Tyler Diers

Director, Legislative Relations

February 18, 2019

Good morning Tech Council members!  

The legislative floodgates have officially opened.  Below is a list of proposals that have been filed since last week's newsletter.  There is a lot here to digest.  I'll take the week to meet with sponsors to gauge their intentions.  If you have any concerns with any of the below proposals or are supportive of any of these bills, please reach let me know.   

Data Regulation
HB 3051 (Ammons) creates the App Privacy Protection Act. Requires an entity that owns, controls, or operates a web site, online service, or software application to identify in its customer agreements or applicable terms whether third parties collect electronic information directly from the digital devices of individuals in Illinois who use or visit its web site, online service, or software application. Requires the disclosure of the names of those third parties and the categories of information collected.

SB 2149 (Hastings) and HB 2736 (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.

HB 2784 (Williams) amends the Personal Information Protection Act. Provides that "consumer marketing information" means information related to a consumer's online browsing history, online search history, or purchasing history, including, but not limited to, consumer profiles that are based upon the information. Provides that "geolocation information" means information that is (i) generated or derived from the operation or use of an electronic communications device, (ii) stored and sufficient to identify the street name and the name of the city or town in which an individual is located, and (iii) likely to enable someone to determine an individual's regular pattern of behavior. Provides that "geolocation information" does not include the contents of an electronic communication. Provides that "medical information" includes genetic information. Provides that "personal information" means an individual's first name or first initial and last name and email address. Adds geolocation information, consumer marketing information, and audio recordings to the list of data elements included in the definition of "personal information".

HB 2871 (Villanueva) creates the Data Broker Registration Act. Requires a data broker to annually register with the Secretary of State. Defines "data broker" as a business or unit of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship. Provides registration requirements, the duties a data broker has to protect personally identifiable information, and the requirements for an information security program.

HB 2785 (Williams) creates the Geolocation Privacy Protection Act. Defines "geolocation information", "location-based application", "private entity", and "user". Provides that a private entity may not collect, use, store, or disclose geolocation information from a location-based application on a user's device unless the private entity first receives the person's affirmative express consent after complying with specified notice requirements. Provides exceptions. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the provisions of the Act may not be waived.

HB 3200 (Pappas) amends the Personal Information Protection Act. Provides that if there is a breach of the security of system data, a data collector must notify the Attorney General in addition to the Illinois resident to whom the breach relates. Requires the notice to be provided no later than 5 days after the breach.

SB 1624 (Glowiak) Amends the Personal Information Protection Act. Provides that a data collector required to report breaches to more than 100 Illinois residents as a result of a single breach must also report to the Attorney General. Provides that the Attorney General shall report to the General Assembly specified information concerning breaches of data security by February 1 of each year.

HB 3024 (Connor) amends the Biometric Information Privacy Act to include electrocardiography resulting from a wearable device.

SB 2134 (Barickman) amends the Biometric Information Privacy Act. Deletes language creating a private right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department alleging a violation, within one year from the date of the violation, by submitting a signed, completed complaint form. Provides that any violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act and may be enforced by the Attorney General. This is a Chamber initiative.

HB 3130 (Skillicorn) amends the Genetic Information Privacy Act. Includes direct-to-consumer commercial genetic testing in the definition of "genetic testing".

HB 3357 (Turner) creates the Data Privacy Act but does not include any language, yet.

HB 3606 (Martwick) and SB 2089 (Aquino) creates the Student Online Personal Protection Act of 2019.

Data Analytics
HB 2991 (Andrade) and HB 3415 (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 of zip code of the applicant for credit or employment.

Autonomous Vehicles / Transportation Technology
HB 2575 (Zalewski) creates the Autonomous Vehicle Act. Provides that a fully autonomous vehicle may drive or operate upon the highways of this State, regardless of whether a human operator is physically present in the vehicle. Provides that when engaged, the automated driving system shall be considered the driver or operator for purposes of assessing conformance to applicable traffic or motor vehicle laws and shall be deemed to satisfy any physical acts required of a driver or operator. Provides that liability for incidents involving a fully autonomous vehicle shall be determined under existing product liability law or common law negligence principles.

HB 2336 (Hoffman) creates the digital license plate program.

HB 3430 (Bucker) allows for drivers to drive a motor vehicle with a digitized driver's license.

HB 3366 (Weber) amends the Freedom from Drone Surveillance Act. Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using the drone for pilot practice or training of a law enforcement officer or airborne photography or video for community marketing purposes or flight demonstrations for the general public.

HB 3464 (Bristow) creates the offense of criminal trespass to a penal institution with an aircraft or unmanned aerial vehicle.

SB 2088 (Fine) and HB 2026 (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 original equipment manufacturers to make available for purchase by owners and independent repair providers all diagnostic repair tools incorporating the same diagnostic, repair, and remote communications capabilities that the original equipment manufacturer makes available to its own repair or engineering staff or an authorized repair provider.

SB 1719 (Castro) creates the Keep Internet Devices Safe Act. Includes a statement of legislative intent and defines terms. Provides that no private entity may turn on or enable, cause to be turned on or enabled, or otherwise use a digital device's microphone to listen for or collect information, including spoken words or other audible or inaudible sounds, unless a user first agrees to a written policy meeting specified criteria. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning an Illinois resident shall implement and maintain reasonable security measures to protect such information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Adds provisions governing waiver, applicability, and exceptions.

