SCHAUMBURG, IL – Small and midsize manufacturers found a glimmer of hope this past session as the Illinois Senate and House passed SB2979, an update to the Biometric Information Privacy Act (BIPA). At TMA’s urging, the Governor signed the bill into law late Friday, immediately protecting TMA members from annihilative lawsuits they faced under the original, flawed law.
The bill Pritzker signed into law was a labor-intensive work by Senate Leader Bill Cunningham (D-Chicago) which clarifies the law to reflect “per person” instead of “per occurrence” liability for violations.
Cunningham said on the Senate floor that the new law was a response to a formal invitation by the Illinois Supreme Court last year for the Legislature to “‘make clear its intent regarding the assessment of damages under the Act.”’
Even though the new law does not provide explicit retroactivity for cases already decided and pending cases, Sen. Cunningham made sure to put into the official legislative record that “a court or a reviewing court could take judicial notice of our amendment to the Act in determining an initial award or reducing an award.”
“This was a significant piece of legislation. For months we have been urging lawmakers to fix the BIPA legislation by filing witness slips, hosting informational sessions with members and legislators, and testifying in committee to share the real-life consequences of the flawed Act,”said TMA Lobbyist David Curtin.
“While this bill is not perfect, the 2nd and 3rd generation manufacturers who are being subject to these lawsuits feel a sense of relief that they can keep their doors open and continue producing for our economy.”
TMA has been a leader in advocating for better BIPA legislation. Curtin offered supportive testimony of SB2979 to the House Judiciary Committee and his remarks can be found here.
“After being one of the small businesses impacted by the flawed BIPA law, it’s relieving to know our government leaders heard our concerns and adjusted the law to not disproportionately penalize our state’s small businesses—businesses which are critical to the livelihood of our communities,” said Controller of Saporito Finishing Jim Logan.
“This is a positive step forward in upholding our values without undermining our economic foundations.”
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More TMANews.com stories on BIPA:
Small and Midsize Manufacturers See Another Victory as the IL House Passes New BIPA Legislation
What is BIPA and how best to comply with the law?
About TMA: Founded in 1925, TMA is an independent trade association exclusively funded by industry and solely focused on small and midsize manufacturers. TMA has nearly 900 members representing approximately 39,000 manufacturing employees and more than 27 million square feet of manufacturing plant.
