Full Text of HB2649 095th General Assembly
HB2649eng 95TH GENERAL ASSEMBLY
|
|
|
HB2649 Engrossed |
|
LRB095 00874 LCT 20876 b |
|
| 1 |
| AN ACT concerning business.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 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 |
| "Member" means a person who submits to an online dating | 11 |
| service provider the information required by the provider to | 12 |
| access the provider's service for the purpose of engaging in | 13 |
| dating, participating in compatibility evaluations with other | 14 |
| persons, or obtaining matrimonial matching services. | 15 |
| "Online dating service provider" or "provider" means a | 16 |
| person engaged in the business of offering or providing to its | 17 |
| members for a fee access to dating, compatibility evaluations | 18 |
| between persons, or matrimonial matching services through the | 19 |
| Internet. | 20 |
| "Sex offender registrant search" means a search for a | 21 |
| person's current and historical registration status on each | 22 |
| state's available sex offender registry, including the | 23 |
| District of Columbia and Puerto Rico, initiated by an online |
|
|
|
HB2649 Engrossed |
- 2 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| dating service provider conducted through one of the means | 2 |
| provided for in Section 10 of this Act. | 3 |
| "Sex offense conviction" means a conviction for an offense | 4 |
| that would qualify the offender for registration as a sex | 5 |
| offender pursuant to the Sex Offender Registration Act or under | 6 |
| another state's equivalent statute. | 7 |
| Section 10. Sex offender registrant search. For purposes of | 8 |
| this Act, a sex offender registrant search shall be conducted | 9 |
| through one of the following means: | 10 |
| (1) by searching each available and regularly updated | 11 |
| state-wide sex offender registry database in all 50 states | 12 |
| plus Washington, D.C. and Puerto Rico; or | 13 |
| (2) by searching a database maintained and regularly | 14 |
| updated by a private vendor whose database contains | 15 |
| state-wide sex offender registrant information for all 50 | 16 |
| states plus Washington, D.C. and Puerto Rico as would be | 17 |
| otherwise accessible through searches of all the available | 18 |
| government databases specified in item (1) of this Section. | 19 |
| Section 15. Sex offender registrant search; disclosures. | 20 |
| (a) An online dating service provider offering services to | 21 |
| residents of this State shall disclose clearly and | 22 |
| conspicuously, to any member who provides a billing address or | 23 |
| a zip code in this State when registering with the provider, if | 24 |
| the online dating service provider does not initiate such a sex |
|
|
|
HB2649 Engrossed |
- 3 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| offender registrant search. | 2 |
| (b) If the online dating service provider does not initiate | 3 |
| sex offender registrant searches, the provider must make a | 4 |
| disclosure that shall read: | 5 |
| "NO SEX OFFENDER REGISTRY SEARCH IS DONE ON MEMBERS WHO | 6 |
| USE THIS SERVICE. PLEASE TAKE APPROPRIATE SAFETY MEASURES | 7 |
| TO INCREASE AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH | 8 |
| DATING."
| 9 |
| (c) The disclosure required by subsection (b) of this | 10 |
| Section shall appear on a web page required to be viewed by a | 11 |
| person applying to be a member who has indicated a billing | 12 |
| address or zip code in this State in the registration process. | 13 |
| The disclosure cannot be more than 3 inches from the top of the | 14 |
| web page and must be: | 15 |
| (1) in bold capital letters; | 16 |
| (2) in at least 12 point type; and | 17 |
| (3) in a color that contrasts from the background. | 18 |
| The provider shall require the applicant in this State to | 19 |
| make an electronic acknowledgement that the applicant has been | 20 |
| provided the disclosure before the applicant is accepted as a | 21 |
| member. The disclosure required by subsection (b) of this | 22 |
| Section shall additionally appear on any page that appears to a | 23 |
| member in this State each time that member initiates or | 24 |
| receives a communication with another member through the | 25 |
| provider's service. | 26 |
| (d) If the online dating service provider conducts sex |
|
|
|
HB2649 Engrossed |
- 4 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| offender registry searches and the provider has a policy | 2 |
| allowing a member who has been identified as being on a sex | 3 |
| offender registry to have access to its service to communicate | 4 |
| with any member in this State, the provider shall clearly and | 5 |
| conspicuously disclose on any communication to a member in this | 6 |
| State from the member who has been identified
as having been on | 7 |
| a sex offender registry, and on any web page that is seen by or | 8 |
| transmitted to a member in this State that contains the | 9 |
| personal information for the member who has been identified as | 10 |
