Public Act 098-0458
 
HB2934 EnrolledLRB098 04295 JLS 34322 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by renumbering and changing Section
2MMM as added by Public Act 97-1056 as follows:
 
    (815 ILCS 505/2PPP)
    Sec. 2PPP 2MMM. Internet dating, child care, senior care,
and home care safety. It is an unlawful practice under this Act
for an Internet dating service, Internet child care service,
Internet senior care service, or Internet home care service to
fail to provide notice or falsely indicate that it has
performed criminal background screenings in accordance with
the Internet Dating, Internet Child Care, Internet Senior Care,
and Internet Home Care Safety Act.
(Source: P.A. 97-1056, eff. 8-24-12; revised 1-24-13.)
 
    Section 10. The Internet Dating Safety Act is amended by
changing Sections 1, 2, 5, 10, 15, and 20 and by adding Section
7 as follows:
 
    (815 ILCS 518/1)
    Sec. 1. Short title. This Act may be cited as the Internet
Dating, Internet Child Care, Internet Senior Care, and Internet
Home Care Safety Act.
(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/2)
    Sec. 2. Findings, declarations. The Legislature finds and
declares that residents of this State need to be informed of
the potential risks of participating in Internet dating
services, Internet child care services, Internet senior care
services, and Internet home care services. There is a public
safety need to disclose whether criminal history background
screenings have been performed and to increase public awareness
of the possible risks associated with Internet dating, Internet
child care, Internet senior care, and Internet home care
activities. The primary purpose of this Act is to enhance the
safety of individuals who use an Internet service to facilitate
dating, child care, senior care, or home care.
    The offer of Internet dating services, child care services,
senior care services, and home care services to residents of
this State, and the acceptance of membership fees from
residents of this State means that an Internet dating service,
Internet child care service, Internet senior care service, or
Internet home care service is conducting business in this State
and is subject to regulation by this State and the jurisdiction
of the State's courts.
(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/5)
    Sec. 5. Definitions. As used in this Act:
    "Criminal background screening" means a name search for a
person's criminal convictions initiated by an Internet on-line
dating service provider, an Internet child care service
provider, an Internet senior care service provider, or an
Internet home care provider and conducted by:
        (1) searching available and regularly updated
    government public record databases for criminal
    convictions so long as such databases, in the aggregate,
    provide substantial national coverage; or
        (2) searching a database maintained by a private vendor
    that is regularly updated and is maintained in the United
    States with substantial national coverage of criminal
    history records and sexual offender registries.
     "Internet dating service" means a person or entity in the
business, for a fee, of providing dating, romantic
relationship, or matrimonial services principally on or
through the Internet.
    "Internet child care service" means a person or entity, in
the business, for a fee, of providing access to a database,
principally on or through the Internet, of seekers and
providers of child care services.
    "Internet senior care service" means a person or entity in
the business, for a fee, of providing access to a database,
principally on or through the Internet, of seekers and
providers of senior care services.
    "Internet home care service" means a person or entity in
the business, for a fee, of providing access to a database,
principally on or through the Internet, of seekers and
providers of domestic home care services including, dog
walkers, pet sitters, housekeepers, house cleaners, house
sitters, and tutors.
    "Member" means a customer, client, or participant who
submits to an Internet dating service, Internet child care
service, Internet senior care service, or Internet home care
service information required to access the service for the
purpose of engaging in dating, relationship, compatibility,
matrimonial, or social, child care, senior care, or home care
referral.
    "Illinois member" means a member who provides an Illinois
billing address or zip code when registering with the service.
    "Criminal conviction" means a conviction for any crime
including but not limited to any sex offense that would qualify
the offender for registration pursuant to the Sex Offender
Registration Act or under another jurisdiction's equivalent
statute.
(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/7 new)
    Sec. 7. Exceptions. This Act does not apply to:
        (1) an individual who is considered an "employee" as
    defined in the Health Care Worker Background Check Act; or
        (2) an individual or service provider who is considered
    a "health care employer" as defined in the Health Care
    Worker Background Check Act.
 
