Pennsylvania 2023-2024 Regular Session Status: Passed House 19 D cosponsors

HB 2017 — An Act amending Title 50 (Mental Health) of the Pennsylvania Consolidated Statutes, providing for protection of minors on social media; and imposing penalties.

Last action — Referred to Communications & Technology

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1064 added · 684 removed

Plain-language change summary

The latest version of HB 2017 introduces several new sponsors to the bill, indicating broader legislative support for the measure. Most importantly, it maintains its focus on amending Pennsylvania's mental health statutes to enhance protections for minors using social media and outline penalties for violations. These changes matter because they aim to create a safer online environment for young users, addressing growing concerns about mental health impacts linked to social media use.

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PRIOR PRINTER'S NO.
PRIOR PRINTER'S NOS.
2597 PRINTER'S NO.
2597, 2746 PRINTER'S NO.
2746 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
3072 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
2017 2024 INTRODUCED BY MUNROE, DONAHUE, BOROWSKI, PROBST, M.
2017 2024 INTRODUCED BY MUNROE, DONAHUE, BOROWSKI, PROBST, DELLOSO, WAXMAN, HOHENSTEIN, O'MARA, GALLAGHER, PARKER, KENYATTA,Y, HILL-EVANS, KIM AND KAZEEM, FEBRUARY 20, 2024 AS MAY 7, 2024SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, AN ACT Amending Title 50 (Mental Health) of the Pennsylvania <-- Consolidated Statutes, providing for protection of minors on social media;
JONES, DELLOSO, SHUSTERMAN, CEPEDA-FREYTIZ, GERGELY, FRIEL, MADDEN, DALEY, WAXMAN, HOHENSTEIN, O'MARA, GALLAGHER, PARKER, KENYATTA, HILL-EVANS, KIM AND KAZEEM, FEBRUARY 20, 2024 AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 19, 2024 AN ACT Amending Title 50 (Mental Health) of the Pennsylvania Consolidated Statutes, providing for protection of minors on social media;
AMENDING TITLE 50 (MENTAL HEALTH) OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES, PROVIDING FOR PROTECTION OF MINORS ON SOCIAL MEDIA;
AND IMPOSING PENALTIES.
Title 50 of the Pennsylvania Consolidated Statutes is amended by adding parts to read:
Title 50 of the Pennsylvania Consolidated <-- Statutes is amended by adding parts to read:
UNLAWFUL ACTIVITY <-- SUBCHAPTER A GENERAL PROVISIONS Sec.
Unlawful Activity SUBCHAPTER A GENERAL PROVISIONS Sec.
(2) Social media platforms are designed to be addictive, <-- with teenagers at particular risk of excessive use.
(2) According to the Pew Research Center, 54% of teens say it would be difficult to give up social media entirely.
According to the Pew Research Center, 54% of teens say it would be difficult to give up social media entirely.
A growing body of research, described in the 20240HB2017PN2746 - 2 - International Journal of Adolescence and Youth and elsewhere, has found that increased social media use is associated with greater rates of depression and anxiety in teens.
A growing body of research, described in the International Journal of Adolescence and Youth and elsewhere, 20240HB2017PN3072 - 2 - has found that increased social media use is associated with greater rates of depression and anxiety in teens.
(6) In May 2023, the United States Surgeon General released a health advisory finding that social media can <-- "have a profound risk of harm to the mental health and well- being of children and adolescents." The advisory recommends policies that limit access to social media and require greater protection of data relating to children and adolescents.
(6) In May 2023, the United States Surgeon General released a health advisory finding that "more research is needed to fully understand the impact of social media;
"MORE RESEARCH IS NEEDED TO FULLY UNDERSTAND THE <-- IMPACT OF SOCIAL MEDIA;
however, the current body of evidence indicates that while social media may have benefits for some children and adolescents, there are ample indicators that social media can also have a profound risk of harm to the mental health and well-being of children and adolescents." The advisory recommends a range of policies to consider, including "policies that further limit access - in ways that minimize the risk of harm - to social media for all children, including strengthening and enforcing age minimums." (7) In addition to empowering parents and guardians to 20240HB2017PN3072 - 3 - protect children against these risks, policymakers are establishing mechanisms to hold social media companies accountable for harms to children and youth.
HOWEVER, THE CURRENT BODY OF EVIDENCE INDICATES THAT WHILE SOCIAL MEDIA MAY HAVE BENEFITS FOR SOME CHILDREN AND ADOLESCENTS, THERE ARE AMPLE INDICATORS THAT SOCIAL MEDIA CAN ALSO HAVE A PROFOUND RISK OF HARM TO THE MENTAL HEALTH AND WELL-BEING OF CHILDREN AND ADOLESCENTS." 20240HB2017PN2746 - 3 - THE ADVISORY RECOMMENDS A RANGE OF POLICIES TO CONSIDER, INCLUDING "POLICIES THAT FURTHER LIMIT ACCESS - IN WAYS THAT MINIMIZE THE RISK OF HARM - TO SOCIAL MEDIA FOR ALL CHILDREN, INCLUDING STRENGTHENING AND ENFORCING AGE MINIMUMS." (7) In addition to empowering parents and guardians to protect children against these risks, policymakers are establishing mechanisms to hold social media companies accountable for harms to children and youth.
"Algorithmic recommendation." A fully or partially automated <-- system that suggests, promotes or ranks information for, or presents advertising to, an individual.
"Mine." The activity or process of searching through large 20240HB2017PN2746 - 4 - amounts of information for specific data or patterns.
"Mine." The activity or process of searching through large amounts of information for specific data or patterns.
"PERSONALIZED RECOMMENDATION SYSTEM." A FULLY OR PARTIALLY <-- AUTOMATED SYSTEM THAT IS BASED ON A USER'S HISTORICAL ACTIVITY DATA AND WHICH SUGGESTS, PROMOTES OR RANKS INFORMATION THAT IS PRESENTED OR DISPLAYED TO USERS.
"Personalized recommendation system." A fully or partially automated system that is based on a user's historical activity data and which suggests, promotes or ranks information that is 20240HB2017PN3072 - 4 - presented or displayed to users.
"Social media platform." A public or semi-public Internet- <-- based service or application that has users in this Commonwealth and that meets all of the following:
"Social media platform." A public or semipublic Internet- based service or application that has users in this Commonwealth and that meets all of the following criteria:
(1) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.
(1) A primary function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application, provided that a service or application that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function.
(2) The service or application allows users to do one or more of the following:
(2) The service or application allows users to do all of the following:
(i) Construct a public or semi-public profile for purposes of signing into and using the service or application.
(i) Construct a public or semipublic profile for purposes of signing into and using the service or application.
(iii) Create or post content viewable by other users, including on message boards, in chat rooms or through a landing page or main feed that presents the 20240HB2017PN2746 - 5 - user with content generated by other users.
(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.
"SOCIAL MEDIA PLATFORM." A PUBLIC OR SEMIPUBLIC INTERNET- <-- BASED SERVICE OR APPLICATION THAT HAS USERS IN THIS COMMONWEALTH AND THAT MEETS ALL OF THE FOLLOWING CRITERIA:
(1) A PRIMARY FUNCTION OF THE SERVICE OR APPLICATION IS TO CONNECT USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITHIN THE SERVICE OR APPLICATION, PROVIDED THAT A SERVICE OR APPLICATION THAT PROVIDES EMAIL OR DIRECT MESSAGING SERVICES, CLOUD COMPUTING OR COMMERCIAL TRANSACTIONS SHALL NOT BE CONSIDERED TO MEET THIS CRITERION SOLELY ON THE BASIS OF THAT FUNCTION.
(2) THE SERVICE OR APPLICATION ALLOWS USERS TO DO ALL OF THE FOLLOWING:
(I) CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES OF SIGNING INTO AND USING THE SERVICE OR APPLICATION.
(II) POPULATE A LIST OF OTHER USERS WITH WHOM AN INDIVIDUAL SHARES A SOCIAL CONNECTION WITHIN THE SYSTEM.
(III) CREATE OR POST CONTENT VIEWABLE BY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, ON MESSAGE BOARDS, IN CHAT ROOMS OR THROUGH A LANDING PAGE OR MAIN FEED THAT PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS.
1110.
20240HB2017PN3072 - 5 - 1110.
20240HB2017PN2746 - 6 - § 1111.
§ 1111.
Approval prohibited AGE ASSURANCE.
Age assurance.
<-- 1123.
1123.
Approval prohibited.
Age assurance.
<-- A social media company may not approve the creation of an account for a minor or allow a minor to open or operate an account without affirmative written consent of the minor's parent or legal guardian.
Utilizing commercially available best practices, a social 20240HB2017PN3072 - 6 - media platform shall make commercially reasonable efforts to verify the age of users upon the creation of an account, with a level of certainty appropriate to the risks that arise from the information management practices of the social media company, or apply the accommodations afforded to minors under this chapter to all account holders.
(a) Attorney General.--The Office of Attorney General shall 20240HB2017PN2746 - 7 - develop and make available on its publicly accessible Internet website a form that may be used by a parent or legal guardian to provide consent for a minor to open a social media account.
