Download Zipped Amended WordPerfect HB0165.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 19, 2004 at 4:11 PM by kholt. --> 1
6 LONG TITLE
7 General Description:
8 This bill enacts provisions within the Commerce and Trade Code related to a child
9 protection registry.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . requires the Division of Consumer Protection to establish a registry of contact
14 points for minors;
15 . prohibits a person from sending certain materials to a registered contact point; and
16 . provides criminal, administrative, and civil penalties.
17 Monies Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
21a H AMENDS:
21b 13-2-1, as last amended by Chapter 222, Laws of Utah 2002 h
23 13-39-101, Utah Code Annotated 1953
24 13-39-102, Utah Code Annotated 1953
25 13-39-201, Utah Code Annotated 1953
26 13-39-202, Utah Code Annotated 1953
27 13-39-203, Utah Code Annotated 1953
28 13-39-301, Utah Code Annotated 1953
29 13-39-302, Utah Code Annotated 1953
30 13-39-303, Utah Code Annotated 1953
31 13-39-304, Utah Code Annotated 1953
33 Be it enacted by the Legislature of the state of Utah:
33a H Section 1. Section 13-2-1 is amended to read:
33b 13-2-1. Consumer protection division established -- Functions.
33c (1) There is established within the Department of Commerce the Division of Consumer
33e (2) The division shall administer and enforce the following:
33f (a) Chapter 5, Unfair Practices Act;
33g (b) Chapter 10a, Music Licensing Practices Act;
33h (c) Chapter 11, Utah Consumer Sales Practices Act;
33i (d) Chapter 15, Business Opportunity Disclosure Act;
33j (e) Chapter 20, New Motor Vehicles Warranties Act;
33k (f) Chapter 21, Credit Services Organizations Act;
33l (g) Chapter 22, Charitable Solicitations Act;
33m (h) Chapter 23, Health Spa Services Protection Act;
33n (i) Chapter 25a, Telephone and Facsimile Solicitation Act;
33o (j) Chapter 26, Telephone Fraud Prevention Act;
33p (k) Chapter 28, Prize Notices Regulation Act;
33q (l) Chapter 30, Utah Personal Introduction Services Protection Act; [
33r (m) Chapter 34, Utah Postsecondary Proprietary School Act[
33s (n) CHAPTER 39, CHILD PROTECTION REGISTRY. h
34 Section H [
37 13-39-101. Title.
38 This chapter is known as the "Child Protection Registry."
39 Section H [
40 13-39-102. Definitions.
41 As used in this chapter:
42 (1) "Contact point" means an electronic identification to which a communication may
43 be sent, including:
44 (a) an email address;
45 (b) an instant message identity, subject to rules made by the division under Subsection
46 13-39-203 (1);
47 (c) a telephone number;
48 (d) a facsimile number; or
49 (e) an electronic address:
50 (i) similar to a contact point listed in this Subsection (1); and
51 (ii) defined as a contact point by rule made by the division under Subsection
52 13-39-203 (1).
53 (2) "Division" means the Division of Consumer Protection in the Department of
55 (3) "Registry" means the child protection registry established in Section 13-39-201 .
56 Section H [
58 13-39-201. Establishment of child protection registry.
59 (1) The division shall:
60 (a) establish and operate a child protection registry to compile and secure a list of
61 contact points the division has received pursuant to this section; or
62 (b) contract with a third party to establish and secure the registry described in
63 Subsection (1)(a).
64 (2) (a) A person may register a contact point with the division pursuant to rules
65 established by the division under Subsection 13-39-203 (1) if:
66 (i) the contact point belongs to a minor; or
67 (ii) a minor has access to the contact point.
68 (b) A school or other institution that primarily serves minors may register its domain
69 name with the division pursuant to rules made by the division under Subsection 13-39-203 (1).
70 (3) A person desiring to send a communication described in Subsection 13-39-202 (1)
71 to a contact point or domain shall:
72 (a) use a mechanism established by rule made by the division under Subsection
73 13-39-203 (2); and
74 (b) pay a fee for use of the mechanism described in Subsection (3)(a) determined by
75 the division in accordance with Section 63-38-3.2 .
76 Section 4. Section 13-39-202 is enacted to read:
77 13-39-202. Prohibition of sending certain materials to a registered contact point.
78 (1) A person may not directly or indirectly send, cause to be sent, or conspire with a
79 third party to send, a communication to a contact point or domain that has been registered for
80 more than 30 calendar days with the division under Section 13-39-201 if the communication:
81 (a) advertises a product or service that a minor is prohibited by law from purchasing; or
82 (b) contains or advertises material that is harmful to minors, as defined in Section
83 76-10-1201 .
