HOUSE BILL NO. 5294

A bill to amend 1976 PA 331, entitled

"Michigan consumer protection act,"

by amending section 3m (MCL 445.903m), as added by 2021 PA 46.

the people of the state of michigan enact:

Sec. 3m. (1) If a third party offers charges customers a fee or requires customers to disclose personal information for online services that are performed by an agency, department, or division of this state similar to online services performed by a governmental agency in this state and the third party is not affiliated with that governmental agency or under contract with that governmental agency to perform the provide those online services, for an agency, department, or division of this state, the third party must shall do all of the following:

(a) Have a conspicuous notification on its the website offering those online services stating that it the third party is not an agency, department, or division a governmental agency of this state.

(b) Have a conspicuous notification on its the website offering those online services stating that its the third party's services are not endorsed or approved by an agency, department, or division a governmental agency of this state.

(c) Have a conspicuous notification on its the website offering those online services stating that it the third party is not affiliated with a governmental agency of this state or under contract with a governmental agency of this state to perform provide those online services. for an agency, department, or division of this state.

(d) Provide a link on its the website offering those online services to the website of the agency, department, or division governmental agency of this state on which a person may utilize the governmental agency's online service.

(e) Before a transaction for an online service is completed, ensure that a conspicuous notification of any fee it will charge for the online service occurs.

(2) Failure to comply with the requirements in subsection (1) is a violation of this section.A person that is not part of or associated with a governmental entity shall not do any of the following:

(a) Simulate a summons, complaint, jury notice, or other court, judicial, or administrative process of any kind.

(b) Represent, imply, or otherwise engage in an action that may reasonably cause confusion that the person using or employing the action is a part of or associated with a governmental entity.

(c) Represent, imply, or otherwise reasonably cause confusion that goods, services, an advertisement, or an offer was disseminated by or has been approved, authorized, or endorsed, in whole or in part, by a governmental entity, when such is not true.

(d) Use or employ language, symbols, logos, representations, statements, titles, names, seals, emblems, insignia, trade or brand names, business or control tracking numbers, website or email addresses, or any other term, symbol, or other content that represents or implies or otherwise reasonably causes confusion that goods, services, an advertisement, or an offer is from a governmental entity, when such is not true.

(3) As used in this section:

(a) "Conspicuous notification" means, at a minimum, for a notification that is on a website, a notification that is on the opening page of that website, is in a type size that is the same or larger than the largest type size on that website, and is in boldface, capital letters.

(b) "Online services" does not include the sharing of public information that is otherwise accessible and does not require consumers to provide payment or personal information to access it.

(b) "Governmental agency" means this state or a political subdivision of this state.

(c) "Online services performed by a governmental agency in this state" means any service that a governmental agency in this state offers to members of the public on a website, including processes for booking appointments, completing or filing forms, downloading documents, and making payments.

(d) (c) "Third party" means a person that is not an agency, department, or division of this state.

Enacting section 1. This amendatory act takes effect 91 days after adjournment of the legislature's 2021 regular session sine die.