(a) General rule.--A social media company may not permit a minor residing in this Commonwealth to become an account holder on a social media platform unless the minor has the express consent of the minor's parent or legal guardian.
The Office of Attorney General shall transmit a copy of the form to each social media company.
A social media platform may obtain express consent from a minor's parent or legal guardian through any of the following means:
(b) Social media company.--Each social media company shall post in a conspicuous place on each of their social media platforms notice that written consent by the minor's parent or legal guardian shall be required prior to opening an account.
(1) By providing a completed form, developed by the Attorney General, from a minor's parent or legal guardian to sign and return to the social media platform via mail or electronic means.
The social media platform shall allow for a parent or legal guardian to submit, electronically or via mail service, a completed consent notification form developed by the Office of Attorney General under subsection (a).
(2) Through a toll-free telephone number for a minor's parent or legal guardian to call.
A social media platform may include a method for a parent or legal guardian to provide written consent as required by this chapter via electronic means.
(3) Through a call with a minor's parent or legal guardian over video conferencing technology.
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Any electronic consent included in a social media platform must include the same information as required by the form developed by the Office of Attorney General under subsection (a).
(4) By collecting information related to the government- issued identification of a minor's parent or legal guardian, shared by the parent or legal guardian.
(c) Failure to obtain consent.--To the extent possible, if a minor opens a social media account without written consent by their parent or legal guardian, the social media company shall, within 24 hours of discovery of the failure to obtain the consent:
A social media platform shall delete the information related to the government-issued identification of a minor's parent or legal guardian after confirming the identify of a minor's parent or legal guardian.
(5) Allowing a minor's parent or legal guardian to provide consent by responding to an email and taking 20240HB2017PN3072 - 7 - additional steps to verify the identity of a minor's parent or legal guardian.
(6) Any other commercially reasonable methods of obtaining consent in light of available technology.
(b) Attorney General.--The Office of Attorney General shall develop and make available on their publicly accessible Internet website a form that may be used by a parent or legal guardian to provide consent for a minor to open a social media account.
The Attorney General shall transmit a copy of the form to each social media company.
(c) Documentation.--A social media platform shall maintain documentation as to the manner in which the social media company has obtained express consent from a minor's parent or legal guardian.
The social media platform may delete the documentation when the minor is no longer a minor or within the established time frame by the social media company for maintaining data.
(d) Social media company.--Each social media company shall post in a conspicuous place on each of their social media platforms notice that express consent by the minor's parent or legal guardian shall be required prior to opening an account.
Any electronic consent included in a social media platform must include the same information as required by the form developed by the Attorney General's office under subsection (b).
(e) Failure to obtain consent.--To the extent possible, if a minor opens a social media account without express consent by their parent or legal guardian, the social media company shall, within a reasonable time after discovery of the failure to obtain the express consent:
and (2) notify the parent or legal guardian that the minor has attempted to open a social media account without their consent.
and (2) notify the minor's parent or legal guardian that the 20240HB2017PN3072 - 8 - minor has attempted to open a social media account without their consent.
(d) Social media account access.--If a parent or legal guardian provides written consent to a minor to open a social 20240HB2017PN2746 - 8 - media account under this section, the social media company shall ensure a parent or legal guardian has the same access to the minor's account as if they were the account holder.
(f) Social media access.--To the extent possible, a social media company shall provide a minor's parent or legal guardian who has given express consent for the minor to become an account holder with a means for the minor's parent or legal guardian to initiate account supervision.
(e) Notice of alleged violation.--A social media company shall develop and post notice on its website of the methods, such as electronic and telephonic means, by which a minor's parent or legal guardian may notify the social media company that the minor has opened a social media account on its social media platform without the required written consent.
Account supervision may include:
§ 1122.
(1) allowing the minor's parent or legal guardian the ability to view privacy settings of the minor's account;
AGE ASSURANCE.
(2) allowing a minor's parent or legal guardian to set daily time limits for the minor's account;
<-- UTILIZING COMMERCIALLY AVAILABLE BEST PRACTICES, A SOCIAL MEDIA PLATFORM SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO VERIFY THE AGE OF USERS UPON THE CREATION OF AN ACCOUNT, WITH A LEVEL OF CERTAINTY APPROPRIATE TO THE RISKS THAT ARISE FROM THE INFORMATION MANAGEMENT PRACTICES OF THE SOCIAL MEDIA COMPANY, OR APPLY THE ACCOMMODATIONS AFFORDED TO MINORS UNDER THIS CHAPTER TO ALL ACCOUNT HOLDERS.
(3) allowing a minor's parent or legal guardian to schedule breaks for the minor's account;
§ 1123.
and (4) allowing a minor the option of providing notifications to the minor's parent or legal guardian if the minor reports a person or an issue to the social media platform.
DUTIES.
(g) Notification.--A social media platform shall provide clear notice to the minor on the features of the minor's account to which the minor's parent or legal guardian may have access.
(A) GENERAL RULE.--A SOCIAL MEDIA COMPANY MAY NOT PERMIT A MINOR RESIDING IN THIS COMMONWEALTH TO BECOME AN ACCOUNT HOLDER ON A SOCIAL MEDIA PLATFORM UNLESS THE MINOR HAS THE EXPRESS CONSENT OF THE MINOR'S PARENT OR LEGAL GUARDIAN.
(h) No account required.--A social media platform may not require a parent or legal guardian to have their own account as a condition of a minor being able to open an account.
A SOCIAL MEDIA PLATFORM MAY OBTAIN EXPRESS CONSENT FROM A MINOR'S PARENT OR LEGAL GUARDIAN THROUGH ANY OF THE FOLLOWING MEANS:
(i) Notice of alleged violation.--A social media company shall develop and post notice on its publicly accessible Internet website of the methods, such as electronic and telephonic means, by which a minor's parent or legal guardian may notify the social media company that the minor has opened a social media account on its social media platform without the required consent.
(1) BY PROVIDING A COMPLETED FORM, DEVELOPED BY THE ATTORNEY GENERAL, FROM A MINOR'S PARENT OR LEGAL GUARDIAN TO SIGN AND RETURN TO THE SOCIAL MEDIA PLATFORM VIA MAIL OR ELECTRONIC MEANS.
20240HB2017PN3072 - 9 - § 1124.
(2) THROUGH A TOLL-FREE TELEPHONE NUMBER FOR A MINOR'S PARENT OR LEGAL GUARDIAN TO CALL.
20240HB2017PN2746 - 9 - (3) THROUGH A CALL WITH A MINOR'S PARENT OR LEGAL GUARDIAN OVER VIDEO CONFERENCING TECHNOLOGY.
(4) BY COLLECTING INFORMATION RELATED TO THE GOVERNMENT- ISSUED IDENTIFICATION OF A MINOR'S PARENT OR LEGAL GUARDIAN, SHARED BY THE PARENT OR LEGAL GUARDIAN.
A SOCIAL MEDIA PLATFORM SHALL DELETE THE INFORMATION RELATED TO THE GOVERNMENT-ISSUED IDENTIFICATION OF A MINOR'S PARENT OR LEGAL GUARDIAN AFTER CONFIRMING THE IDENTIFY OF A MINOR'S PARENT OR LEGAL GUARDIAN.
(5) ALLOWING A MINOR'S PARENT OR LEGAL GUARDIAN TO PROVIDE CONSENT BY RESPONDING TO AN EMAIL AND TAKING ADDITIONAL STEPS TO VERIFY THE IDENTITY OF A MINOR'S PARENT OR LEGAL GUARDIAN.
(6) ANY OTHER COMMERCIALLY REASONABLE METHODS OF OBTAINING CONSENT IN LIGHT OF AVAILABLE TECHNOLOGY.
(B) ATTORNEY GENERAL.--THE OFFICE OF ATTORNEY GENERAL SHALL DEVELOP AND MAKE AVAILABLE ON THEIR PUBLICLY ACCESSIBLE INTERNET WEBSITE A FORM THAT MAY BE USED BY A PARENT OR LEGAL GUARDIAN TO PROVIDE CONSENT FOR A MINOR TO OPEN A SOCIAL MEDIA ACCOUNT.
THE ATTORNEY GENERAL SHALL TRANSMIT A COPY OF THE FORM TO EACH SOCIAL MEDIA COMPANY.
(C) DOCUMENTATION.--A SOCIAL MEDIA PLATFORM SHALL MAINTAIN DOCUMENTATION AS TO THE MANNER IN WHICH THE SOCIAL MEDIA COMPANY HAS OBTAINED EXPRESS CONSENT FROM A MINOR'S PARENT OR LEGAL GUARDIAN.
THE SOCIAL MEDIA PLATFORM MAY DELETE THE DOCUMENTATION WHEN THE MINOR IS NO LONGER A MINOR OR WITHIN THE ESTABLISHED TIME FRAME BY THE SOCIAL MEDIA COMPANY FOR MAINTAINING DATA.
