HB5039 100TH GENERAL ASSEMBLY

LRB100 16221 JLS 34379 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5039

Introduced , by Rep. Barbara Wheeler

SYNOPSIS AS INTRODUCED:

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

Creates the Human Trafficking and Child Exploitation Prevention Act. Provides that it is unlawful to make available a device that makes content accessible on the Internet unless the product contains digital blocking capability that renders obscene material inaccessible. Permits the blocking capability to be deactivated. Provides a remedy if non-obscene material is blocked. Imposes a fee upon devices for which blocking capability is disabled. Permits the collection of opt-in fees for products that make Internet content available. Authorizes the Attorney General or a consumer to seek damages. Provides that fees shall be remitted to the Department of Revenue. Specifies the purposes for which, subject to appropriation, the fees may be used. Amends the Consumer Fraud and Deceptive Business Practices Act to include this Act within the list of Acts subject to the Consumer Fraud and Deceptive Business Practice Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

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 Human Trafficking and Child Exploitation Prevention Act.

Section 5. Unlawful practice.

(a) A person may not manufacture, sell, offer for sale, lease, or distribute a product that makes content accessible on the Internet:

(1) unless the product contains digital blocking capability that renders any obscene material, as defined in Criminal Code of 2012, inaccessible; and

(2) to a minor unless the digital blocking capability is active and properly operating to make obscene material inaccessible.

(b) A person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet shall:

(1) make reasonable and ongoing efforts to ensure that the digital content blocking capability functions properly;

(2) establish a reporting mechanism, such as a website or call center, to allow a consumer to report unblocked obscene material or report blocked material that is not obscene;

(3) ensure that all child pornography and revenge pornography is inaccessible on the product;

(4) prohibit the product from accessing any hub that facilitates prostitution; and

(5) render websites that are known to facilitate human trafficking, in violation of the Criminal Code of 2012, inaccessible.

Section 10. Deactivation of blocking capability.

(a) Any digital blocking capability may be deactivated after a consumer:

(1) requests that the capability be disabled;

(2) presents identification to verify that the consumer is 18 years of age or older;

(3) acknowledges receiving a written warning regarding the potential danger of deactivating the digital blocking capability; and

(4) pays a one-time $20 digital access fee.

(b) A person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet may charge its own separate opt-in fee for each product that enters this State's stream of commerce.

Section 15. Collection and distribution of fees.

(a) Each quarter, a person that receives a digital access fee or an opt-in fee under Section 10 shall do both of the following:

(1) Remit all fee proceeds to the Department of Revenue in the manner prescribed by the Department of Revenue.

(2) File a report with the Department of Revenue containing the information prescribed by the Department of Revenue.

(b) The Department of Revenue shall deposit the funds remitted under this Section as follows:

(1) 60% shall be deposited into the Specialized Services for Survivors of Human Trafficking Fund.

(2) 40% shall be deposited into the Alcoholism and Substance Abuse Fund.

(c) Moneys received under this Section may be expended only pursuant to appropriation.

Section 20. Blocking material other than obscene material.

(a) If the digital blocking capability blocks material that is not obscene and the block is reported to a call center or reporting website, the material shall be unblocked within a reasonable time, but in no event later than 5 business days after the block is first reported.

(b) A consumer may seek judicial relief to unblock filtered content.

(c) If a person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet is unresponsive to a report of obscene material that has breached the filter, the Attorney General or a consumer may file a civil suit. The Attorney General or a consumer may seek damages of up to $500 for each piece of content that was reported but not subsequently blocked. The prevailing party in the civil action may seek attorney's fees.

Section 25. Violation; enforcement. A violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Act.

Section 90. 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)

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 Installment Sales Contract 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 Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Human Trafficking and Child Exploitation Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax 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 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; revised 10-6-17.)