SB1404 95TH GENERAL ASSEMBLY

LRB095 08818 LCT 29003 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1404

Introduced 2/9/2007, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.675 new
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Internet Dating Disclosure and Safety Awareness Act. Requires an online dating service provider offering services to residents of this State to disclose clearly and conspicuously, to any member who provides a billing address or a zip code in this State when registering with the provider, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check. Provides language concerning the disclosures. Requires an online dating service provider that conducts criminal background checks to post a safety awareness notification and provides required language for that notification. Provides that failure to comply with the disclosure requirements of the Act shall constitute an unlawful business practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that each failure to provide the required disclosure constitutes a separate violation. Provides for civil penalties. Creates the Internet Dating Disclosure and Safety Awareness Act Fund to be used by the Office of the Attorney General for enforcement of the Act. Amends the State Finance Act to create the Internet Dating Disclosure and Safety Awareness Act Fund. Amends the Consumer Fraud and Deceptive Business Practices Act. Adds the Internet Dating Disclosure and Safety Awareness Act to the list of Acts that the knowing violation of which constitutes an unlawful business practice.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning businesses.

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 Internet Dating Disclosure and Safety Awareness Act.

Section 5. Definitions. As used in this Act:

"Communicate" or "communicating" means free-form text authored by a member or real-time voice communication through an online dating service provider.

"Criminal background check" means a search for a person's felony and sex offense convictions initiated by an online dating service provider conducted through one of the means provided for in Section 10 of this Act.

"Member" means a person who submits to an online dating service provider the information required by the provider to access the provider's service for the purpose of engaging in dating, participating in compatibility evaluations with other persons, or obtaining matrimonial matching services.

"Online dating service provider" or "provider" means a person engaged in the business of offering or providing to its members for a fee access to dating, compatibility evaluations between persons, or matrimonial matching services through the Internet.

"Sex offense conviction" means a conviction for an offense that would qualify the offender for registration as a sex offender pursuant to the Sex Offender Registration Act or under another state's equivalent statute.

Section 10. Criminal background check. For purposes of this Act, a criminal background check shall be conducted through one of the following means:

(1) by searching available and regularly updated government public record databases for felony and sex offense convictions so long as the databases, in the aggregate, provide substantially national coverage; or

(2) by searching a database maintained by a private vendor whose database contains more than 170,000,000 criminal records that are otherwise available to the public, has substantially national coverage, is updated at least every 30 days, is operated and maintained in the United States, and contains at least the same or substantially similar criminal history records as would be otherwise accessible through searches of all the available government databases specified in item (1) of this Section.

Section 15. Criminal background check; disclosures.

(a) An online dating service provider offering services to residents of this State shall disclose clearly and conspicuously, to any member who provides a billing address or a zip code in this State when registering with the provider, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check.

(b) If the online dating service provider does not initiate criminal background checks, the provider must make a disclosure that shall read:

"NO BACKGROUND CHECK OF FELONY OR SEX OFFENSE CONVICTIONS IS DONE ON MEMBERS WHO USE THIS SERVICE. PLEASE TAKE APPROPRIATE SAFETY MEASURES TO INCREASE AWARENESS OF POSSIBLE RISKS ASSOCIATED WITH DATING."

(c) If the online dating service provider does initiate criminal background checks, the disclosure shall read:

"...............(NAME OF PROVIDER)......... INITIATES A LIMITED BACKGROUND CHECK FOR FELONY AND SEX OFFENSE CONVICTIONS BEFORE A MEMBER IS PERMITTED TO COMMUNICATE WITH ANY MEMBER FROM ILLINOIS."

(d) The disclosure required by either subsection (b) or subsection (c) of this Section shall appear on a web page required to be viewed by a person applying to be a member who has indicated a billing address or zip code in this State in the registration process. The disclosure cannot be more than 3 inches from the top of the web page and must be:

(1) in bold capital letters;

(2) in at least 12 point type; and

(3) in a color that contrasts from the background.

The provider shall require the applicant in this State to make an electronic acknowledgement that the applicant has been provided the disclosure before the applicant is accepted as a member. The disclosure required by either subsection (b) or subsection (c) of this Section shall additionally appear on any page that appears to a member in this State each time that member initiates or receives a communication with another member through the provider's service.

