Technology (Artificial Intelligence)

Creates the Artificial Intelligence Data Privacy Act. Prohibits a deployer from training an artificial intelligence on a user's data and retaining the training data indefinitely unless specified conditions are satisfied. Sets forth provisions concerning a private right of action. Provides that a violation of the Act constitutes 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. Effective January 1, 2027.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the owner, licensee, or operator of a generative artificial intelligence system shall conspicuously display a warning on the system's user interface notifying users of the limitations of generative artificial intelligence systems. Provides that each day the required warning is not displayed by the owner, licensee, or operator of a generative artificial intelligence system constitutes a separate violation of the Act. Provides that a violation of the provision constitutes an unlawful practice within the meaning of the Act.

Amends the Illinois Human Rights Act. Makes it a civil rights violation under the Act to use artificial intelligence in a real estate transaction without providing notice to the other person engaging in the real estate transaction that the owner, real estate broker or salesman, or agent of one of them is using artificial intelligence to conduct the real estate transaction. Makes it a civil rights violation to fail to inform an applicant for a loan or credit card if the financial institution used artificial intelligence to process the application. Makes it a civil rights violation to fail to inform a person seeking a place of public accommodation that the place of public accommodation uses artificial intelligence to determine whether the person seeking a place of public accommodation is permitted to enjoy the full and equal enjoyment of its facilities, goods, and services. Requires that the Department of Human Rights adopt any rules necessary for the implementation and enforcement of the Act.

Creates the Artificial Intelligence Product Liability Act. Sets forth provisions concerning product liability actions brought against a developer of an artificial intelligence system for defective design, failure to contain adequate instructions or warnings, and failure to conform to an express warranty. Provides that a deployer of an artificial intelligence system shall be deemed to be liable as a developer for harm caused by a product if: (1) the deployer makes material and substantial change to the product or (2) the deployer intentionally misuses the product contrary to the express warranty and that use was the proximate cause of harm to the plaintiff. Sets forth provisions concerning applicability and enforcement.

Amends the Nurse Practice Act. In provisions concerning registered professional nurses, adds provisions concerning: the use of artificial intelligence in recorded or transcribed encounters; prohibition on substituting artificial intelligence for nursing services; use of artificial intelligence as clinical decision support under the control of a registered professional nurse; patient notice and transparency; confidentiality protections; exceptions for nonclinical activity; and defined terms. Amends the grounds for discipline to add violations of the artificial intelligence provisions by a registered professional nurse. Requires a health care entity that employs registered professional nurses and deploys artificial intelligence in direct patient care to maintain validation and bias monitoring records for each system and make such records available to the Department of Financial and Professional Regulation upon request; provide registered professional nurses with training on intended use, data limits, and known failure modes; ensure registered professional nurses have access to data inputs and key factors that produced any recommendation used in direct patient care; and prohibit staffing, triage, admission, discharge, or transfer decisions that rely solely on artificial intelligence. Allows the Department to investigate any health care entity that employs registered professional nurses for a violation of the artificial intelligence provisions. Effective immediately.

Creates the Companion Artificial Intelligence Protection Act. Provides that an operator of a companion artificial intelligence product shall not deploy or operate a companion artificial intelligence product that incorporates specified features. Provides for auditing and reporting requirements. Provides that an operator shall provide a clear notification during an interaction with a companion artificial intelligence product informing the user that the user is communicating with a companion artificial intelligence product. Requires the implementation of mandatory user safeguards, including a crisis intervention protocol. Sets forth provisions concerning liability and enforcement. Effective January 1, 2027.

Creates the Artificial Intelligence Public Safety and Child Protection Transparency Act. Provides that a frontier artificial intelligence model developer or large chatbot provider shall write, implement, comply with, and clearly and conspicuously publish on its website a public safety and child protection plan. Provides that the Attorney General shall establish a mechanism to be used by a large frontier developer, a large chatbot provider, or a member of the public to report a safety incident related to specified artificial intelligence models or chatbots. Sets forth provisions concerning the protection of whistleblowers; third party audits of large frontier developers; and civil penalties. Provides for rulemaking by the Attorney General. Effective January 1, 2027.

Creates the Surveillance-Based Wage Discrimination Act. 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.

Amends the Illinois Act on the Aging. Requires the Department on Aging, in consultation with the Office of the Attorney General, to provide updated resources related to scam calls and robocalls on the Department's public website. Provides that the resources shall include, but not be limited to, (1) information on predatory scam calls that utilize AI to mislead the call recipient and (2) access to a scam call hotline number where call recipients may report predatory calls.

Creates the Student Educational Technologies Rights Act. Provides that it is the policy of the State that a student and the student's parent have the right to: opt out of school-issued personal electronic devices, electronic textbooks, electronic required reading, or electronic or online assignments; request a human teacher review any automated scored grade or scored grade generated by artificial intelligence; and opt out of predictive analytics systems without academic penalty. Amends the School Code. Removes language allowing school districts that collect biometric information from students to adopt specified policies. Prohibits a school district from purchasing or otherwise acquiring biometric systems to use on students. Establishes prohibitions for a school district with respect to biometric systems and biometric information of its students. Sets forth requirements on the destruction of biometric information in the possession of a school district. Makes other changes. Amends the Student Online Personal Protection Act. Prohibits an operator from selling or renting any other person's information collected by the operator for K through 12 school purposes or permitting artificial intelligence to train on covered information unless for K through 12 school purposes or in furtherance of improving operability and functionality of the operator's service. Provides, with exceptions, that an operator's artificial intelligence model shall not train on a student's covered information and retain the training data indefinitely. Makes other and conforming changes.