WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this Act: "Algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law.Section 5" means the condition in which an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Section 5, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system or technology operating on datasets that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.Section 5" means a machine-based system or technology operating on datasets that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment. "Automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5" means a system or service that uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system or technology operating on datasets that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment.Section 5 and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisionsConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. "Consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties. "DeployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5" means a person, partnership, State or local government agency, or corporation that uses an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 to make a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. "Impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5" means a documented risk-based evaluation of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that meets the criteria of Section 10. "SexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Section 5" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation. "Significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that includes changes to its use case, key functionality, or expected outcomes.Section 5" means a new version, new release, or other update to an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that includes changes to its use case, key functionality, or expected outcomes.
Section 5 establishes the definitional framework for the Act. Key defined terms include automated decision tool (an AI system specifically developed or modified to make or control consequential decisions), deployer (any person, partnership, government agency, or corporation that uses such a tool), consequential decision (spanning eleven high-stakes domains from employment to voting), and algorithmic discrimination (unjustified differential treatment across protected classifications). The definition of deployer is notably broad, encompassing both private and governmental entities.
(a) 1 On or before January 1, 2026, and annually thereafter, a deployer of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 shall perform an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 for any automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 uses that includes all of the following: (1) a statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 and its intended benefits, uses, and deployment contexts; (2) a description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5's outputs and how they are used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5; (3) a summary of the type of data collected from natural persons and processed by the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 when it is used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5; (4) an analysis of potential adverse impacts on the basis of sexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Section 5, race, color, ethnicity, religion, age, national origin, limited English proficiency, disability, veteran status, or genetic information from the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5's use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (5) a description of the safeguards implemented, or that will be implemented, by the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 to address any reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law.Section 5 arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 known to the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 at the time of the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5; (6) a description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 will be used by a natural person, or monitored when it is used, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5; and (7) a description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 has been or will be evaluated for validity or relevance.
(b) 2 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall, in addition to the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 required by subsection (a), perform, as soon as feasible, an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 with respect to any significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that includes changes to its use case, key functionality, or expected outcomes.Section 5.
(c) This Section does not apply to a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 with fewer than 25 employees unless, as of the end of the prior calendar year, the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 deployed an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that impacted more than 999 people per year.
Section 10 imposes the Act's core pre-deployment and recurring bias-assessment obligation. Beginning January 1, 2026, deployers must perform an annual impact assessment for every automated decision tool they use, covering the tool's purpose, outputs, data types, potential adverse impacts across protected characteristics, discrimination safeguards, human oversight components, and validation methodology. A supplemental impact assessment must be performed as soon as feasible after any significant update to the tool.
A small-deployer exemption applies: entities with fewer than 25 employees are exempt unless the tool impacted more than 999 people in the prior calendar year.
(a) 3 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall, at or before the time an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 is used to make a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5, notify any natural person who is the subject of the consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5 that an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 is being used to make, or be a controlling factor in making, the consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall provide to a natural person notified under this subsection all of the following: (1) a statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (2) the contact information for the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; and (3) a plain language description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that includes a description of any human components and how any automated component is used to inform a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5.
(b) 4 If a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5 is made solely based on the output of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall, if technically feasible, accommodate a natural person's request to not be subject to the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 and to be subject to an alternative selection process or accommodation. After a request is made under this subsection, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 may reasonably request, collect, and process information from a natural person for the purposes of identifying the person and the associated consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. If the person does not provide that information, the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall not be obligated to provide an alternative selection process or accommodation.
Section 15 establishes two distinct individual-facing obligations. Subsection (a) requires deployers to notify any natural person who is the subject of a consequential decision that an automated decision tool is being used, along with the tool's purpose, deployer contact information, and a plain-language description of the tool including its human and automated components. This notice must be provided at or before the time the tool is used.
Subsection (b) creates an opt-out right: where a consequential decision is made solely by an automated decision tool, the deployer must accommodate a request not to be subject to the tool and to instead receive an alternative selection process, if technically feasible. The deployer may collect identifying information to process the request but is relieved of the accommodation obligation if the individual declines to provide it.
(a) 5 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall establish, document, implement, and maintain a governance program that contains reasonable administrative and technical safeguards to map, measure, manage, and govern the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law.Section 5 associated with the use or intended use of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5. The safeguards required by this subsection shall be appropriate to all of the following: (1) the use or intended use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (2) the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5's role as a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; (3) the size, complexity, and resources of the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; (4) the nature, context, and scope of the activities of the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 in connection with the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; and (5) the technical feasibility and cost of available tools, assessments, and other means used by a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 to map, measure, manage, and govern the risks associated with an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5.
