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HB5299 Engrossed |
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LRB094 15758 LCT 50972 b |
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| AN ACT concerning businesses.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Internet Dating Disclosure and Safety Awareness Act. |
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| Section 5. Definitions. As used in this Act: |
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| "Communicate" or "communicating" means free-form text |
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| authored by a member or real-time voice communication through |
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| an online dating service provider. |
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| "Criminal background check" means a search for a person's |
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| felony and sex offense convictions initiated by an online |
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| dating service provider conducted through one of the means |
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| provided for in Section 10 of this Act. |
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| "Member" means a person who submits to an online dating |
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| service provider the information required by the provider to |
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| access the provider's service for the purpose of engaging in |
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| dating, participating in compatibility evaluations with other |
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| persons, or obtaining matrimonial matching services. |
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| "Online dating service provider" or "provider" means a |
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| person engaged in the business of offering or providing to its |
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| members for a fee access to dating, compatibility evaluations |
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| between persons, or matrimonial matching services through the |
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| Internet. |
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| "Sex offense conviction" means a conviction for an offense |
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| that would qualify the offender for registration as a sex |
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| offender pursuant to the Sex Offender Registration Act or under |
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| another state's equivalent statute. |
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| Section 10. Criminal background check. For purposes of this |
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| Act, a criminal background check shall be conducted through one |
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| of the following means: |
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| (1) by searching available and regularly updated |
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LRB094 15758 LCT 50972 b |
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| government public record databases for felony and sex |
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| offense convictions so long as the databases, in the |
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| aggregate, provide substantially national coverage; or |
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| (2) by searching a database maintained by a private |
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| vendor whose database contains more than 170,000,000 |
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| criminal records that are otherwise available to the |
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| public, has substantially national coverage, is updated at |
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| least every 30 days, is operated and maintained in the |
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| United States, and contains at least the same or |
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| substantially similar criminal history records as would be |
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| otherwise accessible through searches of all the available |
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| government databases specified in item (1) of this Section. |
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| Section 15. Criminal background check; disclosures. |
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| (a) An online dating service provider offering services to |
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| residents of this State shall disclose clearly and |
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| conspicuously, to any member who provides a billing address or |
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| a zip code in this State when registering with the provider, |
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| that the online dating provider either initiates a background |
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| check of felony and sex offense convictions on each member |
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| prior to permitting any member to communicate with a member in |
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| this State or that the online dating service provider does not |
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| initiate such a background check. |
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| (b) If the online dating service provider does not initiate |
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| criminal background checks, the provider must make a disclosure |
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| that shall read: |
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"NO BACKGROUND CHECK OF FELONY OR SEX OFFENSE |
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| CONVICTIONS IS DONE ON MEMBERS WHO USE THIS SERVICE. PLEASE |
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| TAKE APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF |
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| POSSIBLE RISKS ASSOCIATED WITH DATING."
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| (c) If the online dating service provider does initiate |
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| criminal background checks, the disclosure shall read: |
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| "...............(NAME OF PROVIDER)......... INITIATES |
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| A LIMITED BACKGROUND CHECK FOR FELONY AND SEX OFFENSE |
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| CONVICTIONS BEFORE A MEMBER IS PERMITTED TO COMMUNICATE |
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| WITH ANY MEMBER FROM ILLINOIS." |
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LRB094 15758 LCT 50972 b |
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| (d) The disclosure required by either subsection (b) or |
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| subsection (c) of this Section shall appear on a web page |
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| required to be viewed by a person applying to be a member who |
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| has indicated a billing address or zip code in this State in |
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| the registration process. The disclosure cannot be more than 3 |
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| inches from the top of the web page and must be: |
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| (1) in bold capital letters; |
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| (2) in at least 12 point type; and |
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| (3) in a color that contrasts from the background. |
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| The provider shall require the applicant in this State to |
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| make an electronic acknowledgement that the applicant has been |
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| provided the disclosure before the applicant is accepted as a |
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| member. The disclosure required by either subsection (b) or |
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| subsection (c) of this Section shall additionally appear on any |
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| page that appears to a member in this State each time that |
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| member initiates or receives a communication with another |
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| member through the provider's service. |
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| (e) If the online dating service provider conducts criminal |
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| background checks and the provider has a policy allowing a |
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| member who has been identified as having a felony
or sex |
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| offense conviction to have access to its service to communicate |
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| with any member in this State, the provider shall clearly and |
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| conspicuously disclose on any communication to a member in this |
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| State from the member who has been identified
as having a |
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| felony or sex offense conviction, and on any web page that is |
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| seen by or transmitted to a member in this State that contains |
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| the personal information for the member who has been identified |
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| as having a felony or sex offense conviction and that is seen |
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| by or communicated to a member in this State, a disclosure that |
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| shall read:
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| "THIS PERSON HAS BEEN IDENTIFIED AS HAVING A FELONY OR |
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| SEX OFFENSE CONVICTION." |
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| Section 20. Provider policies; disclosure. An online |
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| dating service provider that conducts criminal background |
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| checks shall establish an automatic electronic link from any |
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| web page containing the disclosure required by subsection (c) |
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| of Section 15 to a web page that provides a safety awareness |
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| notification. The web page containing the safety awareness |
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| notification shall be configured such that it shall |
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| automatically appear each time a member makes the electronic |
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| acknowledgement of the disclosure under subsection (c) of |
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| Section 15. The member is required to make an electronic |
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| acknowledgement of the safety awareness notification each time |
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| it appears and the acknowledgement shall appear at the bottom |
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| of the web page containing the notification. At a minimum, the |
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| safety awareness notification shall provide the following:
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| (1) A statement that reads: |
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| "PERSONAL SAFETY AWARENESS NOTICE CAUTION: Before |
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| allowing Illinois members to communicate with other |
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| members . . . [Name of provider] . . . initiates a |
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| background check of available public records to |
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| determine if any felony or sex offense convictions are |
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| identified based on the name and other information we |
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| require of members to create a profile. The purpose is |
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| to provide a preliminary background screening for |
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| protection of our members before they are permitted to |
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| begin communicating directly with each other. |
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| The background checks for felony and sex offense |
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| convictions are not foolproof and are not intended to |
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| give members a false sense of security. Background |
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| checks are not a perfect safety solution and criminals |
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| may circumvent even the most sophisticated search |
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| technology. |
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| Not all criminal records are public in all states |
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| and not all databases are up-to-date. Only publicly |
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| available felony and sex offense convictions are |
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| included in the background check, but background |
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| checks do not cover other convictions or arrests or any |
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| convictions from foreign countries. |
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| Anyone who is able to commit identity theft can |
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| also falsify a dating profile. |
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LRB094 15758 LCT 50972 b |
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| There is no substitute for using good common sense |
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| and acting with caution when communicating with any |
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| stranger who wants to meet you."
