Act No. 206
Public Acts of 2005
Approved by the Governor
November 11, 2005
Filed with the Secretary of State
November 14, 2005
EFFECTIVE DATE: November 14, 2005
STATE OF MICHIGAN
REGULAR SESSION OF 2005
Introduced by Senator Bishop
ENROLLED SENATE BILL No. 708
AN ACT to amend 2004 PA 241, entitled "An act to establish the computer crime of sending certain electronic messages to minors; to create a child protection registry; to provide notice of contact points to which a minor has access; to prescribe the powers and duties of certain state agencies and officials; to create a fund and provide for fees; and to provide for penalties and remedies," by amending section 3 (MCL 752.1063).
The People of the State of Michigan enact:
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 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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives