Download Zipped Amended WordPerfect HB0165S01.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute H.B. 165
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Wed, Mar 3, 2004 at 2:00 PM by rday. -->
Senator John L. Valentine proposes the following substitute bill:
1
CHILD PROTECTION REGISTRY
2
2004 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Michael R. Styler
5
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:
18
None
19
Other Special Clauses:
20
This bill takes effect on July 1, 2005.
21
Utah Code Sections Affected:
22
ENACTS:
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
32
33
Be it enacted by the Legislature of the state of Utah:
34
Section 1.
Section
13-39-101
is enacted to read:
35
CHAPTER 39. CHILD PROTECTION REGISTRY
36
Part 1. General Provisions
37
13-39-101. Title.
38
This chapter is known as the "Child Protection Registry."
39
Section 2.
Section
13-39-102
is enacted to read:
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; or
45
(b) subject to Subsection
13-39-201
(2):
46
(i) an instant message identity, subject to rules made by the division under Subsection
47
13-39-203
(1);
48
(ii) a telephone number;
49
(iii) a facsimile number; or
50
(iv) an electronic address:
51
(A) similar to a contact point listed in this Subsection (1); and
52
(B) defined as a contact point by rule made by the division under Subsection
53
13-39-203
(1).
54
(2) "Division" means the Division of Consumer Protection in the Department of
55
Commerce.
56
(3) "Registry" means the child protection registry established in Section
13-39-201
.
57
Section 3.
Section
13-39-201
is enacted to read:
58
Part 2. Operation of the Child Protection Registry
59
13-39-201. Establishment of child protection registry.
60
(1) The division shall:
61
(a) establish and operate a child protection registry to compile and secure a list of
62
contact points the division has received pursuant to this section; or
63
(b) contract with a third party to establish and secure the registry described in
64
Subsection (1)(a).
65
(2) (a) The division shall implement the registry described in this section with respect
66
to email addresses beginning on July 1, 2005.
67
(b) The division shall implement the registry described in this section with respect to
68
instant message identities after:
69
(i) the division has determined to the satisfaction of the division the security of the
70
registry described in this section with respect to email addresses; and
71
(ii) the division has reported to the Public Utilities and Technology Interim Committee
72
the intention of the division to implement the registry described in this section with respect to
73
instant message identities.
74
(c) The division shall implement the registry described in this section with respect to
75
telephone numbers, facsimile numbers, and electronic addresses described in Subsection
76
13-39-102
(1)(b)(iv) after:
77
(i) the division has determined to the satisfaction of the division the security of the
78
registry described in this section with respect to instant message identities; and
79
(ii) the division has reported to the Public Utilities and Technology Interim Committee
80
the intention of the division to implement the registry described in this section with respect to
81
telephone numbers, facsimile numbers, and electronic addresses described in Subsection
82
13-39-102
(1)(b)(iv).
83
(3) (a) A person may register a contact point with the division pursuant to rules
84
established by the division under Subsection
13-39-203
(1) if:
85
(i) the contact point belongs to a minor; or
86
(ii) a minor has access to the contact point.
87
(b) A school or other institution that primarily serves minors may register its domain
88
name with the division pursuant to rules made by the division under Subsection
13-39-203
(1).
89
(c) The division shall provide a disclosure to a person who registers a contact point
90
under this section that reads: " S
NO SOLUTION IS COMPLETELY SECURE. THE MOST EFFECTIVE
90a
WAY TO PROTECT CHILDREN ON THE INTERNET IS TO SUPERVISE USE AND REVIEW ALL EMAIL
90b
MESSAGES AND OTHER CORRESPONDENCE.
s Under law, theft of a contact point from the Child
90c
Protection
91
Registry is a Class B Felony. While every attempt will be made to secure the Child Protection
92
Registry, registrants and their guardians should be aware that their contact points may S
BE AT A
92a
GREATER
s risk S
OF
s
93
being misappropriated by marketers who choose to disobey the law."
94
(4) A person desiring to send a communication described in Subsection
13-39-202
(1)
95
to a contact point or domain shall:
96
(a) use a mechanism established by rule made by the division under Subsection
97
13-39-203
(2); and
98
(b) pay a fee for use of the mechanism described in Subsection (4)(a) determined by
99
the division in accordance with Section
63-38-3.2
.
100
Section 4.
Section
13-39-202
is enacted to read:
101
13-39-202. Prohibition of sending certain materials to a registered contact point.
102
(1) A person may not send, cause to be sent, or conspire with a third party to send a
103
communication to a contact point or domain that has been registered for more than 30 calendar
104
days with the division under Section
13-39-201
if the communication:
105
(a) advertises a product or service that a minor is prohibited by law from purchasing; or
106
(b) contains or advertises material that is harmful to minors, as defined in Section
107
76-10-1201
.
