Technology

Creates the Anti-Click Gambling Data Analytics Collection Act. Provides that no entity that operates a remote gambling platform or a subsidiary of the entity shall collect data from a participant with the intent to predict how the participant will gamble in a particular gambling or betting scenario. Effective immediately.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person to engage in a commercial transaction or trade practice with a consumer in which: (1) the consumer is communicating or otherwise interacting with a chatbot, artificial intelligence agent, avatar, or other computer technology that engages in a textual or aural conversation; (2) the communication may mislead or deceive a reasonable consumer to believe that the consumer is communicating with a human representative; and (3) the consumer is not notified in a clear and conspicuous manner that the consumer is communicating with an artificial intelligence system and not a human representative. Effective January 1, 2026.

Makes appropriations for the ordinary and contingent expenses of the Department of Innovation and Technology for the fiscal year beginning July 1, 2025, as follows: General Funds $291,142,900; Other State Funds $768,869,700; Total $1,060,012,600.

Creates the Surveillance-Based Price and Wage Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. Sets forth exemptions to the provisions. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations.

Creates the Secure Telecommunications Act of 2025. Provides that all critical telecommunications infrastructure located within or serving the State shall be constructed so as not to include any equipment manufactured by a federally banned corporation or any equipment banned at the federal level. Provides that all critical telecommunications infrastructure located within or serving the State shall be constructed so as not to include any equipment manufactured in or by a foreign adversary, a state-owned enterprise of a foreign adversary, or a company domiciled within a foreign adversary. Provides that the Illinois Commerce Commission shall establish a registration system for telecommunications providers. Provides for a registration fee. Sets forth requirements for registration of telecommunications providers. Provides for a civil penalty of not less than $10,000 and not more than $100,000 for any telecommunications provider who violates the Act or knowingly submits a false registration form. Provides that any telecommunications provider that fails to comply with a portion of the Act is prohibited from receiving any State or local funds, including funds from the Illinois Telecommunications Universal Service Fund, for the development or support of new or existing critical telecommunications infrastructure and is also prohibited from receiving any federal funds subject to distribution by State or local governments for the development or support of new or existing critical telecommunications infrastructure. Effective July 1, 2025.

Creates the Utility Data Access Act. Requires the Illinois Commerce Commission to enact the following procedures: (1) a utility shall retain all consumption data for a period of not less than 2 years; (2) a qualified utility shall retain monthly consumption data used for billing for a period of not less than 15 years; (3) a utility shall honor an account holder's request to transmit the account holder's covered usage data held by the utility to any entity designated by the account holder; (4) a qualified data recipient with respect to a qualified building or qualified property may request that a qualified utility provide aggregated usage data for the qualified building or qualified property; (5) a utility shall deliver requested data on a schedule set by the Commission; and (6) the account holder request process and utility delivery of requested data shall be convenient and secure. Establishes requirements for: the Commission's participation in a stakeholder process; the form and timeline in which covered usage data is provided to the data recipient; entry of data into the benchmarking tool; and the provision of covered usage data to recipients upon account holder authorization. Provides that, except in cases where the utility has not followed processes established by the Act or the utility is grossly negligent, the utility shall be held harmless for third-party misuse of data shared under the Act and no cause of action may be initiated against the utility for such subsequent misuse. Provides that prior to filing for cost recovery, a qualified utility must first demonstrate good faith efforts to secure federal, State, or other relevant funding options. Sets forth provisions regarding funding for the Commission to carry out its responsibilities under the Act and the Commission selecting and engaging outside consultants with experience in benchmarking and utility data access. States findings. Defines terms.

Creates the Illinois Age-Appropriate Design Code Act. Provides that a business that provides an online service, product, or feature likely to be accessed by children shall take specified actions, including completing a data protection impact assessment for any online service, product, or feature likely to be accessed by children. Provides that a business shall complete a data protection impact assessment on or before July 1, 2026, for any online service, product, or feature likely to be accessed by children offered to the public before July 1, 2026. Provides that any business that violates the Act shall be subject to an injunction and liable for a civil penalty of not more than $2,500 per affected child for each negligent violation or not more than $7,500 per affected child for each intentional violation. Creates the Children's Data Protection Working Group to deliver a report to the General Assembly regarding best practices for the implementation of the Act.

Amends the Illinois Procurement Code. Provides that any contract that provides for the storage of any State data shall include a requirement that the State data must be processed, stored, and disposed of within the territory of the United States. Provides that, for any contract that provides for the storage of State data, the Chief Procurement Officer shall allocate to any qualified bidder an earned credit of: (1) 2% of the contract base bid for ensuring that all State data that is included in the contract is stored within the State of Illinois; and (2) an additional 4% of the contract base bid for ensuring that all such State data is stored within an opportunity zone. Contains provisions concerning data centers.

Creates the Privacy Protections for Location Information Derived from Electronic Devices Act. Makes it unlawful for a covered entity to collect or process an individual's location information except for a permissible purpose. Provides that before collecting or processing an individual's location information for one of those permissible purposes, a covered entity shall provide the individual with a copy of the location privacy policy and obtain consent from that individual Authorizes a civil action in which if the plaintiff prevails, the court may award (1) actual damages including damages for emotional distress, or $5,000 per violation, whichever is greater; (2) punitive damages; and (3) any other relief. Provides that in addition to any relief awarded, the court shall award reasonable attorney's fees and costs to any prevailing plaintiff. Defines terms. Makes other changes.

Creates the Artificial Intelligence Systems Use in Health Insurance Act. Provides that the Department of Insurance's regulatory oversight of insurers includes oversight of an insurer's use of AI systems to make or support adverse determinations that affect consumers. Provides that any insurer authorized to operate in the State is subject to review by the Department in an investigation or market conduct action regarding the development, implementation, and use of AI systems or predictive models and the outcomes from the use of those AI systems or predictive models. Provides that an insurer authorized to do business in Illinois shall not issue an adverse consumer outcome with regard to the denial, reduction, or termination of insurance plans or benefits that result solely from the use or application of any AI system or predictive model. Provides that any decision-making process for the denial, reduction, or termination of insurance plans or benefits that results from the use of AI systems or predictive models shall be meaningfully reviewed, in accordance with review procedures determined by Department rules, by an individual with authority to override the AI systems and determinations. Authorizes the Department to adopt emergency rules to implement the Act and to adopt rules concerning standards for full and fair disclosure of an insurer's use of AI systems. Makes a conforming change in the Illinois Administrative Procedure Act.