Despite some well-intentioned amendments in the substitute version, HB 563 still suffers from two fatal flaws:
First, HB 563 would freeze the current state of technology and limit competition for conducting background screening that can truly protect Illinois consumers. HB 563 would lock into Illinois law a formal definition for “Sex offender registrant search”. Yet, the definition in HB 563 would have the state set a standard that is rendered entirely ineffective when a convicted sex offender registers with a name that’s different from the name under which they were previously convicted.
Second, HB 563 would foster a false sense of security in the minds of Illinois consumers, by allowing disclaimers to be disconnected from safety claims. As noted above, HB 563 recognizes the need for disclaimers to avoid creating a false sense of security for Illinois singles. Yet, the legislation allows companies that use name searches to “bury” the disclaimer on an internal page—while allowing them to proclaim anywhere on their website that they have met Illinois’ standard for a ”Sex offender registrant search”.
See NetChoice letter of opposition