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SB-0785, As Passed Senate, October 12, 2005

SUBSTITUTE FOR

SENATE BILL NO. 785

A bill to amend 2004 PA 241, entitled

"Michigan children's protection registry act,"

by amending sections 1, 3, and 5 (MCL 752.1061, 752.1063, 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,

and other illegal products from reaching the minor children of this

state.

Sec. 3. (1) The department shall establish and operate, or

contract with a qualified third party to establish and operate, the

child protection registry. The department or a third party

administrator shall establish procedures, to the extent possible,

to prevent the use or disclosure of protected contact points as

required under section 6. If the department elects to contract with

a third party, the department shall give due consideration to any

person located in this state.

(2) A parent, guardian, individual, or an entity under

subsection (4) who is responsible for a contact point to which a

minor may have access may register that contact point with the

department under rules promulgated by the department under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. The department shall establish procedures to ensure that a

registrant meets the requirements of this subsection.

(3) A registration under this section shall be for not more

than 3 years. If the contact point is established for a specific

minor, the registration expires the year the minor turns 18 years

of age. A registration can be revoked or renewed by the registrant

upon notification to the department.

(4) Schools and other institutions or entities primarily

serving minor children may register 1 or more contact points with

the department. An entity under this subsection may make 1

registration for all contact points of the entity, and the

registration may include the entity's internet domain name under

rules promulgated by the department under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(5) No fee or charge shall be assessed or incurred by a person

registering a contact point under this act.

(6) The department shall establish a mechanism for senders to

verify compliance with the registry.

(7) A person desiring to send a message described in section 5

shall pay the department a fee for access to the mechanism required

under subsection (6). The fee required under this subsection shall

be set by the department. The fee shall not exceed ~~.03~~ 3 cents

and shall be based on the number of contact points checked against

the registry for each time a contact point is checked. The

mechanism to verify compliance under subsection (6) and the fee

required under this subsection shall be established under rules

promulgated by the department under the administrative procedures

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(8) The fees collected under this act shall be credited to the

following:

(a) Eighty-five percent of the fees to the fund created under

section 4.

(b) Not less than 15% of the fees to the attorney general to

cover the costs of investigating, enforcing, and defending this act

and section 5a of 1979 PA 53, MCL 752.795a. The department may

reimburse the attorney general from the fund created under section

4 for any costs incurred under this subdivision that exceed the

fees credited under this subdivision.

(9) The registry shall be fully operational not later than

July 1, 2005.

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 electronic

mail address. To comply with this subsection, the sender shall do

all of the following:

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

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).

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.