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1 | AN ACT concerning businesses.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||
5 | Internet Dating Disclosure and Safety Awareness Act. | ||||||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act: | ||||||||||||||||||||||||||||
7 | "Communicate" or "communicating" means free-form text | ||||||||||||||||||||||||||||
8 | authored by a member or real-time voice communication through | ||||||||||||||||||||||||||||
9 | an online dating service provider. | ||||||||||||||||||||||||||||
10 | "Criminal background check" means a search for a person's | ||||||||||||||||||||||||||||
11 | felony and sex offense convictions initiated by an online | ||||||||||||||||||||||||||||
12 | dating service provider conducted through one of the means | ||||||||||||||||||||||||||||
13 | provided for in Section 10 of this Act. | ||||||||||||||||||||||||||||
14 | "Member" means a person who submits to an online dating | ||||||||||||||||||||||||||||
15 | service provider the information required by the provider to | ||||||||||||||||||||||||||||
16 | access the provider's service for the purpose of engaging in | ||||||||||||||||||||||||||||
17 | dating, participating in compatibility evaluations with other | ||||||||||||||||||||||||||||
18 | persons, or obtaining matrimonial matching services. | ||||||||||||||||||||||||||||
19 | "Online dating service provider" or "provider" means a | ||||||||||||||||||||||||||||
20 | person engaged in the business of offering or providing to its | ||||||||||||||||||||||||||||
21 | members for a fee access to dating, compatibility evaluations | ||||||||||||||||||||||||||||
22 | between persons, or matrimonial matching services through the | ||||||||||||||||||||||||||||
23 | Internet. |
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1 | "Sex offense conviction" means a conviction for an offense | ||||||
2 | that would qualify the offender for registration as a sex | ||||||
3 | offender pursuant to the Sex Offender Registration Act or under | ||||||
4 | another state's equivalent statute. | ||||||
5 | Section 10. Criminal background check. For purposes of this | ||||||
6 | Act, a criminal background check shall be conducted through one | ||||||
7 | of the following means: | ||||||
8 | (1) by searching available and regularly updated | ||||||
9 | government public record databases for felony and sex | ||||||
10 | offense convictions so long as the databases, in the | ||||||
11 | aggregate, provide substantially national coverage; or | ||||||
12 | (2) by searching a database maintained by a private | ||||||
13 | vendor whose database contains more than 170,000,000 | ||||||
14 | criminal records that are otherwise available to public, | ||||||
15 | has substantially national coverage, is updated at least | ||||||
16 | every 30 days, is operated and maintained in the United | ||||||
17 | States, and contains at least the same or substantially | ||||||
18 | similar criminal history records as would be otherwise | ||||||
19 | accessible through searches of all the available | ||||||
20 | government databases specified in item (1) of this Section. | ||||||
21 | Section 15. Criminal background check; disclosures. | ||||||
22 | (a) An online dating service provider offering services to | ||||||
23 | residents of this State shall disclose clearly and | ||||||
24 | conspicuously, to any member who provides a billing address or |
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1 | a zip code in this State when registering with the provider, | ||||||
2 | that the online dating provider either initiates a background | ||||||
3 | check of felony and sex offense convictions on each member | ||||||
4 | prior to permitting any member to communicate with a member in | ||||||
5 | this State or that the online dating service provider does not | ||||||
6 | initiate such a background check. | ||||||
7 | (b) If the online dating service provider does not initiate | ||||||
8 | criminal background checks, the provider must make a disclosure | ||||||
9 | that shall read: | ||||||
10 |
"NO BACKGROUND CHECK OF FELONY OR SEX OFFENSE | ||||||
11 | CONVICTIONS IS DONE ON MEMBERS WHO USE THIS SERVICE. PLEASE | ||||||
12 | TAKE APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF | ||||||
13 | POSSIBLE RISKS ASSOCIATED WITH DATING."
