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SB2255 • 2026
SURVEILLANCE DISCRIMINATION
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
SURVEILLANCE DISCRIMINATION
Added as Co-Sponsor Sen. Javier L. Cervantes
Rule 3-9(a) / Re-referred to Assignments
Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
Added as Co-Sponsor Sen. Mike Simmons
Added as Co-Sponsor Sen. Suzy Glowiak Hilton
Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026
Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2026
Added as Co-Sponsor Sen. Lakesia Collins
Added as Co-Sponsor Sen. Christopher Belt
Added as Co-Sponsor Sen. David Koehler
Added as Co-Sponsor Sen. Mike Porfirio
Rule 2-10 Committee Deadline Established As April 24, 2026
Added as Co-Sponsor Sen. Mary Edly-Allen
Added as Co-Sponsor Sen. Graciela Guzmán
Rule 2-10 Committee Deadline Established As March 27, 2026
Added as Co-Sponsor Sen. Paul Faraci
Added as Co-Sponsor Sen. Michael W. Halpin
Added as Co-Sponsor Sen. Rachel Ventura
To AI and Social Media
Senate Committee Amendment No. 1 To AI and Social Media
Senate Committee Amendment No. 1 Assignments Refers to Executive
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters
Senate Committee Amendment No. 1 Referred to Assignments
To AI and Social Media
Re-assigned to Executive
Added as Chief Co-Sponsor Sen. Celina Villanueva
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee Deadline Established As April 11, 2025
To AI and Social Media
Assigned to Executive
Filed with Secretary by Sen. Robert Peters
First Reading
Referred to Assignments
SURVEILLANCE DISCRIMINATION
Illinois General Assembly - Full Text of SB2255 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of SB2255 Home Legislation Full Text SB2255 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Senate Amendment 001 Printer Friendly Version Introduced Senate Amendment 001 Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2255 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: New Act Creates the Surveillance-Based Price and Wage Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. Sets forth exemptions to the provisions. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations. LRB104 08574 SPS 18626 b A BILL FOR SB2255 LRB104 08574 SPS 18626 b 1 AN ACT concerning business. 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 5 Surveillance-Based Price and Wage Discrimination Act. 6 Section 5. Definitions. As used in this Act: 7 "Automated decision system" means any system, software, or 8 process, including one derived from machine learning, 9 statistics, or other data processing or artificial 10 intelligence techniques and excluding passive computing 11 infrastructure, that uses computation, the result of which is 12 used to assist or replace human decision-making. 13 "Behaviors" mean an individual's observable, measurable, 14 or inferred actions, habits, preferences, interests, or 15 vulnerabilities, including an individual's political, 16 personal, or professional affiliations, web browsing history, 17 purchase history, financial circumstances, or consumer 18 behaviors. 19 "Biometric information" means data or information 20 generated by the technological, processing, measurement, or 21 analysis of a consumer's or employee's biological, physical, 22 or behavioral characteristics, that can be used for the 23 purpose of uniquely identifying an individual. "Biometric SB2255 - 2 - LRB104 08574 SPS 18626 b 1 information" includes fingerprints, voiceprints, scans or 2 records of an eye retina or iris, facial maps, facial 3 geometry, facial templates, genetic information, or other 4 unique biological, physical, or behavioral patterns or 5 characteristics. 6 "Consumer" has the meaning set forth in the Consumer Fraud 7 and Deceptive Business Practices Act. 8 "Employee" has the meaning set forth in the Illinois Wage 9 Payment and Collection Act. 10 "Genetic information" has the meaning set forth in the 11 Health Insurance Portability and Accountability Act of 1996, 12 as specified in 45 CFR 160.103. 13 "Individualized" means specific to an individual or group, 14 band, class, or tier of individuals with particular personal 15 characteristics, behaviors, or biometric information. 16 "Insurer" means every person engaged as principal, 17 indemnitor, surety, or contractor in the business of making 18 insurance contracts. 19 "Personal characteristics" means individual qualities, 20 features, attributes, or traits, including immutable 21 characteristics, such as race and eye color, mutable 22 characteristics, such as address, weight, citizenship, or 23 parenthood status, and any other personally identifiable 24 information that could be used to identify an individual, 25 including social security number, name, or phone number. 