HUMAN RIGHTS-AI-VIOLATIONS

104th Regular Session Introduced by Rachel Ventura

The bill requires AI usage notices in real estate, loans/credit, and public accommodations, making undisclosed AI use a civil rights violation.

Summary of SB3364 (104th General Assembly, Illinois)

Purpose and intent

SB3364 aims to address civil rights concerns related to the use of artificial intelligence (AI) in certain private and public activities. The bill would add notice requirements when AI is used in real estate transactions, loan or credit processing, and access to places of public accommodation. It treats failure to provide such notice as a civil rights violation under the Illinois Human Rights Act, and directs the Department of Human Rights to adopt implementing rules.

Key provisions and changes

Real estate transactions

Adds a prohibition on using AI in a real estate transaction without informing the other party that AI is being used. The notice requirement applies to owners, real estate brokers, salespersons, or their agents.
The statute defines “real estate transaction” broadly to include sale, rental, brokerage, appraisal, and certain financing activities related to housing.
The Department of Human Rights may adopt rules detailing when notice is required, how long notice must be provided, and acceptable methods of notice.

Loans and credit

Requires notification when AI is used to process loan or credit card applications.
In the loan context, a civil rights violation can occur if a financial institution denies services, alters terms, or otherwise discriminates on grounds including immigration status, familial status, source of income, or an arrest record, and fails to reveal AI involvement upon request.
In the credit card context, if AI is used to process an application, the applicant must be informed if requested.
The Department is empowered to issue rules implementing these notice requirements.

Places of public accommodation

Requires notice to individuals seeking access to a place of public accommodation that AI is used to determine eligibility for full enjoyment of facilities, goods, and services.
The definition of “place of public accommodation” covers a broad range of venues and services (hotels, restaurants, theaters, stores, banks, hospitals, public transportation, etc.).
The Department may adopt rules governing when and how notice must be provided.

Definitions and scope

The bill amends multiple sections of the Illinois Human Rights Act (3-101, 3-102, 4-101, 4-102, 4-103, 5-101, 5-102) and adds a new Section 4-105 to codify implementing rules.
“Artificial intelligence” is defined consistently with the Act’s Article 2.

Who is affected

Real property owners, real estate brokers or salespersons, and their agents involved in real estate transactions.

Financial institutions processing loan or credit applications.

Operators of places of public accommodation (e.g., hotels, restaurants, retail establishments, banks, hospitals, transportation hubs, etc.).

Department of Human Rights, which would issue rules and enforce compliance.

Procedural and timeline aspects

The bill outlines that the Department shall adopt rules necessary for implementation and enforcement of AI notice provisions, including timing, circumstances, and methods of notice.

The legislative history shows committee amendments and ongoing consideration in early 2026, with standard rulemaking following enactment.

Note: This summary reflects the introduced text as of February 2026 and does not reflect any later amendments or enacted language.