* Sen. Peters’ SB1887…

Creates the Digital Property Protection and Law Enforcement Act. Provides that upon a valid request from the Attorney General or a State’s Attorney, made pursuant to the substantive or procedural laws of the State, a court may order any appropriate blockchain transaction for digital property or for the execution of a smart contract. Provides that a blockchain network that processes a blockchain transaction originating in the State at any time after the effective date of the Act shall process a court-ordered blockchain transaction without the need for the private key associated with the digital property or smart contract. Provides that upon a petition by the Attorney General or a State’s Attorney, the court shall assess a civil penalty of between $5,000 and $10,000 for each day that the blockchain network fails to comply with the order. Sets forth provisions concerning protection of digital property and contract rights, security interests, and service of process. Defines terms. Effective 30 days after becoming law.

* Coin Telegraph…

A recently introduced Illinois Senate Bill has been ridiculed by the crypto community over its “unworkable” plans to force blockchain miners and validators to do “impossible things” — such as reversing transactions if ordered to do so by a state court. […]

Titled the “Digital Property Protection and Law Enforcement Act,” the bill would authorize the courts — upon a valid request from the attorney general or a state’s attorney that is made pursuant to the laws of Illinois — to order a blockchain transaction that is executed via a smart contract to be altered or rescinded. […]

[Florida-based lawyer Drew] Hinkes described the bill as “the most unworkable state law” related to blockchain and cryptocurrency that he has ever seen. […]

The bill states that any blockchain miners and validators may be fined between $5,000-10,000 for each day that they fail to comply with court orders.

While acknowledging the need to implement bills that strengthen consumer protection, Hinkes said it would be “impossible” for miners and validators to comply with the bill proposed by Senator Peters.

* Press release…

Local families would have expanded access to full-day kindergarten under legislation recently introduced by state Rep. Mary Beth Canty, D-Arlington Heights.

“Requiring full-day kindergarten is a common sense solution to closing the achievement gap and setting our youngest learners up for a lifetime of success,” Canty said. “Full-day kindergarten not only benefits students, but also allows teachers to know their students better and increases access to safe, dependable child care for working parents.”

Currently, school districts may provide either half-day or full-day kindergarten. Canty’s House Bill 2396 requires school districts to establish kindergarten with full-day attendance beginning with the 2023-2024 school year. Research from the National Education Association demonstrates that full-day kindergarten improves students’ academic achievement, strengthens social and emotional skills, and produces long-term educational gains for low income and minority students.

“Our children are our greatest resource and it’s time we start treating them as such. When we invest in our youngest learners, everyone benefits,” Canty said. “We must give Illinois students the classroom time they need to reach their full potential, and full-day kindergarten is the way to do that,” Canty said.”

* WAND…

Illinois could enhance the penalties for impaired drivers who kill someone and injure others. Sen. Steve McClure (R-Springfield) has filed the same proposal several times over the past few years, but his plan has never gained traction. McClure hopes to see “Lindsey’s Law” passed this spring.

McClure wants to honor the life of Lindsey Sharp, a 26-year-old woman hit by a drunk driver in a Springfield Walmart parking lot in 2015. […]

McClure argued that intoxicated drivers should be charged with a Class 2 felony if they kill someone and cause great bodily harm, permanent disability, or disfigurement of others. […]

The driver in Lindsey’s case, Antione Willis, was sentenced to 14 years in prison after pleading guilty to aggravated DUI. However, McClure said Lindsey’s boyfriend and son deserved justice too, and his bill would require an additional four to 20 years in prison for anyone breaking the law.

While some think this is a common sense change, McClure said his bill hasn’t gained support in the past because many Democratic lawmakers are opposed to penalty enhancements.

* Rep. Blaine Wilhour is sponsoring HB3953…

Amends the Lobbyist Registration Act. Provides that the term “official” as used under the Act includes specified officials of a unit of local government. Modifies the terms “lobby” and “lobbying” to include communications with units of local government for the ultimate purpose of influencing any executive, legislative, or administrative action, and further specifies such actions. Modifies the term “lobbyist” to mean a natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government.

* Rep. Curtis Tarver…

Amends the Illinois Municipal Code. Removes provisions providing that a person is not eligible to take the oath of office for a municipal office if that person has been convicted of certain crimes. Amends the Unified Code of Corrections. Provides that a person convicted of a felony, bribery, perjury, or other infamous crime (rather than a felony) for an offense committed on or after the effective date of the amendatory Act while he or she was serving as a public official is ineligible to hold any local public office (in addition to being ineligible to hold an office created by the Constitution of the State) unless the person’s conviction is reversed or until the completion of his or her sentence and his or her eligibility to hold office is restored. Amends the Officials Convicted of Infamous Crimes Act and the Election Code making conforming changes.

* Press release…

Citizens Against Lawsuit Abuse-Illinois (CALA-IL) is calling on Illinois legislators to immediately draft corrective legislation to the state’s Biometric Information Privacy Act (BIPA) to clarify the Illinois Supreme Court’s devastating ruling Friday that could lead to the financial destruction of Illinois businesses.

In a 4-3 decision in Cothron v. White Castle, the IL Supreme Court determined a separate claim accrues each time a private entity scans or transmits an individual’s biometric identifier. The ruling increases White Castle’s potential liability from $95 million to more than $17 billion and could destroy the company and other Illinois businesses facing similar claims.

“CALA-IL agrees with the majority and minority opinions in Cothron v. White Castle that BIPA will result in the reckless financial destruction of businesses operating in Illinois,” said CALA-IL Executive Director Phil Melin. “It is vital that the Legislature now heeds the recommendation of the Supreme Court majority and ‘make clear its intent regarding the assessment of damages under [BIPA]’ (Pg. 15). “

Melin added, “The Illinois’ Biometric Information Privacy Act (BIPA) is a poorly drafted law that allows trial attorneys to obtain ludicrously excessive damage amounts that are far out of proportion with any sane estimation of harm. The ramifications of this decision will extend beyond the financial destruction of one beloved 102-year-old Midwest restraint chain, as the shock waves of this 4-3 decision ripple through the Illinois economy.”

* Jonah Newman from Injustice Watch…

I first became interested in the judicial FOIA loophole when I was looking into issues at the Cook County juvenile detention center as a reporter at the Chicago Reporter. In 2018, I requested a slew of records from Cook County Circuit Court Chief Judge Timothy Evans, whose office oversees the juvenile jail. I was shocked to learn that I could more easily access information about the conditions inside the adult jail, which is run by the Cook County Sheriff’s Office, than about a detention center holding kids as young as 12. I convened a meeting of journalists, advocates, and lawyers whom I thought might be interested in working to solve this problem. Five years later, several of those organizations have formed the Court Transparency Coalition, which is gathering support for Tarver’s bill. (Injustice Watch is not a member of the coalition but has participated in meetings to discuss issues with court access.)

To Evans’ credit, his office eventually provided detailed data showing every time a young person at the detention center was confined to their room. The data formed the basis of my 2018 investigation into the juvenile jail’s increased use of room confinement as a form of discipline, even as national experts told Evans and the detention center’s leadership that practices were harmful to youths. My story prompted hearings before the county board and led Evans to create a blue-ribbon committee to investigate the use of room confinement. (In a report last year, the committee agreed with outside experts that it was used too often.)

Since I arrived at Injustice Watch in 2019, I have repeatedly requested updated room confinement data from the chief judge’s office to see whether anything has changed. Evans’ office stonewalled me again and again. It was only when I reached out again for a comment from Evans on this piece that his office finally provided me with the data that I’ve been requesting for years. (A spokesperson said in an email collecting the data was “time-consuming,” and my deadline for this commentary “was only one of many factors that determined when it was delivered to you.”)

If HB2455 passes, requests for information from the courts would not just depend on the mercy of the chief judge or the clerk of the court in office at any given time. They would have five business days to respond to a records request — just like every other public agency in the state. The public would be able to appeal denials of FOIA requests to the Illinois attorney general or file lawsuits to force them to comply. The courts could still withhold personal information, juvenile court records, and other types of information already exempt from FOIA or protected by state law, including misconduct complaints against sitting judges, which are confidential under the Illinois Constitution.

This bill isn’t about making our jobs at Injustice Watch easier. It’s about ensuring equal access to justice in Illinois. Every day, thousands of people enter courthouses across Illinois seeking justice. They might be asking for protection from an abuser, fighting to keep their home, working to keep custody of their children, or navigating a criminal case as a victim or a defendant. We know the court system has historically favored people with wealth and racial privilege and disproportionately harmed those without. But the public can only fight for a more fair and just court system if we have complete information about the workings of the courts. Without transparency, it’s impossible to have true accountability.

* BGA…

BGA Policy supports HB2455. Illinois should join 44 other states by including the Judicial Branch of Government to the Freedom of Information Act. #twil pic.twitter.com/F87rFSUJAg

— Better Government Association (@BetterGov) February 21, 2023

* Rep. Maurice West…

Creates the Public Official Privacy Act. Provides that government agencies, persons, businesses, and associations shall not publicly post or display publicly available content that includes an official’s personal information, provided that the government agency, person, business, or association has received a written request from the person that it refrain from disclosing the person’s personal information. Provides injunctive or declaratory relief if the Act is violated. Includes procedures for a written request. Provides that it is a Class 3 felony for any person to knowingly and publicly post on the Internet the personal information of an official or an official’s immediate family in a manner posing an imminent and serious threat to the official or the official’s immediate family. Excludes criminal penalties for employees of government agencies who publish information in good faith during the ordinary course of carrying out public functions. Provides that the Act and any rules adopted to implement the Act shall be construed broadly to favor the protection of the personal information of officials. Amends various Acts and Codes allowing an official to list a business address rather than a home address and makes conforming changes. Effective immediately.