84 (2) The consent of a minor is not a defense to a violation of this section.
85 Section 5. Section 13-39-203 is enacted to read:
86 13-39-203. Rulemaking authority.
87 In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
88 division shall make rules to establish procedures under which:
89 (1) (a) a person may register a contact point with the division under Section 13-39-201 ,
91 (i) the information necessary to register an instant message identity; and
92 (ii) for purposes of Subsection 13-39-102 (1)(e), an electronic address that is similar to
93 a contact point listed in Subsection 13-39-102 (1); and
94 (b) a school or other institution that primarily serves minors may register its domain
95 name with the division under Section 13-39-201 ; and
96 (2) the division shall:
97 (a) provide a mechanism under which a person described in Subsection 13-39-201 (3)
98 may verify compliance with the registry to remove registered contact points from the person's
99 communications; and
100 (b) establish the mechanism described in Subsection (2)(a) in a manner that protects
101 the privacy and security of a contact point registered with the division under Section
102 13-39-201 .
103 Section 6. Section 13-39-301 is enacted to read:
105 13-39-301. Criminal penalty.
106 (1) A person who violates Section 13-39-202 commits a computer crime and:
107 (a) is guilty of a class B misdemeanor for a first offense with respect to a contact point
108 registered with the division under Subsection 13-39-201 (2)(a); and
109 (b) is guilty of a class A misdemeanor:
110 (i) for each subsequent violation with respect to a contact point registered with the
111 division under Subsection 13-39-201 (2)(a); or
112 (ii) for each violation with respect to a domain name registered with the division under
113 Subsection 13-39-201 (2)(b).
114 (2) A person commits a computer crime and is guilty of a second degree felony if the
116 (a) uses information obtained from the division under this chapter to violate Section
117 13-39-202 ;
118 (b) improperly:
119 (i) obtains contact points from the registry; or
120 (ii) attempts to obtain contact points from the registry; or
121 (c) uses, or transfers to a third party to use, information from the registry to send a
123 (3) A criminal conviction or penalty under this section does not relieve a person from
124 civil liability in an action under Section 13-39-302 .
125 (4) Each communication sent in violation of Section 13-39-202 is a separate offense
126 under this section.
127 Section 7. Section 13-39-302 is enacted to read:
128 13-39-302. Civil action for violation.
129 (1) For a violation of Section 13-39-202 , an action may be brought by:
130 (a) a user of a contact point or domain name registered with the division under Section
131 13-39-201 ; or
132 (b) a legal guardian of a user described in Subsection (1)(a).
133 (2) In each action under Subsection (1):
134 (a) a person described in Subsection (1) may recover the greater of:
135 (i) actual damages; or
136 (ii) $1,000 for each communication sent in violation of Section 13-39-202 ; and
137 (b) the prevailing party shall be awarded costs and reasonable attorney fees.
138 Section 8. Section 13-39-303 is enacted to read:
139 13-39-303. Administrative enforcement.
140 (1) The division shall:
141 (a) investigate violations of this chapter; and
142 (b) assess cease and desist orders and administrative fines under this section for
143 violations of this chapter.
144 (2) A person who violates this chapter is subject to:
145 (a) a cease and desist order; and
146 (b) an administrative fine of not more than $2,500 for each separate communication
147 sent in violation of Section 13-39-202 .
148 (3) (a) A person who intentionally violates this chapter is subject to an administrative
149 fine of not more than $5,000 for each communication intentionally sent in violation of Section
150 13-39-202 .
151 (b) For purposes of this section, a person intentionally violates this chapter if the
152 violation occurs after the division, attorney general, or a district or county attorney notifies the
153 person by certified mail that the person is in violation of this chapter.
154 (4) All administrative fines collected under this section shall be deposited in the
155 Consumer Protection Education and Training Fund created in Section 13-2-8 .
156 Section 9. Section 13-39-304 is enacted to read:
157 13-39-304. Defenses.
158 It is a defense to an action brought under this chapter that a person:
159 (1) reasonably relied on the mechanism established by the division under Subsection
160 13-39-203 (2); and
161 (2) took reasonable measures to comply with this chapter.
Legislative Review Note
as of 1-29-04 3:06 PM
This bill regulates, among other things, the sending of certain commercial email messages to
addresses contained on a registry. Congress recently passed the CAN-SPAM Act of 2003 that,
with some exemptions, preempts a state from regulating commercial email. The act permits
state regulations of commercial email that:
. prohibit falsity or deception;
. are not specific to email; or
. relate to acts of fraud or computer crime.
If this bill were challenged, a court would evaluate whether this bill falls into one of those