HB 5806 repeals Illinois state laws that imposed a fee on social media platforms. The bill amends the Business Corporation Act of 1983 to remove the specific provisions authorizing these charges. This change directly affects social media companies operating in Illinois by eliminating their obligation to pay this particular tax or fee.
HB 5807 repeals Illinois' Targeted Advertising Services Tax Act, which eliminates a state-level tax on digital advertising services that use data to target specific consumers. The bill also amends the Counties Code and the Illinois Municipal Code to permanently prohibit home rule counties and municipalities from imposing their own taxes on these targeted advertising services. By removing both the state tax and local taxing authority in this area, the legislation directly affects businesses that sell targeted digital advertising and the government entities that previously collected revenue from it.
Amends the Freedom of Information Act. Provides that records containing law enforcement in-car camera and officer-worn body camera video and audio recordings that a public body received from another public body are exempt from inspection or copying under the Act. Provides that records concerning the work of the threat assessment team of a law enforcement agency are exempt from inspection or copying under the Act. Provides that criminal history records are exempt from inspection or copying under the Act. Provides that personal and private information submitted to and maintained by the Illinois State Police under the Criminal Identification Act is exempt from inspection or copying under the Act. Provides that, if a public body received more than 1,000 requests under the Act in the preceding year, then (i) the public body shall either comply with or deny a request for a record that includes video records within 30 business days (rather than 5 business days) after its receipt of the request and (ii) the time for response to any request the public body receives may be extended by not more than 10 business days (rather than 5 business days) from the original due date for specified reasons. Provides that, if a request is made for an audio or video file that is maintained in an electronic format, then the public body may not charge for the first 60 minutes of staff time to prepare the response, including conducting necessary research regarding the request, as well as locating, collecting, reviewing, and redacting any responsive audio or video files. Provides that, after the first 60 minutes of staff time, the public body may charge the preparation costs of the public body's lowest paid staff member employed in a position that performs the work to prepare the response (rather than charging specified dollar amounts for specified megabytes of data). Makes technical and other changes. Effective January 1, 2027.
Creates the Meaningful Human Control of Artificial Intelligence Act. Provides that a public employer, including a contractor or subcontractor of the public employer, shall not use or apply, or authorize any procurement, purchase, or acquisition of any service or system using or relying on any automated decision-making system, directly or indirectly, without meaningful and continuing human review when performing specified functions. Provides that an employer seeking to use or apply an automated decision-making system shall conduct an initial impact assessment and an additional impact assessments at least once every 2 years and prior to any material changes to the automated decision-making system. Sets forth provisions concerning anti-retaliation; enforcement by the Department of Labor; and private rights of action.
Creates the Mental Health Warning for Social Media Act. Provides that the operator of a social media platform shall ensure that a clear and conspicuous mental health warning label that complies with specified requirements: (1) appears each time a user accesses the social media platform; and (2) remains visible until the user takes specified actions. Provides that the Department of Public Health shall develop guidelines establishing requirements for the warning labels. Provides that the operator of a social media platform shall display a clear and conspicuous pop-up notification at least once every 30 minutes that a user has actively used the platform that informs the user of specified information. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change.
Creates the Data Center Construction by Foreign Adversaries Act. Provides that no foreign company may construct or cause to be constructed a data center in the State unless the Illinois Commerce Commission, the Illinois Power Agency, and the Department of Commerce and Economic Opportunity conduct a joint study of the energy consumption of the prospective data center and certify to the Governor and the General Assembly that the energy used by the new data center is a new self-generated load and does not affect the load supply of PJM or MISO. Provides that the term "foreign company" means an entity that (i) is at least 51% owned by a foreign adversary or (ii) is headquartered in a country with a government that is a foreign adversary.
Creates the Law Enforcement Data Sharing Act. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by that agency relating to: (1) a law enforcement stop, search, or seizure; (2) a warrant, arrest, or citation; (3) participation in a pre-arrest or post-arrest diversion, specialty court, or other alternative resolution program; (4) a criminal charge, disposition, or sentence; (5) a pretrial or posttrial release from custody, or any terms or conditions of release; (6) a grant, order, change in the terms of, or termination of pretrial supervised release, probation, parole, or participation in correctional or rehabilitative programs; or (7) a formal discipline, reclassification, or relocation of any person under criminal sentence or correctional control. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by the criminal justice agency that is subject to mandatory or discretionary disclosure to any member of the public under the Freedom of Information Act. Provides that a criminal justice agency may share with a bona fide researcher any other criminal justice data, records, or information, including relevant personally identifying information and demographic information, held by that agency that is responsive to a bona fide researcher's request. Provides that, within 6 months after the effective date of the Act, the Attorney General shall issue guidance to assist criminal justice agencies in complying with the Act's requirements. Provides that a criminal justice agency may assess reasonable fees, not to exceed actual costs, for the search, retrieval, and copying of criminal justice data, records, or information requested under the Act, and may waive fees at their discretion.