(D) SOCIAL MEDIA COMPANY.--EACH SOCIAL MEDIA COMPANY SHALL POST IN A CONSPICUOUS PLACE ON EACH OF THEIR SOCIAL MEDIA PLATFORMS NOTICE THAT EXPRESS CONSENT BY THE MINOR'S PARENT OR 20240HB2017PN2746 - 10 - LEGAL GUARDIAN SHALL BE REQUIRED PRIOR TO OPENING AN ACCOUNT.
ANY ELECTRONIC CONSENT INCLUDED IN A SOCIAL MEDIA PLATFORM MUST INCLUDE THE SAME INFORMATION AS REQUIRED BY THE FORM DEVELOPED BY THE ATTORNEY GENERAL'S OFFICE UNDER SUBSECTION (B).
(E) FAILURE TO OBTAIN CONSENT.--TO THE EXTENT POSSIBLE, IF A MINOR OPENS A SOCIAL MEDIA ACCOUNT WITHOUT EXPRESS CONSENT BY THEIR PARENT OR LEGAL GUARDIAN, THE SOCIAL MEDIA COMPANY SHALL, WITHIN A REASONABLE TIME AFTER DISCOVERY OF THE FAILURE TO OBTAIN THE EXPRESS CONSENT:
(1) SUSPEND THE SOCIAL MEDIA ACCOUNT;
AND (2) NOTIFY THE MINOR'S PARENT OR LEGAL GUARDIAN THAT THE MINOR HAS ATTEMPTED TO OPEN A SOCIAL MEDIA ACCOUNT WITHOUT THEIR CONSENT.
(F) SOCIAL MEDIA ACCESS.--TO THE EXTENT POSSIBLE, A SOCIAL MEDIA COMPANY SHALL PROVIDE A MINOR'S PARENT OR LEGAL GUARDIAN WHO HAS GIVEN EXPRESS CONSENT FOR THE MINOR TO BECOME AN ACCOUNT HOLDER WITH A MEANS FOR THE MINOR'S PARENT OR LEGAL GUARDIAN TO INITIATE ACCOUNT SUPERVISION.
ACCOUNT SUPERVISION MAY INCLUDE:
(1) ALLOWING THE MINOR'S PARENT OR LEGAL GUARDIAN THE ABILITY TO VIEW PRIVACY SETTINGS OF THE MINOR'S ACCOUNT;
(2) ALLOWING A MINOR'S PARENT OR LEGAL GUARDIAN TO SET DAILY TIME LIMITS FOR THE MINOR'S ACCOUNT;
(3) ALLOWING A MINOR'S PARENT OR LEGAL GUARDIAN TO SCHEDULE BREAKS FOR THE MINOR'S ACCOUNT;
AND (4) ALLOWING A MINOR THE OPTION OF PROVIDING NOTIFICATIONS TO THE MINOR'S PARENT OR LEGAL GUARDIAN IF THE MINOR REPORTS A PERSON OR AN ISSUE TO THE SOCIAL MEDIA PLATFORM.
(G) NOTIFICATION.--A SOCIAL MEDIA PLATFORM SHALL PROVIDE CLEAR NOTICE TO THE MINOR ON THE FEATURES OF THE MINOR'S ACCOUNT 20240HB2017PN2746 - 11 - TO WHICH THE MINOR'S PARENT OR LEGAL GUARDIAN MAY HAVE ACCESS.
(H) NO ACCOUNT REQUIRED.--A SOCIAL MEDIA PLATFORM MAY NOT REQUIRE A PARENT OR LEGAL GUARDIAN TO HAVE THEIR OWN ACCOUNT AS A CONDITION OF A MINOR BEING ABLE TO OPEN AN ACCOUNT.
(I) NOTICE OF ALLEGED VIOLATION.--A SOCIAL MEDIA COMPANY SHALL DEVELOP AND POST NOTICE ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE OF THE METHODS, SUCH AS ELECTRONIC AND TELEPHONIC MEANS, BY WHICH A MINOR'S PARENT OR LEGAL GUARDIAN MAY NOTIFY THE SOCIAL MEDIA COMPANY THAT THE MINOR HAS OPENED A SOCIAL MEDIA ACCOUNT ON ITS SOCIAL MEDIA PLATFORM WITHOUT THE REQUIRED CONSENT.
§ 1124.
(a) Time.--A parent or legal guardian of a minor who has <-- provided written A MINOR'S PARENT OR LEGAL GUARDIAN WHO HAS <-- PROVIDED EXPRESS consent under this subchapter may revoke the consent at any time.
(a) Time.--A minor's parent or legal guardian who has provided express consent under this subchapter may revoke the consent at any time.
(b) Social media company.--A social media company <-- PLATFORM.--A SOCIAL MEDIA PLATFORM shall take reasonable steps <-- to provide a parent or legal guardian who has provided written <-- EXPRESS consent for a minor to open a social media account with <-- the ability to revoke the consent.
(b) Social media platform.--A social media platform shall take reasonable steps to provide a parent or legal guardian who has provided express consent for a minor to open a social media account with the ability to revoke the consent.
(c) Effect of revocation.--A social media company PLATFORM <-- that receives a revocation of consent under subsection (a) shall, to the extent possible, within 24 hours of A REASONABLE <-- TIME FRAME FROM receipt of the revocation, suspend, delete or disable the account of the minor for whom consent was revoked.
(c) Effect of revocation.--A social media platform that receives a revocation of consent under subsection (a) shall, to the extent possible, within a reasonable time frame from receipt of the revocation, suspend, delete or disable the account of the minor for whom consent was revoked.
(a) Action.--The Attorney General, a district attorney of <-- the county in which the minor or minor's parent or legal guardian resides, a unit of government in the municipality in 20240HB2017PN2746 - 12 - which the minor or minor's parent or legal guardian resides or a lawyer acting on behalf of a parent or legal guardian of a minor may SHALL HAVE JURISDICTION TO bring an action against a social <-- media company that knowingly, intentionally or negligently allows for a minor to open a social media account without written EXPRESS consent of the minor's parent or legal guardian.
(a) Action.--The Attorney General shall have jurisdiction to bring an action against a social media company that knowingly, intentionally or negligently allows for a minor to open a social media account without express consent of the minor's parent or legal guardian.
<-- The Attorney General or district attorney may bring multiple <-- cases at one time against a social media company for violations of this chapter.
The Attorney General may bring multiple cases at one time against a social media company for violations of this chapter.
(4) For a first offense for an action brought by the <-- Attorney General or a district attorney on behalf of multiple minors, a civil penalty not to exceed the greater of $5,000,000 or the total number of violations multiplied by the maximum civil penalty under paragraph (1).
20240HB2017PN3072 - 10 - (4) For a first offense for an action brought on behalf of multiple minors, a civil penalty not to exceed the greater of $5,000,000 or the total number of violations multiplied by the maximum civil penalty under paragraph (1).
(c) Attorney General use of recovered fees.--For an action <-- brought by the Attorney General, civil fees collected under 20240HB2017PN2746 - 13 - subsection (b)(4) shall be deposited into the School Safety and Security Fund to be used exclusively for mental health-related services for school entities.
(c) Use of recovered fees.--Civil fees collected under subsection (b) shall be deposited into the School Safety and Security Fund to be used exclusively for mental health-related services for school entities.
(d) District attorney or unit of government use of received fees.--For an action brought by a district attorney or a unit of government, civil fees collected under this section shall be used by the county or unit of government to provide mental health-related services for school entities in the county.
(d) Good faith.--It shall be a defense to an action under subsection (a) if a social media company allows for the creation or opening of an account for a minor based on a good faith belief that the minor has obtained the express consent required under this subchapter.
(e) Good faith.--It shall be a defense to a cause of action under subsection (a) if a social media company takes good faith actions, as determined by a court of competent jurisdiction, to protect a minor from harm while using the social media company's platform.
(C) USE OF RECOVERED FEES.--CIVIL FEES COLLECTED UNDER <-- SUBSECTION (B) SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY FUND TO BE USED EXCLUSIVELY FOR MENTAL HEALTH-RELATED SERVICES FOR SCHOOL ENTITIES.
(D) GOOD FAITH.--IT SHALL BE A DEFENSE TO AN ACTION UNDER SUBSECTION (A) IF A SOCIAL MEDIA COMPANY ALLOWS FOR THE CREATION OR OPENING OF AN ACCOUNT FOR A MINOR BASED ON A GOOD FAITH BELIEF THAT THE MINOR HAS OBTAINED THE EXPRESS CONSENT REQUIRED UNDER THIS SUBCHAPTER.
20240HB2017PN2746 - 14 - As used in this subchapter, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
As used in this subchapter, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Qualified individual." Any of the following:
20240HB2017PN3072 - 11 - "Qualified individual." Any of the following:
"Sale," "sell" or "sold." The exchange of personal information for monetary consideration by the business to a third party.
The term does not include:
(1) The disclosure of personal information to a processor that processes the personal information on behalf of the business.
(2) The disclosure of personal information to a third party for purposes of providing a product or service requested by the consumer.
(3) The disclosure or transfer of personal information to an affiliate of the business.
(4) The disclosure of information that the consumer:
(i) intentionally made available to the general public via a channel of mass media;
and (ii) did not restrict to a specific audience.
(5) The disclosure or transfer of personal information to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the business's assets.
