Full Text of HB5299 94th General Assembly
HB5299eng 94TH GENERAL ASSEMBLY
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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 | 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. | 24 |
| "Sex offense conviction" means a conviction for an offense | 25 |
| that would qualify the offender for registration as a sex | 26 |
| offender pursuant to the Sex Offender Registration Act or under | 27 |
| another state's equivalent statute. | 28 |
| Section 10. Criminal background check. For purposes of this | 29 |
| Act, a criminal background check shall be conducted through one | 30 |
| of the following means: | 31 |
| (1) by searching available and regularly updated |
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| government public record databases for felony and sex | 2 |
| offense convictions so long as the databases, in the | 3 |
| aggregate, provide substantially national coverage; or | 4 |
| (2) by searching a database maintained by a private | 5 |
| vendor whose database contains more than 170,000,000 | 6 |
| criminal records that are otherwise available to the | 7 |
| public, has substantially national coverage, is updated at | 8 |
| least every 30 days, is operated and maintained in the | 9 |
| United States, and contains at least the same or | 10 |
| substantially similar criminal history records as would be | 11 |
| otherwise accessible through searches of all the available | 12 |
| government databases specified in item (1) of this Section. | 13 |
| Section 15. Criminal background check; disclosures. | 14 |
| (a) An online dating service provider offering services to | 15 |
| residents of this State shall disclose clearly and | 16 |
| conspicuously, to any member who provides a billing address or | 17 |
| a zip code in this State when registering with the provider, | 18 |
| that the online dating provider either initiates a background | 19 |
| check of felony and sex offense convictions on each member | 20 |
| prior to permitting any member to communicate with a member in | 21 |
| this State or that the online dating service provider does not | 22 |
| initiate such a background check. | 23 |
| (b) If the online dating service provider does not initiate | 24 |
| criminal background checks, the provider must make a disclosure | 25 |
| that shall read: | 26 |
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"NO BACKGROUND CHECK OF FELONY OR SEX OFFENSE | 27 |
| CONVICTIONS IS DONE ON MEMBERS WHO USE THIS SERVICE. PLEASE | 28 |
| TAKE APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF | 29 |
| POSSIBLE RISKS ASSOCIATED WITH DATING."
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| (c) If the online dating service provider does initiate | 31 |
| criminal background checks, the disclosure shall read: | 32 |
| "...............(NAME OF PROVIDER)......... INITIATES | 33 |
| A LIMITED BACKGROUND CHECK FOR FELONY AND SEX OFFENSE | 34 |
| CONVICTIONS BEFORE A MEMBER IS PERMITTED TO COMMUNICATE | 35 |
| WITH ANY MEMBER FROM ILLINOIS." |
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| (d) The disclosure required by either subsection (b) or | 2 |
| subsection (c) of this Section shall appear on a web page | 3 |
| required to be viewed by a person applying to be a member who | 4 |
| has indicated a billing address or zip code in this State in | 5 |
| the registration process. The disclosure cannot be more than 3 | 6 |
| inches from the top of the web page and must be: | 7 |
| (1) in bold capital letters; | 8 |
| (2) in at least 12 point type; and | 9 |
| (3) in a color that contrasts from the background. | 10 |
| The provider shall require the applicant in this State to | 11 |
| make an electronic acknowledgement that the applicant has been | 12 |
| provided the disclosure before the applicant is accepted as a | 13 |
| member. The disclosure required by either subsection (b) or | 14 |
| subsection (c) of this Section shall additionally appear on any | 15 |
| page that appears to a member in this State each time that | 16 |
| member initiates or receives a communication with another | 17 |
| member through the provider's service. | 18 |
| (e) If the online dating service provider conducts criminal | 19 |
| background checks and the provider has a policy allowing a | 20 |
| member who has been identified as having a felony
or sex | 21 |
| offense conviction to have access to its service to communicate | 22 |
| with any member in this State, the provider shall clearly and | 23 |
| conspicuously disclose on any communication to a member in this | 24 |
| State from the member who has been identified
as having a | 25 |
| felony or sex offense conviction, and on any web page that is | 26 |
| seen by or transmitted to a member in this State that contains | 27 |
| the personal information for the member who has been identified | 28 |
| as having a felony or sex offense conviction and that is seen | 29 |
| by or communicated to a member in this State, a disclosure that | 30 |
| shall read:
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| "THIS PERSON HAS BEEN IDENTIFIED AS HAVING A FELONY OR | 32 |
| SEX OFFENSE CONVICTION." | 33 |
| Section 20. Provider policies; disclosure. An online | 34 |
| dating service provider that conducts criminal background | 35 |
| checks shall establish an automatic electronic link from any |
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| web page containing the disclosure required by subsection (c) | 2 |
| of Section 15 to a web page that provides a safety awareness | 3 |
| notification. The web page containing the safety awareness | 4 |
| notification shall be configured such that it shall | 5 |
| automatically appear each time a member makes the electronic | 6 |
| acknowledgement of the disclosure under subsection (c) of | 7 |
| Section 15. The member is required to make an electronic | 8 |
| acknowledgement of the safety awareness notification each time | 9 |
| it appears and the acknowledgement shall appear at the bottom | 10 |
| of the web page containing the notification. At a minimum, the | 11 |
| safety awareness notification shall provide the following:
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| (1) A statement that reads: | 13 |
| "PERSONAL SAFETY AWARENESS NOTICE CAUTION: Before | 14 |
| allowing Illinois members to communicate with other | 15 |
| members . . . [Name of provider] . . . initiates a | 16 |
| background check of available public records to | 17 |
| determine if any felony or sex offense convictions are | 18 |
| identified based on the name and other information we | 19 |
| require of members to create a profile. The purpose is | 20 |
| to provide a preliminary background screening for | 21 |
| protection of our members before they are permitted to | 22 |
| begin communicating directly with each other. | 23 |
| The background checks for felony and sex offense | 24 |
| convictions are not foolproof and are not intended to | 25 |
| give members a false sense of security. Background | 26 |
| checks are not a perfect safety solution and criminals | 27 |
| may circumvent even the most sophisticated search | 28 |
| technology. | 29 |
| Not all criminal records are public in all states | 30 |
| and not all databases are up-to-date. Only publicly | 31 |
| available felony and sex offense convictions are | 32 |
| included in the background check, but background | 33 |
| checks do not cover other convictions or arrests or any | 34 |
| convictions from foreign countries. | 35 |
| Anyone who is able to commit identity theft can | 36 |
| also falsify a dating profile. |
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| There is no substitute for using good common sense | 2 |
| and acting with caution when communicating with any | 3 |
| stranger who wants to meet you."
