Broadband Bill: HB 2384 House Bill 2384 replaces provisions relating to the Universal Telephone Service Assistance Program with provisions that require the Illinois Commerce Commission to establish a Universal Broadband Service Assistance Program for low-income residential customers. The legislation provides that the Program shall provide for a reduction of monthly charges, a reduction of installation charges, devices used in connection to the Internet, or any other alternative assistance or program to increase accessibility to broadband service and broadband Internet access service that the Commission deems advisable subject to the availability of funds for the program. The legislation requires the ICC to establish by rule or regulation that each telecommunications carrier, wireless carrier, and Interconnected VoIP service provider solicit its customers to participate in the program by voluntarily contributing a fixed amount to the program monthly. The legislation creates a similar program for low-income residential customers of cable and video service providers. The legislation establishes an administrative entity that includes telecommunications carriers, wireless carriers, Interconnected VoIP providers, cable and video providers, the Attorney General, and consumers groups, such that the entity is balanced between service providers and consumer groups. The bill also extends the repeal of the Telecommunications and Cable and Video Competition Acts from December 31, 2021 to December 31, 2022. Bill: SB 1557 Senate Bill 1557 replaces provisions relating to the Universal Telephone Service Assistance Program with provisions that require the Illinois Commerce Commission to establish a Universal Broadband Service Assistance Program for low-income residential customers. The legislation provides that the Program shall provide for a reduction of monthly charges, a reduction of installation charges, devices used in connection to the Internet, or any other alternative assistance or program to increase accessibility to broadband service and broadband Internet access service that the Commission deems advisable subject to the availability of funds for the program. The legislation requires the ICC to establish by rule or regulation that each telecommunications carrier, wireless carrier, and Interconnected VoIP service provider solicit its customers to participate in the program by voluntarily contributing a fixed amount to the program monthly. The legislation creates a similar program for low-income residential customers of cable and video service providers. The legislation establishes an administrative entity that includes telecommunications carriers, wireless carriers, Interconnected VoIP providers, cable and video providers, the Attorney General, and consumers groups, such that the entity is balanced between service providers and consumer groups. The bill also extends the repeal of the Telecommunications and Cable and Video Competition Acts from December 31, 2021 to December 31, 2022. Bill: SB 1564 Senate Bill 1564 prohibits a holder of a state-issued video authorization from imposing data caps on broadband service provided to households. Bill: HB 3275 House Bill 3275 creates the Illinois Low Income Broadband Assistance Program. It requires the Department of Commerce and Economic Opportunity to establish an Illinois Low Income Broadband Assistance Program in coordination with Local Administrative Agencies to determine eligibility for the Program, provided that eligible income shall be no more than 150% of the federal poverty level.
Bill: HB 2913 House Bill 2913 creates a tax credit for the cost of equipment and materials used in the business of providing broadband services in a county in the State with a population of fewer than 40,000 people or a township in the State with a population density of less than 50 households per square mile in a county with a population of less than 300,000 people. The credit applies to equipment and materials used to provide wireline or wireless broadband service of at least 25 megabits per second download and 3 megabits per second upload speed. The credit does not apply to equipment and materials placed in service after December 31, 2026. The legislation also amends the state procurement code to provide that the Code does not apply to the leasing of State-owned facilities by a wireless carrier. Bill: SB 2247 Senate Bill 2247 creates a tax credit for the cost of equipment and materials used in the business of providing broadband services in a county in the State with a population of fewer than 40,000 people or a township in the State with a population density of less than 50 households per square mile in a county with a population of less than 300,000 people. The credit applies to equipment and materials used to provide wireline or wireless broadband service of at least 25 megabits per second download and 3 megabits per second upload speed. The credit does not apply to equipment and materials placed in service after December 31, 2026. The legislation also amends the state procurement code to provide that the Code does not apply to the leasing of State-owned facilities by a wireless carrier. Bill: SB 2229 Senate Bill 2229 creates a tax credit for the cost of equipment and materials used in the business of providing broadband services in Illinois. The credit applies to equipment and materials used to provide wireline or wireless broadband service of at least 10 megabits per second download and 1 megabit per second upload speed. The credit does not apply to equipment and materials placed in service after December 31, 2024. The legislation also amends the state procurement code to provide that the Code does not apply to the leasing of State-owned facilities by a wireless carrier. Telecom Bill: SB 2280 Senate Bill 2280 extends the sunset date of the Telecommunications Act and the Cable and Video Competition Law from December 31, 2021 to December 31, 2026. It further provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). The legislation amends the Telecommunications Act to provide for a process for a Small Electing Provider to cease offering or providing a telecommunications service. The bill defines a Small Electing provider as an incumbent local exchange carrier that is an electing provider, and that, together with all of its incumbent local exchange carrier affiliates offering telecommunications services within the State of Illinois, has fewer than 40,000 subscriber access lines as of January 1, 2020.