"Targeted advertising." The displaying of advertisements to a consumer where the advertisement is selected based on personal information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict such consumer's preferences or interests.
The term does not include:
20240HB2017PN3072 - 12 - (1) advertisements based on activities within a social media platform's own websites or online applications;
(2) advertisements based on the context of a consumer's current search query, visit to a website or online application;
(3) advertisements directed to a consumer in response to the consumer's request for information or feedback;
or (4) processing personal information processed solely for measuring or reporting advertising performance, reach or frequency.
"Third party." An individual or legal entity, public authority, agency or body, other than the consumer, business or processor or an affiliate of the processor or the business.
<-- (a) Mining.--A social media company may not mine data related to a minor who has opened a social media account, notwithstanding if the account was opened with the written consent of a parent or legal guardian of the minor.
(a) Mining.--A social media company may not mine data related to a minor who has opened a social media account, notwithstanding if the account was opened with the express consent of the minor's parent or legal guardian.
(b) Sale of data.--A social media company may not sell or profit from data related to a minor who has opened a social media account, notwithstanding if the account was opened with the written consent of a parent or legal guardian of the minor.
This subsection shall not apply to any of the following:
(c) Algorithmic recommendations.--A social media platform may not use the personal data of a minor in an algorithmic recommendation system.
(1) Data regarding age and location for purposes of personalized recommendations related to age-appropriate content.
(2) The mining of data necessary to protect minors from viewing harmful content.
(3) Mining of data beyond what is adequate, relevant and reasonably necessary in relation to the purpose for which the data is processed, as disclosed.
(b) Sale of data.--A social media company may not sell or profit from personal information related to a minor who has opened a social media account, or engage in targeted advertising 20240HB2017PN3072 - 13 - based on a minor's age, gender or interests, notwithstanding if the account was opened with the express consent of a minor's parent or legal guardian.
(c) Personalized recommendations.--A social media platform may provide a prominent, accessible and responsive tool for a user who is a minor to opt in of the use of search and watch history for use in personalized recommendation systems.
A social media platform may not use a personalized recommendation system unless a minor opts in.
(a) Actions.--The Attorney General, a district attorney in the county in which the minor or minor's parent or legal guardian resides, a unit of government in which the minor or minor's parent or legal guardian resides or a lawyer acting on behalf of a parent or legal guardian of a minor may bring an action against a social media company that knowingly, intentionally or negligently violates a prohibition under section 1132 (relating to prohibitions).
(a) Actions.--The Attorney General shall have jurisdiction to bring an action against a social media company that knowingly, intentionally or negligently violates a prohibition under section 1132 (relating to prohibitions).
"SALE," "SELL" OR "SOLD." THE EXCHANGE OF PERSONAL <-- 20240HB2017PN2746 - 15 - INFORMATION FOR MONETARY CONSIDERATION BY THE BUSINESS TO A THIRD PARTY.
(b) Penalty.-- (1) For a first offense for an action brought on behalf of a single minor, a civil penalty not to exceed $10,000.
(2) For a second offense for an action brought on behalf of the same single minor under paragraph (1), a civil penalty not to exceed $50,000.
(3) For a third or subsequent offense for an action brought on behalf of the same single minor under paragraph (1), a civil penalty not to exceed $500,000.
(4) For a first offense for an action brought on behalf of multiple minors, a civil penalty not to exceed the greater of $50,000,000 or the total number of violations multiplied by the maximum civil penalty under paragraph (1).
(5) For a violation of paragraphs (1), (2), (3) and (4), a court of competent jurisdiction may order data collected as a result of a violation of a prohibition under section 1132 20240HB2017PN3072 - 14 - to be scrubbed and removed from the Internet.
The cost of removal shall be paid by the social media company.
(6) If a court of competent jurisdiction determines that there has been repeated intentional violations of a prohibition under section 1132 by a social media company, the court may prohibit the social media company from operating accounts for minors in this Commonwealth.
(c) Use of recovered fees.--Civil fees collected under this section shall be deposited into the School Safety and Security Fund to be used for mental health-related services for school entities.
(d) Good faith.--It shall be a defense to an action under subsection (a) if a social media company takes good faith actions to limit the personal information mined from a minor or acts in good faith to prohibit the sale of personal information of a minor.
§ 1134.
Removal.
(a) Process.--In response to a request from a qualified individual, a social media platform shall provide such individual the ability to correct or delete personal information that the qualified individual has provided to the social media platform or that the social media platform obtained about the qualified individual.
Deidentified information may be considered deleted for purposes of this subchapter.
(b) Fulfilling requests.--To help fulfill requests from a qualified individual, a social media platform may:
(1) require the qualified individual to reasonably identify the activities to which the qualified individual's request relates;
and (2) provide automated tools that allow qualified 20240HB2017PN3072 - 15 - individuals to correct or delete personal information under subsection (a).
(c) Notice.--A social media platform that has mined or collected personal information from a minor or retains personal information about a minor shall prominently display notice on the website of how a qualified individual can request that the social media platform delete personal information in the possession of the social media platform that was collected from or about the individual when the individual was a minor.
(d) Deletion.--Upon a request of a qualified individual, a social media platform shall, no later than 30 days after the request, delete personal information in the possession of the social media company that was mined or collected from or about the individual when the individual was a minor.
(e) Confirmation.--Within 90 business days of personal information being deleted by the social media company, the social media company shall provide, by written communication, notice to the qualified individual that personal information has been deleted.
(f) Violations.--A social media company that fails to delete personal information when a request to delete personal information is made by a qualified individual shall be strictly liable for a civil penalty of $10,000 per day per website until the personal information has been removed.
If a social media company has received consent from a parent or guardian to collect personal information of a minor, the consent shall be an absolute defense to a violation of this section.
The Attorney General shall have exclusive jurisdiction to bring an action under this section.
SUBCHAPTER E 20240HB2017PN3072 - 16 - UNLAWFUL ACTIVITY Sec.
1141.
Unlawful activity.
§ 1141.
Unlawful activity.
(a) Unlawful activity.--It shall be unlawful for a social media company or a social media platform to intentionally, knowingly, recklessly or negligently cause or encourage a minor to access content which the social media company knows or should have known subjects one or more minors to harm that is detrimental to the physical health, mental health or the well- being of a minor or that creates a reasonable likelihood of bodily injury or death to the minor.
(b) Exclusive jurisdiction.--The Attorney General shall have exclusive jurisdiction for violations of this section.
(c) Damages.--A court of competent jurisdiction may award damages as provided under this subsection.
In determining the extent of injury, the court shall consider the damage caused to the minor due to utilization of a social media platform by the minor.
The court may award:
(1) Actual costs incurred as a result of the damage, including costs associated with counseling services, doctors visits, treatment and co-pays.
(2) Actual attorney fees and court costs incurred by the Attorney General.
(3) Punitive damages determined by the court.
(4) Consequential damages, if harm to reputation occurred, as determined by the court.
(d) Deposit.--Damages recovered under subsection (c)(3) and (4) shall be deposited into the School Safety and Security Fund to be used exclusively for mental health-related services for 20240HB2017PN3072 - 17 - students.
(e) Remedies preserved.--Nothing under this section shall be construed to limit the Attorney General's ability to bring an action under other provisions of law.
(f) Good faith.--It shall be a defense to an action under subsection (a) if a social media company takes good faith actions, as determined by a court of competent jurisdiction, to protect a minor from content that the social media company knew or should have known subjects a minor to harm and is detrimental to the physical health, mental health or the well-being of a minor or that creates a reasonable likelihood of bodily injury or death to the minor resulting from the use of the social media company's platform.
Section 2.
This act shall take effect in 18 months.
SECTION 1.
TITLE 50 OF THE PENNSYLVANIA CONSOLIDATED <-- STATUTES IS AMENDED BY ADDING PARTS TO READ:
PART I PRELIMINARY PROVISIONS (RESERVED) PART II MINORS CHAPTER 10.
PRELIMINARY PROVISIONS (RESERVED) 11.
PROTECTING MINORS ON SOCIAL MEDIA CHAPTER 10 PRELIMINARY PROVISIONS (RESERVED) CHAPTER 11 PROTECTING MINORS ON SOCIAL MEDIA SUBCHAPTER 20240HB2017PN3072 - 18 - A.
GENERAL PROVISIONS B.
HATEFUL CONDUCT PROHIBITED C.
CONSENT TO OPEN AN ACCOUNT D.
DATA SUBCHAPTER A GENERAL PROVISIONS SEC.
1101.
SCOPE OF CHAPTER.
1102.
LEGISLATIVE INTENT.
1103.
DEFINITIONS.
§ 1101.
SCOPE OF CHAPTER.
THIS CHAPTER RELATES TO PROTECTING MINORS ON SOCIAL MEDIA.
§ 1102.
LEGISLATIVE INTENT.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) SOCIAL MEDIA USE AMONG AMERICAN TEENAGERS IS NEARLY UNIVERSAL.
ACCORDING TO THE PEW RESEARCH CENTER, 95% OF TEENS REPORT USING YOUTUBE AND 67% OF TEENS HAVE USED TIKTOK, WITH 16% USING IT ALMOST CONSTANTLY.
