Technology

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.

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 Illinois Income Tax Act. Provides that it is unlawful for an income tax return preparer or a software company to charge a separate fee for the electronic filing of returns under the Act. Provides that it is unlawful for a software company to offer for sale a version of its tax software that charges a separate fee for the electronic filing of returns under the Act and a version of the same tax software that does not. Sets forth penalties for violations of the provisions of the amendatory Act.

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.

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.

Amends the School Code. Provides that the vendor of an assessment administered by the State Board of Education for the purpose of student application to or admissions consideration by institutions of higher education under a contract entered into, amended, renewed, or extended on or after the effective date of the amendatory Act must not sell or commercially exploit in any way covered information, as defined in the Student Online Personal Protection Act, that the vendor has access to because of its status as the vendor. Amends the Student Online Personal Protection Act. Provides that any person aggrieved by an operator's violation of the Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against the operator.