Broadband

Bill: HB 2384
Description: Universal Broadband Service Assistance Program (same as SB 1557)
Sponsor: Rep. Kambium Buckner

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
Description: Universal Broadband Service Assistance Program (same as HB 2384)
Sponsor: Sen. Celina Villanueva

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
Description: State Authorized Video Providers – No Broadband Data Caps
Sponsor:
Sen. Celina Villanueva

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
Description: Low Income Broadband Assistance Program
Sponsor:
Rep. Aaron Ortiz

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.

  • Provides that families whose annual household income is at or below 135% of the federal poverty level shall be eligible for free broadband service.
  • Provides that a credit of at least $9.95 a month for broadband services shall be payable monthly to: (i) families whose annual household income is above 135% of the federal poverty level but no greater than 150% of the federal poverty level; and (ii) families that include at least one adult person or dependent child who qualifies for or participates in the Supplemental Nutrition Assistance Program, the Supplemental Security Income program, Veterans Pension and Survivors Benefits Programs, and other specified assistance programs.
  • Provides that the $9.95 broadband service credit may be adjusted according to family size.
  • Provides that families who participate in the federal Lifeline program or any other State Internet service subsidy program shall not be eligible to participate in the Illinois Low Income Broadband Assistance Program.

Bill: HB 2913
Description: Broadband Investment Tax Credit (same as SB 2247)
Sponsor: Rep. Michael Halpin

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
Description: Broadband Investment Tax Credit (same as HB 2913)
Sponsor:
Assistant Majority Leader Dave Koehler

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
Description: Broadband Investment Tax Credit (same as HB 2913)
Sponsor: Sen. Doris Turner

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
Description: Telecommunications Act and Video Competition Law Sunset Extension/Small Electing Provider COLR Relief
Sponsor:
Deputy Majority Leader Emil Jones, III

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
Description: Telecommunications Act and Video Competition Law Sunset Extension
Sponsor:
Rep. Larry Walsh, Jr.

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
Description: Telecommunications Act and Video Competition Law Sunset Extension
Sponsor:
Assistant Majority Leader/President Pro Tempore Bill Cunningham

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
Description: Criminal Code – Critical Infrastructure
Sponsor:
Assistant Majority Leady Jay Hoffman

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
Description: Consumer Fraud – Fake Caller ID
Sponsor:
Rep. Jonathan Carroll

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
Description: Early Cancellation Fees – Death
Sponsor:
Rep. Daniel Didech

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
Description: No Telephonic Solicitation of Senior Citizens
Sponsor:
Assistant Majority Leader Natalie Manley

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
Description: Phone Solicitation Spoofing
Sponsor:
Se. Suzy Glowiak Hilton

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
Description: Small Wireless Facilities Deployment Act Sunset Extension
Sponsor:
Rep. Larry Walsh, Jr.

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
Description: Small Wireless Facilities Deployment Act Sunset Extension
Sponsor:
Deputy Majority Leader Emil Jones, III

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
Description: Small Wireless Facilities Regulation (same as SB 222)
Sponsor: Rep. Larry Walsh, Jr.

House Bill 2439 amends the Small Wireless Facilities Deployment Act. The legislation provides:

  • that an authority may require a wireless provider to include documentation and certification that the small wireless facility and location meets all FCC standards and regulations at the wireless provider's sole cost and expense.
  • that an authority may require (currently, propose) that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 (currently, 100) feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure does not impose technical limits or additional significant costs (currently, additional material costs as determined by the applicant).
  • that an authority may require a wireless provider to comply with generally applicable standards, including acoustic regulations.
  • that a municipality may require that a small wireless facility be collocated on any existing utility pole within its public rights-of-way and the entity owning the utility pole shall provide access for that purpose. Provides that any fee charged for the use of a utility pole under the Section shall be at the lowest rate charged by the entity owning the utility pole and shall not exceed the entity's actual costs.