(2) ACCORDING TO THE PEW RESEARCH CENTER, 54% OF TEENS SAY IT WOULD BE DIFFICULT TO GIVE UP SOCIAL MEDIA ENTIRELY.
(3) SOCIAL MEDIA USE IS LINKED TO NEGATIVE FEELINGS AMONG TEENS.
A GROWING BODY OF RESEARCH, DESCRIBED IN THE INTERNATIONAL JOURNAL OF ADOLESCENCE AND YOUTH AND ELSEWHERE, HAS FOUND THAT INCREASED SOCIAL MEDIA USE IS ASSOCIATED WITH GREATER RATES OF DEPRESSION AND ANXIETY IN TEENS.
ADDITIONAL RESEARCH PUBLISHED IN THE CHILDREN AND YOUTH SERVICES REVIEW DESCRIBE A TREND IN WHICH SOCIAL MEDIA USE CAN TRIGGER AND ACCELERATE OFFLINE VIOLENCE.
(4) RATES OF SUICIDE AND SELF-HARM AMONG AMERICAN TEENAGERS HAVE GROWN DRAMATICALLY IN RECENT YEARS.
THE 20240HB2017PN3072 - 19 - CENTERS FOR DISEASE CONTROL AND PREVENTION HAVE FOUND THAT, IN 2021, THREE IN FIVE GIRLS FELT PERSISTENTLY SAD AND HOPELESS, WHILE MORE THAN ONE IN FOUR GIRLS REPORTED SERIOUSLY CONSIDERING ATTEMPTING SUICIDE.
THESE RATES HAVE INCREASED SIGNIFICANTLY SINCE 2011.
(5) FEDERAL AND STATE POLICYMAKERS ARE BEGINNING TO RECOGNIZE THE RISKS THAT SOCIAL MEDIA USE PLACE ON AMERICAN YOUTH.
A NUMBER OF RECENT POLICY PROPOSALS PROVIDE PARENTS AND GUARDIANS OF TEENAGERS WITH GREATER OVERSIGHT OVER THEIR CHILDREN'S SOCIAL MEDIA USE.
(6) IN MAY 2023, THE UNITED STATES SURGEON GENERAL RELEASED A HEALTH ADVISORY FINDING THAT "MORE RESEARCH IS NEEDED TO FULLY UNDERSTAND THE IMPACT OF SOCIAL MEDIA;
HOWEVER, THE CURRENT BODY OF EVIDENCE INDICATES THAT WHILE SOCIAL MEDIA MAY HAVE BENEFITS FOR SOME CHILDREN AND ADOLESCENTS, THERE ARE AMPLE INDICATORS THAT SOCIAL MEDIA CAN ALSO HAVE A PROFOUND RISK OF HARM TO THE MENTAL HEALTH AND WELL-BEING OF CHILDREN AND ADOLESCENTS." THE ADVISORY RECOMMENDS A RANGE OF POLICIES TO CONSIDER, INCLUDING "POLICIES THAT FURTHER LIMIT ACCESS - IN WAYS THAT MINIMIZE THE RISK OF HARM - TO SOCIAL MEDIA FOR ALL CHILDREN, INCLUDING STRENGTHENING AND ENFORCING AGE MINIMUMS." (7) IN ADDITION TO EMPOWERING PARENTS AND GUARDIANS TO PROTECT CHILDREN AGAINST THESE RISKS, POLICYMAKERS ARE ESTABLISHING MECHANISMS TO HOLD SOCIAL MEDIA COMPANIES ACCOUNTABLE FOR HARM TO CHILDREN AND YOUTH.
(8) GREATER OVERSIGHT OF SOCIAL MEDIA PLATFORMS WILL ENABLE FAMILIES IN THIS COMMONWEALTH TO USE ONLINE TOOLS IN A MORE PRODUCTIVE AND HEALTHY FASHION.
§ 1103.
DEFINITIONS.
20240HB2017PN3072 - 20 - THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"ACCOUNT." ANY MEANS OF REGISTRATION BY WHICH AN INDIVIDUAL MAY ENGAGE IN ONE OR MORE FUNCTIONS OF A SOCIAL MEDIA PLATFORM.
"DARK PATTERN." A USER INTERFACE DESIGNED OR MANIPULATED WITH THE EFFECT OF SUBVERTING OR IMPAIRING USER AUTONOMY, DECISION MAKING OR CHOICE.
THE TERM INCLUDES ANY PRACTICE THE FEDERAL TRADE COMMISSION CATEGORIZES AS A DARK PATTERN.
"DELETE." TO REMOVE PERSONAL INFORMATION SUCH THAT THE INFORMATION IS NOT RETRIEVABLE BY ANYONE AND CANNOT BE RETRIEVED IN THE NORMAL COURSE OF BUSINESS.
"MINE." THE ACTIVITY OR PROCESS OF SEARCHING THROUGH LARGE AMOUNTS OF INFORMATION FOR SPECIFIC DATA OR PATTERNS.
"MINOR." EXCEPT AS PROVIDED IN SECTION 1131 (RELATING TO DEFINITIONS), AN INDIVIDUAL WHO IS UNDER 16 YEARS OF AGE.
"ONLINE VIDEO GAME." A VIDEO GAME THAT CONNECTS TO THE INTERNET AND ALLOWS A USER TO DO ANY OF THE FOLLOWING:
(1) CREATE AND UPLOAD CONTENT OTHER THAN CONTENT THAT IS INCIDENTAL TO GAME PLAY, INCLUDING CHARACTER OR LEVEL DESIGNS CREATED BY THE USER, PRESELECTED PHRASES OR SHORT INTERACTIONS WITH OTHER USERS.
(2) ENGAGE IN MICROTRANSACTIONS WITHIN THE GAME.
(3) COMMUNICATE WITH OTHER USERS.
"PERSONAL INFORMATION." AS DEFINED IN 15 U.S.C.
§ 6501 (RELATING TO DEFINITIONS).
"PERSONALIZED RECOMMENDATION SYSTEM." A FULLY OR PARTIALLY AUTOMATED SYSTEM THAT IS BASED ON A USER'S HISTORICAL ACTIVITY DATA AND WHICH SUGGESTS, PROMOTES OR RANKS INFORMATION THAT IS PRESENTED OR DISPLAYED TO USERS.
20240HB2017PN3072 - 21 - "SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, AREA CAREER AND TECHNICAL SCHOOL, CHARTER SCHOOL OR PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION.
"SOCIAL MEDIA COMPANY." A PERSON THAT OWNS OR OPERATES ONE OR MORE SOCIAL MEDIA PLATFORMS.
"SOCIAL MEDIA PLATFORM." A PUBLIC OR SEMIPUBLIC INTERNET- BASED SERVICE, APPLICATION OR ONLINE VIDEO GAME THAT HAS USERS IN THIS COMMONWEALTH AND THAT MEETS ALL OF THE FOLLOWING CRITERIA:
(1) A PRIMARY FUNCTION OF THE SERVICE, APPLICATION OR ONLINE VIDEO GAME IS TO CONNECT USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITHIN THE SERVICE, APPLICATION OR ONLINE VIDEO GAME, EXCEPT THAT A SERVICE, APPLICATION OR ONLINE VIDEO GAME THAT PROVIDES EMAIL OR DIRECT MESSAGING SERVICES, CLOUD COMPUTING OR COMMERCIAL TRANSACTIONS SHALL NOT BE CONSIDERED TO MEET THIS CRITERION SOLELY ON THE BASIS OF THAT FUNCTION.
(2) THE SERVICE, APPLICATION OR ONLINE VIDEO GAME ALLOWS USERS TO DO ALL OF THE FOLLOWING:
(I) CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES OF SIGNING INTO AND USING THE SERVICE, APPLICATION OR ONLINE VIDEO GAME.
(II) POPULATE A LIST OF OTHER USERS WITH WHOM AN INDIVIDUAL SHARES A SOCIAL CONNECTION WITHIN THE SYSTEM.
(III) CREATE OR POST CONTENT VIEWABLE BY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, ON MESSAGE BOARDS, IN CHAT ROOMS OR THROUGH A LANDING PAGE OR MAIN FEED THAT PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS.
SUBCHAPTER B HATEFUL CONDUCT PROHIBITED 20240HB2017PN3072 - 22 - SEC.
1111.
DEFINITIONS.
1112.
REPORTING INCIDENTS OF HATEFUL CONDUCT.
1113.
CONSTRUCTION.
1114.
PENALTIES.
§ 1111.
DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"HATEFUL CONDUCT." THE USE OF A SOCIAL MEDIA PLATFORM TO VILIFY, HUMILIATE OR INCITE VIOLENCE AGAINST A GROUP OR A CLASS OF PERSONS ON THE BASIS OF RACE, COLOR, RELIGION, ETHNICITY, NATIONAL ORIGIN, DISABILITY, SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION.
§ 1112.
REPORTING INCIDENTS OF HATEFUL CONDUCT.
