HB4874 95TH GENERAL ASSEMBLY

LRB095 13999 RLC 39826 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4874

Introduced , by Rep. Tom Cross - Ruth Munson - Brent Hassert - Dennis M. Reboletti - James H. Meyer, et al.

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Social Networking Website Access Restriction Act. Provides that an owner of a social networking website must obtain and maintain in a database the written permission of the parent or guardian of each minor who is allowed access to the social networking website. Provides that an owner of a social networking website must give each parent or guardian unlimited access to the webpage profile of the minor under his or her supervision. Provides that an owner of a social networking website must implement procedures for verification of the age and information of anyone having a webpage on the social networking website. Provides that an owner of a social networking website must also verify the status of the parents or guardians who have granted permission to a minor to host a social networking website. Prohibits registered sex offenders from hosting or accessing a social networking website. Provides that operators of a social networking website must allow the parent or guardian of the minor unrestricted access to the profile webpage of the minor at all times. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a knowing violation by an owner or operator of the Social Networking Website Access Restriction Act is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning sex offenders.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Social Networking Website Access Restriction Act.

Section 5. Definitions. For the purposes of this Act:

"Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.

"Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers.

"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.

"Minor" means a person under 18 years of age.

"Online" means the use of any electronic or wireless device to access the Internet.

"Social networking website" means an Internet website containing profile web pages of the members of the website that include the names or nicknames of such members, photographs placed on the profile web pages by such member, or any other personal or personally identifying information about such members and links to other profile web pages on social networking websites of friends or associates of such members that can be accessed by other members or visitors to the website. A social networking website provides members of or visitors to such website the ability to leave messages or comments on the profile web page that are visible to all or some visitors to the profile web page and may also include a form of electronic mail for members of the social networking website.

Section 10. Parental notification and access to social networking websites of minors.

(a) An owner of a social networking website must obtain and maintain in a database the written permission of the parent or guardian of each minor who is allowed access to the social networking website. An owner of a social networking website must give each parent or guardian unlimited access to the webpage profile of the minor under his or her supervision. An owner of a social networking website must implement procedures for verification of the age and information of anyone having a webpage on the social networking website. An owner of a social networking website must also verify the status of the parents or guardians who have granted permission to a minor to host a social networking website. Registered sex offenders are prohibited from hosting or accessing a social networking website.

(b) An operator of a social networking website may not allow a minor to use or access a computer within Illinois to create or maintain a profile web page on the website without first obtaining the written permission of the minor's parents or guardians.

(c) Operators of a social networking website must allow the parent or guardian of the minor unrestricted access to the profile webpage of the minor at all times.

(d) The operator of a social networking website must adopt and implement procedures to utilize independently obtainable information to confirm the accuracy of the age and personal identification information collected from:

(1) potential members of a social networking website; and

(2) the parents and guardians of children applying for a profile webpage.

(e) The owner or operator of a social networking website must keep either a hard copy or electronically scanned copy of the written permission of the parents or guardians in a database maintained by the social networking website.

(f) Sentence. A person convicted of or placed on supervision for a sex offense that qualifies the person to register as a sex offender under the Sex Offender Registration Act who knowingly obtains access to a profile webpage from a social networking website and knows or reasonably should have known that the person depicted on the page is a minor is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.

(g) Each day that the owners or operators of a social networking website fail to adopt and implement the procedures required by this Act constitutes a separate and distinct violation.

Section 105. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

(Text of Section before amendment by P.A. 95-562)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act, or subsection (a), (b), (c), (d), (e), or (g) of Section 10 of the Social Networking Website Access Restriction Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, eff. 1-1-08.)

(Text of Section after amendment by P.A. 95-562)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act, or subsection (a), (b), (c), (d), (e), or (g) of Section 10 of the Social Networking Website Access Restriction Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.)

Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.