102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3026

 

Introduced 2/19/2021, by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 100/5-20  from Ch. 127, par. 1005-20

    Creates the Surveillance Administrative Law Act. Prohibits the placement of electronic monitoring devices without explicit statutory action by the State of Illinois setting forth the need for the placement of an electronic monitoring device. Amends the Illinois Administrative Procedure Act. Provides that any discretionary power exercised by an agency under the Act shall be exercised in conformity with the Surveillance Administrative Law Act. Defines terms. Provides legislative intent. Effective immediately.


LRB102 09895 RJF 15213 b

 

 

A BILL FOR

 

HB3026LRB102 09895 RJF 15213 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Surveillance Administrative Law Act.
 
6    Section 5. Legislative intent. The General Assembly
7asserts that the legislative purpose of this statutory action,
8and creation of this Act, is to maintain the State's adherence
9to Section 6 of Article I of the Illinois Constitution,
10especially the pledge made by the people of Illinois to
11themselves that, under this Constitution, "the people shall
12have the right to be secure in their persons, houses, papers
13and other possessions against unreasonable searches, seizures,
14invasions of privacy or interceptions of communications by
15eavesdropping devices or other means". The General Assembly
16asserts that the protections enumerated in that Section
17include protection of the public against visual eavesdropping
18by means of electronic surveillance, including: (i)
19surveillance monitored by human observers; (ii) surveillance
20carried out by artificial-intelligence software; and (iii)
21surveillance carried out by combinations of
22artificial-intelligence software and human monitoring.
 

 

 

HB3026- 2 -LRB102 09895 RJF 15213 b

1    Section 10. Definitions. As used in this Act:
2    "Electronic monitoring device" means a surveillance
3instrument with a fixed position video camera or an audio
4recording device, or a combination thereof.
5    "Place of public accommodation" means a place of lodging,
6food or drink, place of exhibition or entertainment, place of
7public gathering, retail establishment, service establishment,
8public conveyance, place of public transportation, place of
9public display or collection, place of recreation, place of
10education, social service center establishment, place of
11exercise or recreation, or any other place to which this
12definition is applicable under subsection (A) of Section 5-101
13of the Illinois Human Rights Act.
 
14    Section 15. Administrative surveillance. No action by any
15administrative authority of the State of Illinois or any of
16its political subdivisions, including, but not limited to, the
17exercise of administrative authority under the Illinois
18Administrative Procedure Act, shall: (i) direct the placement
19of an electronic monitoring device in or adjacent to a public
20way, or in or adjacent to a place of public accommodation; or
21(ii) impose an administrative order or administrative burden
22upon any third party sufficient to require or to encourage the
23placement of an electronic monitoring device in or adjacent to
24a public way, or in or adjacent to a place of public
25accommodation, without explicit statutory action by the State

 

 

HB3026- 3 -LRB102 09895 RJF 15213 b

1of Illinois setting forth the need for the placement of an
2electronic monitoring device in or adjacent to a public way or
3place of public accommodation for a purpose or purposes
4enumerated in legislation.
 
5    Section 90. The Illinois Administrative Procedure Act is
6amended by changing Section 5-20 as follows:
 
7    (5 ILCS 100/5-20)  (from Ch. 127, par. 1005-20)
8    Sec. 5-20. Implementing discretionary powers. Each rule
9that implements a discretionary power to be exercised by an
10agency shall include the standards by which the agency shall
11exercise the power. The standards shall be stated as precisely
12and clearly as practicable under the conditions to inform
13fully those persons affected. Any discretionary power
14exercised by an agency under this Act shall be exercised in
15conformity with the Surveillance Administrative Law Act.
16(Source: P.A. 87-823.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.