(A) MECHANISM.--A SOCIAL MEDIA PLATFORM THAT CONDUCTS BUSINESS IN THIS COMMONWEALTH SHALL PROVIDE AND MAINTAIN A CLEAR AND EASILY ACCESSIBLE MECHANISM FOR INDIVIDUAL USERS TO REPORT INCIDENTS OF HATEFUL CONDUCT.
THE MECHANISM SHALL MEET ALL OF THE FOLLOWING CRITERIA:
(1) BE CLEARLY ACCESSIBLE TO USERS OF THE SOCIAL MEDIA PLATFORM AND EASILY ACCESSED FROM OTHER SOCIAL MEDIA PLATFORMS' APPLICATIONS AND INTERNET WEBSITES.
(2) ALLOW THE SOCIAL MEDIA PLATFORM TO PROVIDE A DIRECT RESPONSE TO A USER REPORTING AN INCIDENT OF HATEFUL CONDUCT FOR THE PURPOSE OF INFORMING THE USER ON HOW THE MATTER IS BEING RESOLVED.
(B) POLICIES.--A SOCIAL MEDIA PLATFORM SHALL HAVE A CLEAR AND CONCISE POLICY READILY AVAILABLE AND ACCESSIBLE ON THE SOCIAL MEDIA PLATFORM'S INTERNET WEBSITE AND APPLICATION, WHICH 20240HB2017PN3072 - 23 - SHALL INCLUDE HOW THE SOCIAL MEDIA PLATFORM WILL RESPOND AND ADDRESS REPORTS OF INCIDENTS OF HATEFUL CONDUCT ON THE SOCIAL MEDIA PLATFORM.
§ 1113.
CONSTRUCTION.
NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED:
(1) AS AN OBLIGATION IMPOSED ON A SOCIAL MEDIA PLATFORM THAT ADVERSELY AFFECTS THE RIGHTS OR FREEDOMS OF AN INDIVIDUAL, INCLUDING THE EXERCISE OF THE RIGHT OF FREE SPEECH UNDER THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION;
OR (2) TO ADD TO OR INCREASE THE LIABILITY OF A SOCIAL MEDIA PLATFORM FOR ANY ACTION OTHER THAN THE FAILURE TO PROVIDE A MECHANISM FOR A USER TO REPORT AN INCIDENT OF HATEFUL CONDUCT TO THE SOCIAL MEDIA PLATFORM AND TO RECEIVE A RESPONSE TO THE REPORT FROM THE SOCIAL MEDIA PLATFORM.
§ 1114.
PENALTIES.
THE ATTORNEY GENERAL SHALL IMPOSE A FINE ON A SOCIAL MEDIA PLATFORM THAT KNOWINGLY VIOLATES THE PROVISIONS OF THIS SUBCHAPTER IN AN AMOUNT NOT TO EXCEED $1,000 FOR EACH DAY THE SOCIAL MEDIA PLATFORM IS IN VIOLATION OF THIS SUBCHAPTER.
IN DETERMINING WHETHER THE SOCIAL MEDIA PLATFORM IS IN VIOLATION OF THIS SUBCHAPTER, THE ATTORNEY GENERAL MAY TAKE PROOF, CONSIDER THE RELEVANT FACTS AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE LAWS AND RULES OF CIVIL PROCEDURE.
A DETERMINATION BY THE ATTORNEY GENERAL UNDER THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS OF 2 PA.C.S.
CH.
7 SUBCH.
A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
SUBCHAPTER C CONSENT TO OPEN AN ACCOUNT SEC.
20240HB2017PN3072 - 24 - 1121.
APPLICABILITY.
1122.
AGE ASSURANCE.
1123.
DUTIES OF SOCIAL MEDIA PLATFORMS AND COMPANIES.
1124.
REVOCATION OF CONSENT.
1125.
VIOLATIONS.
§ 1121.
APPLICABILITY.
THIS SUBCHAPTER SHALL APPLY TO ACCOUNTS OPENED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
§ 1122.
AGE ASSURANCE.
UTILIZING COMMERCIALLY AVAILABLE BEST PRACTICES, A SOCIAL MEDIA PLATFORM SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO VERIFY THE AGE OF USERS UPON THE CREATION OF AN ACCOUNT, WITH A LEVEL OF CERTAINTY APPROPRIATE TO THE RISKS THAT ARISE FROM THE INFORMATION MANAGEMENT PRACTICES OF THE SOCIAL MEDIA COMPANY, OR APPLY THE ACCOMMODATIONS AFFORDED TO MINORS UNDER THIS CHAPTER TO ALL ACCOUNT HOLDERS.
§ 1123.
DUTIES OF SOCIAL MEDIA PLATFORMS AND COMPANIES.
(A) REQUIRED CONSENT.--A SOCIAL MEDIA COMPANY MAY NOT PERMIT A MINOR RESIDING IN THIS COMMONWEALTH TO BECOME AN ACCOUNT HOLDER ON A SOCIAL MEDIA PLATFORM UNLESS THE MINOR HAS THE EXPRESS CONSENT OF THE MINOR'S PARENT OR LEGAL GUARDIAN.
A SOCIAL MEDIA PLATFORM MAY OBTAIN EXPRESS CONSENT FROM A MINOR'S PARENT OR LEGAL GUARDIAN THROUGH ANY OF THE FOLLOWING MEANS:
(1) BY PROVIDING A COMPLETED FORM FROM A MINOR'S PARENT OR LEGAL GUARDIAN TO SIGN AND RETURN TO THE SOCIAL MEDIA PLATFORM VIA MAIL OR ELECTRONIC MEANS.
(2) THROUGH A TOLL-FREE TELEPHONE NUMBER FOR A MINOR'S PARENT OR LEGAL GUARDIAN TO CALL.
(3) ALLOWING A MINOR'S PARENT OR LEGAL GUARDIAN TO PROVIDE CONSENT BY RESPONDING TO AN EMAIL.
20240HB2017PN3072 - 25 - (4) ANY OTHER COMMERCIALLY REASONABLE METHODS OF OBTAINING CONSENT IN LIGHT OF AVAILABLE TECHNOLOGY.
(B) DOCUMENTATION.--A SOCIAL MEDIA PLATFORM SHALL MAINTAIN DOCUMENTATION AS TO THE MANNER IN WHICH THE SOCIAL MEDIA COMPANY HAS OBTAINED EXPRESS CONSENT FROM A MINOR'S PARENT OR LEGAL GUARDIAN.
THE SOCIAL MEDIA PLATFORM MAY DELETE THE DOCUMENTATION WHEN THE MINOR IS NO LONGER A MINOR OR WITHIN THE ESTABLISHED TIME FRAME BY THE SOCIAL MEDIA COMPANY FOR MAINTAINING DATA.
THE OFFICE OF ATTORNEY GENERAL SHALL DEVELOP A STANDARD FORM WITH THE NECESSARY INFORMATION TO ALLOW A MINOR'S PARENT OR LEGAL GUARDIAN TO PROVIDE CONSENT UNDER THIS SECTION.
(C) SOCIAL MEDIA COMPANIES.--A SOCIAL MEDIA COMPANY SHALL POST IN A CONSPICUOUS PLACE ON EACH OF THE SOCIAL MEDIA COMPANY'S SOCIAL MEDIA PLATFORMS NOTICE THAT EXPRESS CONSENT BY A MINOR'S PARENT OR LEGAL GUARDIAN SHALL BE REQUIRED PRIOR TO OPENING AN ACCOUNT.
AN ELECTRONIC CONSENT FORM ON A SOCIAL MEDIA PLATFORM FOR THE PURPOSES OF THIS SECTION SHALL INCLUDE THE NECESSARY INFORMATION ON THE FORM DEVELOPED BY THE OFFICE OF ATTORNEY GENERAL UNDER SUBSECTION (B).
(D) FAILURE TO OBTAIN CONSENT.--TO THE EXTENT POSSIBLE, IF A MINOR OPENS A SOCIAL MEDIA ACCOUNT WITHOUT EXPRESS CONSENT BY THE MINOR'S PARENT OR LEGAL GUARDIAN, THE SOCIAL MEDIA COMPANY SHALL, WITHIN A REASONABLE TIME AFTER DISCOVERY OF THE FAILURE TO OBTAIN THE EXPRESS CONSENT:
(1) SUSPEND THE SOCIAL MEDIA ACCOUNT;
AND (2) NOTIFY THE MINOR'S PARENT OR LEGAL GUARDIAN THAT THE MINOR HAS ATTEMPTED TO OPEN A SOCIAL MEDIA ACCOUNT WITHOUT THEIR CONSENT.
(E) SOCIAL MEDIA ACCESS.--TO THE EXTENT POSSIBLE, A SOCIAL MEDIA COMPANY SHALL PROVIDE A MINOR'S PARENT OR LEGAL GUARDIAN 20240HB2017PN3072 - 26 - WHO HAS GIVEN EXPRESS CONSENT FOR THE MINOR TO BECOME AN ACCOUNT HOLDER WITH A MEANS FOR THE MINOR'S PARENT OR LEGAL GUARDIAN TO INITIATE ACCOUNT SUPERVISION.
