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Full Text of HB3567
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HB3567 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3567
Introduced 2/18/2025, by Rep. Amy Briel
SYNOPSIS AS INTRODUCED:
New Act
Creates the Meaningful Human Review of Artificial Intelligence Act.
Sets forth provisions prohibiting a State agency, or any entity acting on
behalf of an agency, from utilizing or applying any automated
decision-making system, directly or indirectly, without continuous
meaningful human review when performing any of the agency's specified
functions. Requires impact assessments to be performed by State agencies
seeking to utilize or apply an automated decision-making system with
continuous meaningful human review. Provides that the impact assessment
shall include a description of the objectives of the automated
decision-making system; an evaluation of the ability of the automated
decision-making system to achieve its stated objectives; a specified
description and evaluation of the objectives and development of the
automated decision-making; testing of the automated decision-making
system; and the notification mechanism or procedure, if any, by which
individuals impacted by the utilization of the automated decision-making
system may be notified of the use of such automated decision-making system
and of the individual's personal data, and informed of their rights and
options relating to such use. Requires submission of impact assessments to
the Governor and General Assembly.
LRB104 09826 BDA 19894 b
A BILL FOR
HB3567
LRB104 09826 BDA 19894 b
1
AN ACT concerning State government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
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Meaningful Human Review of Artificial Intelligence Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Automated decision-making system" means any software that
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uses algorithms, computational models, or artificial
9
intelligence techniques, or a combination thereof, to
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automate, support, or replace human decision-making.
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"Automated decision-making system" includes, without
12
limitation, systems that process data and apply predefined
13
rules or machine learning algorithms to analyze such data and
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generate conclusions, recommendations, outcomes, assumptions,
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projections, or predictions without meaningful human
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discretion. "Automated decision-making system" does not
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include any software used primarily for basic computerized
18
processes, such as calculators, spellcheck tools, autocorrect
19
functions, spreadsheets, electronic communications, or any
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tool that relates only to internal management affairs, such as
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ordering office supplies or processing payments and that do
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not materially affect the rights, liberties, benefits, safety,
23
or welfare of any individual within the State.
HB3567
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LRB104 09826 BDA 19894 b
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"Meaningful human review" means review, oversight, and
2
control of the automated decision-making process by one or
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more individuals who understand the risks, limitations, and
4
functionality of, and are trained to use, the automated
5
decision-making system and who have the authority to intervene
6
or alter the decision under review, including, but not limited
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to, the ability to approve, deny, or modify any decision
8
recommended or made by the automated system.
9
"State agency" means any Department, public authority,
10
board, bureau, commission, division, office, council,
11
committee, or officer of the State.
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"Public assistance benefit" means any service or program
13
within the control of the State or benefit provided by the
14
State to individuals or households, including, but not limited
15
to, public assistance, cash assistance, grants, child care
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assistance, housing assistance, unemployment benefits,
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transportation benefits, education assistance, domestic
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violence services, and any other assistance or benefit within
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the authority of the State to grant to individuals within the
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State. "Public assistance benefit" does not include any
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federal program that is administered by the federal government
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or the State.
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Section 10.
Use of automated decision-making systems by
24
agencies.
25
(a) A State agency, or any entity acting on behalf of an
HB3567
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LRB104 09826 BDA 19894 b
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agency, shall not utilize or apply any automated
2
decision-making system, directly or indirectly, without
3
continuous meaningful human review when performing any
4
function that:
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(1) is related to the delivery of any public
6
assistance benefit;
7
(2) will have a material impact on the rights, civil
8
liberties, safety, or welfare of any individual within the
9
State; or
10
(3) affects any statutorily or constitutionally
11
provided right of an individual who shall use the
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automated decision-making system unless the system is
13
subject to continuous meaningful human review.
14
(b) A State agency shall not authorize any procurement,
15
purchase, or acquisition of any service or system utilizing,
16
or relying on, automated decision-making systems in performing
17
any function that is:
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(1) related to the delivery of any public assistance
19
benefit;
20
(2) will have a material impact on the rights, civil
21
liberties, safety, or welfare of any individual within the
22
State; or
23
(3) affects any statutorily or constitutionally
24
provided right of an individual unless such automated
25
decision-making system is subject to continuous meaningful
26
human review.
