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LRB095 00874 LCT 20876 b |
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| AN ACT concerning business.
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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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| "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 offender registrant search" means a search for a |
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| person's current and historical registration status on each |
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| state's available sex offender registry, including the |
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| District of Columbia and Puerto Rico, initiated by an online |
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LRB095 00874 LCT 20876 b |
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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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| "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. Sex offender registrant search. For purposes of |
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| this Act, a sex offender registrant search shall be conducted |
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| through one of the following means: |
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| (1) by searching each available and regularly updated |
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| state-wide sex offender registry database in all 50 states |
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| plus Washington, D.C. and Puerto Rico; or |
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| (2) by searching a database maintained and regularly |
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| updated by a private vendor whose database contains |
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| state-wide sex offender registrant information for all 50 |
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| states plus Washington, D.C. and Puerto Rico 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. Sex offender registrant search; 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, if |
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| the online dating service provider does not initiate such a sex |
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LRB095 00874 LCT 20876 b |
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| offender registrant search. |
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| (b) If the online dating service provider does not initiate |
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| sex offender registrant searches, the provider must make a |
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| disclosure that shall read: |
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| "NO SEX OFFENDER REGISTRY SEARCH IS DONE ON MEMBERS WHO |
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| USE THIS SERVICE. PLEASE TAKE APPROPRIATE SAFETY MEASURES |
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| TO INCREASE AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH |
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| DATING."
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| (c) The disclosure required by subsection (b) of this |
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| Section shall appear on a web page required to be viewed by a |
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| person applying to be a member who has indicated a billing |
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| address or zip code in this State in the registration process. |
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| The disclosure cannot be more than 3 inches from the top of the |
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| 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 subsection (b) of this |
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| Section shall additionally appear on any page that appears to a |
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| member in this State each time that member initiates or |
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| receives a communication with another member through the |
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| provider's service. |
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| (d) If the online dating service provider conducts sex |
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LRB095 00874 LCT 20876 b |
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| offender registry searches and the provider has a policy |
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| allowing a member who has been identified as being on a sex |
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| offender registry 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 been on |
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| a sex offender registry, and on any web page that is seen by or |
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| transmitted to a member in this State that contains the |
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| personal information for the member who has been identified as |
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| having been on a sex offender registry and that is seen by or |
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| communicated to a member in this State, a disclosure that shall |
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| read:
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| "THIS PERSON HAS BEEN IDENTIFIED AS A CURRENT OR FORMER |
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| SEX OFFENDER REGISTERED ON ONE OR MORE SEX OFFENDER |
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| REGISTRIES." |
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| (e) Prior to disclosing to any member or publicizing in any |
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| manner that a member has been identified as having been on a |
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| sex offender registry, the provider shall, if it conducted the |
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| search in accordance with item (1) of Section 10, notify the |
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| member identified as having been on a sex offender registry of |
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| the results of the search. If the provider conducts the search |
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| in accordance with item (2) of Section 10, it shall notify and |
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| require the private vendor to contact the member having been |
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| identified as having been on a sex offender registry regarding |
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| the results of the search. |
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| If within 10 days of receipt of notification the member |
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LRB095 00874 LCT 20876 b |
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| disputes the accuracy of his or her status as having been on a |
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| sex offender registry, the provider either personally or |
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| through its vendor shall, within 30 days of receipt of |
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| information from the member contesting the accuracy of the sex |
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| offender search, make a determination of its accuracy and so |
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| notify the member. |
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| Section 20. Provider policies; disclosure. An online |
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| dating service provider that conducts sex offender registry |
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| searches shall establish an automatic electronic link to a web |
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| page that provides a safety awareness notification. At a |
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| minimum, the safety awareness notification shall provide the |
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| following:
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| (1) A statement that reads: |
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| "PERSONAL SAFETY AWARENESS NOTICE CAUTION: |
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| The sex offender registrant searches for sex |
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| offenders convictions are not foolproof and are not |
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| intended to give members a false sense of security. Sex |
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| offender registrant searches are not a perfect safety |
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| solution and offenders may circumvent even the most |
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| sophisticated search technology or registration |
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| requirements. |
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| Not all sex offender records are public in all |
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| states and not all databases are up-to-date. Only |
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| publicly available sex offender registrant data is |
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| included in the search. |
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LRB095 00874 LCT 20876 b |
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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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| 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. Unlawful practice. Failure to comply with the |
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| disclosure requirements of this Act shall constitute an |
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| 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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LRB095 00874 LCT 20876 b |
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| required disclosure constitutes a separate violation. |
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| Section 40. Exemptions. |
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| (a) An Internet service provider does not violate this Act |
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| as a result of serving as an intermediary for the transmission |
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| of electronic messages between members of an online dating |
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| 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 45. 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 90. 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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| (Text of Section before amendment by P.A. 95-562 ) |
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| Sec. 2Z. Violations of other Acts. Any person who knowingly |
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LRB095 00874 LCT 20876 b |
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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, the Mortgage Rescue Fraud |
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| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax |
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| Act, the Payday Loan Reform Act, subsection
(a) or (b) of |
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| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail |
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| Act, the Internet Caller Identification Act, paragraph (6)
of
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| subsection (k) of Section 6-305 of the Illinois Vehicle Code, |
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| the Internet Dating Disclosure and Safety Awareness Act, |
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| Article 3 of the Residential Real Property Disclosure Act, the |
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| Automatic Contract Renewal Act, or the Personal Information |
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| Protection Act commits an unlawful practice within the meaning |
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| of this Act.
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| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, |
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| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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| eff. 1-1-08.)
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HB2649 Engrossed |
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LRB095 00874 LCT 20876 b |
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| (Text of Section after amendment by P.A. 95-562 ) |
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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, the Mortgage Rescue Fraud |
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| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax |
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| Act, the Payday Loan Reform Act, subsection
(a) or (b) of |
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| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail |
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| Act, the Internet Caller Identification Act, paragraph (6)
of
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| subsection (k) of Section 6-305 of the Illinois Vehicle Code, |
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| Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the |
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| Illinois Vehicle Code, the Internet Dating Disclosure and |
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| Safety Awareness Act, Article 3 of the Residential Real |
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| Property Disclosure Act, the Automatic Contract Renewal Act, or |
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| the Personal Information Protection Act commits an unlawful |
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| practice within the meaning of this Act.
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| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, |
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LRB095 00874 LCT 20876 b |
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| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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| eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.) |
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| Section 95. No acceleration or delay. Where this Act makes |
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| changes in a statute that is represented in this Act by text |
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| that is not yet or no longer in effect (for example, a Section |
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| represented by multiple versions), the use of that text does |
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| not accelerate or delay the taking effect of (i) the changes |
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| made by this Act or (ii) provisions derived from any other |
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| Public Act. |