ACCOUNT SUPERVISION MAY INCLUDE:
(1) ALLOWING THE MINOR'S PARENT OR LEGAL GUARDIAN THE ABILITY TO VIEW PRIVACY SETTINGS OF THE MINOR'S ACCOUNT;
AND (2) ALLOWING A MINOR THE OPTION OF PROVIDING NOTIFICATIONS TO THE MINOR'S PARENT OR LEGAL GUARDIAN IF THE MINOR REPORTS A PERSON OR AN ISSUE TO THE SOCIAL MEDIA PLATFORM.
(F) NOTIFICATION.--A SOCIAL MEDIA PLATFORM SHALL PROVIDE CLEAR NOTICE TO THE MINOR ON THE FEATURES OF THE MINOR'S ACCOUNT TO WHICH THE MINOR'S PARENT OR LEGAL GUARDIAN MAY HAVE ACCESS.
(G) NO ACCOUNT REQUIRED.--A SOCIAL MEDIA PLATFORM MAY NOT REQUIRE A PARENT OR LEGAL GUARDIAN TO HAVE THE PARENT OR LEGAL GUARDIAN'S OWN ACCOUNT AS A CONDITION OF A MINOR BEING ABLE TO OPEN AN ACCOUNT.
(H) NOTICE OF ALLEGED VIOLATION.--A SOCIAL MEDIA COMPANY SHALL DEVELOP AND POST NOTICE ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE OF THE METHODS, INCLUDING ELECTRONIC AND TELEPHONIC MEANS, BY WHICH A MINOR'S PARENT OR LEGAL GUARDIAN MAY NOTIFY THE SOCIAL MEDIA COMPANY THAT THE MINOR HAS OPENED A SOCIAL MEDIA ACCOUNT ON ITS SOCIAL MEDIA PLATFORM WITHOUT THE REQUIRED CONSENT.
§ 1124.
REVOCATION OF CONSENT.
(A) TIME.--A MINOR'S PARENT OR LEGAL GUARDIAN WHO HAS PROVIDED EXPRESS CONSENT UNDER THIS SUBCHAPTER MAY REVOKE THE CONSENT AT ANY TIME.
(B) SOCIAL MEDIA PLATFORM.--A SOCIAL MEDIA PLATFORM SHALL TAKE REASONABLE STEPS TO PROVIDE A PARENT OR LEGAL GUARDIAN WHO HAS PROVIDED EXPRESS CONSENT FOR A MINOR TO OPEN A SOCIAL MEDIA 20240HB2017PN3072 - 27 - ACCOUNT WITH THE ABILITY TO REVOKE THE CONSENT.
(C) EFFECT OF REVOCATION.--A SOCIAL MEDIA PLATFORM THAT RECEIVES A REVOCATION OF CONSENT UNDER SUBSECTION (A) SHALL, TO THE EXTENT POSSIBLE, WITHIN A REASONABLE TIME FRAME FROM RECEIPT OF THE REVOCATION, SUSPEND, DELETE OR DISABLE THE ACCOUNT OF THE MINOR FOR WHOM CONSENT WAS REVOKED.
§ 1125.
VIOLATIONS.
(A) ACTION.--THE ATTORNEY GENERAL SHALL HAVE JURISDICTION TO BRING AN ACTION AGAINST A SOCIAL MEDIA COMPANY THAT KNOWINGLY, INTENTIONALLY OR NEGLIGENTLY ALLOWS FOR A MINOR TO OPEN A SOCIAL MEDIA ACCOUNT WITHOUT EXPRESS CONSENT OF THE MINOR'S PARENT OR LEGAL GUARDIAN.
THE ATTORNEY GENERAL MAY BRING MULTIPLE CASES AT ONE TIME AGAINST A SOCIAL MEDIA COMPANY FOR VIOLATIONS OF THIS CHAPTER.
(B) PENALTIES.-- (1) FOR A FIRST OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF A SINGLE MINOR, A CIVIL PENALTY NOT TO EXCEED $2,500.
(2) FOR A SECOND OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF THE SAME SINGLE MINOR UNDER PARAGRAPH (1), A CIVIL PENALTY NOT TO EXCEED $5,000.
(3) FOR A THIRD OR SUBSEQUENT OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF THE SAME SINGLE MINOR UNDER PARAGRAPH (1), A CIVIL PENALTY NOT TO EXCEED $50,000.
(4) FOR A FIRST OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF MULTIPLE MINORS, A CIVIL PENALTY NOT TO EXCEED THE GREATER OF $5,000,000 OR THE TOTAL NUMBER OF VIOLATIONS MULTIPLIED BY THE MAXIMUM CIVIL PENALTY UNDER PARAGRAPH (1).
(5) IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THERE HAVE BEEN REPEATED INTENTIONAL VIOLATIONS OF THIS CHAPTER BY A SOCIAL MEDIA COMPANY, THE COURT MAY ENTER AN 20240HB2017PN3072 - 28 - ORDER ENJOINING THE SOCIAL MEDIA COMPANY FROM OPERATING IN THIS COMMONWEALTH.
(C) USE OF RECOVERED FEES.--CIVIL FEES COLLECTED UNDER SUBSECTION (B) SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY FUND TO BE USED EXCLUSIVELY FOR MENTAL HEALTH-RELATED SERVICES FOR SCHOOL ENTITIES.
(D) GOOD FAITH.--IT SHALL BE A DEFENSE TO AN ACTION UNDER SUBSECTION (A) IF A SOCIAL MEDIA COMPANY ALLOWS FOR THE CREATION OR OPENING OF AN ACCOUNT FOR A MINOR BASED ON A GOOD FAITH BELIEF THAT THE MINOR HAS OBTAINED THE EXPRESS CONSENT REQUIRED UNDER THIS SUBCHAPTER.
SUBCHAPTER D DATA SEC.
1131.
DEFINITIONS.
1132.
PROHIBITIONS.
1133.
VIOLATIONS.
1134.
REMOVAL.
§ 1131.
DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"MINOR." AN INDIVIDUAL WHO IS UNDER 18 YEARS OF AGE.
"PRECISE GEOLOCATION." DATA THAT IS DERIVED FROM A DEVICE AND USED OR INTENDED TO BE USED TO LOCATE A CONSUMER WITHIN A GEOGRAPHIC AREA THAT IS EQUAL TO OR LESS THAN THE AREA OF A CIRCLE WITH A RADIUS OF 1,850 FEET.
"PROCESS" OR "PROCESSING." TO CONDUCT OR DIRECT AN OPERATION OR A SET OF OPERATIONS PERFORMED, WHETHER BY MANUAL OR AUTOMATED MEANS, ON PERSONAL DATA OR ON SETS OF PERSONAL DATA, INCLUDING 20240HB2017PN3072 - 29 - THE COLLECTION, USE, STORAGE, DISCLOSURE, ANALYSIS, DELETION, MODIFICATION OR OTHERWISE HANDLING OF PERSONAL DATA.
"QUALIFIED INDIVIDUAL." ANY OF THE FOLLOWING:
(1) A PARENT OR GUARDIAN OF A MINOR.
(2) AN ADULT INDIVIDUAL FROM WHOM DATA WAS COLLECTED WHEN THE INDIVIDUAL WAS A MINOR.
"SALE," "SELL" OR "SOLD." THE EXCHANGE OF PERSONAL INFORMATION FOR MONETARY CONSIDERATION BY THE BUSINESS TO A THIRD PARTY.
"TARGETED ADVERTISING." THE DISPLAYING OF ADVERTISEMENTS TO A CONSUMER WHERE THE ADVERTISEMENT IS SELECTED BASED ON PERSONAL INFORMATION OBTAINED FROM THAT CONSUMER'S ACTIVITIES OVER TIME AND ACROSS NONAFFILIATED WEBSITES OR ONLINE APPLICATIONS TO PREDICT SUCH CONSUMER'S PREFERENCES OR INTERESTS.
"TARGETED ADVERTISING." THE DISPLAYING OF ADVERTISEMENTS TO A CONSUMER WHERE THE ADVERTISEMENT IS SELECTED BASED ON PERSONAL INFORMATION OBTAINED FROM THAT CONSUMER'S ACTIVITIES OVER TIME AND ACROSS NONAFFILIATED WEBSITES OR ONLINE APPLICATIONS TO 20240HB2017PN3072 - 30 - PREDICT SUCH CONSUMER'S PREFERENCES OR INTERESTS.
20240HB2017PN2746 - 16 - (3) ADVERTISEMENTS DIRECTED TO A CONSUMER IN RESPONSE TO THE CONSUMER'S REQUEST FOR INFORMATION OR FEEDBACK;
(3) ADVERTISEMENTS DIRECTED TO A CONSUMER IN RESPONSE TO THE CONSUMER'S REQUEST FOR INFORMATION OR FEEDBACK;
(3) MINING OF DATA BEYOND WHAT IS ADEQUATE, RELEVANT AND REASONABLY NECESSARY IN RELATION TO THE PURPOSE FOR WHICH THE DATA IS PROCESSED, AS DISCLOSED.
(3) MINING OF DATA WHICH IS ADEQUATE, RELEVANT AND REASONABLY NECESSARY IN RELATION TO THE PURPOSE FOR WHICH THE DATA IS PROCESSED, AS DISCLOSED.