Bill: HB 2380 House Bill extends the sunset date of the Telecommunications Act and the Cable and Video Competition Law from December 31, 2021 to December 31, 2026. It further provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). The legislation makes no further changes to the Acts.
Bill: SB 486 Senate Bill 486 extends the sunset date of the Telecommunications Act and the Cable and Video Competition Law from December 31, 2021 to December 31, 2026. It further provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). The legislation makes no further changes to the Acts.
Bill: HB 1759 House Bill 1759 creates the offense of criminal damage to property for a person who intentionally damages, destroys or tampers with equipment in a critical infrastructure facility. The definition of critical infrastructure includes: a telecommunications central switching office; and a wireless telecommunications infrastructure, including cell towers, telephone poles and lines, including fiber-optic lines. The legislation provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. The bill provides that a person may be liable in any civil action for damages to the owner of the critical infrastructure facility resulting from a violation. The legislation also establishes civil and criminal penalties for criminal trespass to a critical infrastructure facility and aggravated criminal trespass to a critical infrastructure facility. Bill: HB 98 House Bill 98 makes it unlawful to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information with the intent to deceive, defraud, mislead, harass, cause emotional distress, or wrongfully obtain anything of value. Bill: HB 122 House Bill 122 prohibits providers of telephone, cellular telephone, television, Internet, energy, medical alert system, or water services from imposing a fee for termination or early cancellation of a service contract in the event the customer has deceased before the end of the contract. Bill: HB 3271 House Bill 3271 makes it a crime to engage in telephonic solicitation of a person who is 65 years of age or older. Bill: SB 2225 Senate Bill 2225 provides that a person, business, or organization may not spoof a caller's information or otherwise misrepresent the origin of a telemarketing call unless the person, business, or organization has the right to use the name and phone number displayed. Requires telephone solicitations placed in a manner other than by a live operator to immediately disclose their identity and the purpose of the call and prompt the recipient of the call to consent to the solicitation. Wireless Bill: HB 2379 House Bill 2379 extends the sunset date of the Small Wireless Facilities Deployment Act from June 1, 2021 to Dec. 31, 2026. The legislation makes no further changes to the Act. Bill: SB 1731 House Bill 2379 extends the sunset date of the Small Wireless Facilities Deployment Act from June 1, 2021 to Dec. 31, 2026. The legislation makes no further changes to the Act. Bill: HB 2439 House Bill 2439 amends the Small Wireless Facilities Deployment Act. The legislation provides:
Bill: SB 222 Senate Bill 222 amends the Small Wireless Facilities Deployment Act. The legislation provides:
Bill: SB 41 Senate Bill 41 attempts to add additional local regulations to the permitting and installation of facilities that are critical to 5G networks. The legislation provides that a wireless carrier may be required to provide the following additional information when seeking a permit to collocate small wireless facilities:
The legislation further adds regulatory burdens on providers of 5G networks by:
Bill: HB 2561 House Bill 2563 amends the Small Wireless Facilities Deployment Act to allow an authority to require an applicant or site developer to provide probative evidence in the form of hard data recorded during a drive test performed by an independent radio-frequency engineer selected by the authority to support gap-in-coverage claims to establish (i) the existence of a real gap in the specific carrier's wireless coverage, (ii) the location of the gap, and (iii) the geographical boundaries of the gap. Bill: HB 2562 House Bill 2562 attempts to add additional local regulations to the permitting and installation of facilities that are critical to 5G networks. The legislation provides that a wireless carrier may be required to provide the following additional information when seeking a permit to collocate small wireless facilities:
The legislation further adds regulatory burdens on providers of 5G networks by:
Bill: HB 2563 House Bill 2563 creates the Local Control, Protection, and Empowering Law in the Small Wireless Facilities Deployment Act. The legislation 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. It 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. 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. The bill establishes a hearing shall not interfere with the requirement that an authority approve or deny an application within specified timeframes. Bill: HB 2564 House Bill 2564 attempts to add additional local regulations to the permitting and installation of facilities that are critical to 5G networks. The legislation provides that a wireless carrier may be required to provide the following additional information when seeking a permit to collocate small wireless facilities:
The legislation further adds regulatory burdens on providers of 5G networks by:
Bill: HB 2565 House Bill 2565 amends the Small Wireless Facilities Deployment Act. It adds a definition for "source of radio frequency emissions" The bill allows the IEPA or local authority to deny a permit for a small wireless facility if a provider has failed to provide sufficient evidence that an increase in radio frequency emissions is needed. Video House Bill 841 provides that cable or video providers shall cease charging customers for modems and routers, whether rented together or separately, when the customer has paid to the provider the wholesale cost of the modem or router, or modem and router if rented together, plus a reasonable mark-up not to exceed 5% of the modem, router, or modem and router wholesale cost to the provider. Bill: SB 513 Senate Bill 513 provides that cable or video providers shall cease charging customers for modems and routers, whether rented together or separately, when the customer has paid to the provider the wholesale cost of the modem or router, or modem and router if rented together, plus a reasonable mark-up not to exceed 5% of the modem, router, or modem and router wholesale cost to the provider. Bill: HB 3653 House Bill 3653 provides that if, due to a contract dispute, a cable or video provider will not be providing a customer or subscriber with a channel for which the customer or subscriber has been or will be billed, the cable or video provider shall, within 10 days after the cable or video provider knows that the contract dispute will result in the loss of the channel, provide each affected customer or subscriber with notice that the channel will not be provided due to a contract dispute.
9-1-1 Bill: HB 3702 House Bill 3702 is a rewrite of the Emergency Telephone System Act governing 9-1-1 services. The bill extends the repeal of the Act from December 31, 2021 to December 31, 2023. It updates a number of definitions in preparation of Next Generation 9-1-1 services and based on the implementation of the consolidation requirements in the current Act. The legislation requires that within 18 months of the awarding of a contract under the Public Utilities Act to establish a statewide next generation 9-1-1 network (rather than by December 31, 2021), every 9-1-1 system in Illinois shall provide next generation 9-1-1 service. The bill also makes minor changes to the composition of the 9-1-1 Advisory Board and establishes training, certification, and continuing education for emergency dispatchers. Bill: HB 42 House Bill 42 establishes that in the absence of an appropriation for any State fiscal year, moneys that are required to be distributed to the Statewide 9-1-1 Fund are subject to a continuing appropriation. Bill: HB 1970 House Bill 1970 would exempt Stark County from the PSAP consolidation requirements in statute. Stark County is the only county in Illinois that does not currently have enhanced 9-1-1 service. Efforts continue to find a neighboring county or authority for Stark County to partner with to consolidate 9-1-1 services. Bill: HB 2873 House Bill 2873 would modify the definition of “local government” to include a Public Safety Answering Point, 9-1-1 network, 9-1-1 system, or 9-1-1 authority, or any other type of local public safety entity for the purposes of receiving funds under the Local CURE program for COVID-19 relief. Bill: HB 3198 House Bill requires the Office of the Statewide 9-1-1 Administrator to develop comprehensive guidelines and adopt rules and standards for the handling of suicide calls by Public Safety Answering Point telecommunicators. Bill: SB 2530 Senate Bill 2530 provides that upon request of a law enforcement agency or a public safety answering point on behalf of a law enforcement agency, a wireless service provider shall provide call location information concerning the telecommunications device of a user to the requesting law enforcement agency or public safety answering point. A law enforcement agency or public safety answering point may not request information under this provision unless for the purposes of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm. A wireless service provider may establish protocols by which the carrier voluntarily discloses call location information. A claim for relief may not be brought in a court against a wireless service provider or any other person for providing call location information if acting in good faith. Requires the Illinois State Police to obtain contact information from all wireless service providers authorized to do business in the State to facilitate a request from a law enforcement agency or a public safety answering point on behalf of a law enforcement agency for call location information.