Sharing Economy
HB 2919 (Zalewski) creates the Short-Term Rental Act. Provides that units of local government may not enact or enforce an ordinance, regulation, or plan that has the express or practical effect of prohibiting short-term rentals. Restricts the use of or regulation of short-term rentals based on their classification, use, or occupancy. Allows the regulation of short-term rentals to protect public health, safety, sanitation, traffic control, solid or hazardous waste control, pollution control, and other specified circumstances. Requires short-term rental platforms to apply, calculate, collect, and remit taxes imposed on the owner or occupant of a short-term rental.

HB 2540 (Harper) creates the Blockchain Business Development Act. Provides for the creation and regulation of personal information protection companies. Provides for the creation and regulation of blockchain-based limited liability companies as businesses that utilize blockchain technology for a material portion of their business activities. Provides for a public record blockchain study and report. Provides for a blockchain insurance and banking study and report.

HB 3575 (Wheeler) Creates the Blockchain Technology Act. Provides for the permitted uses of blockchain technology in transactions and proceedings. Provides limitations to the use of blockchain technology. Prohibits units of local government from implementing specified restrictions on the use of blockchain technology.

HB 3017 (Mason) creates the Veterans Cyber Academy Pilot Program Act. Provides that the Department of Veterans' Affairs shall establish and implement a pilot program to provide veterans residing in the State with access to cyber security training, certification, apprenticeships, and add itional resources to enter the cyber security field of work.

HB 2640 (Andrade) creates the Anti-Click Gambling Data Analytics Collection Act. Provides that no entity that operates a remote gambling platform or a subsidiary of the entity shall collect data from a participant with the intent to predict how the participant will gamble in a particular gambling or betting scenario.

HB 3661 (Welch) provides that Lotto, Lucky Day Lotto, Mega Millions, Powerball, Pick 3, Pick 4, and other draw games that are offered at retail locations may be offered by the Department of the Lottery through its Internet program.

HB 3492 (Ortiz) creates the Illinois Low Income Broadband Assistance Program. Requires the Department of Commerce and Economic Opportunity to establish an Illinois Low Income Broadband Assistance Program (Program) to ensure the availability and affordability of broadband service to low income families.

Economic Development
HB 3412 (Zalewski) and SB 1591 (Sims) Creates an exemption for qualified tangible personal property used in the construction or operation of a data center that has been granted a certificate of exemption by the Department of Revenue. This is a Chamber initiative.

HB 3706 (Walker) makes several changes to the angel investment credit.

HB 2336 (Hoffman) creates the digital license plate program.

SB 1759 (Stadelman) amends the Election Code. Provides that "electioneering communication" also means a digital communication and includes any communication that is placed or promoted on an online platform. Provides the requirements for an online platform.

HB 2565 (Stava-Murray) Amends the Illinois Freedom to Work Act. Expands the scope of the Act to apply to all employees (rather than only low-wage employees). Prohibits all covenants not to compete.

HB 2466 (Andrade) amends the Criminal Code. Exempts from an eavesdropping violation, with the consent of the owner or lessee of the dwelling in which it is installed, the use of a doorbell or intercommunication device that has audio or video capabilities, or both.

HB 3486 (Ortiz) creates the Electronic Proof of Purchase Act. Provides that on and after January 1, 2022, a proof of purchase for the retail sale of food, alcohol, or other tangible personal property or for the provision of services provided to a consumer by a business shall be provided only in electronic form, unless the consumer requests that the proof of purchase be provided in paper form.

HB 2825 (Zalewski) creates the regulatory sandbox to enable persons to obtain limited access to the Illinois marketplace in order to test innovations in financial products or services.

HB 2408 (Bourne) creates the Removal of Private Compromising Images Act. Provides that a person shall not post a private compromising image of another person online. Provides that a person may file a petition for a take-down order if the person discovers that a private compromising image of himself or herself is posted online.

SB 1608 (Sims) amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Repeals provisions establishing the Illinois Science and Technology Commission.

Chamber's Second Annual Women in Business Conference
The Illinois Chamber of Commerce is hosting its second Women in Business conference on March 15 th, 2019 at Pinstripes in Oak Brook, IL. The event will bring together business leaders from across the State to encourage women to invest in themselves, become courageous leaders, and be a force in their careers.
Our panel topics this year focus on practices to better diversify corporations and understanding why diversity brings more business success; individual communication tactics to send a message of confidence; and learning from proven influencers on the skills that can help you get to where you want to be professionally. These panels will be capped with keynote addresses by inspiring speakers to embolden attendees to blaze their own path. The event will end with a networking and social event.
For more information, the agenda, sponsorship information, and how to register,  visit the conference website!

Play, Relax, and Network with your Peers!
Join your fellow Chicagoland IT professionals, C3, and Mitel for an evening of old-fashioned competitive fun! Unwind after a long day at work and join our friends at C3 on March 7th from 4:30 - 7:00 at the Chicago Athletic Association  - Game Room to network with peers, enjoy great food and drinks, play some classic games, and learn how to simplify your business communications.   Click here to register.

Executive's Club - Business Technology
On Feb. 26, the Executives Club of Chicago is holding a Business Technology Forum.  The event centers on disruptive technology and its impact on business.  The Club is offering comped tickets to Chamber members (usually $50 for non-members).  For an agenda and list of panelists including reps from AWS and the Chicago Bears, click  here


Con nect with the Chamber

© Illinois Chamber of Commerce

Not a member and want to learn more about the Illinois Chamber click here to contact Jeanette Anderson