AN ACT ESTABLISHING AN ELECTRONIC MESSAGE CHILDREN'S PROTECTION REGISTRY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2006) As used in sections 2 to 4, inclusive, of this act:

(1) "Contact point" means any electronic mail address, Internet messaging address, facsimile number, wireless telephone number or electronic pager number; and

(2) "Minor" means any individual who has not attained the age of eighteen years.

Sec. 2. (NEW) (Effective July 1, 2006) (a) Not later than July 1, 2007, the Department of Consumer Protection shall establish a children's protection registry that enables a parent or guardian of a minor to register any contact point held by such parent or guardian, for use by such minor, with the department for the purpose of preventing the receipt of any electronic message at such contact point that contains information relating to goods or services that such minor is prohibited from viewing, purchasing, possessing or utilizing under any state or federal criminal law. Such registry shall also enable any school or school district in the state to register any contact point that such school or district holds for the use of minors.

(b) Any parent, guardian, school or school district that registers a contact point with the department, pursuant to subsection (a) of this section, shall register, cancel or renew such registration in accordance with registration procedures adopted by the Commissioner of Consumer Protection. Such registration or renewal shall be valid for the lesser of three years or until such minor attains the age of eighteen years. The department shall not collect any fee for the registration of a contact point or the renewal or cancellation of such registration.

(c) Any person wishing to send an electronic message described in subsection (a) of this section to a contact point shall first verify with the department that such contact point is not registered with the department pursuant to subsection (a) of this section. The department shall establish a verification system that enables any person wishing to send an electronic message described in subsection (a) of this section to a contact point to verify whether such contact point is registered under the provisions of this section. The department shall collect a reasonable fee from any person that utilizes such verification system.

(d) The commissioner may enter into a contract with a third party for the development, administration and maintenance of the registry or verification system described in subsection (a) or (c) of this section, respectively.

(e) Any information contained in the registry created pursuant to subsection (a) of this section shall not be subject to disclosure under the provisions of chapter 14 of the general statutes.

(f) On or before January 1, 2007, the commissioner shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section. Such regulations shall include, but are not limited to, procedures for the registration of a contact point, procedures for the cancellation or renewal of a registration, rules relating to the use of the verification system established by the department and a fee schedule for use of such verification system.

Sec. 3. (NEW) (Effective July 1, 2006) (a) No person shall send or conspire to send to a contact point that has been registered for more than thirty days, in accordance with section 2 of this act, any electronic message that contains information relating to goods or services that a minor is prohibited from viewing, purchasing, possessing or utilizing under any state or federal criminal law.

(b) A person shall not be deemed to have violated the provisions of subsection (a) of this section if such person unknowingly provides the computer network, Internet service, wireless telephone service or other facility for transmission that is utilized by any other person to send an electronic message in violation of subsection (a) of this section.

(c) Any person who violates the provisions of subsection (a) of this section shall: (1) For any such first violation, be imprisoned for a period not to exceed one year or fined not more that ten thousand dollars, or both, (2) for any second violation, be imprisoned for a period not to exceed two years or fined not more than twenty thousand dollars, or both, and (3) for any third violation or subsequent violation thereafter, be imprisoned for a period not to exceed three years or fined not more than thirty thousand dollars, or both.

(d) In any prosecution for a violation of subsection (a) of this section, it shall be an affirmative defense that the defendant accidentally transmitted such electronic message.

(e) In any prosecution for a violation of subsection (a) of this section, it shall not be an affirmative defense that the recipient of such electronic message consented to the receipt of such message.

Sec. 4. (NEW) (Effective July 1, 2006) (a) Any parent, guardian, school or school district that registers a contact point in accordance with the provisions of section 2 of this act shall have a cause of action against any person who sends an electronic message to such contact point in violation of the provisions of subsection (a) of section 3 of this act.

(b) Any person described in subsection (b) of section 3 of this act shall have a cause of action against any person who sends an electronic message to such contact point in violation of the provisions of subsection (b) of section 3 of this act.

(c) The Attorney General may bring a cause of action against any person who violates the provisions of subsection (a) of section 3 of this act and may conduct an investigation of the business practices of any such person. The Attorney General shall have power to summon witnesses, require the production of any necessary books, papers or other documents and administer oaths to witnesses, where necessary, for the purpose of such investigation.

(d) In any prosecution of a claim brought pursuant to subsection (a), (b) or (c) of this section, it shall be an affirmative defense that such defendant accidentally transmitted such electronic message.

(e) In any action brought pursuant to the provisions of subsection (a), (b) or (c) of this section, such parent, guardian, school, school district or the Attorney General, when the prevailing party, shall be entitled to: (1) Actual damages, including reasonable attorney's fees, or (2) the lesser of five thousand dollars for each such violating message received or two hundred fifty thousand dollars for each day such violation exists, if such prevailing party does not sustain any actual damages.

(f) In any action brought pursuant to subsection (a) or (b) of this section, the defendant, when the prevailing party, shall be entitled to reasonable attorney's fees if the court determines that such action is frivolous.

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]