Public Act 098-0458
 
HB2934 EnrolledLRB098 04295 JLS 34322 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Consumer Fraud and Deceptive Business 
Practices Act is amended by renumbering and changing Section 
2MMM as added by Public Act 97-1056 as follows:
 
    (815 ILCS 505/2PPP)
    Sec. 2PPP 2MMM. Internet dating, child care, senior care, 
and home care safety. It is an unlawful practice under this Act 
for an Internet dating service, Internet child care
service, 
Internet senior care service, or Internet home care service to 
fail to provide notice or falsely indicate that it has 
performed criminal background screenings in accordance with 
the Internet Dating, Internet Child Care,
Internet Senior Care, 
and Internet Home Care Safety Act.
(Source: P.A. 97-1056, eff. 8-24-12; revised 1-24-13.)
 
    Section 10. The Internet Dating Safety Act is amended  by 
changing Sections 1, 2, 5, 10, 15, and 20 and  by adding Section 
7 as follows:
 
    (815 ILCS 518/1)

    Sec. 1. Short title. This Act may be cited as the Internet 
Dating, Internet Child Care, Internet Senior Care, and Internet 
Home Care Safety Act.

(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/2)

    Sec. 2. Findings, declarations. The Legislature finds and 
declares that residents of this State need to be informed of 
the potential risks of participating in Internet dating 
services, Internet child care
services, Internet senior care  
services, and Internet home care services. There is a public 
safety need to disclose whether criminal history background 
screenings have been performed and to increase public awareness 
of the possible risks associated with Internet dating, Internet 
child care, Internet senior care, and Internet home care 
activities.   The primary purpose of this Act is to enhance the 
safety of individuals who use an Internet service to facilitate 
dating, child care, senior care, or home care.
    The offer of Internet dating services, child care services, 
senior care services, and home care services to residents of 
this State, and the acceptance of membership fees from 
residents of this State means that an Internet dating service, 
Internet child care
service, Internet senior care service, or 
Internet home care service is conducting business in this State 
and is subject to regulation by this State and the jurisdiction 
of the State's courts.

(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/5)

    Sec. 5. Definitions. As used in this Act:
    "Criminal background screening" means a name search for a 
person's criminal convictions initiated by an Internet on-line 
dating service provider, an Internet child care service 
provider, an Internet senior care service provider, or an 
Internet home care provider and conducted by:


        (1) searching available and regularly updated 
    government public record databases for criminal 
    convictions so long as such databases, in the aggregate, 
    provide substantial national coverage; or


        (2) searching a database maintained by a private vendor 
    that is regularly updated and is maintained in the United 
    States with substantial national coverage of criminal 
    history records and sexual offender registries.


     "Internet dating service" means a person or entity in the 
business, for a fee, of providing dating, romantic 
relationship, or matrimonial services principally on or 
through the Internet.


    "Internet child care service" means a person or entity, in 
the business, for a fee, of providing access to a database, 
principally on or through the Internet, of seekers and 
providers of child care services. 
    "Internet senior care service" means a person or entity in 
the business, for a fee, of providing access to a database, 
principally on or through the Internet, of seekers and 
providers of senior care services. 
    "Internet home care service" means a person or entity in 
the business, for a fee, of providing access to a database, 
principally on or through the Internet, of seekers and 
providers of domestic home care services including, dog 
walkers, pet sitters, housekeepers, house cleaners, house 
sitters, and tutors. 
    "Member" means a customer, client, or participant who 
submits to an Internet dating service, Internet child care

service, Internet senior care service, or Internet home care 
service information required to access the service for the 
purpose of engaging in dating, relationship, compatibility, 
matrimonial, or social, child care, senior care, or home care 
referral.


    "Illinois member" means a member who provides an Illinois 
billing address or zip code when registering with the service.


    "Criminal conviction" means a conviction for any crime 
including but not limited to any sex offense that would qualify 
the offender for registration pursuant to the Sex Offender 
Registration Act or under another jurisdiction's equivalent 
statute.


(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/7 new)
    Sec. 7. Exceptions. This Act does not apply to:
        (1) an individual who is considered an "employee" as 
    defined in the Health Care Worker Background Check Act; or 
        (2) an individual or service provider who is considered 
    a "health care employer" as defined in the Health Care 
    Worker Background Check Act. 
 