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| (2) A list and description of safety measures | 5 |
| reasonably designed to increase awareness of safer dating | 6 |
| practices as determined by the provider. | 7 |
| Section 25. Application. Any online dating service | 8 |
| provider that signs up members from Illinois must comply with | 9 |
| the provisions of this Act.
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| Section 30. Jurisdiction. An online dating service that | 11 |
| engages in the act of transmitting files over the Internet | 12 |
| addressed to residents of the State, and the act of accepting | 13 |
| membership fees from residents of the State, means that the | 14 |
| online dating service is operating, conducting, engaging in, | 15 |
| and otherwise carrying on a business in the State, subjecting | 16 |
| the online dating service providers to regulation by the State | 17 |
| and to the jurisdiction of the State's courts. | 18 |
| Section 35. Unfair business practice. Failure to comply | 19 |
| with the disclosure requirements of this Act shall constitute | 20 |
| an unlawful business practice under the Consumer Fraud and | 21 |
| Deceptive Business Practices Act. Each failure to provide the | 22 |
| required disclosure constitutes a separate violation. | 23 |
| Section 40. Civil penalties. In addition to the remedy | 24 |
| provided in this Act or the Consumer Fraud and Deceptive | 25 |
| Business Practices Act, the Attorney General may bring an | 26 |
| action and the court may impose a civil penalty of up to $1,000 | 27 |
| per violation, with an aggregate total not to exceed $25,000 | 28 |
| for any 24-hour period, against any online dating service | 29 |
| provider who violates any requirement of this Act. | 30 |
| Section 45. Internet Dating Disclosure and Safety | 31 |
| Awareness Act Fund. There is hereby created the Internet Dating |
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| Disclosure and Safety Awareness Act Fund as a special fund in | 2 |
| the State Treasury. All civil monetary penalties imposed as a | 3 |
| result of any action, filed under this Act shall be deposited | 4 |
| into the Fund. Monies in the Fund shall be allocated, subject | 5 |
| to appropriation, to the Office of the Attorney General for | 6 |
| enforcement of this Act. | 7 |
| Section 50. Exemptions. | 8 |
| (a) An Internet service provider does not violate this Act | 9 |
| solely as a result of serving as an intermediary for the | 10 |
| transmission of electronic messages between members of an | 11 |
| online dating service provider. | 12 |
| (b) An Internet access service or other Internet service | 13 |
| provider shall not be considered an online dating service | 14 |
| provider within the meaning of this Act as to any online dating | 15 |
| service website provided by another person or entity. | 16 |
| (c) An Internet service provider that has fewer than 1,000 | 17 |
| members is exempt from the requirements of this Act. | 18 |
| Section 55. Severability. If any provision of this Act or | 19 |
| its application to any person or circumstance is held invalid, | 20 |
| the invalidity of that provision or application does not affect | 21 |
| other provisions or applications of this Act that can be given | 22 |
| effect without the invalid provision or application. | 23 |
| Section 300. The State Finance Act is amended by adding | 24 |
| 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 | 27 |
| Awareness Act Fund.
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| Section 500. The Consumer Fraud and Deceptive Business | 29 |
| 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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| Sec. 2Z. Violations of other Acts. Any person who knowingly | 2 |
| violates
the Automotive Repair Act, the Automotive Collision | 3 |
| Repair Act,
the Home Repair and Remodeling Act,
the Dance | 4 |
| Studio Act,
the Physical Fitness Services Act,
the Hearing | 5 |
| Instrument Consumer Protection Act,
the Illinois Union Label | 6 |
| Act,
the Job Referral and Job Listing Services Consumer | 7 |
| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone | 9 |
| Dialers Act,
the Pay-Per-Call Services Consumer Protection | 10 |
| Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 11 |
| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | 12 |
| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | 13 |
| Loan Act, the Payday Loan Reform Act, subsection (a) or (b) of | 14 |
| Section 3-10 of the
Cigarette Tax Act, the Payday Loan Reform | 15 |
| Act, subsection
(a) or (b) of Section 3-10 of the Cigarette Use | 16 |
| Tax Act, the Electronic
Mail Act, paragraph (6)
of
subsection | 17 |
| (k) of Section 6-305 of the Illinois Vehicle Code, the Internet | 18 |
| Dating Disclosure and Safety Awareness Act, Article 3 of the | 19 |
| Residential Real Property Disclosure Act, the Automatic | 20 |
| Contract Renewal Act, or the Personal Information Protection | 21 |
| Act commits an unlawful practice within the meaning of this | 22 |
| Act.
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| (Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, | 24 |
| eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, | 25 |
| eff. 1-1-06; revised 8-19-05.)
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