SB-0708, As Passed Senate, October 11, 2005
August 31, 2005, Introduced by Senator BISHOP and referred to the Committee on Technology and Energy.
A bill to amend 2004 PA 241, entitled
"Michigan children's protection registry act,"
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 .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.