 

Bill: SB 222
Description: Small Wireless Facilities Regulation (same as HB 2439)
Sponsor: Sen. Cristina Castro
Status: Senate Assignments Committee
Position: Neutral

Senate Bill 222 amends the Small Wireless Facilities Deployment Act. The legislation provides:

  • that an authority may require a wireless provider to include documentation and certification that the small wireless facility and location meets all FCC standards and regulations at the wireless provider's sole cost and expense.
  • that an authority may require (currently, propose) that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 (currently, 100) feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions and the alternate location and structure does not impose technical limits or additional significant costs (currently, additional material costs as determined by the applicant).
  • that an authority may require a wireless provider to comply with generally applicable standards, including acoustic regulations.
  • that a municipality may require that a small wireless facility be collocated on any existing utility pole within its public rights-of-way and the entity owning the utility pole shall provide access for that purpose. Provides that any fee charged for the use of a utility pole under the Section shall be at the lowest rate charged by the entity owning the utility pole and shall not exceed the entity's actual costs.

Bill: SB 41
Description: Small Wireless Facility Regulation (Same as HB 2562)
Sponsor: Sen. Suzy Glowiak Hilton

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:

  • A written affidavit signed by a radio frequency engineer with specified certifications.
  • A written report that analyzes acoustic levels for the small wireless facility and all associated equipment
  • Information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act
  • A certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances.

The legislation further adds regulatory burdens on providers of 5G networks by:

  • Allowing a local government or authority to propose the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation.
  • Allowing a local government or authority to require an application, approval, permit and fees or other charges from a communications service provider already authorized to occupy the rights-of-way for the replacement of wireless facilities with facilities that are substantially similar.
  • Allowing a local government or authority to require providers to place above-ground small wireless facilities and associated equipment underground, and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities.
  • Requiring wireless providers to perform ongoing monitoring and reporting of small wireless facilities for compliance with FCC radio frequency emission limits.

Bill: HB 2561
Description: Small Wireless Facilities – Public Hearings
Sponsor:
Assistant Republican Leader Deanne Mazzochi

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
Description: Small Wireless Facility Regulation (Same as HB 2564, SB 41)
Sponsor: Assistant Republican Leader Deanne Mazzochi

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:

  • A written affidavit signed by a radio frequency engineer with specified certifications
  • A written report that analyzes acoustic levels for the small wireless facility and all associated equipment
  • Information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act
  • A certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances

 The legislation further adds regulatory burdens on providers of 5G networks by:

  • Allowing a local government or authority to propose the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation.
  • Allowing a local government or authority to require an application, approval, permit and fees or other charges from a communications service provider already authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar.
  • Allowing a local government or authority to require providers to place above-ground small wireless facilities and associated equipment underground, and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities.
  • Requiring wireless providers to perform ongoing monitoring and reporting of small wireless facilities for compliance with FCC radio frequency emission limits.

Bill: HB 2563
Description: Small Wireless Facilities – Public Hearings
Sponsor:
Assistant Republican Leader Deanne Mazzochi

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
Description: Small Wireless Facility Regulation (Same as HB 2562, SB 41)
Sponsor: Assistant Republican Leader Deanne Mazzochi

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:

  • A written affidavit signed by a radio frequency engineer with specified certifications
  • A written report that analyzes acoustic levels for the small wireless facility and all associated equipment
  • Information showing the small wireless facility has received any required review by the FCC under the National Environmental Policy Act
  • A certified copy of the original easement documents and other supporting documentation demonstrating that the applicant has the right to install, mount, maintain, and remove a small wireless facility and associated equipment in specified circumstances

 The legislation further adds regulatory burdens on providers of 5G networks by:

  • Allowing a local government or authority to propose the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 200 feet (rather than 100 feet) of the proposed collocation.
  • Allowing a local government or authority to require an application, approval, permit and fees or other charges from a communications service provider already authorized to occupy the rights-of-way for the replacement of wireless facilities with wireless facilities that are substantially similar.
  • Allowing a local government or authority to require providers to place above-ground small wireless facilities and associated equipment underground, and to replace larger, more visually intrusive small wireless facilities with smaller, less visually intrusive facilities.
  • Requiring wireless providers to perform ongoing monitoring and reporting of small wireless facilities for compliance with FCC radio frequency emission limits.

Bill: HB 2565
Description: Small Wireless Facilities – RF Emissions
Sponsor:
Assistant Republican Leader Deanne Mazzochi

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
Bill:
HB 841
Description: Modem/Router Equipment Rental
Sponsor:
Rep. Theresa Mah

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
Description: Modem/Router Equipment Rental
Sponsor:
Sen. Cristina Castro

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
Description: Cable or Video Provider – Contract Dispute
Sponsor:
Rep. Amy Elik

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.

