Technology (Artificial Intelligence)

Creates the Provenance Data Requirements Act. Provides that a generative artificial intelligence tool provider shall apply provenance data, either directly or through the use of third-party technology, to wholly-generated synthetic content generated by the provider's generative artificial intelligence tool. Sets forth additional requirements on generative artificial intelligence tool providers, large online platforms, and manufacturers of capture devices. Defines terms.

Amends the School Code. Requires the State Board of Education to establish an Artificial-Intelligence Use in Education Commission to collect information and submit recommendations relative to best educational practices and policies for smartphone and artificial-intelligence use in schools and compile research and collaborate to learn more on what recommendations are most effective for student-learning outcomes. Sets forth the Commission's membership, meetings, responsibilities, and support and reporting requirements. Repeals the provisions on January 1, 2030. Effective January 1, 2027.

Creates the Artificial Intelligence Safety Act. Provides that a developer of a frontier artificial intelligence model shall not be held liable for critical harms caused by the frontier model if the developer did not intentionally or recklessly cause the critical harms and the developer publishes a safety and security protocol and transparency report on its website. Provides that a developer shall be deemed to have complied with these requirements if the developer: (1) agrees to be bound by safety and security requirements adopted by the European Union; or (2) enters into an agreement with an agency of the federal government that satisfies specified requirements. Sets forth requirements for safety and security protocols and transparency reports. Provides that the Act shall no longer apply if the federal government enacts a law or adopts regulations that establish overlapping requirements for developers of frontier models.

Creates the Artificial Intelligence Design Requirements 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.

Creates the Chatbot Response Liability Act. Provides that a proprietor of a chatbot that is used as an alternative to a human representative or that provides any substantive response, information, advice, or action may not disclaim liability if the chatbot provides materially misleading, incorrect, contradictory, or harmful information that results in financial loss or other demonstrable harm or that results in bodily harm to the covered user or any third party. Provides that a proprietor of a chatbot shall provide clear, conspicuous, and explicit notice to covered users that the covered users are interacting with an artificial intelligence chatbot program rather than a human. Sets forth requirements for proprietors of companion chatbots, including parental consent for the use of companion chatbots by minors. Requires the Attorney General to adopt rules to determine commercially reasonable and technically feasible methods for proprietors of companion chatbots to comply with the Act. Effective one year after becoming law.

Amends the Criminal Code of 2012. Provides that a person also commits harassment through electronic communications when he or she uses electronic communication to transmit to any person a deepfake with intent to harass. Defines "deepfake".

Supports the principles put forth by Illinois ASCD/PD365 regarding the ethical and effective use of artificial intelligence in K-12 classrooms. Urges the Illinois State Board of Education (ISBE), in collaboration with school districts, educators, technology experts, and stakeholder organizations, to develop statewide guidelines for the ethical and responsible use of artificial intelligence in education, including protections for student data, expectations for algorithmic transparency, monitoring for bias, and the incorporation of digital and AI literacy into Illinois curricula to ensure students can thoughtfully and ethically engage with emerging technologies. Encourages investment in educator professional development and equitable access to technology, including broadband infrastructure, one-to-one devices, and AI-enabled tools to ensure that all Illinois educators and students are prepared to use artificial intelligence responsibly, effectively, and fairly across all schools.

Creates the Surveillance-Based Price Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Sets forth exemptions to the provision. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations.

Creates the Professional AI Oversight Act. Defines terms. Provides that a licensee shall prominently disclose when a person who is paying for a service provided by the licensee is interacting with artificial intelligence. Provides that the disclosure shall (i) be provided verbally at the start of an oral exchange or conversation and in writing before a written exchange and (ii) notify the person of the specific purpose of the artificial intelligence that will be used in the interaction. Sets forth rulemaking authority for the Department of Financial and Professional Regulation. Provides that any individual, corporation, or entity found in violation of the Act shall pay a civil penalty to the Department in an amount not to exceed $2,500 per violation, as determined by the Department, with penalties assessed based on the degree of harm and the circumstances of the violation. Provides that an individual, corporation, or entity that is found in violation of the Act shall pay the civil penalty within 60 days after the date of the issuance of an order by the Department imposing the civil penalty. Provides that the Department's order shall constitute a judgment and may be filed and executed in the same manner as any judgment from a court of record. Provides that the Department may investigate any actual, alleged, or suspected violation of the Act. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for any person to use, prompt, or otherwise cause artificial intelligence to interact with a person while engaging in trade and commerce without clearly and conspicuously disclosing to the person with whom the artificial intelligence interacts, if asked or prompted by that person, that the person is interacting with artificial intelligence and not a human. Effective January 1, 2027.

Creates the Transparency in Frontier Artificial Intelligence Act. Requires large frontier artificial intelligence developers to adopt and publish a frontier artificial intelligence framework addressing catastrophic risk management, transparency, and cybersecurity. Mandates reporting of critical safety incidents to the Attorney General and establishes civil penalties for noncompliance. Directs the Department of Innovation and Technology to review and recommend updates to definitions and standards. Creates a consortium to develop ILCompute, a public cloud computing resource that advances the development and deployment of artificial intelligence that is safe, ethical, equitable, and sustainable. Exempts specified information under the Freedom of Information Act. Makes conforming changes to the Freedom of Information Act.