Technology

Amends the Illinois Credit Union Act. Provides that the business office for a credit union's registered agent may, but is not required to, be (instead of shall be) the same as the principal place of business of the credit union. In provisions concerning meetings of directors, sets forth provisions concerning the preparation and approval of meeting minutes. Adds provisions concerning disclosure and due diligence requirements for credit unions when providing digital asset services or contracting with a covered person or digital asset service provider and provisions concerning sales of debt cancellation services and products by a credit union to its members. In provisions concerning the investment of funds not used in loans, provides that the funds may be invested in commercial mortgage related securities and collateralized mortgage obligations to aid in the credit union's management of its assets, liabilities, and liquidity. Effective immediately.

Amends the Public Utilities Act. Defines "video programming" and "video streaming service". Provides that, on and after July 1, 2027, a video streaming service that serves consumers residing in the State shall not transmit the audio of commercial advertisements louder than the video content the advertisements accompany, consistent with the regulations adopted by the Federal Communications Commission pursuant to the Commercial Advertisement Loudness Mitigation (CALM) Act (Public Law 111-311) for television broadcast stations, cable operators, and other video programming distributors. Provides that the amendatory provisions do not create a private right of action.

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 this State shall provide a clear and conspicuous disclosure if the price displayed to a consumer is 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 a violation 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. Effective one year after becoming law.

Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that any person 18 years of age or older who knowingly and intentionally transmits obscene material by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older commits a trespass and is liable to the recipient of the obscene material for actual damages or $500, whichever is greater, in addition to reasonable attorney's fees and costs, if the person who receives the obscene material has not consented to the receipt of the obscene material or has expressly forbidden the receipt of the obscene material and if a reasonable person who receives the obscene material would suffer emotional distress as a result of the receipt of the obscene material. Authorizes the court to enjoin and restrain the defendant from committing such further acts. Provides that "obscene material" means material, including, but not limited to, images depicting a person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, or depicting the exposed genitals or anus of any person, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. Provides that the Act does not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another, (ii) any service that transmits material, including an on-demand, subscription, or advertising-supported service, (iii) a health care provider that transmits material for a legitimate medical purpose, or (iv) any transmission of commercial email. Provides that venue for an action under the Act may lie in the jurisdiction where the obscene material is transmitted from or where the obscene material is received or possessed by the plaintiff.

Amends the Search and Seizure Article of the Code of Criminal Procedure of 1963. Provides that telecommunications carriers shall return all electronic instruments, articles, or things within 36 hours if the search warrant was issued pursuant to an investigation of a forcible felony.

Amends the Right to Privacy in the Workplace Act. Provides that an employer enrolled in an Employment Eligibility Verification System, including the E-Verify program, shall not impose work authorization verification or re-verification requirements greater than those required by the Employment Eligibility Verification System. Provides that, if an employer receives notification from any federal agency or other outside third party not responsible for the enforcement of immigration law of a discrepancy as it relates to an employee's individual taxpayer identification number or other identifying documents, guarantees specified rights and protections to the employee. Makes changes in provisions concerning the administration and enforcement of the Act by the Department of Labor. Sets forth provisions concerning action for civil penalties brought by an interested party; private right of action; penalties; and review under the Administrative Review Law.

Creates the Digital Assets and Consumer Protection Act. Provides that the Department of Financial and Professional Regulation shall regulate digital asset business activity in the State. Sets forth provisions concerning: applicability; the powers and duties of the Department; funds; customer protections; custody and protection of customer assets; covered exchanges; compliance; registration; supervision; records; additional procedural provisions; confidentiality; violations; enforcement; rulemaking authority; and severability. Creates the Special Purpose Trust Company Article in the Corporate Fiduciary Act. Sets forth provisions concerning certificates of authority; rulemaking and organization; certificates of authority for foreign corporate fiduciaries; eligibility; fees; and certificates of reciprocity. Makes other changes to various Acts. Effective immediately.

Creates the Virtual Currency Kiosk Consumer Protection Act. Provides that specified information reported to the Department of Financial and Professional Regulation by virtual currency kiosk shall be confidential, except as otherwise provided in the Act. Establishes warning and general terms and conditions disclosure requirements for a virtual currency kiosk operator opening an account for a new customer and prior to entering into an initial transaction for, on behalf of, or with the customer. Requires a receipt to be provided to each customer following a transaction. Requires all virtual currency kiosk operators to have live customer service, as specified; create anti-fraud, enhanced due diligence, and federal and State law compliance policies; designate a compliance officer and a consumer protection officer; and use blockchain analytics software to assist in the prevention of sending purchased virtual currency from a virtual currency kiosk operator to a digital wallet known to be affiliated with fraudulent activity at the time of a transaction; and report the location of each virtual currency kiosk located within this State within 45 days after the end of the calendar quarter. Requires a virtual currency kiosk operator to receive a money transmitter license. Sets forth supervision duties for the Department and the Secretary of Financial and Professional Regulation.

Creates the Behavioral Health Workforce Data Collection Act. Requires The Department of Financial and Professional Regulation to collect data, as specified, from behavioral health professionals at the time of initial application for licensure and renewal of an active license. Requires the Department to ensure the data collection process is secure and adheres to State and federal privacy laws, including de-identification of personal data. Provides that the Department shall make the collected data publicly available in an aggregated, de-identified format. Requires the data to be published in a format that allows policy groups, advocates, and other stakeholders to monitor the diversity, linguistic capacity, and availability of the behavioral health workforce; identify regions and specialties with severe shortages; and forecast future workforce needs. Requires the Department to publish the aggregated data annually by January 31 on its website and through other accessible formats. Grants the Department rulemaking authority to implement the Act. Requires the Department to comply with applicable data privacy and confidentiality laws. Provides that, for a period of 2 years following the effective date of the Act, the Department shall submit to the Illinois Behavioral Health Workforce Center a list of email addresses or email communications, subject to data privacy and confidentiality laws, of all licensed behavioral health professionals exclusively for purposes of collecting data related to the behavioral health workforce in Illinois. Effective immediately.

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.