Full Text of HB2934 98th General Assembly
HB2934enr 98TH GENERAL ASSEMBLY |
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| 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 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by renumbering and changing Section | 6 | | 2MMM as added by Public Act 97-1056 as follows: | 7 | | (815 ILCS 505/2PPP) | 8 | | Sec. 2PPP 2MMM . Internet dating , child care, senior care, | 9 | | and home care safety. It is an unlawful practice under this Act | 10 | | for an Internet dating service , Internet child care
service, | 11 | | Internet senior care service, or Internet home care service to | 12 | | fail to provide notice or falsely indicate that it has | 13 | | performed criminal background screenings in accordance with | 14 | | the Internet Dating , Internet Child Care,
Internet Senior Care, | 15 | | and Internet Home Care Safety Act. | 16 | | (Source: P.A. 97-1056, eff. 8-24-12; revised 1-24-13.) | 17 | | Section 10. The Internet Dating Safety Act is amended by | 18 | | changing Sections 1, 2, 5, 10, 15, and 20 and by adding Section | 19 | | 7 as follows: | 20 | | (815 ILCS 518/1)
| 21 | | Sec. 1. Short title. This Act may be cited as the Internet |
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| 1 | | Dating , Internet Child Care, Internet Senior Care, and Internet | 2 | | Home Care Safety Act.
| 3 | | (Source: P.A. 97-1056, eff. 8-24-12.) | 4 | | (815 ILCS 518/2)
| 5 | | Sec. 2. Findings, declarations. The Legislature finds and | 6 | | declares that residents of this State need to be informed of | 7 | | the potential risks of participating in Internet dating | 8 | | services , Internet child care
services, Internet senior care | 9 | | services, and Internet home care services . There is a public | 10 | | safety need to disclose whether criminal history background | 11 | | screenings have been performed and to increase public awareness | 12 | | of the possible risks associated with Internet dating , Internet | 13 | | child care, Internet senior care, and Internet home care | 14 | | activities. The primary purpose of this Act is to enhance the | 15 | | safety of individuals who use an Internet service to facilitate | 16 | | dating , child care, senior care, or home care . | 17 | | The offer of Internet dating services , child care services, | 18 | | senior care services, and home care services to residents of | 19 | | this State, and the acceptance of membership fees from | 20 | | residents of this State means that an Internet dating service , | 21 | | Internet child care
service, Internet senior care service, or | 22 | | Internet home care service is conducting business in this State | 23 | | and is subject to regulation by this State and the jurisdiction | 24 | | of the State's courts.
| 25 | | (Source: P.A. 97-1056, eff. 8-24-12.) |
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| 1 | | (815 ILCS 518/5)
| 2 | | Sec. 5. Definitions. As used in this Act: | 3 | | "Criminal background screening" means a name search for a | 4 | | person's criminal convictions initiated by an Internet on-line | 5 | | dating service provider , an Internet child care service | 6 | | provider, an Internet senior care service provider, or an | 7 | | Internet home care provider and conducted by:
| 8 | | (1) searching available and regularly updated | 9 | | government public record databases for criminal | 10 | | convictions so long as such databases, in the aggregate, | 11 | | provide substantial national coverage; or
| 12 | | (2) searching a database maintained by a private vendor | 13 | | that is regularly updated and is maintained in the United | 14 | | States with substantial national coverage of criminal | 15 | | history records and sexual offender registries.
| 16 | | "Internet dating service" means a person or entity in the | 17 | | business, for a fee, of providing dating, romantic | 18 | | relationship, or matrimonial services principally on or | 19 | | through the Internet.
| 20 | | "Internet child care service" means a person or entity, in | 21 | | the business, for a fee, of providing access to a database, | 22 | | principally on or through the Internet, of seekers and | 23 | | providers of child care services. | 24 | | "Internet senior care service" means a person or entity in | 25 | | the business, for a fee, of providing access to a database, |
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| 1 | | principally on or through the Internet, of seekers and | 2 | | providers of senior care services. | 3 | | "Internet home care service" means a person or entity in | 4 | | the business, for a fee, of providing access to a database, | 5 | | principally on or through the Internet, of seekers and | 6 | | providers of domestic home care services including, dog | 7 | | walkers, pet sitters, housekeepers, house cleaners, house | 8 | | sitters, and tutors. | 9 | | "Member" means a customer, client, or participant who | 10 | | submits to an Internet dating service , Internet child care
| 11 | | service, Internet senior care service, or Internet home care | 12 | | service information required to access the service for the | 13 | | purpose of engaging in dating, relationship, compatibility, | 14 | | matrimonial, or social , child care, senior care, or home care | 15 | | referral.
| 16 | | "Illinois member" means a member who provides an Illinois | 17 | | billing address or zip code when registering with the service.
| 18 | | "Criminal conviction" means a conviction for any crime | 19 | | including but not limited to any sex offense that would qualify | 20 | | the offender for registration pursuant to the Sex Offender | 21 | | Registration Act or under another jurisdiction's equivalent | 22 | | statute.
