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Illinois: Bill for Commercial Algorithmic Impact Assessments Act referred to the Rules Committee

On February 9, 2024, House Bill (HB) 5322 was filed in the State Senate, read for the first time, and thereafter referred to the Rules Committee on the same date.

What is the scope of the bill?

The bill would apply to developers and deployers of automated decision tools. The bill defines 'deployer' as a person, partnership, State or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision. On the other hand, 'developer' is defined as a person, partnership, State or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence (AI) system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer.

An 'automated decision tool' is defined as a system or service that uses AI and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making consequential decisions.

However, the bill exempts from its obligations a deployer with fewer than 50 employees unless, as of the end of the prior calendar year, the deployer deployed an automated decision tool that affected more than 999 people per year.

What are the main provisions of the bill?

The bill would impose the following obligations on deployers and developers of an automated decision tool:

  • complete and document, by January 1, 2026, and annually thereafter, an assessment that summarizes the nature and extent of that tool, how it is used, and assessment of its risks among other things;
  • upon the request of the Illinois Attorney General (AG), a developer or deployer must provide the AG with any impact assessment performed that is exempt from the Freedom of Information Act; and
  • a developer must provide a deployer with a statement regarding the intended uses of the automated decision tool and documentation regarding all of the following:
    • the known limitations of the automated decision tool, including any reasonably foreseeable risks of algorithmic discrimination arising from its intended use;
    • a description of the types of data used to program or train the automated decision tool; and
    • a description of how the automated decision tool was evaluated for validity and the ability to be explained before sale or licensing.

Furthermore, the bill would provide that developers must make publicly available, in a readily accessible manner, a clear policy that provides a summary of the type of automated decision tools currently made available to others, and how the developer manages the reasonably foreseeable risks of algorithmic discrimination from the use of the automated decision tools.

You can read the bill here and track its progress here.

Update: March 20, 2024

Bill assigned to Committee

On March 12, 2024, the bill was assigned to the Executive Committee in the House of Representatives.

You can read the bill here and track its progress here.

Update: April 23, 2024

Bill re-referred to Rules Committee

On April 5, 2024, the bill was re-referred to the Rules Committee. The bill was previously assigned to the Executive Committee on March 12, 2024.

You can read the bill here and track its progress here.