WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
(J) Artificial IntelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J). "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J)" has the same meaning as used in Article 2 of this Act.
This section adds a new defined term — Artificial intelligence — to the Article 3 definitions applicable to real estate transactions. Rather than creating an independent definition, the bill cross-references the definition of artificial intelligence in Article 2 of the Illinois Human Rights Act, which was added by HB 3773 in the employment-discrimination context. This cross-reference means the scope of "artificial intelligence" in the real estate context will track whatever definition Article 2 uses, including any future amendments to that definition.
(I) 1 Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J). Use artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J) in a real estate transactionReal estate transaction"Real estate transaction" includes the sale, exchange, rental or lease of real property, or any act that otherwise makes available such a transaction or alters a person's rights to real property. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance: (1) for purchasing, constructing, improving, repairing or maintaining a dwelling; or (2) secured by residential real estate.775 ILCS 5/3-101(B) without providing notice to the other person engaging in the real estate transactionReal estate transaction"Real estate transaction" includes the sale, exchange, rental or lease of real property, or any act that otherwise makes available such a transaction or alters a person's rights to real property. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance: (1) for purchasing, constructing, improving, repairing or maintaining a dwelling; or (2) secured by residential real estate.775 ILCS 5/3-101(B) that the owner, real estate broker or salesmanReal estate broker or salesman"Real estate broker or salesman" means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds oneself out as engaged in these.775 ILCS 5/3-101(D), or agent of one of them is using artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J) to conduct the real estate transactionReal estate transaction"Real estate transaction" includes the sale, exchange, rental or lease of real property, or any act that otherwise makes available such a transaction or alters a person's rights to real property. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance: (1) for purchasing, constructing, improving, repairing or maintaining a dwelling; or (2) secured by residential real estate.775 ILCS 5/3-101(B). The Department shall adopt any rules necessary for the implementation and enforcement of this subdivision, including, but not limited to, rules on the circumstances and conditions that require notice, the time period for providing notice, and the means for providing notice.
This section adds a new subdivision (I) to the existing list of civil rights violations in real estate transactions. The new provision makes it a civil rights violation for an owner, real estate broker or salesman, or agent to use artificial intelligence in a real estate transaction without notifying the other party. The notice obligation is broadly scoped — it applies to any use of AI to "conduct" a real estate transaction, without limiting the trigger to adverse decisions or discriminatory outcomes. The Department of Human Rights is directed to adopt rules specifying the circumstances, timing, and means for providing notice.
(E) Artificial IntelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J). "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J)" has the same meaning as used in Article 2 of this Act.
This section adds a definition of Artificial intelligence to the Article 4 definitions applicable to financial institutions, loans, and credit cards. Like the Article 3 amendment, the definition cross-references Article 2 of the IHRA rather than creating an independent definition.
(G) 2 Use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J). To fail to inform an applicant for a loan if the financial institutionFinancial institution"Financial institution" means any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this State.775 ILCS 5/4-101(B) used artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J) to process the application.
This section adds a new subdivision (G) to the existing list of civil rights violations related to loans. Financial institutions must inform loan applicants if artificial intelligence was used to process their application. Unlike the credit card provision in Section 4-103, this disclosure obligation is not conditioned on applicant request — the financial institution must affirmatively inform the applicant. The provision applies to any financial institution that uses AI to process a loan application, regardless of whether the application was approved or denied.
(C) 3 Use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J). To fail to inform an applicant for a credit card, upon request, if the person used artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J) to process the application.
This section adds a new subdivision (C) to the existing list of civil rights violations related to credit cards. Credit card issuers must inform applicants, upon request, if artificial intelligence was used to process their application. This is a narrower obligation than the loan-processing disclosure in Section 4-102, which requires affirmative disclosure without an applicant request. The upon-request trigger parallels the existing subdivision (B), which requires credit card issuers to inform applicants upon request of the reason for a rejection.
4 Sec. 4-105. Rules. The Department shall adopt any rules necessary for the implementation and enforcement of the notice provision in Sections 4-102 and 4-103, including, but not limited to, rules on the circumstances and conditions that require notice, the time period for providing notice, and the means for providing notice.