* Press release…

As the nation begins the celebration of National Engineering Week, the American Council of Engineering Companies of Illinois (ACEC Illinois) has unveiled its 2023 Legislative Agenda focused on retaining and recruiting engineers to deal with a skills-gap shortage while protecting Rebuild Illinois.
 
The agenda includes several pieces of legislation that will prioritize the development of engineering talent for the workforce, promote engineering innovation, protect engineering companies and ensure Illinois’ Road, transportation and physical infrastructure projects continue to be well-funded by the state and completed by the most qualified professionals in the industry. This strong emphasis on developing a pipeline of workers to keep our state competitive follows Governor Pritzker’s remarks during his budget address last week. […]

ACEC-IL 2023 Legislative Agenda
 

• Preserve REBUILD Illinois: In order to keep Illinois’, promise to citizens to repair, maintain and upgrade Illinois’ infrastructure to support a 21st Century economy, ACEC Illinois will oppose efforts to roll back funding for ReBuild Illinois. Legislation, such as HB 1575, that would undo the state’s infrastructure improvement program would be actively opposed by ACEC Illinois.

• State Innovation Tax Credit (HB2423) (SB 2084): This legislation creates a State of Illinois innovation tax credit that would be administered by the Department of Revenue, rather than the IRS, aiding in the state’s goal of attracting more research and development programs to Illinois. This legislation is sponsored by Rep. Marty Moylan and Senator Don DeWitte.

• Retain Illinois Students of Engineering (RISE) Tax Credit (HB 2425) (SB 2282): Helping attract and retain engineers as the industry faces a shortage of educated talent, this legislation provides for a tax credit of 10% of the salary paid to recent graduates of Illinois’ engineering schools and 5% of the salary paid to recent graduates of engineering schools outside of Illinois. This legislation is sponsored by Rep. Marty Moylan and Senator Ram Villivalam.

• Incentivize Engineering Talent for IDOT (HB 2424) (SB 2190): With shortages in qualified engineers facing the industry, this legislation would enable IDOT to provide student loan repayment assistance to qualifying employees that meet certain requirements, helping to incentivize educated professionals to work on the state’s highest priority infrastructure projects. This legislation is sponsored by Michael Marron and Senator Ram Villivalam.

• Certificate of Merit for Civil Suits (SB 1615): To reduce the cost of frivolous litigation, this legislation would require a civil engineer to sign an affidavit certifying that malpractice may have taken place in his or her professional opinion before a suit can be filed against an engineer or firm. This legislation is sponsored by Senator Don DeWitte.

• Knowledge Transfer Innovation Act (HB 2559): To ensure Illinois’ most innovative engineering firms are able to share their cutting-edge technology and design approaches with state agencies, this legislation allows for greater communication and knowledge transfer between the private and public sector. This legislation is sponsored by Rep. Marty Moylan.

• Commitment to Qualifications Based Selection Process Qualifications-Based Selection (QBS) Processes have proven to protect taxpayers, drive innovation, encourage diversity, and deliver projects on-time and on-budget. This resolution will renew the state’s commitment to QBS which is already the long-standing policy of the State of Illinois, considered the industry standard, and is required by law in 46 states. This measure will be introduced as a resolution.

* Rep. Adam Niemerg…

Parents and students deserve an agenda free education and under the Freedom of Education Act, they would be guaranteed that right, according to Illinois Freedom Caucus member State Representatives Adam Niemerg (R-Dietrich), the sponsor of the legislation.
 
“During the pandemic, parents witnessed the kind of curriculum being taught to their kids and for many of them, it was an eye-opening experience,” Niemerg said. “But opting out of classes parents find objectionable has proven to be more challenging than it should be. The Freedom of Education Act protects the right of conscience for students and parents.”
 
House Bill 2184 creates the Freedom of Education Act and prevents public school districts and universities and colleges from compelling a student to personally affirm, adopt, or adhere to specified tenets. It also gives students, parents, and legal guardians the right to object to and refuse any unit of instruction or required course of study that directs, requires, or otherwise compels a student to personally affirm, adopt, or adhere to any of the specified tenets and requires school boards to review and resolve objections to the school curriculum.
 
“Education should be about helping students learn how to think rather than teaching them what to think,” Niemerg said. “There is no place in our schools for cultural indoctrination. We must protect and preserve parental rights.”
 
House Bill 2184 has been introduced and awaits assignment to a legislative committee.