SB-0708, As Passed Senate, October 11, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 708

 

 

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.