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It’s Super Bowl Weekend. Sadly, for Illinois, the Bears won’t be playing but they’ll settle for a state-of-the-art stadium deal…
I’ve got the Eagles prevailing over the Chiefs.
Committee Updates
There were no tech related committees held this week. Next week the following has been posted:
House Judiciary Committee-Criminal: Tuesday 3pm
HB 1611 (Didech) - Requires the Department of Innovation and Technology to develop, manage, and make available to any law enforcement agency a digital repository for the collection, storage, retention, and retrieval of any officer-worn body camera recording collected by such an agency under the Law Enforcement Officer-Worn Body Camera Act.
House Judiciary Committee- Civil: Wednesday 9 am
HB 1230 (Jones, T.) – Healthcare exemption to BIPA.
While this isn’t the Chamber bill (see below for more) we are in support of anything that would improve the state’s broken BIPA law. I’ve spoken with the sponsor, and he intends to get this bill passed but, with anything BIPA, its going to be an uphill battle.
House Labor and Commerce: Wednesday 2 pm
HB 1122 (Guzzardi) – “Freelance Worker Protection Act”. Creates the Freelance Worker Protection Act. Provides that freelance workers must be compensated by hiring parties for their services in a timely manner. Provides that whenever a hiring party retains the services of a freelance worker, the contract between the hiring party and the freelance worker shall be reduced to writing. Provides that no hiring party shall threaten, intimidate, discipline, harass, deny a work opportunity to, or discriminate against a freelance worker, or take any other 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. Contains provisions concerning complaints to the Director of Labor; the powers and duties of the Director; civil actions brought by freelance workers; civil actions brought by the State; the scope of freelance worker contracts; a public awareness campaign; and surveys, information collection, and reporting requirements.
Feedback on this bill would be helpful. Thank you to those that have already reached out.
HB 1292 (Hoffman) All subcontractor purveyors of and subcontractor bidders for installation, repair, wiring, and maintenance services to Illinois lottery machines and equipment shall pay no less than the prevailing rate of wages for like work and services. Effective July 1, 2024.
We Have Our BIPA Bills
I don’t have to tell you that BIPA reform has been a major priority for the Chamber. While we’d love to see wholesale reform of the Act, unfortunately that is extremely unlikely to happen given this General Assembly.
However, there might be an opportunity for a few steps forward. Sen. President Pro Tempore Cunningham has filed the Chamber’s security exception language in SB 1511.
SB 1511 (Cunningham-Holmes) - Defines "security purpose" as the purpose of preventing retail theft, fraud, or any other misappropriation or theft of a thing of value, including protecting property from trespass, controlling access to property, protecting any person from harm, including stalking, violence, or harassment, and assisting a law enforcement investigation. Allows a private entity to collect, capture, or otherwise obtain a person's or customer's biometric identifier or biometric information without satisfying other specified requirements if: (1) the private entity collects, captures, or otherwise obtains a person's or customer's biometric identifier or biometric information for a security purpose; (2) the private entity uses the biometric identifier or biometric information only for a security purpose; (3) the private entity retains the biometric identifier or biometric information no longer than is reasonably necessary to satisfy a security purpose; and (4) the private entity documents a process and time frame to delete any biometric identifier or biometric information.
Representative Ugaste, Minority Spokesman of the House Judiciary Committee, has filed the identical language in the House with HB 2259.
The broader BIPA bills are SB 1506 (Cunningham) and HB 2252 (Ugaste). These bills are coalition language from last year with the IMA, Chicagoland and the IL Chamber. It’s the broader reform but is very unlikely to be enacted.
Changes the definitions of "biometric identifier" and "written release". Defines "biometric lock", "biometric time clock", "electronic signature", "in writing", and "security purpose". Provides that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection. Waives certain requirements for collecting, capturing, or otherwise obtaining a person's or a customer's biometric identifier or biometric information under certain circumstances relating to security purposes. Provides that nothing in the Act shall be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Requires the Department of Labor to provide information for employers regarding the requirements of the Act on its website. Amends the Workers' Compensation Act. Provides that nothing in the Act limits, prevents, or preempts a recovery by an employee under the Biometric Information Privacy Act. Effective immediately.
New Bills to Watch
Today at noon is the Senate bill filing deadline. That explains the numerous Senate Bills highlighted here.
HB 1631 (Didech) – Tech Education. The State Board of Education, subject to appropriation, shall establish a program that awards grants to eligible school districts to support computer science education professional development.
HB 2085 (Stava-Murray) – Drone Regulation. Provides that State-level oversight of unmanned aircraft systems does not deprive any unit of local government of the right to or impede any unit of local government in regulating the use of the first 150 feet above ground level of any public property intended or permitted to be used for recreational or conservation purposes.