    (815 ILCS 518/10)
    Sec. 10. Requirements for Internet dating services,
Internet child care services, Internet senior care services,
and Internet home care services.
    (a) An Internet dating service, Internet child care
service, Internet senior care service, or Internet home care
service offering services to Illinois members shall provide a
safety awareness notification to all Illinois members that
includes, at a minimum, a list and description of safety
measures reasonably designed to increase awareness of safer
dating, child care, senior care, and home care practices as
determined by the service.
    Examples of such notifications include, but are not limited
to:
        (1) "Anyone who is able to commit identity theft can
    also falsify a dating profile, a child care profile, a
    senior care profile, or a home care profile."
        (2) "There is no substitute for acting with caution
    when communicating with any stranger who wants to meet
    you."
        (3) "Never include your last name, e-mail address, home
    address, phone number, place of work, or any other
    identifying information in your Internet profile or
    initial e-mail messages. Stop communicating with anyone
    who pressures you for personal or financial information or
    attempts in any way to trick you into revealing it."
        (4) "If you choose to have a face-to-face meeting with
    another member, always tell someone in your family or a
    friend where you are going and when you will return. Never
    agree to be picked up at your home. Always provide your own
    transportation to and from your date and meet in a public
    place with many people around."
    (b) If an Internet dating service, Internet child care
service, Internet senior care service, or Internet home care
service does not conduct criminal background screenings on its
members, the service shall disclose, clearly and
conspicuously, to all Illinois members that the Internet dating
service does not conduct criminal background screenings. The
disclosure shall be provided in two or more of the following
forms: when an electronic mail message is sent or received by
an Illinois member, in a "click-through" or other similar
presentation requiring a member from this State to acknowledge
that they have received the information required by this Act,
on the profile describing a member to an Illinois member, and
on the website pages or homepage of the Internet dating
service, Internet child care service, Internet senior care
service, or Internet home care service used when an Illinois
member signs up. A disclosure under this subsection shall be in
bold, capital letters in at least 12-point type.
    (c) If an Internet dating service, Internet child care
service, Internet senior care service, or Internet home care
service conducts criminal background screenings on all of its
communicating members, then the service shall disclose,
clearly and conspicuously, to all Illinois members that the
Internet dating service, Internet child care service, Internet
senior care service, or Internet home care service conducts a
criminal background screening on each member prior to
permitting an Illinois member to communicate with another
member. The disclosure shall be provided on the website pages
used when an Illinois member signs up. A disclosure under this
subsection shall be in bold, capital letters in at least
12-point type.
    (d) If an Internet dating service, Internet child care
service, Internet senior care service, or Internet home care
service conducts criminal background screenings, then the
service shall disclose whether it has a policy allowing a
member who has been identified as having a criminal conviction
to have access to its service to communicate with any Illinois
member; shall state that criminal background screenings are not
foolproof; that they may give members a false sense of
security; that they are not a perfect safety solution; that
criminals may circumvent even the most sophisticated search
technology; that not all criminal records are public in all
states and not all databases are up to date; that only publicly
available convictions are included in the screening; and that
screenings do not cover other types of convictions or arrests
or any convictions from foreign countries.
(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/15)
    Sec. 15. Unlawful practices for Internet dating services,
Internet child care services, Internet senior care services,
and Internet home care services. It is an unlawful practice
under the Consumer Fraud and Deceptive Business Practices Act
for an Internet dating service, Internet child care service,
Internet senior care service, or Internet home care service to
fail to provide notice or falsely indicate that it has
performed criminal background screenings in accordance with
this Act.
(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/20)
    Sec. 20. No violation to serve as intermediary. An
Internet service provider or website hosting service does not
violate this Act as a result of serving as an intermediary for
the transmission of electronic messages between members of an
Internet dating service, Internet child care service, Internet
senior care service, or Internet home care service.
(Source: P.A. 97-1056, eff. 8-24-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/16/2013