Amends the Biometric Information Privacy Act. Changes the definition of "biometric identifier". Defines "biometric lock", "biometric time clock", "person", and "security purpose". 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. Provides that nothing in the Act may be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Provides that any person aggrieved by a violation of the Act may commence an action in State court or federal court within one year from its occurrence. Requires the aggrieved person to provide the private entity 30 days' written notice identifying the specific provisions of the Act that have been violated. Provides the private entity 30 days to cure the noticed violation. Exempts a private entity if its employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Effective immediately.
Creates the Drone Safety and Interference Prevention Act. Creates the offenses of (1) unlawful imaging of an emergency response activity; (2) unlawful operation over critical infrastructure facilities; and (3) unlawful operation of a drone over a correctional institution or facility. Defines these offenses and establishes penalties. Provides that a private person or entity operating a drone in the State is prohibited from equipping or using on the drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon. Provides that a law enforcement officer may seize a drone and any attached equipment, including any image-capturing devices, storage media, or weapons, if the officer has probable cause to believe the drone was used or operated in violation of the Act. Provides that any drone or equipment seized under the Act is subject to forfeiture in accordance with the Criminal Code of 2012 and the Forfeiture Article of the Code of Criminal Procedure of 1963, as applicable. Provides that the State may use forfeited drones and equipment for law enforcement purposes, including training and counter-drone operations. Provides that prior to forfeiture, the court shall provide notice and an opportunity for hearing to the owner or operator of the drone, unless the drone was abandoned or unclaimed. Provides that, if the court determines, by a preponderance of the evidence, that the drone was used in violation of the Act, the drone shall be forfeited to the State. Provides that any images or data seized under the provision shall be retained only if there is a reasonable suspicion they contain evidence of a crime. Provides that all other data must be deleted within 30 days unless relevant to an ongoing investigation. Provides that the State, any unit of local government, any law enforcement agency or any officers or agents of those entities that are acting reasonably and in good faith to enforce the Act are not civilly liable for damage to or loss of a drone, except for willful or wanton misconduct. Provides that the Act shall be enforced by State and local law enforcement agencies. Provides that enforcement data under the Act shall be reported through the Illinois State Police's existing Uniform Crime Reporting program. Contains a severability provision. Effective January 1, 2027.
Creates the Drone Safety and Interference Prevention Act. Creates the offenses of (1) unlawful imaging of an emergency response activity; (2) unlawful operation over critical infrastructure facilities; and (3) unlawful operation of a drone over a correctional institution or facility. Defines these offenses and establishes penalties. Provides that a private person or entity operating a drone in the State is prohibited from equipping or using on the drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon. Provides that a law enforcement officer may seize a drone and any attached equipment, including any image-capturing devices, storage media, or weapons, if the officer has probable cause to believe the drone was used or operated in violation of the Act. Provides that any drone or equipment seized under the Act is subject to forfeiture in accordance with the Criminal Code of 2012 and the Forfeiture Article of the Code of Criminal Procedure of 1963, as applicable. Provides that the State may use forfeited drones and equipment for law enforcement purposes, including training and counter-drone operations. Provides that prior to forfeiture, the court shall provide notice and an opportunity for hearing to the owner or operator of the drone, unless the drone was abandoned or unclaimed. Provides that, if the court determines, by a preponderance of the evidence, that the drone was used in violation of the Act, the drone shall be forfeited to the State. Provides that any images or data seized under the provision shall be retained only if there is a reasonable suspicion they contain evidence of a crime. Provides that all other data must be deleted within 30 days unless relevant to an ongoing investigation. Provides that the State, any unit of local government, any law enforcement agency or any officers or agents of those entities that are acting reasonably and in good faith to enforce the Act are not civilly liable for damage to or loss of a drone, except for willful or wanton misconduct. Provides that the Act shall be enforced by State and local law enforcement agencies. Provides that enforcement data under the Act shall be reported through the Illinois State Police's existing Uniform Crime Reporting program. Contains a severability provision. Effective January 1, 2027.
