Sen. Sue Rezin

Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that before electronic cigarettes may be sold in the State, each manufacturer of such products shall register its electronic cigarette products with the Department of Revenue and shall submit an affidavit to the Department of Revenue. Describes the form of the affidavit. Provides that the information in the affidavit shall be compiled in a registry maintained by the Department of Revenue, updated daily, and made publicly available on the Department's website. Provides that the Department of Revenue, the Department of Public Health, the Attorney General, and local law enforcement agencies shall enforce these provisions by seizing electronic cigarette products that are not in compliance. Provides that the Department of Revenue shall adopt rules to enforce these provisions. Provides that a manufacturer who violates these provisions is guilty of a Class A misdemeanor. Effective immediately.

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 Illinois Consumer Data Privacy Act. Establishes certain consumer rights relating to personal data, including the rights to confirm whether data is being processed, to correct any inaccuracies in the consumer's personal data, to delete personal data provided by the consumer, to obtain a copy of the consumer's personal data that was previously provided, and to opt out of targeted advertising, the sale of data, or profiling of the consumer. Defines terms. Applies to persons who conduct business in Illinois or produce products or services that are targeted to Illinois residents and that during a calendar year control or process personal data of at least 100,000 consumers or 25,0000 consumers and derive over 50% of gross revenue from the sale of personal data. Creates requirements for persons or entities that control and process consumer data. Exempts certain persons or entities from the provisions of the Act. Provides that the Attorney General has exclusive authority to enforce the consumer data privacy rights. Creates the Consumer Privacy Fund to be administered by the Office of the Attorney General. Amends the Freedom of Information Act. Exempts from disclosure data protection impact assessments created under the Illinois Consumer Data Privacy Act. Makes a conforming change in the State Finance Act.

Amends the Personal Information Protection Act. Provides that, annually, on or before January 31, a data broker operating in the State shall register with the Attorney General. Provides that, in registering with the Attorney General, a data broker shall pay a registration fee in an amount determined by the Attorney General and shall also provide specified information. Provides that the Attorney General shall create a page on its Internet website where the registration information shall be made accessible to the public. Provides for civil penalties. Provides that all moneys received by the Attorney General under the provisions shall be deposited into the Data Broker Registry Fund to offset all reasonable costs of enforcing the registration requirements and establishing and maintaining the Internet website. Amends the State Finance Act to create the Data Broker Registry Fund.

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.

Creates the Consumer Data Privacy Act. Establishes certain consumer rights relating to personal data, including the rights to confirm whether data is being processed, to correct any inaccuracies in the consumer's personal data, to delete personal data provided by the consumer, to obtain a copy of the consumer's personal data that was previously provided, and to opt out of targeted advertising, the sale of data, or profiling of the consumer. Defines terms. Applies to persons who conduct business in Illinois or produce products or services that are targeted to Illinois residents and that during the a calendar year control or process person data of at least 100,000 consumers or 25,0000 consumers and derives over 50% of gross revenue from the sale of personal data. Makes requirements for persons or entities that control and process consumer data and also exempts certain persons or entities from the statutory provisions of the Act. Provides that the Attorney General has exclusive authority to enforce the consumer data privacy rights. Creates the Consumer Privacy Fund to be administered by the Office of the Attorney General. Amends the Freedom of Information Act. Exempts from disclosure data protection impact assessments done under the Illinois Consumer Data Privacy Act. Makes a conforming change in the State Finance Act.

Creates the Adult Content Age Verification Act. Provides that a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of material harmful to minors shall be subject to civil penalties if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material. Provides that the Attorney General may investigate alleged violations and initiate a civil action for an injunction and to assess civil penalties. Provides that the civil penalties shall be deposited into the Cyber Exploitation of Children Fund, which shall be expended for the investigation of cybercrimes involving the exploitation of children. Amends the State Finance Act to make a conforming change.

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.

Amends the Counties Code. Provides that, beginning July 1, 2026, each State's Attorney whose term begins after July 1, 2026 shall be compensated at the rate of 100% of the mean of the amount paid to the resident circuit judges in the county courthouse for the State's Attorney.. Provides that the State shall furnish 66 2/3% of the total annual compensation to be paid to each State's Attorney in the State based on the salary in effect on December 31, 1988, and 100% of the increases in salary taking effect after December 31, 1988. Provides that the amount shall be paid from the Personal Property Tax Replacement Fund. Provides that the county shall be responsible for the State and federal income tax reporting and withholding and the employer contributions under the Illinois Pension Code.

Creates the Artificial Intelligence Public Safety and Child Protection Transparency Act. Provides that a frontier artificial intelligence model developer or large chatbot provider shall write, implement, comply with, and clearly and conspicuously publish on its website a public safety and child protection plan. Provides that the Attorney General shall establish a mechanism to be used by a large frontier developer, a large chatbot provider, or a member of the public to report a safety incident related to specified artificial intelligence models or chatbots. Sets forth provisions concerning the protection of whistleblowers; third party audits of large frontier developers; and civil penalties. Provides for rulemaking by the Attorney General. Effective January 1, 2027.