Illinois Governor Signs Four AI Bills into Law
Even as most state legislatures have adjourned for the year, AI legislation is still being signed into law. Last Friday, Illinois Governor J.B. Britzker (D) signed four AI bills into law addressing sexual deepfakes, providing protections against a person's image or voice being used without their permission, and placing restrictions on AI used in the hiring process.
Illinois joined 31 other states that have enacted deepfake legislation and became the 19th state to enact legislation specifically prohibiting deepfakes of child sexual abuse material after IL HB 4623 was signed into law. The bill amends existing law to clarify that state laws that prohibit child pornography include AI-generated images of children who are engaged in or simulating sexual acts. The bill was pushed by Illinois Attorney General Kwame Raoul who argued the change allows the state to address AI-generated child sexual abuse images in the same way as other child sexual abuse images.
Illinois was one of the first states to address AI In hiring in 2019 when the Artificial Intelligence Video Interview Act, which establishes certain requirements when employers use AI to analyze video interviews made during the hiring process, was signed into law. Under the newly enacted IL HB 3773, Illinois has added a new AI hiring law to its books which prohibits employers from using AI to recruit, hire, or promote individuals if it has the effect of discriminating against people based on a protected class, such as race or gender, or uses zip codes as a proxy for identifying individuals in a protected class. This legislation, which goes into effect on January 1, 2026, also requires employees to provide applicants with notice when AI is used in the hiring process and directs the Illinois Department of Human Rights to adopt any rules necessary to enforce this legislation.
Unlike a similar law in New York City establishing rules for using AI in hiring, IL HB 3773 does not require an audit of any AI used in the hiring process to ensure that discriminatory results are not being produced by AI. The New York City AI hiring law has struggled to be successfully implemented with many employers operating out of compliance, and states have learned from some of those pitfalls.
Two other AI bills signed into law seek to protect an individual's rights to their image and voice. The Digital Voice and Likeness Protection Act (IL HB 4762) prohibits contracts for personal or professional services using a digital replica of a person's image or voice to perform work that would have otherwise been done in person, unless the contract includes a specific description of the intended uses of the digital replica and the individual being replicated was represented by legal counsel or a labor union. Another bill (IL HB 4875) amends the Illinois Right of Publicity Act to prohibit distributing or making available a sound recording or audiovisual work that contains a digital replica of a person’s image or voice without their knowledge, with some limited exceptions under certain circumstances such as news reporting, documentaries, and satire.
Both bills come as individuals in creative industries have raised concerns recently about AI generated images, videos, and recordings being made without their consent. In the last year, individuals who work in creative industries have raised concerns at the prospect of AI being used to replace them. Additionally, this past year has seen high profile incidents of celebrities who claim that their likeness has been used to promote products that they have never endorsed.
This is unlikely to be the last batch of AI legislation signed into law this year. The California Legislature is currently debating several AI bills that would need to make their way to the Governor's desk before the legislature adjourns on August 31. But Illinois provides a roadmap for piecemeal legislation other states could look to follow to take action on perceived harms from AI.
Recent Developments
In the News
NCSL: State lawmakers were part of eight sessions on artificial intelligence at the National Conference of State Legislatures’s annual legislative summit earlier this month. Lawmakers on a bipartisan, multi-state working group said that they hope to see comprehensive AI legislation introduced in a dozen or more states next session.
Major Policy Action
National: The White House announced a new customer service initiative that will, among other things, direct the Consumer Financial Protection Bureau to issue rules to “crack down on ineffective and time-wasting chatbots used by banks and other financial institutions in lieu of customer service.” The Fact Sheet adds that chatbots “should be used to enhance customer service with speedy response times, not used to shirk on basic responsibilities, such as receiving a refund.”
FCC: In July, the Federal Communications Commission advanced a regulation to require the makers of political ads to disclose any use of artificial intelligence. The agency will accept comments until September 4, with reply comments due September 19.
California: On Thursday, the Assembly Committee on Appropriations passed an AI regulation bill (CA SB 1047) with amendments addressing concerns from major AI firms. The amendments replace the creation of a state agency with the formation of a board, lower the threshold from "reasonable care" to "reasonable assurance" that the model does not pose a significant risk, clarify responsibilities for open-source models, and remove the ability of the Attorney General to sue before a catastrophic event has occurred.
Georgia: The Senate Study Committee on Artificial Intelligence met Wednesday to hear how AI could impact its film industry. Committee Chair John Albers considered using Tennessee’s “ELVIS Act” as a model for Georgia to protect a person’s voice from improper use. The Committee will hold a series of meetings the remainder of the year, with the next hearing scheduled for September 12.
Kentucky: The Special Committee Artificial Intelligence Task Force met Tuesday to discuss the use of AI in state government as well as its impact on the workforce. The next hearing will be held September 10.
New York: Attorney General Letitia James (D) issued a report earlier this month weighing the benefits and risks of artificial intelligence, following up on an April symposium with industry experts, academics, and policymakers. The report focuses on healthcare uses, information and misinformation, automated decision-making, and raises concerns about the privacy of data used to train models.
South Dakota: The Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors met Wednesday and discussed potentially using Colorado’s AI law as a model, although no legislation has been drafted. The committee will meet again on September 25 and October 23 with potential legislative recommendations for the last meeting.