Bill Status of HB 563   95th General Assembly

Short Description:  INTERNET DATING DISCLOSURE ACT

House Sponsors
Rep. Robert S. Molaro

Last Action  View All Actions

DateChamber Action
  4/3/2008HouseTabled Pursuant to Rule 22(g)

Statutes Amended In Order of Appearance
New Act
30 ILCS 105/5.675 new
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z

Synopsis As Introduced
Creates the Internet Dating Disclosure and Safety Awareness Act. Requires an online dating service provider offering services to residents of this State to disclose clearly and conspicuously, to any member who provides a billing address or a zip code in this State when registering with the provider, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check. Provides language concerning the disclosures. Requires an online dating service provider that conducts criminal background checks to post a safety awareness notification and provides required language for that notification. Provides that failure to comply with the disclosure requirements of the Act shall constitute an unlawful business practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that each failure to provide the required disclosure constitutes a separate violation. Provides for civil penalties. Creates the Internet Dating Disclosure and Safety Awareness Act Fund as a special fund in the State treasury, to be used by the Office of the Attorney General for enforcement of the Act. Amends the State Finance Act and the Consumer Fraud and Deceptive Business Practices Act to make conforming changes. Amends the Consumer Fraud and Deceptive Business Practices Act.

House Amendment No. 1
Deletes reference to:
30 ILCS 105/5.675 new

Deletes everything after the enacting clause. Creates the Internet Predator Awareness Act. Requires an online dating service provider offering services to Illinois members to: (i) provide a safety awareness notification; (ii) inform members whether or not the online dating service provider conducts criminal background screenings on its members; and (iii) if an online dating service provider conducts criminal background screenings, disclose that background screenings of applicants are not perfect and there is no way to guarantee that the name provided by a person to be used in a background screening is the person's true identity. Amends the Consumer Fraud and Deceptive Business Practices Act to make a violation of the Internet Predator Awareness Act a violation of the Act. Effective January 1, 2008.

House Amendment No. 2
Deletes everything after the enacting clause. Creates the Internet Dating Disclosure and Safety Awareness Act. Requires an online dating service provider offering services to residents of this State to disclose clearly and conspicuously, to any member who provides a billing address or a zip code in this State when registering with the provider, that the online dating provider initiates a sex offender registrant search of sex offender registrations on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a sex offender registrant search. Provides that a sex offender registrant search is conducted by searching the available updated sex offender registries in all 50 states, Washington, D.C., and Puerto Rico. Provides language concerning the disclosures. Requires that an online dating service provider that conducts sex offender registrant searches post a safety awareness notification and provides required language for that notification. Provides that failure to comply with the disclosure requirements of the Act shall constitute an unlawful business practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that each failure to provide the required disclosure constitutes a separate violation. Amends the Consumer Fraud and Deceptive Business Practices Act. Adds the Internet Dating Disclosure and Safety Awareness Act to the list of Acts that the knowing violation of which constitutes an unlawful business practice.

House Amendment No. 3
Deletes everything after the enacting clause and re-inserts provisions similar to those of House Amendment No. 2 with these changes: deletes the text of one of the disclosures required to be made by an online dating service provider that does conduct sex offender registrant searches; deletes some of the requirements regarding safety awareness notifications and some of the text of the required statement; provides that an Internet service provider does not violate the Internet Dating Disclosure and Safety Awarness Act as a result (instead of solely as a result) of serving as an intermediary for transmission of electronic messages; makes technical and other changes.

Actions 
DateChamber Action
  2/2/2007HouseFiled with the Clerk by Rep. John E. Bradley
  2/5/2007HouseFirst Reading
  2/5/2007HouseReferred to Rules Committee
  2/7/2007HouseAssigned to Judiciary II - Criminal Law Committee
  3/22/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/22/2007HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/22/2007HouseMotion Do Pass as Amended - Lost Judiciary II - Criminal Law Committee; 001-008-004
  3/22/2007HouseRemains in Judiciary II - Criminal Law Committee
  3/23/2007HouseRule 19(a) / Re-referred to Rules Committee
  10/1/2007HouseFinal Action Deadline Extended-9(b) October 5, 2007
  10/1/2007HouseAssigned to Judiciary II - Criminal Law Committee
  10/5/2007HouseFinal Action Deadline Extended-9(b) October 12, 2007
  10/11/2007HouseChief Sponsor Changed to Rep. Robert S. Molaro
  10/11/2007HouseHouse Amendment No. 2 Filed with Clerk by Judiciary II - Criminal Law Committee
  10/11/2007HouseHouse Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; 010-000-000
  10/11/2007HouseRemains in Judiciary II - Criminal Law Committee
  10/12/2007HouseFinal Action Deadline Extended-9(b) November 2, 2007
  11/2/2007HouseFinal Action Deadline Extended-9(b) November 30, 2007
  11/30/2007HouseFinal Action Deadline Extended-9(b) January 10, 2008
  1/10/2008HouseRule 19(a) / Re-referred to Rules Committee
  3/24/2008HouseFinal Action Deadline Extended-9(b) April 18, 2008
  3/24/2008HouseAssigned to Judiciary II - Criminal Law Committee
  4/3/2008HouseHouse Amendment No. 3 Filed with Clerk by Judiciary II - Criminal Law Committee
  4/3/2008HouseHouse Amendment No. 3 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  4/3/2008HouseMotion Do Pass as Amended - Lost Judiciary II - Criminal Law Committee; 004-007-002
  4/3/2008HouseTabled Pursuant to Rule 22(g)

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