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| (2) A list and description of safety measures |
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| reasonably designed to increase awareness of safer dating |
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| practices as determined by the provider. |
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| Section 25. Application. Any online dating service |
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| provider that signs up members from Illinois must comply with |
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| the provisions of this Act.
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| Section 30. Jurisdiction. An online dating service that |
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| engages in the act of transmitting files over the Internet |
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| addressed to residents of the State, and the act of accepting |
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| membership fees from residents of the State, means that the |
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| online dating service is operating, conducting, engaging in, |
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| and otherwise carrying on a business in the State, subjecting |
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| the online dating service providers to regulation by the State |
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| and to the jurisdiction of the State's courts. |
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| Section 35. Unfair business practice. Failure to comply |
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| with the disclosure requirements of this Act shall constitute |
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| an unlawful business practice under the Consumer Fraud and |
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| Deceptive Business Practices Act. Each failure to provide the |
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| required disclosure constitutes a separate violation. |
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| Section 40. Civil penalties. In addition to the remedy |
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| provided in this Act or the Consumer Fraud and Deceptive |
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| Business Practices Act, the Attorney General may bring an |
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| action and the court may impose a civil penalty of up to $1,000 |
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| per violation, with an aggregate total not to exceed $25,000 |
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| for any 24-hour period, against any online dating service |
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| provider who violates any requirement of this Act. |
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| Section 45. Internet Dating Disclosure and Safety |
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| Awareness Act Fund. There is hereby created the Internet Dating |
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LRB094 15758 LCT 50972 b |
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| Disclosure and Safety Awareness Act Fund as a special fund in |
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| the State Treasury. All civil monetary penalties imposed as a |
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| result of any action, filed under this Act shall be deposited |
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| into the Fund. Monies in the Fund shall be allocated, subject |
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| to appropriation, to the Office of the Attorney General for |
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| enforcement of this Act. |
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| Section 50. Exemptions. |
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| (a) An Internet service provider does not violate this Act |
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| solely as a result of serving as an intermediary for the |
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| transmission of electronic messages between members of an |
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| online dating service provider. |
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| (b) An Internet access service or other Internet service |
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| provider shall not be considered an online dating service |
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| provider within the meaning of this Act as to any online dating |
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| service website provided by another person or entity. |
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| (c) An Internet service provider that has fewer than 1,000 |
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| members is exempt from the requirements of this Act. |
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| Section 55. Severability. If any provision of this Act or |
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| its application to any person or circumstance is held invalid, |
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| the invalidity of that provision or application does not affect |
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| other provisions or applications of this Act that can be given |
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| effect without the invalid provision or application. |
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| Section 300. The State Finance Act is amended by adding |
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| Section
5.663 as follows:
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| (30 ILCS 105/5.663 new)
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| Sec. 5.663. The Internet Dating Disclosure and Safety |
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| Awareness Act Fund.
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| Section 500. The Consumer Fraud and Deceptive Business |
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| Practices Act is amended by changing Section 2Z as follows:
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| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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HB5299 Engrossed |
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LRB094 15758 LCT 50972 b |
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| Sec. 2Z. Violations of other Acts. Any person who knowingly |
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| violates
the Automotive Repair Act, the Automotive Collision |
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| Repair Act,
the Home Repair and Remodeling Act,
the Dance |
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| Studio Act,
the Physical Fitness Services Act,
the Hearing |
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| Instrument Consumer Protection Act,
the Illinois Union Label |
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| Act,
the Job Referral and Job Listing Services Consumer |
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| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone |
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| Dialers Act,
the Pay-Per-Call Services Consumer Protection |
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| Act,
the Telephone Solicitations Act,
the Illinois Funeral or |
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| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic |
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| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home |
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| Loan Act, the Payday Loan Reform Act, subsection (a) or (b) of |
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| Section 3-10 of the
Cigarette Tax Act, the Payday Loan Reform |
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| Act, subsection
(a) or (b) of Section 3-10 of the Cigarette Use |
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| Tax Act, the Electronic
Mail Act, paragraph (6)
of
subsection |
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| (k) of Section 6-305 of the Illinois Vehicle Code, the Internet |
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| Dating Disclosure and Safety Awareness Act, Article 3 of the |
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| Residential Real Property Disclosure Act, the Automatic |
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| Contract Renewal Act, or the Personal Information Protection |
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| Act commits an unlawful practice within the meaning of this |
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| Act.
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| (Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, |
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| eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, |
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| eff. 1-1-06; revised 8-19-05.)
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