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.
Creates the Algorithmic Pricing Transparency Act. Provides that any person or entity that sells or offers to sell goods or services through an online platform to consumers in the State shall provide a clear and conspicuous disclosure if the baseline price for a specific consumer is personalized and generated using surveillance pricing. Provides that a consumer may opt out of surveillance pricing and a covered entity shall provide the consumer with a non-personalized baseline price for the goods or services. Prohibits a covered entity from using specified personal information to generate algorithmic pricing. Provides that price changes that are the result of specified allowable conduct are not prohibited under the Act. Exempts insurers and providers of financial services from the requirements of the Act. Provides that a violation of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Preempts home rule. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Restricts private rights of action to enforce the Algorithmic Pricing Transparency Act. Effective January 1, 2028.
Creates the Online Safety Act. Provides that, no later than January 1, 2027, an owner of a social media platform shall: (1) incorporate an online safety center into the social media platform that provides consumers with specified educational resources; and (2) establish a cyberbullying policy for the social media platform. Provides for restrictions on personal data processors that offers any online service, product, or feature to minors. 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 it is an unlawful practice for a high-impact social media company in the State to fail to make available to its customers, at no cost, a customer support service for customers to notify the company of any harmful content that the customer believes is illegal or violates the high-impact social media company's terms of service. Provides that the customer support service must timely respond to customers within one business day after a customer initially contacts the company. Provides that the customer support service must take active steps to resolve the customer's issue or complaint and communicate the steps taken to resolve the issue or complaint with the customer by mail, telephone, or email, as requested by the customer, within 3 business days after a customer initially contacts the company. Provides that the customer support service shall communicate with the customer at least once every 3 business days until the issue has been resolved or until the issue has been determined to be unsolvable. Provides that the Attorney General may bring an action against a high-impact social media company that does not comply with these provisions. Provides that any company that violates these provisions shall be fined $1,000 per day per violation. Provides that fines collected under these provisions shall be deposited into a fund to support mental health awareness in Illinois. Effective January 1, 2027.
Creates the Artificial Intelligence Provenance Data Act. Provides that a covered artificial intelligence tool provider shall make available, at no cost to a person, a provenance label reading tool. Provides that a covered artificial intelligence tool provider shall include a provenance label in any image, video, or audio content instance created by its artificial intelligence. Sets forth requirements for large online platforms, capture device manufacturers, and third-party licensees and hosting platforms concerning provenance labels. Sets forth provisions concerning civil penalties. Effective January 1, 2027.
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 Social Media Data Clean Slate Act. A social media platform shall provide a clear and conspicuous button that enables a user to delete the user's account that satisfies specified requirements. Provides that the social media platform shall, when the button is clicked, provide a user with the steps necessary to complete an account deletion request, which shall include deletion of the user's personal information. Sets forth additional provisions concerning the account and personal information deletion process. Provides that any waiver of the rights provided under the Act shall be void and unenforceable. Provides that the Attorney General shall adopt rules necessary to implement and enforce the Act. Effective January 1, 2027.
Creates the Artificial Intelligence Companion Model Safety Act. Provides that an operator shall not operate or provide an artificial intelligence companion to a user unless the artificial intelligence companion contains a protocol to take reasonable efforts to detect and address suicidal ideation or expressions of self-harm by a user to the artificial intelligence companion. Provides that an operator shall provide a clear and conspicuous notification to a user that states, either verbally or in text, that the user is not communicating with a human, at specified times. Provides for civil penalties. Provides that all moneys collected under the Act shall be deposited into the Statewide 9-8-8 Trust Fund. Amends the State Finance Act to make a conforming change. Effective January 1, 2027.
Creates the Children's Social Media Safety Act. Provides that, no later than January 1, 2028, an operating system provider shall: (1) provide an accessible interface at account setup that requires an account holder to indicate the birth date, age, or both; (2) provide an operator who has requested a signal with respect to a particular user a signal that identifies the user's age by category; and (3) send only the minimum amount of information necessary to comply with the provision. Provides that an operator shall not offer a platform in the State without conducting age verification as required under the Act to determine whether a user is a minor. Provides that, for all users that the operator has actual knowledge to be a minor, the operator shall use specified default settings for the minor. 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.
Creates the Social Media Age Restriction Act. Provides that an operator of a social media platform shall take reasonable steps, including the implementation of an age assurance system, to prevent a child from creating or maintaining an account on the social media platform. Provides that an operator may enter into an agreement with application distribution services or device manufacturers to allow for user information to be shared for age assurance purposes. Provides that the provision does not apply to a parent or guardian who allows a child to use an account held by the parent or guardian. Sets forth provisions concerning a 30-day cure period and civil penalties. Provides that an operator shall have 180 days after the effective date of the Act to comply with the requirements of the Act. Effective immediately.