| 23 | | (Source: P.A. 97-1056, eff. 8-24-12.) | 24 | | (815 ILCS 518/7 new) | 25 | | Sec. 7. Exceptions. This Act does not apply to: |
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| 1 | | (1) an individual who is considered an "employee" as | 2 | | defined in the Health Care Worker Background Check Act; or | 3 | | (2) an individual or service provider who is considered | 4 | | a "health care employer" as defined in the Health Care | 5 | | Worker Background Check Act. | 6 | | (815 ILCS 518/10)
| 7 | | Sec. 10. Requirements for Internet dating services , | 8 | | Internet child care
services, Internet senior care services, | 9 | | and Internet home care services . | 10 | | (a) An Internet dating service , Internet child care
| 11 | | service, Internet senior care service, or Internet home care | 12 | | service offering services to Illinois members shall provide a | 13 | | safety awareness notification to all Illinois members that | 14 | | includes, at a minimum, a list and description of safety | 15 | | measures reasonably designed to increase awareness of safer | 16 | | dating , child care, senior care, and home care practices as | 17 | | determined by the service. | 18 | | Examples of such notifications include, but are not limited | 19 | | to: | 20 | | (1) "Anyone who is able to commit identity theft can | 21 | | also falsify a dating profile , a child care profile, a | 22 | | senior care profile, or a home care profile ."
| 23 | | (2) "There is no substitute for acting with caution | 24 | | when communicating with any stranger who wants to meet | 25 | | you."
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| 1 | | (3) "Never include your last name, e-mail address, home | 2 | | address, phone number, place of work, or any other | 3 | | identifying information in your Internet profile or | 4 | | initial e-mail messages. Stop communicating with anyone | 5 | | who pressures you for personal or financial information or | 6 | | attempts in any way to trick you into revealing it."
| 7 | | (4) "If you choose to have a face-to-face meeting with | 8 | | another member, always tell someone in your family or a | 9 | | friend where you are going and when you will return. Never | 10 | | agree to be picked up at your home. Always provide your own | 11 | | transportation to and from your date and meet in a public | 12 | | place with many people around."
| 13 | | (b) If an Internet dating service , Internet child care
| 14 | | service, Internet senior care service, or Internet home care | 15 | | service does not conduct criminal background screenings on its | 16 | | members, the service shall disclose, clearly and | 17 | | conspicuously, to all Illinois members that the Internet dating | 18 | | service does not conduct criminal background screenings. The | 19 | | disclosure shall be provided in two or more of the following | 20 | | forms: when an electronic mail message is sent or received by | 21 | | an Illinois member, in a "click-through" or other similar | 22 | | presentation requiring a member from this State to acknowledge | 23 | | that they have received the information required by this Act, | 24 | | on the profile describing a member to an Illinois member, and | 25 | | on the website pages or homepage of the Internet dating | 26 | | service , Internet child care
service, Internet senior care |
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| 1 | | service, or Internet home care service used when an Illinois | 2 | | member signs up. A disclosure under this subsection shall be in | 3 | | bold, capital letters in at least 12-point type.
| 4 | | (c) If an Internet dating service , Internet child care
| 5 | | service, Internet senior care service, or Internet home care | 6 | | service conducts criminal background screenings on all of its | 7 | | communicating members, then the service shall disclose, | 8 | | clearly and conspicuously, to all Illinois members that the | 9 | | Internet dating service , Internet child care
service, Internet | 10 | | senior care service, or Internet home care service conducts a | 11 | | criminal background screening on each member prior to | 12 | | permitting an Illinois member to communicate with another | 13 | | member. The disclosure shall be provided on the website pages | 14 | | used when an Illinois member signs up. A disclosure under this | 15 | | subsection shall be in bold, capital letters in at least | 16 | | 12-point type.
| 17 | | (d) If an Internet dating service , Internet child care
| 18 | | service, Internet senior care service, or Internet home care | 19 | | service conducts criminal background screenings, then the | 20 | | service shall disclose whether it has a policy allowing a | 21 | | member who has been identified as having a criminal conviction | 22 | | to have access to its service to communicate with any Illinois | 23 | | member; shall state that criminal background screenings are not | 24 | | foolproof; that they may give members a false sense of | 25 | | security; that they are not a perfect safety solution; that | 26 | | criminals may circumvent even the most sophisticated search |
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| 1 | | technology; that not all criminal records are public in all | 2 | | states and not all databases are up to date; that only publicly | 3 | | available convictions are included in the screening; and that | 4 | | screenings do not cover other types of convictions or arrests | 5 | | or any convictions from foreign countries.
| 6 | | (Source: P.A. 97-1056, eff. 8-24-12.) | 7 | | (815 ILCS 518/15)
| 8 | | Sec. 15. Unlawful practices for Internet dating services , | 9 | | Internet child care
services, Internet senior care services, | 10 | | and Internet home care services . It is an unlawful practice | 11 | | under the Consumer Fraud and Deceptive Business Practices Act | 12 | | for an Internet dating service , Internet child care
service, | 13 | | Internet senior care service, or Internet home care service to | 14 | | fail to provide notice or falsely indicate that it has | 15 | | performed criminal background screenings in accordance with | 16 | | this Act.
| 17 | | (Source: P.A. 97-1056, eff. 8-24-12.) | 18 | | (815 ILCS 518/20)
| 19 | | Sec. 20. No violation to serve as intermediary. An | 20 | | Internet service provider or website hosting service does not | 21 | | violate this Act as a result of serving as an intermediary for | 22 | | the transmission of electronic messages between members of an | 23 | | Internet dating service , Internet child care
service, Internet | 24 | | senior care service, or Internet home care service .
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| 1 | | (Source: P.A. 97-1056, eff. 8-24-12.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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