HB3567
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LRB104 09826 BDA 19894 b
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(c) The use of an automated decision-making system shall
2
not affect:
3
(1) the existing rights of employees pursuant to an
4
existing collective bargaining agreement; or
5
(2) the existing representational relationships among
6
employee organizations or the bargaining relationships
7
between the employer and an employee organization. The use
8
of an automated decision-making system shall not result in
9
the:
10
(A) discharge, displacement, or loss of position,
11
including partial displacement, such as a reduction in
12
the hours of non-overtime work, wages, or employment
13
benefits, or result in the impairment of existing
14
collective bargaining agreements;
15
(B) transfer of existing duties and functions
16
currently performed by employees of the State or any
17
agency or public authority to an automated
18
decision-making system; or
19
(C) transfer of future duties and functions
20
ordinarily performed by employees of the State or any
21
agency or public authority. The use of an automated
22
decision-making system shall not alter the rights,
23
benefits, and privileges, including, but not limited
24
to, terms and conditions of employment, civil service
25
status, and collective bargaining unit membership
26
status of all existing employees of the State or any
HB3567
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LRB104 09826 BDA 19894 b
1
agency or public authority shall be preserved and
2
protected.
3
Section 15.
Impact assessments.
4
(a) State agencies seeking to utilize or apply an
5
automated decision-making system permitted under Section 10 of
6
this Act with continuous meaningful human review shall conduct
7
an impact assessment bearing the signature of one or more
8
individuals responsible for meaningful human review for the
9
lawful application and use of the automated decision-making
10
system. Following the first impact assessment, an impact
11
assessment shall be conducted in accordance with this Section
12
at least once every 2 years. An impact assessment shall be
13
conducted prior to any material change to the automated
14
decision-making system that may change the outcome or effect
15
of such system. Such impact assessments shall include:
16
(1) a description of the objectives of the automated
17
decision-making system;
18
(2) an evaluation of the ability of the automated
19
decision-making system to achieve its stated objectives;
20
(3) a description and evaluation of the objectives and
21
development of the automated decision-making including:
22
(A) a summary of the underlying algorithms,
23
computational modes, and artificial intelligence tools
24
that are used within the automated decision-making
25
system; and
HB3567
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LRB104 09826 BDA 19894 b
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(B) the design and training data used to develop
2
the automated decision-making system process;
3
(4) testing for:
4
(A) accuracy, fairness, bias, and discrimination
5
and an assessment of whether the use of the automated
6
decision-making system produces discriminatory results
7
on the basis of a consumer's or a class of consumers'
8
actual or perceived race, color, ethnicity, religion,
9
national origin, sex, gender, gender identity, sexual
10
orientation, familial status, biometric information,
11
lawful source of income, or disability and outlines
12
mitigations for any identified performance differences
13
in outcomes across relevant groups impacted by such
14
use;
15
(B) any cybersecurity vulnerabilities and privacy
16
risks resulting from the deployment and use of the
17
automated decision-making system and the development
18
or existence of safeguards to mitigate the risks;
19
(C) any public health or safety risks resulting
20
from the deployment and use of the automated
21
decision-making system;
22
(D) any reasonably foreseeable misuse of the
23
automated decision-making system and the development
24
or existence of safeguards against such misuse;
25
(E) the extent to which the deployment and use of
26
the automated decision-making system requires input of
HB3567
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LRB104 09826 BDA 19894 b
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sensitive and personal data, how that data is used and
2
stored, and any control users may have over their
3
data; and
4
(5) the notification mechanism or procedure, if any,
5
by which individuals impacted by the utilization of the
6
automated decision-making system may be notified of the
7
use of such automated decision-making system and of the
8
individual's personal data, and informed of their rights
9
and options relating to such use.
10
(b) Notwithstanding applicable law, if an impact
11
assessment finds that the automated decision-making system
12
produces discriminatory or biased outcomes, the State agency
13
shall cease any utilization, application, or function of such
14
automated decision-making system and of any information
15
produced using the system.
16
Section 20.
Submission to the Governor and General
17
Assembly.
18
(a) Each impact assessment conducted pursuant to this Act
19
shall be submitted to the Governor, the President of the
20
Senate, and the Speaker of the House at least 30 days prior to
21
the implementation of the automated decision-making system
22
that is the subject of such assessment.
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(b)(1) The impact assessment of an automated
24
decision-making system shall be published on the Internet
25
website of the relevant State agency.
HB3567
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LRB104 09826 BDA 19894 b
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(2) If the State agency makes a determination that the
2
disclosure of any information required in the impact
3
assessment would result in a substantial negative impact on
4
health or safety of the public, infringe upon the privacy
5
rights of individuals, or significantly impair the State
6
agency's ability to protect its information technology or
7
operational assets, such State agency may redact such
8
information, provided that an explanatory statement on the
9
process by which the State agency made such determination is
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published along with the redacted impact assessment.
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(3) If the impact assessment covers any automated
12
decision-making system that includes technology that is used
13
to prevent, detect, protect against, or respond to security
14
incidents, identity theft, fraud, harassment, malicious or
15
deceptive activities, or other illegal activity; preserve the
16
integrity or security of systems; or to investigate, report,
17
or prosecute those responsible for any such malicious or
18
deceptive action, a State agency may redact the information,
19
so long as an explanatory statement on the process by which the
20
State agency made such determination is published along with
21
the redacted impact assessment.
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