    (815 ILCS 518/10)

    Sec. 10. Requirements for Internet dating services, 
Internet child care
services, Internet senior care services, 
and Internet home care services.
    (a) An Internet dating service, Internet child care

service, Internet senior care service, or Internet home care 
service offering services to Illinois members shall provide a 
safety awareness notification to all Illinois members that 
includes, at a minimum, a list and description of safety 
measures reasonably designed to increase awareness of safer 
dating, child care, senior care, and home care practices as 
determined by the service.
    Examples of such notifications include, but are not limited 
to:
        (1) "Anyone who is able to commit identity theft can 
    also falsify a dating profile, a child care profile, a 
    senior care profile, or a home care profile."


        (2) "There is no substitute for acting with caution 
    when communicating with any stranger who wants to meet 
    you."


        (3) "Never include your last name, e-mail address,  home 
    address, phone number, place of work, or any other 
    identifying information in your Internet profile or 
    initial  e-mail messages. Stop communicating with anyone 
    who pressures you for personal or financial information or 
    attempts in any way to trick you into revealing it."


        (4) "If you choose to have a face-to-face meeting with 
    another member, always tell someone in your family or a 
    friend where you are going and when you will return. Never 
    agree to be picked up at your home. Always provide your own 
    transportation to and from your date and meet in a public 
    place with many people around."

    (b) If an Internet dating service, Internet child care

service, Internet senior care service, or Internet home care 
service does not conduct criminal background screenings on its 
members, the service shall disclose, clearly and 
conspicuously, to all Illinois members that the Internet dating 
service does not conduct criminal background screenings. The 
disclosure shall be provided in two or more of the following 
forms: when an electronic mail message is sent or received by 
an Illinois member, in a "click-through" or other similar 
presentation requiring a member from this State to acknowledge 
that they have received the information required by this Act, 
on the profile describing a member to an Illinois member, and 
on the website pages or homepage of the Internet dating 
service, Internet child care
service, Internet senior care 
service, or Internet home care service used when an Illinois 
member signs up. A disclosure under this subsection shall be in 
bold, capital letters in at least 12-point type.


    (c) If an Internet dating service, Internet child care

service, Internet senior care service, or Internet home care 
service conducts criminal background screenings on all of its 
communicating members, then the service shall disclose, 
clearly and conspicuously, to all Illinois members that the 
Internet dating service, Internet child care
service, Internet 
senior care service, or Internet home care service conducts a 
criminal background screening on each member prior to 
permitting an Illinois member to communicate with another 
member. The disclosure shall be provided on the website pages 
used when an Illinois member signs up. A disclosure under this 
subsection shall be in bold, capital letters in at least 
12-point type.


    (d) If an Internet dating service, Internet child care

service, Internet senior care service, or Internet home care 
service conducts criminal background screenings, then the 
service shall disclose whether it has a policy allowing a 
member who has been identified as having a criminal conviction 
to have access to its service to communicate with any Illinois 
member; shall state that criminal background screenings are not 
foolproof; that they may give members a false sense of 
security; that they are not a perfect safety solution; that 
criminals may circumvent even the most sophisticated search 
technology; that not all criminal records are public in all 
states and not all databases are up to date; that only publicly 
available convictions are included in the screening; and that 
screenings do not cover other types of convictions or arrests 
or any convictions from foreign countries.


(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/15)

    Sec. 15. Unlawful practices for Internet dating services, 
Internet child care
services, Internet senior care services, 
and Internet home care services. It is an unlawful practice 
under the Consumer Fraud and Deceptive Business Practices Act 
for an Internet dating service, Internet child care
service, 
Internet senior care service, or Internet home care service to 
fail to provide notice or falsely indicate that it has 
performed criminal background screenings in accordance with 
this Act.

(Source: P.A. 97-1056, eff. 8-24-12.)
 
    (815 ILCS 518/20)

    Sec. 20. No violation to serve as intermediary.  An 
Internet service provider or website hosting service does not 
violate this Act as a result of serving as an intermediary for 
the transmission of electronic messages between members of an 
Internet dating service, Internet child care
service, Internet 
senior care service, or Internet home care service.

(Source: P.A. 97-1056, eff. 8-24-12.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.