108
(2) The consent of a minor is not a defense to a violation of this section.
109
(3) An Internet service provider does not violate this section for solely transmitting a
110
message across the network of the Internet service provider.
111
Section 5.
Section
13-39-203
is enacted to read:
112
13-39-203. Rulemaking authority.
113
In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
114
division shall make rules to establish procedures under which:
115
(1) (a) a person may register a contact point with the division under Section
13-39-201
,
116
including:
117
(i) the information necessary to register an instant message identity; and
118
(ii) for purposes of Subsection
13-39-102
(1)(b)(iv), an electronic address that is similar
119
to a contact point listed in Subsection
13-39-102
(1); and
120
(b) a school or other institution that primarily serves minors may register its domain
121
name with the division under Section
13-39-201
; and
122
(2) the division shall:
123
(a) provide a mechanism under which a person described in Subsection
13-39-201
(4)
124
may verify compliance with the registry to remove registered contact points from the person's
125
communications; and
126
(b) establish the mechanism described in Subsection (2)(a) in a manner that protects
127
the privacy and security of a contact point registered with the division under Section
128
13-39-201
.
129
Section 6.
Section
13-39-301
is enacted to read:
130
Part 3. Enforcement
131
13-39-301. Criminal penalty.
132
(1) A person who violates Section
13-39-202
commits a computer crime and:
133
(a) is guilty of a class B misdemeanor for a first offense with respect to a contact point
134
registered with the division under Subsection
13-39-201
(3)(a); and
135
(b) is guilty of a class A misdemeanor:
136
(i) for each subsequent violation with respect to a contact point registered with the
137
division under Subsection
13-39-201
(3)(a); or
138
(ii) for each violation with respect to a domain name registered with the division under
139
Subsection
13-39-201
(3)(b).
140
(2) A person commits a computer crime and is guilty of a second degree felony if the
141
person:
142
(a) uses information obtained from the division under this chapter to violate Section
143
13-39-202
;
144
(b) improperly:
145
(i) obtains contact points from the registry; or
146
(ii) attempts to obtain contact points from the registry; or
147
(c) uses, or transfers to a third party to use, information from the registry to send a
148
solicitation.
149
(3) A criminal conviction or penalty under this section does not relieve a person from
150
civil liability in an action under Section
13-39-302
.
151
(4) Each communication sent in violation of Section
13-39-202
is a separate offense
152
under this section.
153
Section 7.
Section
13-39-302
is enacted to read:
154
13-39-302. Civil action for violation.
155
(1) For a violation of Section
13-39-202
, an action may be brought by:
156
(a) a user of a contact point or domain name registered with the division under Section
157
13-39-201
; or
158
(b) a legal guardian of a user described in Subsection (1)(a).
159
(2) In each action under Subsection (1):
160
(a) a person described in Subsection (1) may recover the greater of:
161
(i) actual damages; or
162
(ii) $1,000 for each communication sent in violation of Section
13-39-202
; and
163
(b) the prevailing party shall be awarded costs and reasonable attorney fees.
164
Section 8.
Section
13-39-303
is enacted to read:
165
13-39-303. Administrative enforcement.
166
(1) The division shall:
167
(a) investigate violations of this chapter; and
168
(b) assess cease and desist orders and administrative fines under this section for
169
violations of this chapter.
170
(2) A person who violates this chapter is subject to:
171
(a) a cease and desist order; and
172
(b) an administrative fine of not more than $2,500 for each separate communication
173
sent in violation of Section
13-39-202
.
174
(3) (a) A person who intentionally violates this chapter is subject to an administrative
175
fine of not more than $5,000 for each communication intentionally sent in violation of Section
176
13-39-202
.
177
(b) For purposes of this section, a person intentionally violates this chapter if the
178
violation occurs after the division, attorney general, or a district or county attorney notifies the
179
person by certified mail that the person is in violation of this chapter.
180
(4) All administrative fines collected under this section shall be deposited in the
181
Consumer Protection Education and Training Fund created in Section
13-2-8
.
182
Section 9.
Section
13-39-304
is enacted to read:
183
13-39-304. Defenses.
184
It is a defense to an action brought under this chapter that a person:
185
(1) reasonably relied on the mechanism established by the division under Subsection
186
13-39-203
(2); and
187
(2) took reasonable measures to comply with this chapter.
188
Section 10. Effective date.
189
This bill takes effect on July 1, 2005.
Legislative Review Note
as of 3-2-04 10:35 AM
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
exemptions.