Full Text of HB4350 93rd General Assembly
HB4350eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning business transactions.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Child | 5 |
| Protection Registry Act. | 6 |
| Section 5. Child Protection Registry. | 7 |
| (a) The Office of the Illinois Attorney General shall | 8 |
| establish a Child Protection Registry in which parents may | 9 |
| register their children's Contact Points as off limits from | 10 |
| certain categories of commercial messages as set forth in this | 11 |
| Act.
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| (b) Registration by parent. The Attorney General shall | 13 |
| permit a parent, legal guardian, or other person with control | 14 |
| or authority over Contact Points to which minor children have | 15 |
| access to register those Contact Points with the Registry. | 16 |
| (c) Contact points subject to registration. The Registry | 17 |
| may contain entries for the following kinds of Contact Points: | 18 |
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(1) electronic mail addresses; | 19 |
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(2) instant message identities; | 20 |
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(3) postal addresses; and | 21 |
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(4) telephone numbers. | 22 |
| (d) Addition of new types of Contact Points. The Office of | 23 |
| the Illinois Attorney General shall, from time to time and as | 24 |
| messaging technology develops, designate additional kinds of | 25 |
| Contact Points subject to registration on the Registry. | 26 |
| (e) Prohibition on initiating inappropriate commercial | 27 |
| messages to registered Contact Points. Except as otherwise | 28 |
| authorized by the Attorney General in rules prescribed under | 29 |
| this Act, it is unlawful for a person to initiate any | 30 |
| commercial message or other communication to any registered | 31 |
| Contact Point if the message or communication: | 32 |
| (1) advertises products or services that a minor child |
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| is prohibited by law from purchasing; or
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| (2) contains or advertises adult content or links to | 3 |
| adult content.
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| (f) Third party liability. It is unlawful for a person to | 5 |
| promote, or allow the promotion of, that person's trade or | 6 |
| business, or goods, products, property, or services sold, | 7 |
| offered for sale, leased or offered for lease, or otherwise | 8 |
| made available through that trade or business in violation of | 9 |
| subsection (e) if that person: | 10 |
| (1) knows or should have known in the ordinary course | 11 |
| of the person's trade or business that the goods, products, | 12 |
| property, or services sold, offered for sale, leased, or | 13 |
| offered for lease or otherwise made available through that | 14 |
| trade or business were being promoted in such a message;
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| (2) received or expected to receive an economic benefit | 16 |
| from such promotion; and | 17 |
| (3) took no reasonable action to prevent the | 18 |
| transmission or to detect the transmission and report it to | 19 |
| the Attorney General. | 20 |
| (g) Compliance. The actual or implied consent given by the | 21 |
| minor does not create a defense to liability under subsection | 22 |
| (e) or (f). | 23 |
| (h) Fees. The Office of the Illinois Attorney General shall | 24 |
| include in its rules a method for assessing fees on marketers | 25 |
| for use of the Registry that is sufficient to establish, | 26 |
| administer, and maintain the Registry. | 27 |
| Section 10. Exceptions. A person is not in violation of | 28 |
| this Act if: (1) the Contact Point has been on the Registry for | 29 |
| less than 30 days; or (2) the person reasonably relies on the | 30 |
| Registry provided by the Attorney General and takes reasonable | 31 |
| measures to comply with this Act. | 32 |
| Section 15. Enforcement. | 33 |
| (a) Reporting of violation. For purposes of enforcing | 34 |
| subsections (e) and (f) of Section 5, the Office of the |
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| Illinois Attorney General shall establish procedures to permit | 2 |
| the reporting of violations of subsections (e) and (f) of | 3 |
| Section 5, including appropriate links on the Internet web site | 4 |
| of the Office of the Illinois Attorney General and the use of a | 5 |
| toll-free telephone number for such purposes. | 6 |
| (b) Criminal penalty. A violation of subsection (e) or (f) | 7 |
| of Section 5 of this Act is a Class B misdemeanor. For purposes | 8 |
| of this subsection (b), each message in violation of subsection | 9 |
| (e) or (f) of Section 5 constitutes a separate violation. Each | 10 |
| unauthorized use of the Registry is a Class A misdemeanor for | 11 |
| which a fine not to exceed $500,000 may be imposed.
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| (c) Civil penalty. Parents may recover actual damages, on | 13 |
| behalf of their children, for messages sent to a registered | 14 |
| Contact Point in violation of subsection (e) or (f) of Section | 15 |
| 5. In lieu of actual damages, a parent may recover $1,000 per | 16 |
| violation. For purposes of this subsection (c), each message in | 17 |
| violation of subsection (e) or (f) of Section 5 constitutes a | 18 |
| separate violation.
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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