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14 | (c) If the online dating service provider does initiate | ||||||
15 | criminal background checks, the disclosure shall read: | ||||||
16 | "...............(NAME OF PROVIDER)......... INITIATES | ||||||
17 | A LIMITED BACKGROUND CHECK FOR FELONY AND SEX OFFENSE | ||||||
18 | CONVICTIONS BEFORE A MEMBER IS PERMITTED TO COMMUNICATE | ||||||
19 | WITH ANY MEMBER FROM ILLINOIS." | ||||||
20 | (d) The disclosure required by either subsection (b) or | ||||||
21 | subsection (c) of this Section shall appear on a web page | ||||||
22 | required to be viewed by a person applying to be a member who | ||||||
23 | has indicated a billing address or zip code in this State in | ||||||
24 | the registration process. The disclosure cannot be more than 3 | ||||||
25 | inches from the top of the web page and must be: | ||||||
26 | (1) in bold capital letters; |
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1 | (2) in at least 12 point type; and | ||||||
2 | (3) in a color that contrasts from the background. | ||||||
3 | The provider shall require the applicant in this State to | ||||||
4 | make an electronic acknowledgement that the applicant has been | ||||||
5 | provided the disclosure before the applicant is accepted as a | ||||||
6 | member. The disclosure required by either subsection (b) or | ||||||
7 | subsection (c) of this Section shall additionally appear on any | ||||||
8 | page that appears to a member in this State each time that | ||||||
9 | member initiates or receives a communication with another | ||||||
10 | member through the provider's service. | ||||||
11 | (e) If the online dating service provider conducts criminal | ||||||
12 | background checks and the provider has a policy allowing a | ||||||
13 | member who has been identified as having a felony
or sex | ||||||
14 | offense conviction to have access to its service to communicate | ||||||
15 | with any member in this State, the provider shall clearly and | ||||||
16 | conspicuously disclose on any communication to a member in this | ||||||
17 | State from the member who has been identified
as having a | ||||||
18 | felony or sex offense conviction, and on any web page that is | ||||||
19 | seen by or transmitted to a member in this State that contains | ||||||
20 | the personal information for the member who has been identified | ||||||
21 | as having a felony or sex offense conviction and that is seen | ||||||
22 | by or communicated to a member in this State, a disclosure that | ||||||
23 | shall read:
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24 | "THIS PERSON HAS BEEN IDENTIFIED AS HAVING A FELONY OR | ||||||
25 | SEX OFFENSE CONVICTION." |
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1 | Section 20. Provider policies; disclosure. An online | ||||||
2 | dating service provider that conducts criminal background | ||||||
3 | checks shall establish an automatic electronic link from any | ||||||
4 | web page containing the disclosure required by subsection (c) | ||||||
5 | of Section 15 to a web page that provides a safety awareness | ||||||
6 | notification. The web page containing the safety awareness | ||||||
7 | notification shall be configured such that it shall | ||||||
8 | automatically appear each time a member makes the electronic | ||||||
9 | acknowledgement of the disclosure under subsection (c) of | ||||||
10 | Section 15. The member is required to make an electronic | ||||||
11 | acknowledgement of the safety awareness notification each time | ||||||
12 | it appears and the acknowledgement shall appear at the bottom | ||||||
13 | of the web page containing the notification. At a minimum, the | ||||||
14 | safety awareness notification shall provide the following:
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15 | (1) A statement that reads: | ||||||
16 | " PERSONAL SAFETY AWARENESS NOTICE CAUTION: Before | ||||||
17 | allowing Illinois members to communicate with other | ||||||
18 | members . . . [Name of provider] . . . initiates a | ||||||
19 | background check of available public records to | ||||||
20 | determine if any felony or sex offense convictions are | ||||||
21 | identified based on the name and other information we | ||||||
22 | require of members to create a profile. The purpose is | ||||||
23 | to provide a preliminary background screening for | ||||||
24 | protection of our members before they are permitted to | ||||||
25 | begin communicating directly with each other. | ||||||
26 | The background checks for felony and sex offense |
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1 | convictions are not foolproof and are not intended to | ||||||
2 | give members a false sense of security. Background | ||||||
3 | checks are not a perfect safety solution and criminals | ||||||
4 | may circumvent even the most sophisticated search | ||||||
5 | technology. | ||||||
6 | Not all criminal records are public in all states | ||||||
7 | and not all databases are up-to-date. Only publicly | ||||||
8 | available felony and sex offense convictions are | ||||||
9 | included in the background check, but background | ||||||
10 | checks do not cover other convictions or arrests or any | ||||||
11 | convictions from foreign countries. | ||||||
12 | Anyone who is able to commit identity theft can | ||||||
13 | also falsify a dating profile. | ||||||
14 | There is no substitute for using good common sense | ||||||
15 | and acting with caution when communicating with any | ||||||
16 | stranger who wants to meet you."
