Technology

Amends the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Provides that an online marketplace shall verify and certify that each consumer product advertised on its platform by a high-volume third-party seller was produced, procured, purchased, or acquired in a lawful manner. Provides that an online marketplace shall identify, on its Internet website or application, the high-volume third-party sellers that are certified as operating in a legal and ethical manner and develop a means of making the certification. Provides that an online marketplace shall alert local, regional, or State law enforcement agencies if it suspects that a person or entity is selling or attempting to sell stolen goods to a resident of the State. Provides that an online marketplace shall prevent a person or entity from utilizing its platform or other services if it suspects that a person or entity is selling stolen goods. Provides that, if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action against the person for a civil penalty not to exceed $10,000 per violation and reasonable attorney's fees and costs.

Amends the Telephone Solicitations Act. Provides that no person shall solicit the sale of goods or services in the State through automatic dialing, the use of an auto dialer, or the use of a computer program designed to mimic a human operator, unless the person being contacted has expressly consented to be contacted in this manner. Provides that, if a person has previously consented to be contacted in the manner otherwise prohibited, the consent shall only be valid for a period of one year and the person shall be allowed to withdraw that consent at any time in the same manner that the consent was given. Provides that a person to whom consent has been given shall not sell, give, transfer, or assign that consent to another person. Provides for exemptions to the provision. Provides that any customer who is subject to a violation of the provision may bring an action for damages of $500 per violation, plus costs and reasonable attorney's fees. Makes a change to the definition of "emergency telephone number".

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 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.

Amends the Department of Innovation and Technology Act. Provides that the Generative AI and Natural Language Processing Task Force may hold public meetings in a hybrid format, with both virtual and in-person options to attend, as frequently as necessary to carry out its duties and shall convene and meet at the call of the co-chairpersons. Provides that the Task Force shall file periodic reports with the Governor and the General Assembly covering the Task Force's investigation into generative artificial intelligence software and natural language processing software and the Task Force's responsibilities.

Recognizes the work of organizations such as the Illinois Judges Association in educating our youth, parents, and schools about remaining safe and vigilant in the rapidly changing online environment of today and seeks to expand this essential online safety education to all students, parents, and schools in our State. Recognizes the value of collaboration between elementary and secondary schools in Illinois and the Illinois Judges Association, community organizations, and similar entities to provide comprehensive online safety education to all students, parents, and educators. Supports school districts and organizations in efforts to provide online safety to students, parents, and educators of elementary and secondary schools in Illinois.

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.