HB3026 102ND GENERAL ASSEMBLY

LRB102 09895 RJF 15213 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3026

Introduced 2/19/2021, by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 100/5-20	from Ch. 127, par. 1005-20

Creates the Surveillance Administrative Law Act. Prohibits the placement of electronic monitoring devices without explicit statutory action by the State of Illinois setting forth the need for the placement of an electronic monitoring device. Amends the Illinois Administrative Procedure Act. Provides that any discretionary power exercised by an agency under the Act shall be exercised in conformity with the Surveillance Administrative Law Act. Defines terms. Provides legislative intent. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Surveillance Administrative Law Act.

Section 5. Legislative intent. The General Assembly asserts that the legislative purpose of this statutory action, and creation of this Act, is to maintain the State's adherence to Section 6 of Article I of the Illinois Constitution, especially the pledge made by the people of Illinois to themselves that, under this Constitution, "the people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means". The General Assembly asserts that the protections enumerated in that Section include protection of the public against visual eavesdropping by means of electronic surveillance, including: (i) surveillance monitored by human observers; (ii) surveillance carried out by artificial-intelligence software; and (iii) surveillance carried out by combinations of artificial-intelligence software and human monitoring.

Section 10. Definitions. As used in this Act:

"Electronic monitoring device" means a surveillance instrument with a fixed position video camera or an audio recording device, or a combination thereof.

"Place of public accommodation" means a place of lodging, food or drink, place of exhibition or entertainment, place of public gathering, retail establishment, service establishment, public conveyance, place of public transportation, place of public display or collection, place of recreation, place of education, social service center establishment, place of exercise or recreation, or any other place to which this definition is applicable under subsection (A) of Section 5-101 of the Illinois Human Rights Act.

Section 15. Administrative surveillance. No action by any administrative authority of the State of Illinois or any of its political subdivisions, including, but not limited to, the exercise of administrative authority under the Illinois Administrative Procedure Act, shall: (i) direct the placement of an electronic monitoring device in or adjacent to a public way, or in or adjacent to a place of public accommodation; or (ii) impose an administrative order or administrative burden upon any third party sufficient to require or to encourage the placement of an electronic monitoring device in or adjacent to a public way, or in or adjacent to a place of public accommodation, without explicit statutory action by the State of Illinois setting forth the need for the placement of an electronic monitoring device in or adjacent to a public way or place of public accommodation for a purpose or purposes enumerated in legislation.

Section 90. The Illinois Administrative Procedure Act is amended by changing Section 5-20 as follows:

(5 ILCS 100/5-20) (from Ch. 127, par. 1005-20)

Sec. 5-20. Implementing discretionary powers. Each rule that implements a discretionary power to be exercised by an agency shall include the standards by which the agency shall exercise the power. The standards shall be stated as precisely and clearly as practicable under the conditions to inform fully those persons affected. Any discretionary power exercised by an agency under this Act shall be exercised in conformity with the Surveillance Administrative Law Act.

(Source: P.A. 87-823.)

Section 99. Effective date. This Act takes effect upon becoming law.