This is an entirely new section directing the Department of Human Rights to adopt rules necessary for implementing and enforcing the AI notice provisions in Sections 4-102 and 4-103. The rulemaking delegation mirrors the delegation in the real estate provision (§ 3-102(I)) and covers the same three areas: circumstances and conditions requiring notice, the time period for providing notice, and the means for providing notice. Until these rules are adopted, the substantive obligations in §§ 4-102(G) and 4-103(C) may be difficult to enforce in practice.
(D) Artificial IntelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J). "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J)" has the same meaning as used in Article 2 of this Act.
This section adds a definition of Artificial intelligence to the Article 5 definitions applicable to places of public accommodation. As with Articles 3 and 4, the definition cross-references Article 2 of the IHRA.
(D) 5 Use of Artificial IntelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J). To fail to inform a person seeking a place of public accommodationPlace of public accommodation"Place of public accommodation" includes, but is not limited to: (1) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (2) a restaurant, bar, or other establishment serving food or drink; (3) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (4) an auditorium, convention center, lecture hall, or other place of public gathering; (5) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (6) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (7) public conveyances on air, water, or land; (8) a terminal, depot, or other station used for specified public transportation; (9) a museum, library, gallery, or other place of public display or collection; (10) a park, zoo, amusement park, or other place of recreation; (11) a non-sectarian nursery, day care center, elementary, secondary, undergraduate, or postgraduate school, or other place of education; (12) a senior citizen center, homeless shelter, food bank, non-sectarian adoption agency, or other social service center establishment; and (13) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.775 ILCS 5/5-101(A) that the place of public accommodationPlace of public accommodation"Place of public accommodation" includes, but is not limited to: (1) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (2) a restaurant, bar, or other establishment serving food or drink; (3) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (4) an auditorium, convention center, lecture hall, or other place of public gathering; (5) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (6) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (7) public conveyances on air, water, or land; (8) a terminal, depot, or other station used for specified public transportation; (9) a museum, library, gallery, or other place of public display or collection; (10) a park, zoo, amusement park, or other place of recreation; (11) a non-sectarian nursery, day care center, elementary, secondary, undergraduate, or postgraduate school, or other place of education; (12) a senior citizen center, homeless shelter, food bank, non-sectarian adoption agency, or other social service center establishment; and (13) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.775 ILCS 5/5-101(A) uses artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as used in Article 2 of this Act.775 ILCS 5/3-101(J) to determine whether the person seeking a place of public accommodationPlace of public accommodation"Place of public accommodation" includes, but is not limited to: (1) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (2) a restaurant, bar, or other establishment serving food or drink; (3) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (4) an auditorium, convention center, lecture hall, or other place of public gathering; (5) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (6) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (7) public conveyances on air, water, or land; (8) a terminal, depot, or other station used for specified public transportation; (9) a museum, library, gallery, or other place of public display or collection; (10) a park, zoo, amusement park, or other place of recreation; (11) a non-sectarian nursery, day care center, elementary, secondary, undergraduate, or postgraduate school, or other place of education; (12) a senior citizen center, homeless shelter, food bank, non-sectarian adoption agency, or other social service center establishment; and (13) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.775 ILCS 5/5-101(A) is permitted to enjoy the full and equal enjoyment of its facilities, goods, and services.
(D) — Rulemaking 5 The Department shall adopt any rules necessary for the implementation and enforcement of this subdivision, including, but not limited to, rules on the circumstances and conditions that require notice, the time period for providing notice, and the means for providing notice.
This section adds a new subdivision (D) to the existing list of civil rights violations related to public accommodations. Places of public accommodation must inform persons seeking access that artificial intelligence is used to determine whether the person is permitted to enjoy the full and equal enjoyment of the establishment's facilities, goods, and services. The obligation is notably narrow in scope — it applies only when AI is used in the access-determination function (i.e., deciding whether someone may enjoy facilities), not when AI is used in other operational capacities. The Department of Human Rights is directed to adopt implementing rules on circumstances, timing, and means of notice.