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Well, today’s scheduled adjournment date will not be met. I don’t anticipate a late night tonight. Expect lawmakers to return next week to finish up. Remaining items include the budget, both revenue and procurement omnibus bills, and…
Possible BIPA Bill Emerging at Last Minute
There is discussion about a last-minute push to reform BIPA. The rumored language would provide a damage cap at a per person amount around $1500. This would apply to all cases still pending.
While this is far from everything we’ve asked for, as it omits several key innovation and security provisions, this would represent a life raft for hundreds of companies facing bankruptcy.
Keep an eye out for a Senate amendment. I’ll send along language once/if something is filed.
Floor Votes
HB 2123, Deep Fakes passed the House on concurrence 113-0-0. This bill changes the definition of "sexual image" to also mean a photograph, film, videotape, digital recording, or other similar medium that falsely appears to show the fully unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female post-pubescent nipple, partially or fully exposed, of a depicted individual or a depicted individual engaging in or being subjected to sexual conduct or activity. This bill gives a depicted individual of an intentionally digitally altered sexual image a cause of action against a person disseminating or threatening to disseminate the sexual image. Removes language providing that nothing in the Act shall be construed to impose liability on an interactive computer service for content provided by another person.
Note: The underlined provision clearly has federal Section 230 problems and would very likely not be enforceable as a result. We’ve been told to look for trailer language in the fall.
HB 2231, TNC/Common Carrier-Opposed passed the House on concurrence 74-38-0. This bill, as amended, extends the Act's repeal date from September 1, 2023 to September 1, 2028. Provides that a provision which specifies that TNCs and TNC drivers are not common carriers, contract carriers, or motor carriers and do not provide taxicab or for-hire vehicle service becomes inoperative January 1, 2024.
HB 3233, DREAM Fund – Neutral after the Chamber and others negotiated an amendment. This passed the House on concurrence 98-16. This bill provides that the Illinois Dream Fund Commission shall develop a comprehensive program, including creation of informational materials and a marketing plan, to educate people in the State of Illinois about the purpose and benefits of contributions made to the Illinois DREAM Fund. Provides that the Illinois DREAM Fund Commission shall develop specific marketing materials for voluntary use by persons licensed pursuant to the Transmitters of Money Act. Money transmitters may offer every customer who transmits money internationally the option to make a voluntary donation to the Illinois DREAM Fund. Provides that licensees may present customers with the option to donate to the Illinois DREAM Fund before the customer completes the transaction. The amount of the donation shall be no less than $1 per transaction.
HB 3563, DOIT-AI Task Force-Support passed the House on concurrence 113-0-0. This bill provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force investigate and provide a report on generative artificial intelligence software and natural language processing software. Sets forth the members to serve on the Task Force. Provides that the Task Force shall provide a report by December 31, 2024.
SB 1782, Child Vloggers passed the House 98-17-0. This bill, as amended, sets forth certain information a vlogger is required to annually report to the Department of Labor, including, but not limited to: (i) the name and documentary proof of the age of the minor engaged in the work of vlogging; (ii) the number of vlogs that generated compensation during the reporting period; and (iii) the total number of minutes each minor was featured in vlogs during the reporting period. Provides that the minor may commence a civil action if a vlogger fails to report the required information. Provides that if a vlogger knowingly or recklessly violates certain provisions that require a vlogger to set aside a minor's earnings from video content in an established trust account, the minor may commence an action to enforce those provisions and, if the minor prevails, the court may award the minor actual damages, punitive damages, and the costs of the action. Provides that the definition of "vlogger" does not include any person under the age of 16 who produces his or her own vlogs. Related: Illinois lawmakers mull first-in-nation protections for child social media stars
New Hire Directory to Include Independent Contractors
HB 3301 adds to the definition of "employee": "an individual under an independent contractor arrangement". The change is being made to Section 1801.1. Directory of New Hires under the Unemployment Insurance Act. Section 1801.1 requires employers to file with the Illinois Department of Employment Secuity (IDES) a report within 20 days after the date the employer hires a new employee or, in the case of an employer transmitting reports magnetically or electronically, by 2 monthly transmissions not less than 12 days nor more than 16 days apart.
Likely to be signed by the Governor, it has a January 1, 2024 effective date. More information on the new hire reporting requirements can be found at the IDES website: New Hire Reporting (illinois.gov)
ICYMI: New IL Chamber BIPA Brief Accepted by IL Supreme Courts
This week the Illinois Supreme Court accepted the Illinois Chamber of Commerce’s amicus brief in the case of Mosby v. Ingalls Memorial Hospital and Mazya v. Northwestern Lake Forest Hospital.
In this case, the Supreme Court is being asked to interpret the “health care exclusion” to BIPA liability. This exclusion, obviously, becoming much more important after the “annihilative liability” authorized in White Castle. The appellate court ruled that this exception is limited to patient information which unjustly exposes our healthcare providers to this “annihilative liability”. Instead, we argue that the legislature wished to exclude “all information collected, used, or stored for health care treatment, payment or operations” regardless of whether that information is collected from a patient or an employee. Secondary to our concern about liability, is that the appellate court’s interpretation would discourage health care providers from complying with HIPAA by using biometric identifiers to safeguard private health care information in their daily operations.
You can read our full brief HERE.
Rulemaking
No new proposed rulemaking of note.
Articles of Interest
The New EV Gold-Rush: Automakers Scramble to Get Into Mining
Amazon Overhauls Delivery Network to Dispatch Packages Faster, More Cheaply
Ford Revives Hydrogen Interest
Daily Herald Suburban Business honors 2023 Best Places to Work in Illinois winners
KPMG Canada and MindBridge partner on AI-powered audits
Google, IBM validate U of C's quantum ambitions
How Meta Uses Netflix-Style Videos to Get Engineers Thinking About Compliance
Don’t Forget to Register for the Women in Business Conference
June 21, 2023
8:30 am – 2:30 pm
NIU Center | 1120 E. Diehl Road Naperville, IL 60563
The Illinois Chamber welcomes you to our women's conference as we come together to discuss and further dreams of our already strong women for a stronger Illinois. This year's theme is "Celebrate Success." The robust agenda will provide time for networking and connecting with professionals, and topics providing takeaways for all to take back to the office or home. Sponsorships now available, more information here.
Registration Link: Women in Business Conference (constantcontact.com)
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