HB 2123 (Gong-Gershowitz) – Creates Digital Forgeries Act. An individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (1) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (2) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (3) in order to incite violence or interfere with an official proceeding. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
HB 2206 (Moylan)- EV Charging. Provides that the Capital Development Board shall adopt rules requiring each newly constructed residential building in the State that includes a garage to have enough electric generating capacity in the garage to charge an electric vehicle.
HB 2231 (Gong-Gershowitz)- TNC Common Carriers. Removes the decade plus protection of TNCs (Uber, Lyft) to lawsuit under the common carrier doctrine. The Chamber opposes this legislation.
HB 2239 (Gonzalez)/ SB 1656 (Castro) – Creates the Internet Gaming Act. Authorizes an Internet gaming operator to offer Internet gaming in accordance with the provisions of the Act. Provides that Internet gaming shall only be offered by an Internet gaming license or an Internet management services provider that has contracted with an Internet gaming licensee. Provides that an internet gaming licensee shall offer no more than 3 individually branded Internet gaming skins. Provides that an Internet management services provider may conduct Internet gaming on its own Internet gaming platform pursuant to the agreement between the provider and an Internet gaming licensee and in accordance with the rules of the Board and the provisions of the Act. Includes provisions for: requirements of an Internet gaming platform; Internet waging accounts; license requirements; age verification, location, and responsible gaming; diversity goals in procurement and spending by Internet gaming licensees; acceptance of out-of-state wagers; and limitations on home rule units. Provides that a 15% privilege tax is imposed on Internet gaming to be deposited into the State Gaming Fund. Authorizes the adoption of emergency rules to implement the Act and makes conforming changes in the Illinois Administrative Procedure Act.
SB 328 (Glowiak Hilton) - Automatic Contract Renewals. Requires consumers to affirmatively consent to automatic renewal concerns.
SB 1239 (Rezin) – Crypto. Adds cryptocurrency miners to the data center incentives provided the meet all the requirements.
SB 1365 (Halpin)- Right to Know Act. Identical to the Buckner bill (HB 1381)
SB 1398 (Rezin) – Lithium-Ion Battery Disposal. A lithium-ion battery may not be disposed of in a mixed recycling waste bin. Requires the Environmental Protection Agency to encourage local authorities to use separate curbside recycling collection bins for the disposal of lithium-ion batteries.
SB 1403 (Fine) – 988 Task Force.
SB 1437 (Ventura) – Universal Broadband Act. Creates the Universal Broadband Act. Creates the Office of Broadband Access within the Department of Commerce and Economic Opportunity. Provides that the Office of Broadband Access shall oversee the construction, development, and operation of a Statewide retail broadband network to provide reliable broadband service to all areas of the State.
SB 1438 (Ventura) - Creates the Illinois Dig Once Act. Provides that the Department of Transportation, the Illinois State Toll Highway Authority, and the Department of Commerce and Economic Opportunity shall jointly develop a policy to reduce the scale and number of repeated excavations related to roads, highways, tollways, and expressways for the installation and maintenance of broadband infrastructure and public utilities in rights of way
SB 1471 (Turner, S.)- Autonomous Vehicles. Defines "autonomous vehicle" as a motor vehicle that possesses the capability (enabled or not) for automated functions to control movement of the vehicle along 2 axes of direction simultaneously. Provides that, before selling or continuing to operate a new or used autonomous vehicle in this State and before updating the software or hardware of any automated driving system on such a vehicle, a manufacturer shall submit to the Department of Transportation documentation regarding the level of driving automation, along with a filing fee in an amount to be determined by the Department. Provides that the Department shall assemble an Automated Driving Systems Review Committee to evaluate submitted documentation and make determinations concerning the level of automated driving capabilities and the suitability of the vehicle for operation on public roads. Provides that an autonomous vehicle classified as having Level 2 Driving Automation may be sold to consumers and registered for use. Provides that the owner of the automated vehicle shall file an annual report with the Department of Transportation stating the number of miles driven per year, the estimated number of miles driven using equipped automated driving systems, and any collisions that occurred involving the vehicle. Prohibits the sale or operation of autonomous vehicles classified as having Level 3, 4, or 5 Driving Automation. Provides that a resident may file a request for the Automated Driving Systems Review Committee to review an existing vehicle sold or registered in this State, and that the Secretary of State shall receive and investigate complaints of a dealer selling a vehicle prohibited for sale under the new provisions. Provides that a person who operates a prohibited vehicle is guilty of a Class A misdemeanor and that such a vehicle is subject to impoundment.
Finally, On a Lighter Note…
There was a lot this week, so I thought we needed to close with a palate cleanser.
My dog turned 11 this week. To her dismay, I told my daughters and the 3-year-old thought the occasion merited a tea party complete with princess costumes. The dog wasn’t amused but she was at least a good sport.
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