployment Act. Provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation. In provisions prohibiting an authority from requiring an application, approval, or permit or requiring any fees or other charges from a communications service provider authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar, clarifies when changes are not "substantially similar". Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. Adds provisions concerning radio frequency compliance. Makes other changes. Effective immediately.
HB 2563 (Mazzochi)- Creates the Local Control, Protection, and Empowering Law in the Small Wireless Facilities Deployment Act. Provides that property owners may, by petition, require a hearing prior to an authority's approval or denial of the installation of a small wireless facility in an area zoned exclusively for residential purposes. Requires the petition to include 250 signatures of the property owners or 40% of the property owners, whichever is less, within 1,000 feet of where the small wireless facility would be installed. Includes other petition and hearing requirements. Provides that all findings and written comments of the authority as a result of the hearing must be forwarded to the Office of the Secretary of the Federal Communications Commission by the authority. Provides that a hearing shall not interfere with the requirement that an authority approve or deny an application within specified timeframes.
HB 2564 (Mazzochi) - Amends the Small Wireless Facilities Deployment Act. Provides that a wireless provider may be required to provide the following additional information when seeking a permit to collocate small wireless facilities: (i) a written affidavit signed by a radio frequency engineer with specified certifications; (ii) a written report that analyzes acoustic levels for the small wireless facility and all associated equipment; (iii) information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act; and (iv) a certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances. Provides that an authority may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation. In provisions prohibiting an authority from requiring an application, approval, or permit or requiring any fees or other charges from a communications service provider authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar, clarifies when changes are not "substantially similar". Provides that an authority may adopt reasonable rules requiring providers to place above-ground small wireless facilities and associated equipment and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities. Adds provisions concerning radio frequency compliance. Makes other changes. Effective immediately.
HB 2565 (Mazzochi) - Amends the Small Wireless Facilities Deployment Act. Adds a definition for "source of radio frequency emissions". Provides that permit information must be provided to the Illinois Environmental Protection Agency (IEPA). Provides that an authority may require specified information concerning fiber optic cable. Provides that an authority or the IEPA may deny a permit if a provider has failed to provide sufficient evidence that an increase in emissions is needed. Removes a provision limiting an authority's jurisdiction over facilities located in an interior structure or upon the site of any campus, stadium, or athletic facility not otherwise owned or controlled by the authority. Adds provisions relating to trespass, preservation of private property, and federal defenses; compliance and recordkeeping; setbacks; and notice.
SB 222 (Castro) - Amends the Small Wireless Facilities Deployment Act. Provides that an authority may require a wireless provider to include documentation and certification that the small wireless facility and location meets all FCC standards and regulations at the wireless provider's sole cost and expense. Provides that an authority may require (currently, propose) that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 (currently, 100) feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure does not impose technical limits or additional significant costs (currently, additional material costs as determined by the applicant). Provides that an authority may require a wireless provider to comply with generally applicable standards, including acoustic regulations. Repeals a Section that repeals the Act on June 1, 2021. Amends the Illinois Municipal Code. Provides that a municipality may require that a small wireless facility be collocated on any existing utility pole within its public rights-of-way and the entity owning the utility pole shall provide access for that purpose. Provides that any fee charged for the use of a utility pole under the Section shall be at the lowest rate charged by the entity owning the utility pole and shall not exceed the entity's actual costs. Effective immediately, except for certain provisions.
Articles of Interest
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