(e) If the online dating service provider conducts criminal background checks and the provider has a policy allowing a member who has been identified as having a felony or sex offense conviction to have access to its service to communicate with any member in this State, the provider shall clearly and conspicuously disclose on any communication to a member in this State from the member who has been identified as having a felony or sex offense conviction, and on any web page that is seen by or transmitted to a member in this State that contains the personal information for the member who has been identified as having a felony or sex offense conviction and that is seen by or communicated to a member in this State, a disclosure that shall read:

"THIS PERSON HAS BEEN IDENTIFIED AS HAVING A FELONY OR SEX OFFENSE CONVICTION."

Section 20. Provider policies; disclosure. An online dating service provider that conducts criminal background checks shall establish an automatic electronic link from any web page containing the disclosure required by subsection (c) of Section 15 to a web page that provides a safety awareness notification. The web page containing the safety awareness notification shall be configured such that it shall automatically appear each time a member makes the electronic acknowledgement of the disclosure under subsection (c) of Section 15. The member is required to make an electronic acknowledgement of the safety awareness notification each time it appears and the acknowledgement shall appear at the bottom of the web page containing the notification. At a minimum, the safety awareness notification shall provide the following:

(1) A statement that reads:

"PERSONAL SAFETY AWARENESS NOTICE CAUTION: Before allowing Illinois members to communicate with other members . . . [Name of provider] . . . initiates a background check of available public records to determine if any felony or sex offense convictions are identified based on the name and other information we require of members to create a profile. The purpose is to provide a preliminary background screening for protection of our members before they are permitted to begin communicating directly with each other.

The background checks for felony and sex offense convictions are not foolproof and are not intended to give members a false sense of security. Background checks are not a perfect safety solution and criminals may circumvent even the most sophisticated search technology.

Not all criminal records are public in all states and not all databases are up-to-date. Only publicly available felony and sex offense convictions are included in the background check, but background checks do not cover other convictions or arrests or any convictions from foreign countries.

Anyone who is able to commit identity theft can also falsify a dating profile.

There is no substitute for using good common sense and acting with caution when communicating with any stranger who wants to meet you."

(2) A list and description of safety measures reasonably designed to increase awareness of safer dating practices as determined by the provider.

Section 25. Application. Any online dating service provider that signs up members from Illinois must comply with the provisions of this Act.

Section 30. Jurisdiction. An online dating service that engages in the act of transmitting files over the Internet addressed to residents of the State, and the act of accepting membership fees from residents of the State, means that the online dating service is operating, conducting, engaging in, and otherwise carrying on a business in the State, subjecting the online dating service providers to regulation by the State and to the jurisdiction of the State's courts.

Section 35. Unfair business practice. Failure to comply with the disclosure requirements of this Act shall constitute an unlawful business practice under the Consumer Fraud and Deceptive Business Practices Act. Each failure to provide the required disclosure constitutes a separate violation.

Section 40. Civil penalties. In addition to the remedy provided in this Act or the Consumer Fraud and Deceptive Business Practices Act, the Attorney General may bring an action and the court may impose a civil penalty of up to $1,000 per violation, with an aggregate total not to exceed $25,000 for any 24-hour period, against any online dating service provider who violates any requirement of this Act.

Section 45. Internet Dating Disclosure and Safety Awareness Act Fund. There is hereby created the Internet Dating Disclosure and Safety Awareness Act Fund as a special fund in the State Treasury. All civil monetary penalties imposed as a result of any action, filed under this Act shall be deposited into the Fund. Monies in the Fund shall be allocated, subject to appropriation, to the Office of the Attorney General for enforcement of this Act.

Section 50. Exemptions.

(a) An Internet service provider does not violate this Act solely as a result of serving as an intermediary for the transmission of electronic messages between members of an online dating service provider.

(b) An Internet access service or other Internet service provider shall not be considered an online dating service provider within the meaning of this Act as to any online dating service website provided by another person or entity.

(c) An Internet service provider that has fewer than 1,000 members is exempt from the requirements of this Act.

Section 55. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.

Section 300. The State Finance Act is amended by adding Section 5.675 as follows:

(30 ILCS 105/5.675 new)

Sec. 5.675. The Internet Dating Disclosure and Safety Awareness Act Fund.

Section 500. 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 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, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, the Internet Dating Disclosure and Safety Awareness Act, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 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.)