  • Provides that if a cable or video provider does not provide a customer or subscriber with a channel for which the customer or subscriber has been billed, then the cable or video provider shall credit the customer or subscriber $5 per channel for each month that the customer or subscriber does not receive the channel due to the contract dispute.
  • Provides that responsibility for payment of the credit shall be split evenly between all parties to the contract dispute, with reimbursement from the broadcaster to be made promptly to the cable or video provider.

 

9-1-1

Bill: HB 3702
Description: Emergency Telephone System Act Update
Sponsor:
Rep. Kathleen Willis

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
Description: Continuing Appropriation for 9-1-1
Sponsor:
Rep. Debbie Meyers-Martin

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
Description: Stark County 9-1-1 Consolidation Exemption
Sponsor:
Assistant Republican Leader Ryan Spain

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
Description: Local CURE Funds for 9-1-1 or Public Safety Entities
Sponsor:
Rep. Mark Luft

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
Description: Suicide Treatment – Standards and Training for 9-1-1 PSAPs
Sponsor:
Rep. Deb Conroy

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
Description: Wireless Service – Call Location
Sponsor:
Sen. John Curran

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
Description: Personal Info – Notice of Breach
Sponsor:
Rep. Janet Yang-Rohr

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
Description: Personal Info – Notice of Breach
Sponsor:
Sen. Michael Hasting (Majority Caucus Whip)

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
Description: Right to Know Act
Sponsor:
Rep. Kambium Buckner

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
Description: Geolocation Privacy Protection Act
Sponsor:
Rep. Ann Williams

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 geolocation information will be disclosed
  • the purpose for which the geolocation information will be disclosed
  • identifies the names and categories of private entities to which geolocation information may be disclosed.

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
Description: Security of Connected Devices Act
Sponsor:
Rep. Lamont Robinson, Jr.

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
Description: Consumer Privacy Act
Sponsor:
Rep. Michelle Mussman

House Bill 3910 creates the Consumer Privacy Act:

  • Provides that a consumer has the right to request that a business 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. Also, 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 and direct any service providers to delete the consumer’s personal information from their records, with some exceptions if necessary to maintain the information.
  • Requires a business that collects or sells a consumer's personal information to disclose to the consumer upon request:
    • The categories of personal information collected
    • The categories of sources from which personal information is collected
    • The business purpose for collecting or selling personal information
    • The categories of third parties with whom the business shares personal information
    • The specific pieces of personal information collected
    • Provides that a consumer has the right, at any time, to opt out of the sale of 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.
    • Provides for enforcement by the Attorney General and for civil actions brought by consumers.

Bill: SB 2080
Description: Automatic Listening Act
Sponsor:
Sen. Cristina Castro

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
Description: Keep Internet Devices Safe Act
Sponsor:
Sen. Cristina Castro

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
Description: Keep Internet Devices Safe Act
Sponsor:
Sen. Cristina Castro

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
Description: Biometric Information Privacy Act Reform – Limit Damages
Sponsor:
House Republican Leader Jim Durkin

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
Description: Biometric Information Privacy Act – Violation
Sponsor:
House Republican Leader Jim Durkin

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
Description: Biometric Information Privacy Act – Actual Harm & Right of Action
Sponsor:
Rep. Eva Dina Delgado

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:

  • an alleged violation of the Act that has not resulted in actual harm is a violation of the Consumer Fraud and Deceptive Business Practices Act and solely subject to investigation and enforcement by the Attorney General.
  • a person who has suffered actual harm (instead of aggrieved) by a violation of the Act shall have a right of action against an offending party.
  • a prevailing party in an action brought as a result of actual harm may only recover for the initial (rather than each) violation of the Act.
  • recovery against a private entity that negligently violates a provision of the Act may result in liquidated damages of $250 (rather than $1,000) or actual damages, whichever is greater.
  • recovery against a private entity that intentionally or recklessly violates the Act may result in liquidated damages of $500 (rather than $5,000) or actual damages, whichever is greater.
  • an action may not be brought later than one year from the violation date, if no actual harm occurred; or 3 years from the violation date, if actual harm has occurred.
  • the changes made to the Act apply retroactively to October 3, 2008.

