Clark Kaericher | Vice President, Government Affairs | 217-522-5512 ext. 296

February 14, 2020

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.
Happy Valentine's Day! The General Assembly was not in session this week but that doesn't mean they were not active. Far from it. Today was the bill introduction deadline and the bill drafters at the Legislative Reference Bureau must be exhausted. Over 1000 bills were introduced just in this past week. Rest assured, the Chamber is reviewing each of these bills to look out for your interests. We will highlight some of these bills below.  
Legislative Update
The House Cybersecurity, Data Analytics & IT Committee meets for the first time this year at 8 am on Thursday after previously canceling. HB 2736 (Buckner) is the sole bill posted. HB 2736 creates the "Right to Know Act". This legislation would forbid an operator of a website or online service from disclosing personal information about users of its website, or application, residing in Illinois unless in the customer agreement they are notified about: i) the personal information collected; ii) all categories of third-party persons or entities with whom the operator may disclose, and iii) proving a description of an Illinois' residents rights under this Act. All website or online service operators that disclose personal information to a third party must maintain an email address or toll-free phone number to inform any Illinois resident that asks what personal information that was shared about them and to whom it was shared. All inquiries must be answered within 30 days. Most worrisome is that it creates a private right of action for failure to comply. As we have seen with BIPA, this can be abused.   
There is no technology-related legislation posted in the Senate.  
A few other interesting bills have been filed. As always, I value and appreciate any feedback you have on these bills or others.  
SB 3299 (Fine)- Creates the Consumer Privacy Act. It provides that a consumer has the right to request that a business that collects the consumer's personal information disclose to that consumer the categories and specific pieces of personal information the business has collected. Requires a business to, at or before the point of collection, inform a consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Requires the business to provide notice when collecting additional categories of personal information or when using a consumer's personal information for additional purposes. Provides that a consumer has the right to request that a business delete any personal information about the consumer that the business has collected from the consumer, with some exceptions. Requires a business that collects or sells a consumer's personal information to make certain disclosures to the consumer upon receipt of a verifiable consumer request. Provides that a consumer has the right, at any time, to opt-out of the sale of his or her personal information to third parties. Prohibits a business from discriminating against a consumer who exercises any of the rights established under the Act by denying goods or services or charging the consumer different prices or rates for goods or services. Permits a business to provide financial incentives to a consumer that authorizes the sale of his or her personal information. Contains provisions concerning deadlines for processing a consumer's disclosure request; categories of personal information that must be disclosed; notice requirements; consumer information that is not subject to the Act's requirements; civil penalties for violations of the Act; and other matters. Amends the State Finance Act. Creates the Consumer Privacy Fund. Effective January 1, 2021. 
SB 3298 (Glowiak Hilton) - Amends the Small Wireless Facilities Deployment Act. Modifies the definition of "collocate" or "collocation" and adds a definition of "structure". Changes various references of "collocate" or "collocation" to "install" or "installation". Provides that an authority may require in a residential historic district that a small wireless facility be collocated on an existing utility pole or existing wireless support structure within 850 feet of the proposed installation or, if no such existing wireless support structure, the authority may reject the application. Effective immediately. 
HB 4653 (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 4658 (Mazzochi) - Amends the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual may reasonably expect to suffer actual harm (rather than only suffer harm) from the intentional dissemination or threatened dissemination of a private sexual image. Provides that any interactive computer service that disseminates or threatens to disseminate content provided by another person that constitutes a private sexual image is prohibited. Provides that an individual depicted in a private sexual image has an individual interest or in determining the right to license, sell, transmit, profit, or otherwise set terms to permit or exclude access to the private sexual image. Provides that if an interactive computer service fails to remove a private sexual image at the request of an individual who holds an intellectual property image right to the private sexual image, the interactive computer service is subject to appropriate remedies or at least $1,000 per day for each day that the request to remove the private sexual image is not honored, whichever is greater. Provides additional liability exceptions. Provides that the statutory damages a plaintiff may recover shall be at least $500 per occurrence (rather than shall not exceed $10,000). Provides that the voluntary removal of private sexual images or the failure to proceed on a threatened dissemination of private sexual images shall reduce the statutory damages by 50%. Provides that the punitive damages a plaintiff may recover shall be for extraordinary, willful, and wanton behavior, litigation misconduct during enforcement proceedings, or both 
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Articles of Interest  

Until next week,  

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