Illinois General Assembly - Full Text of HB2934
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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,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by renumbering and changing Section
62MMM as added by Public Act 97-1056 as follows:
 
7    (815 ILCS 505/2PPP)
8    Sec. 2PPP 2MMM. Internet dating, child care, senior care,
9and home care safety. It is an unlawful practice under this Act
10for an Internet dating service, Internet child care service,
11Internet senior care service, or Internet home care service to
12fail to provide notice or falsely indicate that it has
13performed criminal background screenings in accordance with
14the Internet Dating, Internet Child Care, Internet Senior Care,
15and 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
18changing Sections 1, 2, 5, 10, 15, and 20 and by adding Section
197 as follows:
 
20    (815 ILCS 518/1)
21    Sec. 1. Short title. This Act may be cited as the Internet

 

 

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1Dating, Internet Child Care, Internet Senior Care, and Internet
2Home 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
6declares that residents of this State need to be informed of
7the potential risks of participating in Internet dating
8services, Internet child care services, Internet senior care
9services, and Internet home care services. There is a public
10safety need to disclose whether criminal history background
11screenings have been performed and to increase public awareness
12of the possible risks associated with Internet dating, Internet
13child care, Internet senior care, and Internet home care
14activities. The primary purpose of this Act is to enhance the
15safety of individuals who use an Internet service to facilitate
16dating, child care, senior care, or home care.
17    The offer of Internet dating services, child care services,
18senior care services, and home care services to residents of
19this State, and the acceptance of membership fees from
20residents of this State means that an Internet dating service,
21Internet child care service, Internet senior care service, or
22Internet home care service is conducting business in this State
23and is subject to regulation by this State and the jurisdiction
24of 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
4person's criminal convictions initiated by an Internet on-line
5dating service provider, an Internet child care service
6provider, an Internet senior care service provider, or an
7Internet 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
17business, for a fee, of providing dating, romantic
18relationship, or matrimonial services principally on or
19through the Internet.
20    "Internet child care service" means a person or entity, in
21the business, for a fee, of providing access to a database,
22principally on or through the Internet, of seekers and
23providers of child care services.
24    "Internet senior care service" means a person or entity in
25the business, for a fee, of providing access to a database,

 

 

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1principally on or through the Internet, of seekers and
2providers of senior care services.
3    "Internet home care service" means a person or entity in
4the business, for a fee, of providing access to a database,
5principally on or through the Internet, of seekers and
6providers of domestic home care services including, dog
7walkers, pet sitters, housekeepers, house cleaners, house
8sitters, and tutors.
9    "Member" means a customer, client, or participant who
10submits to an Internet dating service, Internet child care
11service, Internet senior care service, or Internet home care
12service information required to access the service for the
13purpose of engaging in dating, relationship, compatibility,
14matrimonial, or social, child care, senior care, or home care
15referral.
16    "Illinois member" means a member who provides an Illinois
17billing address or zip code when registering with the service.
18    "Criminal conviction" means a conviction for any crime
19including but not limited to any sex offense that would qualify
20the offender for registration pursuant to the Sex Offender
21Registration Act or under another jurisdiction's equivalent
22statute.
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,
8Internet child care services, Internet senior care services,
9and Internet home care services.
10    (a) An Internet dating service, Internet child care
11service, Internet senior care service, or Internet home care
12service offering services to Illinois members shall provide a
13safety awareness notification to all Illinois members that
14includes, at a minimum, a list and description of safety
15measures reasonably designed to increase awareness of safer
16dating, child care, senior care, and home care practices as
17determined by the service.
18    Examples of such notifications include, but are not limited
19to:
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
14service, Internet senior care service, or Internet home care
15service does not conduct criminal background screenings on its
16members, the service shall disclose, clearly and
17conspicuously, to all Illinois members that the Internet dating
18service does not conduct criminal background screenings. The
19disclosure shall be provided in two or more of the following
20forms: when an electronic mail message is sent or received by
21an Illinois member, in a "click-through" or other similar
22presentation requiring a member from this State to acknowledge
23that they have received the information required by this Act,
24on the profile describing a member to an Illinois member, and
25on the website pages or homepage of the Internet dating
26service, Internet child care service, Internet senior care

 

 

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1service, or Internet home care service used when an Illinois
2member signs up. A disclosure under this subsection shall be in
3bold, capital letters in at least 12-point type.
4    (c) If an Internet dating service, Internet child care
5service, Internet senior care service, or Internet home care
6service conducts criminal background screenings on all of its
7communicating members, then the service shall disclose,
8clearly and conspicuously, to all Illinois members that the
9Internet dating service, Internet child care service, Internet
10senior care service, or Internet home care service conducts a
11criminal background screening on each member prior to
12permitting an Illinois member to communicate with another
13member. The disclosure shall be provided on the website pages
14used when an Illinois member signs up. A disclosure under this
15subsection shall be in bold, capital letters in at least
1612-point type.
17    (d) If an Internet dating service, Internet child care
18service, Internet senior care service, or Internet home care
19service conducts criminal background screenings, then the
20service shall disclose whether it has a policy allowing a
21member who has been identified as having a criminal conviction
22to have access to its service to communicate with any Illinois
23member; shall state that criminal background screenings are not
24foolproof; that they may give members a false sense of
25security; that they are not a perfect safety solution; that
26criminals may circumvent even the most sophisticated search

 

 

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1technology; that not all criminal records are public in all
2states and not all databases are up to date; that only publicly
3available convictions are included in the screening; and that
4screenings do not cover other types of convictions or arrests
5or 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,
9Internet child care services, Internet senior care services,
10and Internet home care services. It is an unlawful practice
11under the Consumer Fraud and Deceptive Business Practices Act
12for an Internet dating service, Internet child care service,
13Internet senior care service, or Internet home care service to
14fail to provide notice or falsely indicate that it has
15performed criminal background screenings in accordance with
16this 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
20Internet service provider or website hosting service does not
21violate this Act as a result of serving as an intermediary for
22the transmission of electronic messages between members of an
23Internet dating service, Internet child care service, Internet
24senior 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
3becoming law.