(b) 5 The governance program required by this Section shall be designed to do all of the following: (1) identify and implement safeguards to address reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law.Section 5 resulting from the use or intended use of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (2) if established by a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5, provide for the performance of impact assessmentsImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 as required by Section 10; (3) conduct an annual and comprehensive review of policies, practices, and procedures to ensure compliance with this Act; (4) maintain for 2 years after completion the results of an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5; and (5) evaluate and make reasonable adjustments to administrative and technical safeguards in light of material changes in technology, the risks associated with the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5, the state of technical standards, and changes in business arrangements or operations of the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5.
(c) 6 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall designate at least one employee to be responsible for overseeing and maintaining the governance program and compliance with this Act. An employee designated under this subsection shall have the authority to assert to the employee's employer a good faith belief that the design, production, or use of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 fails to comply with the requirements of this Act. An employer of an employee designated under this subsection shall conduct a prompt and complete assessment of any compliance issue raised by that employee.
(d) This Section does not apply to a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 with fewer than 25 employees unless, as of the end of the prior calendar year, the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 deployed an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that impacted more than 999 people per year.
Section 20 requires deployers to establish, document, implement, and maintain an AI governance program with reasonable administrative and technical safeguards to map, measure, manage, and govern the reasonably foreseeable risks of algorithmic discrimination. The safeguards must be proportionate to the tool's use, the deployer's role, size, complexity, and the technical feasibility and cost of available mitigation measures.
The governance program must incorporate impact assessment procedures, annual compliance reviews, two-year retention of impact assessment results, and ongoing adjustment of safeguards in light of material changes. Deployers must also designate at least one employee to oversee the program with authority to raise compliance concerns, and the employer must promptly and completely assess any issue raised. The same small-deployer exemption from Section 10 applies.
7 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall make publicly available, in a readily accessible manner, a clear policy that provides a summary of both of the following: (1) the types of automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 currently in use or made available to others by the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; and (2) how the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 manages the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law.Section 5 that may arise from the use of the automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 it currently uses or makes available to others.
Section 25 requires deployers to publish a readily accessible public policy summarizing the types of automated decision tools they currently use or make available to others, and how they manage the reasonably foreseeable risks of algorithmic discrimination arising from those tools. This is a standing transparency obligation distinct from the impact assessment filing required under Section 35.
(a) 8 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall not use an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that results in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law.Section 5.
(b)–(c) 8 On and after January 1, 2027, a person may bring a civil action against a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 for violation of this Section. In an action brought under this subsection, the plaintiff shall have the burden of proof to demonstrate that the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5's use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 resulted in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law.Section 5 that caused actual harm to the person bringing the civil action. In addition to any other remedy at law, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 that violates this Section shall be liable to a prevailing plaintiff for any of the following: (1) compensatory damages; (2) declaratory relief; and (3) reasonable attorney's fees and costs.
Section 30 prohibits deployers from using an automated decision tool that results in algorithmic discrimination. Beginning January 1, 2027, any person may bring a private civil action for a violation, but must demonstrate that the deployer's use of the tool resulted in algorithmic discrimination causing actual harm. Remedies include compensatory damages, declaratory relief, and reasonable attorney's fees and costs.
(a) 9 Within 60 days after completing an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 required by this Act, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall provide the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 to the Department of Human Rights.
(b) 9 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 who knowingly violates this Section shall be liable for an administrative fine of not more than $10,000 per violation in an administrative enforcement action brought by the Department of Human Rights. Each day on which an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 is used for which an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 has not been submitted as required under this Section shall give rise to a distinct violation of this Section.
(c) The Department of Human Rights may share impact assessmentsImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 with other State entities as appropriate.
Section 35 requires deployers to submit completed impact assessments to the Department of Human Rights within 60 days of completion. Knowing violations are subject to administrative fines of up to $10,000 per violation, with each day the tool is used without a submitted assessment constituting a distinct violation. The Department may share assessments with other State entities as appropriate.
(a) The Attorney General may bring a civil action in the name of the people of the State of Illinois against a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 for a violation of this Act.
(b) A court may award in an action brought under this Section all of the following: (1) injunctive relief; (2) declaratory relief; and (3) reasonable attorney's fees and litigation costs.
(b) [second] The Attorney General, before commencing an action under this Section for injunctive relief, shall provide 45 days' written notice to a deployer of the alleged violations of this Act. The deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 may cure, within 45 days after receiving the written notice described in this subsection, the noticed violation and provide the person who gave the notice an express written statement, made under penalty of perjury, that the violation has been cured and that no further violations shall occur. If the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 cures the noticed violation and provides the express written statement, a claim for injunctive relief shall not be maintained for the noticed
Section 40 authorizes the Attorney General to bring civil actions against deployers for any violation of the Act. Available remedies include injunctive relief, declaratory relief, and reasonable attorney's fees and litigation costs. A 45-day pre-suit notice and cure period applies before the AG may commence an action for injunctive relief — if the deployer cures and provides a sworn statement that the violation is corrected and will not recur, the injunctive-relief claim may not proceed. The bill text as introduced appears to contain a duplicated subsection label (two subsection (b) designations).