Data Privacy/Data Breach Bill: HB 3412 House Bill 3412 requires a data collector to notify the Attorney General, in addition to the Illinois resident within 5 days of a security breach of system data. Bill: SB 2353 Senate Bill 2353 provides that data collectors that maintain or store, but do not own or license, computerized data that includes personal information and that are required to issue notice pursuant to this Section to the owner or licensee of the information that there has been a breach of the security of the data shall also notify the Attorney General regarding the breach. Bill: HB 2404 House Bill 2404 creates the Right to Know Act. The legislation requires 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 to disclose all categories of personal information collected and the names of the third parties that received the personal information within 30 days of a request. Nothing in this Act shall be deemed to apply to the activities of an individual or entity to the extent that those activities are subject to Section 222 or 631 of the federal Communications Act of 1934. Bill: HB 3453 House Bill 3453 creates the Geolocation Privacy Protection Act. The legislation provides that a private entity that owns, operates, or controls a location-based application on a user's device may not disclose geolocation information from a location-based application to a third party unless the private entity first receives the user's affirmative express consent after providing clear and accurate notice that informs the user:
The bill provides enforcement authority to the Attorney under the Consumer Fraud and Deceptive Business Practices Act. There shall be no private right of action to enforce a violation under the Act. The bill provides that the Act does not modify, limit, or supersede the operation of any other Illinois law or prevent a party from otherwise seeking relief under the Code of Civil Procedure. Bill: HB 3536 House Bill 3536 creates the Security of Connected Devices Act. The legislation 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. Bill: HB 3910 House Bill 3910 creates the Consumer Privacy Act:
Bill: SB 2080 Senate Bill 2081 provides that it is unlawful for a person who provides any smart service through a proprietary smart speaker to: (i) store or make a recording or transcript of any speech or sound captured by a smart speaker or to use any storage or recording or transcript of any voice interaction by a user with the voice-user interface, or (ii) transmit such a recording or transcript to a third party, for any purpose, without obtaining express informed consent and permitting the user to require the deletion of any recording, transcript, or sound recorded by the speaker at any time. The bill provides that it is unlawful for a person who provides any security monitoring or other service through a proprietary video doorbell to: (i) store or make a recording of any video, image, or audio captured by the video doorbell's camera, or (ii) use any storage recording of any video, image, or audio captured by the video doorbell's camera, or transmit such a recording to a third party. Provides exemptions. Provides that, if the Attorney General or a State's Attorney has reason to believe that any person has violated or is violating the Act, he or she may, in addition to any authority he or she may have to bring an action in State court under consumer protection law, bring a civil action in any court of competent jurisdiction to enjoin further violation by the defendant, enforce compliance with the Act, or obtain civil penalties not to exceed $40,000 per violation. Bill: SB 2081 Senate Bill 2081 creates the Keep the Internet Devices Safe Act. The bill defines a "digital device" as an Internet-connected device that contains a microphone. The legislation provides that no private entity may turn on or enable a digital device's microphone unless the registered owner or person (instead of user of the device) configuring the device is provided certain notices in a consumer agreement (instead of a written policy). It further provides that a manufacturer of a digital device that does not cause to be turned on or otherwise use a digital device's microphone is not subject to the restrictions on the use of a digital device's microphone. The exclusive authority to enforce the Act is vested in the Attorney General. Bill: SB 2082 Senate Bill 2082 creates the Keep the Internet Devices Safe Act. The bill provides that a 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, if the private entity makes specified disclosures in its customer agreement or other incorporated addendum. 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 that information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Adds provisions governing waiver, applicability, and exceptions. Provides that a violation of the Keep Internet Devices Safe Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Bill: HB 559 House Bill 559 requires private entities in possession of biometric identifiers to make their policy available to the person from whom biometric information is to be collected or was collected. If within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. The legislation provides that if a private entity continues to violate the Act, the aggrieved person may initiate an action against the private entity and may pursue statutory damages for each breach. A prevailing party may recover against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages, whichever is greater); or against a private entity that willfully violates the Act, actual damages plus liquidated damages up to the amount of actual damages. Bill: HB 560 House Bill 560 deletes a provision regarding a right of action under the Biometric Information Privacy Act. It instead provides 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. The legislation further provides that an employee may file with the Department a violation by submitting a complaint within one year from the date of the violation. Any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General or appropriate State’s Attorney. Bill: HB 3112 House Bill 3112 amends the Biometric Information Privacy Act. It defines "actual harm" as a realized or actual identity theft, realized or actual loss, or a realized or actual injury. The legislation provides:
