Illinois General Assembly - Full Text of HB3415
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Full Text of HB3415  101st General Assembly

HB3415 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3415

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2WWW new
820 ILCS 112/5
820 ILCS 112/13 new

    Amends the Equal Pay Act and the Consumer Fraud and Deceptive Business Practices Act. Provides that when using predictive data analytics in determining creditworthiness or in making hiring decisions, the use of predictive data analytics may not include information that correlates with the race of zip code of the applicant for credit or employment. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow information about the consumer's preference that correlates with the consumer's race or zip code to influence any conclusion regarding the consumer's creditworthiness. Provides that a person or entity that violates the provision commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.


LRB101 09123 JLS 54217 b

 

 

A BILL FOR

 

HB3415LRB101 09123 JLS 54217 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2WWW as follows:
 
6    (815 ILCS 505/2WWW new)
7    Sec. 2WWW. Credit worthiness; use of predictive analytics.
8    (a) In this Section, "predictive data analytics" means the
9use of automated machine learning algorithms for the purpose of
10statistically analyzing a person's behavior.
11    (b) A person or entity that relies either partially or
12fully on predictive data analytics to determine a consumer's
13creditworthiness may not allow information about the
14consumer's preference that correlates with the consumer's race
15or zip code to influence any conclusion regarding the
16consumer's creditworthiness.
17    (c) A person or entity that uses predictive data analytics
18to determine the creditworthiness of more than 50 consumers in
19a calendar year who are Illinois residents shall, within 90
20days after the effective date of this amendatory Act of the
21101st General Assembly, devise procedures to ensure that it
22does not inadvertently consider information that correlates
23with race or zip code when determining a consumer's

 

 

HB3415- 2 -LRB101 09123 JLS 54217 b

1creditworthiness.
2    (d) A person or entity that violates this Section commits
3an unlawful practice within the meaning of this Act.
 
4    Section 10. The Equal Pay Act of 2003 is amended by
5changing Section 5 and by adding Section 13 as follows:
 
6    (820 ILCS 112/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Director" means the Director of Labor.
9    "Department" means the Department of Labor.
10    "Employee" means any individual permitted to work by an
11employer.
12    "Employer" means an individual, partnership, corporation,
13association, business, trust, person, or entity for whom
14employees are gainfully employed in Illinois and includes the
15State of Illinois, any state officer, department, or agency,
16any unit of local government, and any school district.
17    "Predictive data analytics" means the use of automated
18machine learning algorithms for the purpose of statistically
19analyzing a person's behavior.
20(Source: P.A. 99-418, eff. 1-1-16.)
 
21    (820 ILCS 112/13 new)
22    Sec. 13. Employment decision; use of predictive analytics.
23    (a) An employer that uses predictive data analytics to

 

 

HB3415- 3 -LRB101 09123 JLS 54217 b

1evaluate job applicants may not consider any data about the
2applicant's preferences that correlates with the applicant's
3race or zip code to influence a hiring decision.
4    (b) An employer that uses predictive data analytics to
5evaluate job applicants and that hires more than 50 employees
6in a calendar year who are Illinois residents shall, within 90
7days after the effective date of this amendatory Act of the
8101st General Assembly, devise procedures to ensure that it
9does not inadvertently consider information that correlates
10with race or zip code when making a hiring decision.