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It’s just a bill

Friday, Jan 17, 2025 - Posted by Isabel Miller

* HB1077 from Rep. Daniel Didech

Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person’s: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person’s sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately.

This would overturn a recent Illinois Supreme Court ruling that SLAPP suit protections don’t apply to news reporting. Click here and here for some background.

* HB3713 passed out of the House 68-35 last March before dying in the Senate


* Rep. Brad Halbrook introduced HB1400 yesterday

Amends the Time Standardization Act. Provides that daylight saving time shall be the year-round standard time of the entire State. Makes other changes.

* Rep. Kevin Olickal introduced HB1427

Creates the Prohibition of Algorithmics in Rent Act. Provides that in setting the amount of rent to be charged to a tenant for the occupancy of a residential premises, including determining any change in the amount of rent to be charged for the renewed occupancy of a residential premises, a landlord shall not employ, use, or rely upon, or cause another person to employ, use, or rely upon, an algorithmic device that uses, incorporates, or was trained with nonpublic competitor data. Defines “algorithmic device” to mean a device that uses one or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, for the purpose of advising a landlord concerning the amount of rent that the landlord may consider charging a tenant. Provides that this definition does not include (i) any report published periodically, but no more frequently than monthly, by a trade association that receives renter data and publishes it in an aggregated and anonymous manner; or (ii) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing program guidelines of a local government, the State, the federal government, or other political subdivision. Amends the Consumer Fraud and Deceptive Business Practices Act to make a corresponding change. Provides that any person who violates the Prohibition of Algorithmics in Rent Act commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.

Some background from WBEZ

Illinois Attorney General Kwame Raoul joined the U.S. Department of Justice and nine other state attorneys general in a lawsuit against real estate software company RealPage and some of the nation’s largest landlords.

The civil antitrust complaint filed Tuesday alleges the companies coordinated to keep rents high by using an algorithm to help set rents and privately sharing sensitive information to boost profits. […]

Together, the landlords operate more than 1.3 million housing units in 43 states and the District of Columbia, according to the Justice Department. All manage multifamily apartment buildings; several own some or all of the properties under their management. […]

The lawsuit accuses the landlords of sharing sensitive data on rents and occupancy with competing firms via email, phone calls or in groups. The information shared included renewal rates, how often they accept an algorithm’s price recommendation, the use of concessions such as offering one month free, and even their approach to pricing for the next quarter, according to the lawsuit.

       

9 Comments »
  1. - Perrid - Friday, Jan 17, 25 @ 9:37 am:

    Instead of focusing on “algorithms” just say companies can’t collude. It basically does it with the “nonpublic competitor data”, and it’s obviously going after the same thing the feds are from an antitrust perspective, so why throw in the Luddite stuff about “computers bad”?

    If someone looks at “nonpublic competitor data” in a spreadsheet and takes an average, is that an “algorithmic device”?

    Ban the collusion.


  2. - Um, no - Friday, Jan 17, 25 @ 9:43 am:

    The tell tale sign that a bill will not be given serious consideration is when it is filed by a Freedom Caucus.

    Perhaps the saddest reality regarding the Freedom Cauc-i is that their constituents seem to be oblivious to the reality that they are totally unrepresented at their Capitol.

    The political acumen of this group of cloud chasers is strangely non-existent.

    Any substantive bill that Halbrook files is DOA.


  3. - Donnie Elgin - Friday, Jan 17, 25 @ 9:58 am:

    =Clean Air for Healthy Equitable Schools=

    A gift to all the HVAC trades. Public School elected Boards should be setting goals and funding priorities for the HVAC and air quality- let the local deal with this.

    From the bill the bill …

    “ventilation verification assessments for all public schools, in addition to high-quality, quiet, portable HEPA air cleaners and air quality monitors for all classrooms, libraries, health offices, music/art rooms and cafeterias. Assessments must be performed by a TAB-certified technician.”

    Of course, TAB is only offered by Union Trades as it is part of https://www.smart-union.org/


  4. - Just Me 2 - Friday, Jan 17, 25 @ 10:06 am:

    It annoys me to no end how much effort politicians put into looking for ways to keep rent low, but never put into the underlying problem of why rents are high which is that there isn’t enough housing.

    Stop making it take 5+ years to build housing through endless review processes, and then require the building owner to give away free/reduced housing to entire classes of people, and rents will come down on their own without complicated laws.


  5. - ChrisB - Friday, Jan 17, 25 @ 10:43 am:

    ==Defines “algorithmic device” to mean a device that uses one or more algorithms to perform calculations of data,==

    Someone wasn’t paying attention in math class, but wants to sound smart by using big words. Using this definition means we can’t use our own brains to do math. Or Calculators. Or really anything that computes numbers, really.


  6. - Precinct Captain - Friday, Jan 17, 25 @ 10:56 am:

    ==- ChrisB - Friday, Jan 17, 25 @ 10:43 am:==

    Did you pay attention in English or Language Arts?

    “The current term of choice for a problem-solving procedure, algorithm, is commonly used nowadays for the set of rules a machine (and especially a computer) follows to achieve a particular goal.”

    https://www.merriam-webster.com/dictionary/algorithm


  7. - TheInvisibleMan - Friday, Jan 17, 25 @ 11:09 am:

    –Using this definition means we can’t use our own brains to do math. –

    No, it does not.

    It means you can not use any device, including your brain or calculator, if part of that process relies on using the collusion between entities of non-public competitor data.

    That’s why that’s included in the definition too.

    “uses, incorporates, or was trained with nonpublic competitor data.”

    The bill has the clear intent of preventing collusion between multiple entities for the purposes of price setting. You can still use your brain or a calculator to do math, or even a computer, you just have to rely on publicly available data when doing so.


  8. - thechampaignlife - Friday, Jan 17, 25 @ 12:25 pm:

    In a bill not filed but perhaps should be, it occurred to me that state agencies do not typically match 457 retirement plan contributions. The state should encourage agencies to redirect a portion of future raises into a matching program. For instance, if employees are due a 4% raise in FY26, give them a 3% raise and provide a 457 match of 50% up to 2% of their annual pay. The employee still gets the same 4% raise, but 1% of that (plus the 2% they contribute to get the match) is in the form of extra retirement contributions. The employee now has at least 3% going to supplemental retirement.

    If you did this for just one year, that match can continue permanently at no additional cost to the state and no effect on the employee’s total compensation. For example, a 3.5% raise in FY27 would increase both their normal pay and match by 3.5%. Or, you allocate 1% per year from raises for several years to build up a better match. For example, you could do this for five years to get a 50% match up to 10% of pay, getting them 15% going to supplemental retirement.

    While this would have no impact to the agency’s budget nor to the employee’s total compensation if they participate in the matching program, the agency would see some savings if some employees choose not to participate.


  9. - Donnie Elgin - Friday, Jan 17, 25 @ 12:44 pm:

    457

    “If employees are due a 4% raise in FY26, give them a 3% raise and provide a 457 match of 50% up to 2% of their annual pay”

    Lots of problems with this idea. 457s are voluntary supplemental saving options open to state /local gov’t employees - so limited fix. The second issue would be pensions - this 457 is a “deferred” compensation plan and employee FRE or Final Rate of earnings would be reduced since the 457 contributions would “lower his/her W-2 salary with is how pensions are calculated.


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