Bill Status of HB 3773   103rd General Assembly

Short Description:  LIMIT PREDICTIVE ANALYTICS USE

House Sponsors
Rep. Jaime M. Andrade, Jr.-Abdelnasser Rashid, Lilian Jiménez, Jay Hoffman, Dave Vella, Natalie A. Manley, Will Guzzardi, Dagmara Avelar, Barbara Hernandez and Emanuel "Chris" Welch

Senate Sponsors
(Sen. Javier L. Cervantes)


Last Action  View All Actions

DateChamber Action
  8/9/2024HousePublic Act . . . . . . . . . 103-0804

Statutes Amended In Order of Appearance
775 ILCS 5/2-101
775 ILCS 5/2-102from Ch. 68, par. 2-102
815 ILCS 505/2BBBB new

Synopsis As Introduced
Amends the Illinois Human Rights Act. Provides that an employer that uses predictive data analytics in its employment decisions may not consider the applicant's race or zip code when used as a proxy for race to reject an applicant in the context of recruiting, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment. Provides that nothing in the Act shall be construed to prevent the use of predictive data analytics to support the inclusion of diverse candidates in making employment decisions. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow the use of information about the consumer that assigns specific risk factors to the consumer's race or zip code resulting in rejection of credit or other adverse credit-related action to a consumer. Provides that a person or entity that uses predictive data analytics to determine the creditworthiness of more than 50 consumers in a calendar year who are State residents shall devise procedures to ensure that it does not consider information that assigns specific risk factors to a consumer's race or zip code when rejecting or taking other adverse action on a consumer's application for credit. Provides that a person or entity that violates the provisions commits an unlawful practice within the meaning of the Act.

House Committee Amendment No. 1
Makes changes in the definition of "predictive data analytics". Provides that an employer that uses predictive data analytics in its employment decisions may not consider the applicant's biographical information, such as race or zip code, (rather than may not consider the applicant's race or zip code) to reject an applicant in specified contexts.

House Floor Amendment No. 3
Provides that the definition of "predictive data analytics" means the use of automated machine learning algorithms for the purpose of statistically predicting outcomes (rather than statistically analyzing a person's behavior). Provides that nothing in the Act shall be construed to prevent the use of predictive data analytics to support an inclusive and diverse workforce (rather than support the inclusion of diverse candidates in making employment decisions). Makes other changes.

Senate Floor Amendment No. 3
Deletes reference to:
815 ILCS 505/2BBBB new

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Employment Article of the Illinois Human Rights Act. Provides that it is a civil rights violation: (1) with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment, for an employer to use artificial intelligence that has the effect of subjecting employees to discrimination on the basis of protected classes identified under the Article or to use zip codes as a proxy for protected classes identified under the Article; and (2) for an employer to fail to provide notice to an employee that the employer is using artificial intelligence. Defines "artificial intelligence" and "generative artificial intelligence". Removes the amendatory changes to the Consumer Fraud and Deceptive Business Practices Act. Makes other changes. Adds a January 1, 2026 effective date.

Actions 
DateChamber Action
  2/17/2023HouseFiled with the Clerk by Rep. Jaime M. Andrade, Jr.
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Labor & Commerce Committee
  3/10/2023HouseRule 19(a) / Re-referred to Rules Committee
  1/31/2024HouseAssigned to Labor & Commerce Committee
  3/26/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jaime M. Andrade, Jr.
  3/26/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/2/2024HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
  4/3/2024HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Jaime M. Andrade, Jr.
  4/3/2024HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  4/3/2024HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
  4/3/2024HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 027-000-000
  4/3/2024HouseHouse Committee Amendment No. 2 Tabled
  4/4/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/5/2024HouseAdded Co-Sponsor Rep. Lilian Jiménez
  4/5/2024HouseAdded Co-Sponsor Rep. Jay Hoffman
  4/5/2024HouseAdded Co-Sponsor Rep. Dave Vella
  4/5/2024HouseAdded Co-Sponsor Rep. Natalie A. Manley
  4/5/2024HouseAdded Co-Sponsor Rep. Will Guzzardi
  4/5/2024HouseAdded Co-Sponsor Rep. Dagmara Avelar
  4/5/2024HouseAdded Co-Sponsor Rep. Barbara Hernandez
  4/16/2024HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jaime M. Andrade, Jr.
  4/16/2024HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/17/2024HouseHouse Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2024HouseHouse Floor Amendment No. 3 Recommends Be Adopted Labor & Commerce Committee; 029-000-000
  4/19/2024HouseHouse Floor Amendment No. 3 Adopted
  4/19/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2024HouseThird Reading - Short Debate - Passed 106-000-001
  4/24/2024SenateArrive in Senate
  4/24/2024SenatePlaced on Calendar Order of First Reading
  4/24/2024SenateChief Senate Sponsor Sen. Javier L. Cervantes
  4/24/2024SenateFirst Reading
  4/24/2024SenateReferred to Assignments
  4/30/2024SenateAssigned to Judiciary
  4/30/2024SenateRule 2-10 Committee Deadline Established As May 10, 2024
  5/7/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Javier L. Cervantes
  5/7/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/8/2024SenateDo Pass Judiciary; 006-003-000
  5/8/2024SenatePlaced on Calendar Order of 2nd Reading May 9, 2024
  5/9/2024SenateSecond Reading
  5/9/2024SenatePlaced on Calendar Order of 3rd Reading
  5/10/2024SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Javier L. Cervantes
  5/10/2024SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/14/2024SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Javier L. Cervantes
  5/14/2024SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/14/2024SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  5/14/2024SenateSenate Floor Amendment No. 2 Pursuant to Senate Rule 3-8(b-1), the following amendment will remain in the Committee on Assignments:
  5/15/2024SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 009-000-000
  5/15/2024SenateRecalled to Second Reading
  5/15/2024SenateSenate Floor Amendment No. 3 Adopted; Cervantes
  5/15/2024SenatePlaced on Calendar Order of 3rd Reading
  5/15/2024SenateThird Reading - Passed; 057-000-000
  5/15/2024SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/15/2024SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/15/2024HouseArrived in House
  5/15/2024HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 3
  5/15/2024HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Jaime M. Andrade, Jr.
  5/15/2024HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/16/2024HouseAdded Chief Co-Sponsor Rep. Abdelnasser Rashid
  5/20/2024HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Labor & Commerce Committee
  5/20/2024HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 028-000-000
  5/21/2024HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  5/24/2024HouseSenate Floor Amendment No. 3 House Concurs 100-015-000
  5/24/2024HouseHouse Concurs
  5/24/2024HousePassed Both Houses
  6/21/2024HouseSent to the Governor
  8/9/2024HouseGovernor Approved
  8/9/2024HouseEffective Date January 1, 2026
  8/9/2024HousePublic Act . . . . . . . . . 103-0804

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