26 "Price" means the amount charged to a consumer in relation SB2255 - 3 - LRB104 08574 SPS 18626 b 1 to a transaction, including all related costs and fees, and 2 any other material terms of the transaction that has a direct 3 bearing on the amount paid by the consumer or the value of the 4 good or service to the consumer. 5 "Surveillance data" means data obtained through 6 observation, inference, or surveillance of a consumer or 7 employee that is related to personal characteristics, 8 behaviors, or biometric information of the individual or 9 group, band, class, or tier of individuals of which the 10 individual is a part. "Surveillance data" includes information 11 gathered, purchased, or otherwise acquired. 12 "Wage" has the meaning set forth in the Illinois Wage 13 Payment and Collection Act. 14 Section 10. Prohibit surveillance-based price 15 discrimination. 16 (a) A person shall not use surveillance data as part of an 17 automated decision system to inform the individualized price 18 assessed to a consumer for goods or services. A person does not 19 violate this subsection if the person assesses different 20 prices to different consumers based on the cost of providing 21 the good or service to the different consumers. 22 (b) This Section shall not apply to: 23 (1) an insurer in compliance with the Illinois 24 Insurance Code that only uses risk-relevant data as part 25 of an automated decision system that informs decisions SB2255 - 4 - LRB104 08574 SPS 18626 b 1 related to any costs assessed to a consumer for an 2 insurance policy; or 3 (2) an entity that declines to extend credit at 4 specific terms to a consumer or enter into a transaction 5 with a consumer based on data provided in a consumer 6 report in compliance with the Fair Credit Reporting Act. 7 Section 15. Prohibit surveillance-based wage 8 discrimination. 9 (a) A person shall not use surveillance data as part of an 10 automated decision system to inform the individualized wage 11 paid to an employee. A person does not violate this subsection 12 if the person: 13 (1) offered individualized wages based solely on: 14 (A) data specific to the individual employee that 15 is directly related to the tasks the employee was 16 hired to perform; or 17 (B) differences in the cost to the employee of 18 providing labor to the person; 19 (2) discloses in plain language before hiring an 20 employee whose wages are set in whole or in part through 21 automated decision-making what data is considered and how 22 automated decision-making considers that data; and 23 (3) developed and proactively provided to employees 24 reasonable procedures to ensure the accuracy of all data 25 considered by an automated decision-making system in SB2255 - 5 - LRB104 08574 SPS 18626 b 1 setting wage rates, as determined by rule. 2 (b) This Section shall not apply to a person who makes a 3 decision not to hire an employee that the person has not 4 previously employed. 5 Section 20. Enforcement. The Attorney General shall 6 enforce this Act. A person who violates this Act shall be 7 subject to a civil penalty not to exceed $10,000 for each 8 violation and reasonable attorney's fees. A violation of any 9 provision of this Act shall constitute a separate violation 10 with respect to each consumer, employee, or transaction. 11 Section 25. Private right of action. 12 (a) A person aggrieved by a violation of this Act may bring 13 a civil action on behalf of themselves or a group of similarly 14 situated persons to restrain further violations and to recover 15 damages, costs, and reasonable attorney's fees, including the 16 greater of: 17 (1) the amount of actual damages sustained; 18 (2) $3,000 for each violation; or 19 (3) 3 times the amount of actual damages sustained, if 20 it is established by clear and convincing evidence that 21 the person who violated this Act engaged in bad faith 22 conduct or intentionally violated this Act. 23 (b) A violation of any provision of this Act shall 24 constitute a separate violation with respect to each consumer, SB2255 - 6 - LRB104 08574 SPS 18626 b 1 employee, or transaction. 2 Section 30. Relationship with other laws. Nothing in this 3 Act, including the enforcement authority granted to the 4 Attorney General, preempts or otherwise affects any other 5 right, claim, remedy, presumption, or defense available at law 6 or in equity. 7 Section 35. Rulemaking. The Attorney General may adopt 8 rules necessary to implement and enforce this Act. Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. 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