Bill: HB 1764 House Bill 1764 amends the Biometric Information Privacy Act. The bill changes the definition of "written release" to include electronic consents and releases and provides that the Attorney General has the sole authority to enforce this Act. Under the legislation, an action may be brought to enforce this Act only if a violation of this Act causes actual harm. The bill exempts an employer from the Act if the employer is using biometric identifiers and biometric information for specified purposes. Bill: HB 3304 House Bill 3304 repeals the Biometric Information Privacy Act. Bill: HB 3414 House Bill 3414 amends the Biometric Information Privacy Act. It deletes language allowing a prevailing party in an action to recover for each violation of the Act and provides that nothing in the Act shall be construed to apply to a licensed operator of a facility collecting, storing, or transmitting biometric information. The bill provides that all claims filed under the Act shall be filed within one year of the initial violation and provides that continuing violations of the Act, or violations of separate provisions of the Act, shall be considered the same occurrence and are subject to the one-year statute of limitations calculated from the date of the initial violation. Provides that an employee may waive any violation under the Act after an explanation of rights. Bill: SB 56 Senate Bill 56 requires private entities in possession of biometric identifiers to make their policy available to the person from whom biometric information is to be collected or was collected. If within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. The legislation provides that if a private entity continues to violate the Act, the aggrieved person may initiate an action against the private entity and may pursue statutory damages for each breach. A prevailing party may recover against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages, whichever is greater); or against a private entity that willfully violates the Act, actual damages plus liquidated damages up to the amount of actual damages. Bill: SB 602 Senate Bill 602 amends the Biometric Information Privacy Act. The bill 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. It 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. The bill states nothing in the Act shall be construed to: conflict with information captured by an alarm system installed by a licensed person; and apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier to a mathematical representation. The Department of Labor shall provide on its website information for employers regarding the requirements of the Act. Bill: SB 300 Senate Bill 300 amends the Biometric Information Privacy Act:
Bill: SB 1607 Senate Bill 1607 amends the Biometric Information Privacy Act. It changes the definition of "written release" to include electronic consent and electronic release. The bill provides that the Attorney General and State's Attorneys have the sole authority to enforce the Act. It provides that an action may be brought to enforce the Act only if a violation of the Act causes actual harm. Provides that an employer is exempt under the Act if the employer collects, captures, obtains, or otherwise uses biometric identifiers and biometric information for: (1) keeping record of an employee's work hours; (2) a security purpose; (3) facility access; or (4) use by the human resource department or human resource employees of the employer. Provides that an employer is exempt under the Act if the employer retains the biometric identifier or information no longer than is reasonably necessary to satisfy a security purpose. Bill: SB 2039 Senate Bill 2039 repeals the Biometric Information Privacy Act. Cybersecurity, Procurement and Other Issues Bill: HB 3523 House Bill 3523 amends the Illinois Emergency management Agency Act to include “Cyber Attack” to the list of events and disasters to which the Governor, to the greatest extent practicable, may delegate or assign command authority to the Director of IEMA by orders issued at the time of a disaster. Bill: HB 3966 House Bill 3966 updates the Department of Innovation and Technology Act. DoIT was established by Executive Order 2016-001 and this act provides for the implementation of the EO. The amendments to the act in HB 3966 expand the powers and duties of DoIT, particularly regarding the procurement of IT for state agencies:
Bill: SB 2175 Senate Bill 2175 updates the Department of Innovation and Technology Act. DoIT was established by Executive Order 2016-001 and this act provides for the implementation of the EO. The amendments to the act in HB 3966 expand the powers and duties of DoIT, particularly regarding the procurement of IT for state agencies:
|