SENATE BILL No. 286

 

 

March 3, 2005, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.

 

 

 

 

     A bill to require online dating services to conduct criminal

 

background checks or to provide certain notices; and to provide

 

remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Criminal background check" means a search of a person's

 

felony and sexual offense convictions by 1 of the following means:

 

     (i) Through any criminal history record systems available to

 

the public and maintained by each of the 50 states and the District

 

of Columbia.

 

     (ii) Through a private vendor whose database contains more than

 

170,000,000 criminal records that are otherwise available to the

 

public, has substantially national coverage, is updated at least

 


once every 90 days, and is operated and maintained in the United

 

States.

 

     (b) "Member" means an individual who is either a member or who

 

submits a profile or other information for the purpose of dating,

 

matrimonial, or social referral services to an online dating

 

service provider.

 

     (c) "Online dating service provider" or "provider" means a

 

person or organization engaged, directly or indirectly, in the

 

business of offering, promoting, or providing access to dating,

 

relationship, compatibility, matrimonial, or social referral

 

services primarily through the internet.

 

     Sec. 2. An online dating service provider that provides

 

services to residents of this state shall do 1 of the following:

 

     (a) Disclose prominently on the provider's home page, not more

 

than 3 inches from the top of the website, that the online dating

 

service provider has not conducted criminal background checks on

 

persons using its service. The disclosure shall state the

 

following:

 

     "WARNING: [NAME OF PROVIDER] HAS NOT CONDUCTED FELONY OR

 

     SEXUAL OFFENSE BACKGROUND CHECKS ON ITS MEMBERS.".

 

     (b) If the provider conducts criminal background checks as

 

described in section 1(a)(i), display prominently on the provider's

 

home page, not more than 3 inches from the top of the website, a

 

disclosure that states the following:

 

     "WARNING: BASED SOLELY ON THE NAME PROVIDED BY THE MEMBER,

 

     [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL BACKGROUND CHECK

 

     THROUGH CRIMINAL HISTORY RECORD SYSTEMS AVAILABLE TO THE

 


     PUBLIC AND MAINTAINED BY EACH OF THE 50 STATES AND THE

 

     DISTRICT OF COLUMBIA.".

 

     (c) If the provider conducts criminal background checks as

 

described in section 1(a)(ii), display prominently on the provider's

 

home page, not more than 3 inches from the top of the website, a

 

disclosure that states the following:

 

     "WARNING: BASED SOLELY ON THE NAME PROVIDED BY THE MEMBER,

 

     [NAME OF PROVIDER] HAS CONDUCTED A CRIMINAL BACKGROUND CHECK

 

     THROUGH A PRIVATE VENDOR WHOSE RECORDS MAY NOT INCLUDE ALL

 

     CONVICTIONS FROM ALL JURISDICTIONS. CONTACT [NAME OF PROVIDER]

 

     FOR INFORMATION REGARDING WHICH JURISDICTIONS ARE INCLUDED.".

 

     Sec. 3. (1) Subject to the requirements of this act, an online

 

dating service provider shall establish a policy on what actions

 

the provider will initiate as a result of information obtained

 

through a criminal background check.

 

     (2) A copy of the policy established under subsection (1)

 

shall be made available to each person that applies for membership

 

with the provider.

 

     (3) Before a person is accepted for membership with the

 

provider, the person shall be required to acknowledge that they

 

have had an opportunity to review the policy established under

 

subsection (1).

 

     (4) The provider's home page shall contain a link that will

 

allow a person to review the policy established under subsection

 

(1). An online dating service provider shall update the criminal

 

background check for each member at least once every 90 days.

 

     Sec. 4. (1) A person that violates this act is guilty of a

 


misdemeanor punishable by a fine of $250.00 for each day that the

 

person is in violation of this act. It is a separate violation

 

under this subsection for each person the provider fails to provide

 

a notice as required under this act.

 

     (2) A civil action may be brought by the attorney general or

 

by a person that suffers damages as a result of a violation of this

 

act. In an action brought under this subsection, the attorney

 

general or a person may recover actual costs, actual and reasonable

 

attorney fees, and the lesser of the following:

 

     (a) Actual damages.

 

     (b) $500,000.00.

 

     Sec. 5. A provider does not violate this act as a result of

 

being an intermediary between the sender and recipient in the

 

transmission of a message that violates this act.

 

     Enacting section 1. This act takes effect July 1, 2005.