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Illinois OK’s hundreds of bills, including biometric data privacy law changes

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SPRINGFIELD, Ill. — Lawmakers passed more than 200 bills last week ahead of their scheduled May 24 adjournment.Many of the measures will soon head to Gov. J.B. Pritzker, including a bill that changes how damages accrue under Illinois’ first-in-the-nation biometric data privacy law.The Illinois House on Thursday approved Senate Bill 2979 with several Republicans joining supermajority Democrats in its passage. The Senate last month also OK’d the measure on a bipartisan vote.The measure is a response to an Illinois Supreme Court ruling last year that “respectfully suggest(ed)” lawmakers clarify the state’s Biometric Information Privacy Act. That ruling found fast food chain White Castle violated BIPA each time its employees used their fingerprints in the course of performing their jobs, as the company never obtained permission under the law.In that case, White Castle estimated it would be on the hook for up to $17 billion in penalties, as the law provides for $1,000 in damages for each “negligent” violation or $5,000 for each “reckless” or “intentional” violation.However, White Castle last month settled the case for $9.4 million.“That’s million with an ‘M,’” House sponsor Rep. Ann Williams, D-Chicago, said during House floor debate on SB 2979 Thursday, adding that the White Castle case represented a “sky is falling” scenario that didn’t end up coming true.The legislation would change BIPA’s violation accrual so that each initial collection of a fingerprint or other biometric data would amount to one violation, rather than a violation occurring for each individual scan. Employees might scan their fingerprints dozens of times per shift if they’re unlocking doors or cabinets with those scans.Illinois is the only state that grants residents the right to sue over businesses’ improper collection and mishandling of biometric data – whether they are an employee or a customer. A business is in violation of BIPA if it doesn’t have a storage policy in place, doesn’t properly protect the data, or if it does not get consent from customers or employees for the data being collected.Under SB 2979, businesses could get that consent via an electronic signature, which the bill defines as an “electronic sound, symbol, or process.”Business groups have been clamoring for changes to BIPA in recent years as upwards of 2,000 lawsuits have been filed under the law since roughly 2018, resulting in a few high-profile settlements – including a $650 million class-action payout from Facebook in 2020. The social media giant paid more than 1 million Illinoisans roughly $400 each.Some business groups are still opposed to SB 2979 because it wouldn’t be applied retroactively and doesn’t specifically shield data centers from liability for storing biometric information on behalf of companies who may have violated BIPA.Juvenile human trafficking victim recordsLegislation that would allow human trafficking victims to have their juvenile disciplinary records expunged has now passed both chambers of the General Assembly.House Bill 5465 would make it easier for former human trafficking victims to have those records sealed or expunged for offenses they were involved in while they were being trafficked. The bill is an expansion of a law passed last year that allows adults to have their criminal records pertaining to being trafficked sealed or expunged.The bill is part of a package of human trafficking-focused legislation House Republicans are pushing this year. House Bill 5467, which would remove the statute of limitations for a victim to press charges from being trafficked as a minor, is the only other bill to pass the House and is waiting to be assigned to a committee in the Senate.Foster care regulationsThe House passed two bills amending foster care policies this week.House Bill 4781, known as the Kinship in Demand (KIND) Act, would allow the Department of Children and Family Services to use a “kin-first approach” to foster placement by considering placing children with relatives before other foster or guardian options.Sponsor Rep. Marcus Evans, D-Chicago, said the bill would provide permanence to children, reduce instances of family separation and “make that disruptive process less traumatic.”The bill unanimously passed the House Wednesday and is waiting to be assigned to a committee in the Senate.Senate Bill 2824 passed the House unanimously this week after also clearing the Senate unanimously. The measure would allow foster children to attend school in their former district and not be charged with nonresident tuition if they were moved out of the district by DCFS as part of a safety plan.Rep. C.D. Davidsmeyer, R-Jacksonville, said the aim of the bill is to allow DCFS to decide what is best for the child and to not force guardians to pay tuition to school districts for children to “stay in that stable environment.”Homeowner landscaping rightsHouse Bill 5296, dubbed the Homeowners’ Native Landscaping Act, would prohibit homeowners associations from restricting residents from planting native plants on their property.Associations would still be able to mandate that properties be free from weeds, invasive species and trash. The homeowner would also need to keep the plants from growing onto common areas or neighboring properties.Sen. Jil Tracy, R-Quincy, said the bill is “an intrusion on what a homeowner’s association can do.” She said homeowners know what the association’s rules are when they buy the property, and that any regulation would be best left up to local levels of government.Last month’s vote in the House was partisan but two Republicans – Minority Leader John Curran and Sen. Sue Rezin – voted in favor of the bill this week in the Senate. It passed 42-17 and needs only a signature from the governor to become law.Garbage truck litteringGarbage trucks that lose trash because they are not properly covered could soon be fined after a bill unanimously advanced out of both chambers.House Bill 4848 would create a specific violation for law enforcement to cite when garbage or other debris falls from a truck and litters highways. Each infraction would result in a $150 ticket.Sen. Donald DeWitte, R-St. Charles, said the legislation is an attempt to eliminate unsightly waste.“You don’t have to drive very far to see the fences along the farm fields, the trees, all decorated with various pieces of plastic bags and garbage that might have flown off trucks,” DeWitte said.Mindful classroomsA measure allowing educators to provide students with time for mindful stretching and movement during the school day cleared both chambers as well.Nothing prevents schools from implementing these practices now, but Senate Bill 2872 codifies that educators may provide students with at least 20 minutes of relaxation activities, like yoga and meditation, each week. It would also allow them to partner with an outside institution to provide the activities.During House debate, supporters of the bill said practicing soothing techniques, like breathing exercises and stretching, is essential for helping students manage their mental health – especially as students deal with leftover trauma from the COVID-19 pandemic’s interruption of their education.But those opposed expressed concern with potential programming interfering with classroom learning time and religious freedoms.Rep. Blaine Wilhour, R-Beecher City, specifically cited a recent class-action lawsuit filed by former Chicago Public Schools students against the Chicago Board of Education. Students allege the board forced them to participate in a meditation program that students argued was actually a Hindu ritual that violated their religious beliefs.The House sponsor, Rep. Laura Faver Dias, D-Grayslake, reiterated during debate that the bill is not a mandate and parents could air any concerns about specific programs with local school boards.The bill cleared the Senate 36-19 in April and the House 71-40 this week along party lines.Food grantsA pilot program that has given nearly $2 million to local farms would be expanded into a permanent fund under a measure that received unanimous approval in the House.Senate Bill 3077, which also got a unanimous vote in the Senate last month, would create a special fund for the Department of Agriculture to administer the Local Food Infrastructure Grant Program. In its pilot phase, the state awarded $1.8 million to 19 local farms for a variety of projects, like building a meat processing center and a new kitchen.Under the measure, the IDOA would be able to work with a partner nonprofit and grant money from the newly created Local Food Infrastructure Grant Fund to select small farms for things like food processing and cold storage. Grant amounts could range from $1,000 to $75,000 if it’s for an individual project and up to $250,000 if it’s a collaborative project.Capitol News Illinoisis a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

Brian Munoz

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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

Dilpreet Raju

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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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