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17 | (2) A list and description of safety measures | ||||||
18 | reasonably designed to increase awareness of safer dating | ||||||
19 | practices as determined by the provider. | ||||||
20 | Section 25. Application. Any online dating service | ||||||
21 | provider that signs up members from Illinois must comply with | ||||||
22 | the provisions of this Act.
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23 | Section 30. Jurisdiction. An online dating service that | ||||||
24 | engages in the act of transmitting files over the Internet |
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1 | addressed to residents of the State, and the act of accepting | ||||||
2 | membership fees from residents of the State, means that the | ||||||
3 | online dating service is operating, conducting, engaging in, | ||||||
4 | and otherwise carrying on a business in the State, subjecting | ||||||
5 | the online dating service providers to regulation by the State | ||||||
6 | and to the jurisdiction of the State's courts. | ||||||
7 | Section 35. Unfair business practice. Failure to comply | ||||||
8 | with the disclosure requirements of this Act shall constitute a | ||||||
9 | an unlawful business practice under the Consumer Fraud and | ||||||
10 | Deceptive Business Practices Act. Each failure to provide the | ||||||
11 | required disclosure constitutes a separate violation. | ||||||
12 | Section 40. Civil penalties. In addition to the remedy | ||||||
13 | provided in this Act or the Consumer Fraud and Deceptive | ||||||
14 | Business Practices Act, the Attorney General may bring an | ||||||
15 | action and the court may impose a civil penalty of up to $1,000 | ||||||
16 | per violation, with an aggregate total not to exceed $25,000 | ||||||
17 | for any 24-hour period, against any online dating service | ||||||
18 | provider who violates any requirement of this Act. | ||||||
19 | Section 45. Internet Dating Disclosure and Safety | ||||||
20 | Awareness Act Fund. There is hereby created the Internet Dating | ||||||
21 | Disclosure and Safety Awareness Act Fund as a special fund in | ||||||
22 | the State Treasury. All civil monetary penalties imposed as a | ||||||
23 | result of any action filed under this Act shall be deposited |
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1 | into the Fund. Monies in the Fund shall be allocated, subject | ||||||
2 | to appropriation, to the Office of the Attorney General for | ||||||
3 | enforcement of this Act. | ||||||
4 | Section 50. Exemptions. | ||||||
5 | (a) An Internet service provider does not violate this Act | ||||||
6 | solely as a result of serving as an intermediary for the | ||||||
7 | transmission of electronic messages between members of an | ||||||
8 | online dating service provider. | ||||||
9 | (b) An Internet access service or other Internet service | ||||||
10 | provider shall not be considered an online dating service | ||||||
11 | provider within the meaning of this Act as to any online dating | ||||||
12 | service website provided by another person or entity. | ||||||
13 | (c) An Internet service provider that has fewer than 1,000 | ||||||
14 | members is exempt from the requirements of this Act. | ||||||
15 | Section 55. Severability. If any provision of this Act or | ||||||
16 | its application to any person or circumstance is held invalid, | ||||||
17 | the invalidity of that provision or application does not affect | ||||||
18 | other provisions or applications of this Act that can be given | ||||||
19 | effect without the invalid provision or application. | ||||||
20 | Section 300. The State Finance Act is amended by adding | ||||||
21 | Section
5.675 as follows:
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22 | (30 ILCS 105/5.675 new)
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1 | Sec. 5.675. The Internet Dating Disclosure and Safety | ||||||
2 | Awareness Act Fund.
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3 | Section 500. The Consumer Fraud and Deceptive Business | ||||||
4 | Practices Act is amended by changing Section 2Z as follows:
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5 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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6 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
7 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
8 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
9 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
10 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
11 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
12 | Protection Act,
the Travel Promotion Consumer Protection Act,
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13 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
14 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
15 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
16 | Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | ||||||
17 | Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | ||||||
18 | Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | ||||||
19 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
20 | Act, the Payday Loan Reform Act, subsection
(a) or (b) of | ||||||
21 | Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | ||||||
22 | Act, paragraph (6)
of
subsection (k) of Section 6-305 of the | ||||||
23 | Illinois Vehicle Code, the Internet Dating Disclosure and | ||||||
24 | Safety Awareness Act, Article 3 of the Residential Real |
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1 | Property Disclosure Act, the Automatic Contract Renewal Act, or | ||||||
2 | the Personal Information Protection Act commits an unlawful | ||||||
3 | practice within the meaning of this Act.
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4 | (Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, | ||||||
5 | eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, | ||||||
6 | eff. 1-1-06; 94-822, eff. 1-1-07.)
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