| having been on a sex offender registry and that is seen by or | 11 |
| communicated to a member in this State, a disclosure that shall | 12 |
| read:
| 13 |
| "THIS PERSON HAS BEEN IDENTIFIED AS A CURRENT OR FORMER | 14 |
| SEX OFFENDER REGISTERED ON ONE OR MORE SEX OFFENDER | 15 |
| REGISTRIES." | 16 |
| (e) Prior to disclosing to any member or publicizing in any | 17 |
| manner that a member has been identified as having been on a | 18 |
| sex offender registry, the provider shall, if it conducted the | 19 |
| search in accordance with item (1) of Section 10, notify the | 20 |
| member identified as having been on a sex offender registry of | 21 |
| the results of the search. If the provider conducts the search | 22 |
| in accordance with item (2) of Section 10, it shall notify and | 23 |
| require the private vendor to contact the member having been | 24 |
| identified as having been on a sex offender registry regarding | 25 |
| the results of the search. | 26 |
| If within 10 days of receipt of notification the member |
|
|
|
HB2649 Engrossed |
- 5 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| disputes the accuracy of his or her status as having been on a | 2 |
| sex offender registry, the provider either personally or | 3 |
| through its vendor shall, within 30 days of receipt of | 4 |
| information from the member contesting the accuracy of the sex | 5 |
| offender search, make a determination of its accuracy and so | 6 |
| notify the member. | 7 |
| Section 20. Provider policies; disclosure. An online | 8 |
| dating service provider that conducts sex offender registry | 9 |
| searches shall establish an automatic electronic link to a web | 10 |
| page that provides a safety awareness notification. At a | 11 |
| minimum, the safety awareness notification shall provide the | 12 |
| following:
| 13 |
| (1) A statement that reads: | 14 |
| "PERSONAL SAFETY AWARENESS NOTICE CAUTION: | 15 |
| The sex offender registrant searches for sex | 16 |
| offenders convictions are not foolproof and are not | 17 |
| intended to give members a false sense of security. Sex | 18 |
| offender registrant searches are not a perfect safety | 19 |
| solution and offenders may circumvent even the most | 20 |
| sophisticated search technology or registration | 21 |
| requirements. | 22 |
| Not all sex offender records are public in all | 23 |
| states and not all databases are up-to-date. Only | 24 |
| publicly available sex offender registrant data is | 25 |
| included in the search. |
|
|
|
HB2649 Engrossed |
- 6 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| Anyone who is able to commit identity theft can | 2 |
| also falsify a dating profile. | 3 |
| There is no substitute for using good common sense | 4 |
| and acting with caution when communicating with any | 5 |
| stranger who wants to meet you."
| 6 |
| (2) A list and description of safety measures | 7 |
| reasonably designed to increase awareness of safer dating | 8 |
| practices as determined by the provider. | 9 |
| Section 25. Application. Any online dating service | 10 |
| provider that signs up members from Illinois must comply with | 11 |
| the provisions of this Act. | 12 |
| Section 30. Jurisdiction. An online dating service that | 13 |
| engages in the act of transmitting files over the Internet | 14 |
| addressed to residents of the State, and the act of accepting | 15 |
| membership fees from residents of the State, means that the | 16 |
| online dating service is operating, conducting, engaging in, | 17 |
| and otherwise carrying on a business in the State, subjecting | 18 |
| the online dating service providers to regulation by the State | 19 |
| and to the jurisdiction of the State's courts. | 20 |
| Section 35. Unlawful practice. Failure to comply with the | 21 |
| disclosure requirements of this Act shall constitute an | 22 |
| unlawful business practice under the Consumer Fraud and | 23 |
| Deceptive Business Practices Act. Each failure to provide the |
|
|
|
HB2649 Engrossed |
- 7 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| required disclosure constitutes a separate violation. | 2 |
| Section 40. Exemptions. | 3 |
| (a) An Internet service provider does not violate this Act | 4 |
| as a result of serving as an intermediary for the transmission | 5 |
| of electronic messages between members of an online dating | 6 |
| service provider. | 7 |
| (b) An Internet access service or other Internet service | 8 |
| provider shall not be considered an online dating service | 9 |
| provider within the meaning of this Act as to any online dating | 10 |
| service website provided by another person or entity. | 11 |
| (c) An Internet service provider that has fewer than 1,000 | 12 |
| members is exempt from the requirements of this Act. | 13 |
| Section 45. Severability. If any provision of this Act or | 14 |
| its application to any person or circumstance is held invalid, | 15 |
| the invalidity of that provision or application does not affect | 16 |
| other provisions or applications of this Act that can be given | 17 |
| effect without the invalid provision or application.