Bill: HB 1764
Description: Biometric Information Privacy Act – Limit on Actions
Sponsor:
Assistant Republican Leader Keith Wheeler

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
Description: Biometric Information Privacy Act – Repeal (same as SB 2039)
Sponsor: Rep. Mike Murphy

House Bill 3304 repeals the Biometric Information Privacy Act.

Bill: HB 3414
Description: Biometric Information Privacy Act – Remedies – Construction
Sponsor:
Rep. Thaddeus Jones

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
Description: Biometric Information Privacy Act – Right of Action
Sponsor:
Sen. Terri Bryant

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
Description: Biometric Information Privacy Act – Security Purposes
Sponsor:
Assistant Majority Leader/President Pro Tempore Bill Cunningham

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
Description: Biometric Information Privacy Act – Right of Action
Sponsor:
Senate Minority Caucus Chair Jason Barickman
Status: Senate Judiciary-Privacy Committee
Position: Neutral

Senate Bill 300 amends the Biometric Information Privacy Act:

  • Provides that a right of action shall be commenced within one year after the cause of action accrued, if, prior to initiating any action against a private entity, the aggrieved person provides a private entity 30 days' written notice identifying the specific provisions of the Act the aggrieved person alleges have been or are being violated.
  • Provides that if within the 30 days the private entity cures the noticed violation as to the person providing notice and provides the person providing notice an express written statement that the violations have been cured and that no further violations shall occur, no action for damages of any kind may be initiated by the person providing notice against the private entity.
  • Provides that if a private entity continues to violate the Act in breach of the express written statement, the aggrieved person may initiate an action against the private entity to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the Act that postdates the written statement.
  • Provides that 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); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages).

Bill: SB 1607
Description: Biometric Information Privacy Act – Right of Action
Sponsor:
Assistant Majority Leader/President Pro-Tempore Bill Cunningham

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
Description: Biometric Information Privacy Act – Repeal (same as HB 3304)
Sponsor: Sen. Craig Wilcox

Senate Bill 2039 repeals the Biometric Information Privacy Act.

 

Cybersecurity, Procurement and Other Issues

Bill: HB 3523
Description: IEMA – Cyber Attack
Sponsor:
Assistant Republican Leader Keith Wheeler

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
Description: Dept. of Innovation & Technology (same as SB 2175)
Sponsor: Assistant Majority Leader Jaime Andrade

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:

  • Requires DoIT to develop and implement standards, policies and procedures to protect state data
  • Requires DoIT to provide the Governor with timely, comprehensive and meaningful information for IT fiscal policy. For this responsibility, the legislation provides DoIT with the power to do the following:
    • Control procurement for IT equipment
    • Establish standards for IT reporting
    • Establish pricing and charges for IT related services and reports
    • Instructs all state agencies to report to DoIT their usage of IT, costs incurred, information produced, and procedures followed
    • Instructs all state agencies to request assistance and consultation from DoIT when securing IT
    • Requires DoIT to examine accounts and IT data of any organization, body or agency receiving state appropriations from the General Assembly
    • Requires DoIT to analyze and present future needs and requirements of IT and related equipment by the State and to formulate a master plan and engage in a continuing analysis of the master plan.

Bill: SB 2175
Description: Dept. of Innovation & Technology (same as HB 3966)
Sponsor: Sen. Elgie Sims, Jr.

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:

  • Requires DoIT to develop and implement standards, policies and procedures to protect state data
  • Requires DoIT to provide the Governor with timely, comprehensive and meaningful information for IT fiscal policy. For this responsibility, the legislation provides DoIT with the power to do the following:
    • Control procurement for IT equipment
    • Establish standards for IT reporting
    • Establish pricing and charges for IT related services and reports
    • Instructs all state agencies to report to DoIT their usage of IT, costs incurred, information produced, and procedures followed
    • Instructs all state agencies to request assistance and consultation from DoIT when securing IT
    • Requires DoIT to examine accounts and IT data of any organization, body or agency receiving state appropriations from the General Assembly
    • Requires DoIT to analyze and present future needs and requirements of IT and related equipment by the State and to formulate a master plan and engage in a continuing analysis of the master plan.