SB-0785, As Passed Senate, December 13, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 785

     A bill to amend 2004 PA 241, entitled

"Michigan children's protection registry act,"

by amending sections 1 and 5 (MCL 752.1061 and 752.1065).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) This act shall be known and may be cited as the

"Michigan children's protection registry act".

     (2) The intent of this act is to provide safeguards to prevent

certain messages regarding tobacco, alcohol, pornography, gambling,

illegal drugs, and other illegal products from reaching the minor

children of this state.

     Sec. 5. (1)  A  Except as otherwise provided under this

section, a person shall not send, cause to be sent, or conspire

with a third party to send a message to a contact point that has

been registered for more than 30 calendar days with the department

if the primary purpose of the message is to, directly or

indirectly, advertise or otherwise link to a message that

advertises a product or service that a minor is prohibited by law

from purchasing, viewing, possessing, participating in, or

otherwise receiving.

     (2) A person desiring to send a message described in

subsection (1) shall use the mechanism created under section 3(6)

to ensure compliance with this act.

     (3) The consent of a minor or third party to receive the

message is not a defense to a violation of this section.

     (4) A person does not violate this act because the person is

an intermediary between the sender and recipient in the

transmission of an electronic message that violates this act or

unknowingly provides transmission of electronic messages over the

person's computer network or facilities that violate this act.

     (5) The sending of a message described in subsection (1) is

prohibited only if it is otherwise a crime for the minor to

purchase, view, possess, participate in, or otherwise receive the

product or service.

     (6) The sending of a message described in subsection (1) is

not prohibited if prior to sending the message the sender has

obtained from an age-verified adult an affirmative statement of

consent to receive the message at an adult designated contact

point. To comply with this subsection, the sender shall do all of

the following:

     (a) Verify that the person making the affirmative statement is

Senate Bill No. 785 (H-2) as amended November 9, 2005

of legal age by inspecting in a face-to-face transaction a valid

government-issued photo identification with proof of age.

     (b) Obtain a written record stating that the recipient has

consented to receive the type of messages described in subsection

(1). The consent form required under this subdivision shall be

signed by the recipient. The sender shall retain the consent form

required under this subdivision and make it available for

verification as may be required under subdivision (d).

     (c) All messages allowed under this subsection shall include

notice to the recipient that he or she may rescind their consent

and provide an opportunity for the recipient to opt out of

receiving any future messages.

     (d) Notify the department that the sender intends to send

messages as allowed under this subsection. The department may

implement procedures to verify that the sender is in compliance

with this subsection.

[(7) WITHIN 90 DAYS OF THE effective DATE OF the amendatory act that added this subsection, THE DEPARTMENT, OR THE VENDOR PROVIDING REGISTRY SERVICES FOR THE DEPARTMENT, SHALL CONDUCT A THIRD-PARTY AUDIT TO CERTIFY THE SECURITY OF THE REGISTRY. FOLLOW-UP THIRD-PARTY SECURITY AUDITS ON THE REGISTRY SYSTEMS SHALL BE CONDUCTED AT LEAST ANNUALLY. IF THE THIRD-PARTY SECURITY AUDIT DETERMINES THAT THE REGISTRY DOES NOT MEET OR EXcEED THE INDUSTRY STANDARD FOR HIGH SECURITY SYSTEMS THEN THE REGISTRY SHALL BE SUSPENDED UNTIL THE SECURITY SYSTEMS ARE DETERMINED TO MEET THIS STANDARD.]