| 18 |
| Section 90. The Consumer Fraud and Deceptive Business | 19 |
| Practices Act is amended by changing Section 2Z as follows:
| 20 |
| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 21 |
| (Text of Section before amendment by P.A. 95-562 ) | 22 |
| Sec. 2Z. Violations of other Acts. Any person who knowingly |
|
|
|
HB2649 Engrossed |
- 8 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| violates
the Automotive Repair Act, the Automotive Collision | 2 |
| Repair Act,
the Home Repair and Remodeling Act,
the Dance | 3 |
| Studio Act,
the Physical Fitness Services Act,
the Hearing | 4 |
| Instrument Consumer Protection Act,
the Illinois Union Label | 5 |
| Act,
the Job Referral and Job Listing Services Consumer | 6 |
| Protection Act,
the Travel Promotion Consumer Protection Act,
| 7 |
| the Credit Services Organizations Act,
the Automatic Telephone | 8 |
| Dialers Act,
the Pay-Per-Call Services Consumer Protection | 9 |
| Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 10 |
| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | 11 |
| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | 12 |
| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | 13 |
| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 14 |
| Act, the Payday Loan Reform Act, subsection
(a) or (b) of | 15 |
| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | 16 |
| Act, the Internet Caller Identification Act, paragraph (6)
of
| 17 |
| subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 18 |
| the Internet Dating Disclosure and Safety Awareness Act, | 19 |
| Article 3 of the Residential Real Property Disclosure Act, the | 20 |
| Automatic Contract Renewal Act, or the Personal Information | 21 |
| Protection Act commits an unlawful practice within the meaning | 22 |
| of this Act.
| 23 |
| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | 24 |
| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, | 25 |
| eff. 1-1-08.)
|
|
|
|
HB2649 Engrossed |
- 9 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| (Text of Section after amendment by P.A. 95-562 ) | 2 |
| Sec. 2Z. Violations of other Acts. Any person who knowingly | 3 |
| violates
the Automotive Repair Act, the Automotive Collision | 4 |
| Repair Act,
the Home Repair and Remodeling Act,
the Dance | 5 |
| Studio Act,
the Physical Fitness Services Act,
the Hearing | 6 |
| Instrument Consumer Protection Act,
the Illinois Union Label | 7 |
| Act,
the Job Referral and Job Listing Services Consumer | 8 |
| Protection Act,
the Travel Promotion Consumer Protection Act,
| 9 |
| the Credit Services Organizations Act,
the Automatic Telephone | 10 |
| Dialers Act,
the Pay-Per-Call Services Consumer Protection | 11 |
| Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 12 |
| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | 13 |
| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | 14 |
| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | 15 |
| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 16 |
| Act, the Payday Loan Reform Act, subsection
(a) or (b) of | 17 |
| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | 18 |
| Act, the Internet Caller Identification Act, paragraph (6)
of
| 19 |
| subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 20 |
| Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the | 21 |
| Illinois Vehicle Code, the Internet Dating Disclosure and | 22 |
| Safety Awareness Act, Article 3 of the Residential Real | 23 |
| Property Disclosure Act, the Automatic Contract Renewal Act, or | 24 |
| the Personal Information Protection Act commits an unlawful | 25 |
| practice within the meaning of this Act.
| 26 |
| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, |
|
|
|
HB2649 Engrossed |
- 10 - |
LRB095 00874 LCT 20876 b |
|
| 1 |
| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, | 2 |
| eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.) | 3 |
| Section 95. No acceleration or delay. Where this Act makes | 4 |
| changes in a statute that is represented in this Act by text | 5 |
| that is not yet or no longer in effect (for example, a Section | 6 |
| represented by multiple versions), the use of that text does | 7 |
| not accelerate or delay the taking effect of (i) the changes | 8 |
| made by this Act or (ii) provisions derived from any other | 9 |
| Public Act. |
|