Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
SB337 by Carona (Relating to criminal background checks on users of online dating services; providing a civil penalty.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The committee substitute provides disclosures for consumers regarding online dating services and requires an online dating service to disclose whether or not criminal background checks are performed on its members. The committee substitute changes the criminal penalty to a civil penalty and removes the provision for a private cause of action. It requires the Attorney General to send written notice to an online dating service provider informing them of the violation. It also gives the Attorney General authority to seek an injunction or bring suit to recover a civil penalty of not more than $50,000 for each day a violation continues after the 30th day after the date the provider receives notice of the violation. The committee substitute also provides for a tie-in to the Deceptive Trade Practice statute. This Act would take effect on September 1, 2005.
The proposed legislation may result in new complaints, investigations or cases by the Office of the Attorney General, however, it is projected that this increase can be absorbed by current resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.