SB-1119, As Passed Senate, May 30, 2006
March 2, 2006, Introduced by Senators VAN WOERKOM and CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2975.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2975. (1) The attorney general may commence an action
against a person who develops or maintains a website or page on a
website for the purpose of publishing instructions for the
manufacture or creation of methamphetamine or information on how to
obtain substances that may be used in the manufacture or creation
of methamphetamine.
(2) The court in an action brought under subsection (1) may
order 1 or more of the following forms of relief:
House Bill No. 1119 as amended May 23, 2006
(a) Injunctive or other equitable relief, as appropriate.
(b) Actual damages sustained by this state or the residents of
this state that are caused by the publication.
(c) Punitive damages that the court determines are just and
equitable.
(d) Actual attorney fees and costs.
(3) This section does not apply if the published information
is only on how to obtain substances that may be lawfully possessed
in this state and the purpose of the website is to provide
information on obtaining the substances only for lawful purposes
and in a lawful manner.
(4) As used in this section:
(a) "Internet" means that term as defined in 47 USC 230.
(b) "Methamphetamine" means the substance described in section
7214(c)(ii) of the public health code, 1978 PA 368, MCL 333.7214.
(c) "Website" means a collection of pages of the world wide
web or internet, usually in HTML format.
[Enacting section 1. This amendatory act takes effect October 1, 2006.]