In a year where it shouldn’t be possible to be surprised anymore, was anyone else shocked that Post Malone is a better country singer than most of what’s coming out of Nashville these days? If you don’t know what I’m talking about, Post Malone played with Dwight Yoakam’s band in a charity concert organized by Matthew McConaughey and he totally stole the show. If you haven’t heard it, Google it and we’ll be here when you get back. A country artist with face tattoos, who knew?
Committee Updates
House Cybersecurity, Data Analytics & IT Committee met this morning. The big news was the debate on HB 3412 (Yang-Rohr) which would require companies to report a data breach within 5 days of its occurrence. Current law was negotiated just a couple of years ago. It says companies must report a breach within the most expedient time possible with the recognition that no two breaches are the same. It imposes a reasonableness standard for notification. This new 5 day provision sets companies up for failure as many breaches are not detected within 5 days of occurrence. The sponsor offered to amend this to 30 days but ultimately decided to pull the bill from the record for lack of support. The Illinois Chamber opposed this legislation as unnecessary and unworkable.
The other bill heard in committee was the Chair’s legislation, HB 3536. It requires manufacturers of connected devices to equip the device with security features that are designed to protect the device and any information the device contains from unauthorized access, destruction, use, modification, or disclosure. The bill passed out of committee with a sole “No” vote from Rep. Caulkins after a promise to work on the language so that it would evolve as standards are updated.
Small Wireless Facility Update
HB 2379 (Walsh) is a clean 5-year extension of the Small Wireless Facilities Deployment Act. The act sunsets on June 1st of this year without an extension. We have highlighted several problematic changes proposed in various bills this year. This bill, however, should allow for continued 5G investment in Illinois. Illinois Chamber President Todd Maisch testified this week in support of this bill in the House Public Utilities Committee. The bill advanced out of committee on a vote of 20-0-0.
BIPA Update- HB 3697
HB 3697 (Hoffman) dictates that the Workers’ Compensation system does not preempt the Biometric Information Protection Act (BIPA). It attempts to interrupt a case pending before the Illinois Supreme Court. BIPA plaintiffs want this made clear because workers’ compensation would preclude recovery in employment situations as no actual injuries ever occur in these cases. This bill passed out of the House Judiciary- Civil Committee late on Tuesday on a partisan roll call. The Illinois Chamber opposes this bill.
Representative Jones did not call his BIPA bill during committee. His bill, HB 3414, is supported by the Illinois Chamber.
Data Center Tax Incentive Upgrades- SB 2182
SB 2182 (Sims-McConchie) is a joint effort between the IL Chamber, the Chicagoland Chamber and McGuireWoods to improve the data center tax incentive passed in 2019. This legislation has the support of the Department of Commerce and Economic Opportunity. It passed the Senate Revenue Committee without opposition on an agreed bill list. Among other things, this would allow for “campus style” data centers, removes the specification for the qualifying employees duties (but leaves the salary requirements), and clarifies that tenants may benefit from the tax break.
New Amendment of Interest
Committee Amendment 1 to HB 2880 (Mazzochi) amends the Personal Information Protection Act. Provides that individuals and entities have intellectual property rights in their digital identity assets. Provides for the payment of royalties to individuals and entities for access, for the purpose of commercial advertising, to their digital assets. Authorizes civil actions for actual damages and statutory damages.
Several of you have reached out to me to express opposition to this bill. If you oppose this, but I haven’t heard from you yet, please let me know.
Articles of Interest
Until next time,
Clark
