Illinois HB 3773 (Limit Predictive Analytics Use 2023)

• Authority: Illinois
• Parent authority: State governments
• Jurisdiction: United States
• Collections: U.S. state and local documents
• Most recent activity: Enacted
• Most recent activity date: 2024-08-09

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

• Unfair discrimination and misrepresentation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

• Unequal performance across groups
• Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses discrimination and toxicity risks (subdomain 1.1) with good coverage, and has minimal coverage of unequal performance across groups (1.3) and lack of transparency (7.4). The focus is specifically on preventing AI-driven discrimination in employment contexts.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

• Public Administration (excl. National Security)

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

• Agriculture, Mining, Construction & Manufacturing
• Trade, Transportation & Utilities
• Information
• Finance & Insurance
• Real Estate, Rental & Leasing
• Professional & Technical Services
• Scientific Research & Development Services
• Management, Administrative & Support Services
• Educational Services
• Health Care & Social Assistance
• Arts, Entertainment & Recreation
• Accommodation, Food & Other Services

All other sectors had no coverage in this document.

Sectors Summary

This employment discrimination law applies broadly across all economic sectors where employers operate in Illinois, with comprehensive coverage of employment practices. It has universal applicability to public administration (government employers) and private sector employers across all industries, with limited exemptions for religious organizations.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute enacted by the Illinois General Assembly that creates legally enforceable obligations on employers, with enforcement through the Illinois Department of Human Rights and a specific effective date of January 1, 2026.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: Illinois General Assembly; People of the State of Illinois
• Summary: The document is a legislative act formally enacted by the Illinois General Assembly on behalf of the People of the State of Illinois, as indicated in the enacting clause.

Target

• Entity Types: AI_Deployer
• Summary: The legislation specifically targets 'employers' as defined in the Act, which includes any person employing one or more employees, government entities, and parties to public contracts. Employers are regulated in their use of AI for employment decisions, making them AI deployers subject to these requirements.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: The Department (Illinois Department of Human Rights)
• Summary: The Department (referring to the Illinois Department of Human Rights based on context of the Illinois Human Rights Act) is granted authority to adopt rules for implementation and enforcement, conduct investigations, issue notices to show cause, and initiate charges for civil rights violations.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: The Department (Illinois Department of Human Rights)
• Summary: The Department is responsible for monitoring compliance through preliminary investigations, reviewing employer postings and notices, and preparing informational materials about employee rights under the Act.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

• Deploy
• Operate and Monitor

AI Lifecycle Summary

The document focuses primarily on the Deploy and Operate and Monitor stages of the AI lifecycle, regulating how employers deploy and use AI systems in employment contexts and requiring ongoing notification and compliance monitoring. It does not address earlier stages like planning, data collection, or model development.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

• AI Systems
• Generative AI

Technical Scope Summary

The document explicitly defines and covers 'artificial intelligence' and 'generative artificial intelligence' with detailed definitions. It does not mention frontier AI, general purpose AI, task-specific AI, foundation models, open-weight models, or compute thresholds. Despite the title referencing predictive analytics, there is no explicit definition or discussion of predictive AI in the document text.