(B) SALE OF DATA.--A SOCIAL MEDIA COMPANY MAY NOT SELL OR PROFIT FROM PERSONAL INFORMATION RELATED TO A MINOR WHO HAS OPENED A SOCIAL MEDIA ACCOUNT, OR ENGAGE IN TARGETED ADVERTISING BASED ON A MINOR'S AGE, GENDER OR INTERESTS, NOTWITHSTANDING IF THE ACCOUNT WAS OPENED WITH THE EXPRESS CONSENT OF A MINOR'S PARENT OR LEGAL GUARDIAN.
(B) SALE OF DATA.--A SOCIAL MEDIA COMPANY MAY NOT SELL OR 20240HB2017PN3072 - 31 - PROFIT FROM PERSONAL INFORMATION RELATED TO A MINOR WHO HAS OPENED A SOCIAL MEDIA ACCOUNT, OR ENGAGE IN TARGETED ADVERTISING BASED ON A MINOR'S AGE, GENDER OR INTERESTS, NOTWITHSTANDING IF THE ACCOUNT WAS OPENED WITH THE EXPRESS CONSENT OF A MINOR'S PARENT OR LEGAL GUARDIAN.
(C) PERSONALIZED RECOMMENDATIONS.--A SOCIAL MEDIA PLATFORM MAY PROVIDE A PROMINENT, ACCESSIBLE AND RESPONSIVE TOOL FOR A 20240HB2017PN2746 - 17 - USER WHO IS A MINOR TO OPT IN OF THE USE OF SEARCH AND WATCH HISTORY FOR USE IN PERSONALIZED RECOMMENDATION SYSTEMS.
(C) PERSONALIZED RECOMMENDATIONS.--A SOCIAL MEDIA PLATFORM MAY PROVIDE A PROMINENT, ACCESSIBLE AND RESPONSIVE TOOL FOR A USER WHO IS A MINOR TO OPT IN OF THE USE OF SEARCH AND WATCH HISTORY FOR USE IN PERSONALIZED RECOMMENDATION SYSTEMS.
§ 1133.
(D) PROCESSING BY DEFAULT.--A SOCIAL MEDIA PLATFORM MAY NOT PROCESS THE PRECISE GEOLOCATION INFORMATION OF A MINOR BY DEFAULT UNLESS THE PROCESSING OF THE PRECISE GEOLOCATION INFORMATION:
(1) IS STRICTLY NECESSARY FOR THE SOCIAL MEDIA COMPANY TO PROVIDE THE SERVICE, PRODUCT OR FEATURE REQUESTED BY THE MINOR CONSUMER;
OR (2) IS ONLY FOR THE AMOUNT OF TIME NECESSARY TO PROVIDE THE SERVICE, PRODUCT OR FEATURE.
(E) CONSPICUOUS SIGNAL.--A SOCIAL MEDIA PLATFORM MAY NOT PROCESS THE PRECISE GEOLOCATION INFORMATION OF A MINOR WITHOUT PROVIDING A CONSPICUOUS SIGNAL TO THE MINOR CONSUMER FOR THE DURATION OF THE PROCESSING.
(F) DARK PATTERNS.--A SOCIAL MEDIA PLATFORM MAY NOT USE DARK PATTERNS.
(G) UNKNOWN ADULT CONTACT.--A SOCIAL MEDIA PLATFORM MAY NOT PERMIT, BY DEFAULT, AN UNKNOWN ADULT TO CONTACT A MINOR CONSUMER ON THE SOCIAL MEDIA PLATFORM WITHOUT THE MINOR CONSUMER FIRST INITIATING THE CONTACT.
20240HB2017PN3072 - 32 - § 1133.
(b) Penalty.-- (1) For a first offense for an action brought on behalf of a single minor, a civil penalty not to exceed $10,000.
(B) PENALTIES.-- (1) FOR A FIRST OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF A SINGLE MINOR, A CIVIL PENALTY NOT TO EXCEED $10,000.
(2) For a second offense for an action brought on behalf of the same single minor under paragraph (1), a civil penalty not to exceed $50,000.
(2) FOR A SECOND OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF THE SAME SINGLE MINOR UNDER PARAGRAPH (1), A CIVIL PENALTY NOT TO EXCEED $50,000.
(3) For a third or subsequent offense for an action brought on behalf of the same single minor under paragraph (1), a civil penalty not to exceed $500,000.
(3) FOR A THIRD OR SUBSEQUENT OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF THE SAME SINGLE MINOR UNDER PARAGRAPH (1), A CIVIL PENALTY NOT TO EXCEED $500,000.
(4) For a first offense for an action brought by the <-- Attorney General, district attorney or unit of government on behalf of multiple minors, a civil penalty not to exceed the greater of $50,000,000 or the total number of violations multiplied by the maximum civil penalty under paragraph (1).
(4) FOR A FIRST OFFENSE FOR AN ACTION BROUGHT ON BEHALF OF MULTIPLE MINORS, A CIVIL PENALTY NOT TO EXCEED THE GREATER OF $50,000,000 OR THE TOTAL NUMBER OF VIOLATIONS MULTIPLIED BY THE MAXIMUM CIVIL PENALTY UNDER PARAGRAPH (1).
(5) For a violation of paragraphs (1), (2), (3) and (4), a court of competent jurisdiction may order data collected as a result of a violation of a prohibition under section 1132 to be scrubbed and removed from the Internet.
(5) FOR A VIOLATION OF PARAGRAPHS (1), (2), (3) AND (4), A COURT OF COMPETENT JURISDICTION MAY ORDER DATA COLLECTED AS A RESULT OF A VIOLATION OF A PROHIBITION UNDER SECTION 1132 TO BE SCRUBBED AND REMOVED FROM THE INTERNET.
The cost of removal shall be paid by the social media company.
THE COST OF REMOVAL SHALL BE PAID BY THE SOCIAL MEDIA COMPANY.
(6) If a court of competent jurisdiction determines that there has been repeated intentional violations of a 20240HB2017PN2746 - 18 - prohibition under section 1132 by a social media company, the court may prohibit the social media company from operating in <-- this Commonwealth.
(6) IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THERE HAS BEEN REPEATED INTENTIONAL VIOLATIONS OF A PROHIBITION UNDER SECTION 1132 BY A SOCIAL MEDIA COMPANY, THE COURT MAY PROHIBIT THE SOCIAL MEDIA COMPANY FROM OPERATING ACCOUNTS FOR MINORS IN THIS COMMONWEALTH.
(c) Attorney General use of recovered fees.--For an action brought by the Attorney General, civil fees collected under this section shall be deposited into the School Safety and Security Fund to be used for mental health-related services for school entities.
(C) USE OF RECOVERED FEES.--CIVIL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY 20240HB2017PN3072 - 33 - FUND TO BE USED FOR MENTAL-HEALTH-RELATED SERVICES FOR SCHOOL ENTITIES.
(d) District attorney or unit of government use of received fees.--For an action brought by a district attorney or unit of government, civil fees collected under this section shall be used by the county or unit of government to provide mental health-related services for school entities in the county or unit of government.
(e) Good faith.--It shall be a defense to a cause of action under subsection (a) if a social media company takes good faith actions, as determined by a court of competent jurisdiction, to protect a minor from harm while using the social media company's platform.
§ 1134.
Removal.
(a) Process.--A social media company shall implement a process for a qualified individual to have data mined or collected from an individual when the individual was a minor deleted and removed from websites and platforms operated by the social media company.
(b) Notice.--A social media company that has mined or ACCOUNTS FOR MINORS IN THIS COMMONWEALTH.
<-- (C) USE OF RECOVERED FEES.--CIVIL FEES COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY FUND TO BE USED FOR MENTAL HEALTH-RELATED SERVICES FOR SCHOOL 20240HB2017PN2746 - 19 - ENTITIES.
(C) NOTICE.--A SOCIAL MEDIA PLATFORM THAT HAS MINED OR collected personal information from a minor or retains personal information about a minor shall prominently display notice on the website of how a qualified individual can request that the social media company PLATFORM delete personal information in the <-- possession of the social media company PLATFORM that was <-- collected from or about the individual when the individual was a minor.
(C) NOTICE.--A SOCIAL MEDIA PLATFORM THAT HAS MINED OR COLLECTED PERSONAL INFORMATION FROM A MINOR OR RETAINS PERSONAL INFORMATION ABOUT A MINOR SHALL PROMINENTLY DISPLAY NOTICE ON THE WEBSITE OF HOW A QUALIFIED INDIVIDUAL CAN REQUEST THAT THE SOCIAL MEDIA PLATFORM DELETE PERSONAL INFORMATION IN THE POSSESSION OF THE SOCIAL MEDIA PLATFORM THAT WAS COLLECTED FROM OR ABOUT THE INDIVIDUAL WHEN THE INDIVIDUAL WAS A MINOR.
20240HB2017PN2746 - 20 - (c) (D) Deletion.--Upon a request of a qualified individual, <-- a social media company PLATFORM shall, no later than 30 days <-- after the request, delete personal information in the possession of the social media company that was mined or collected from or about the individual when the individual was a minor.
20240HB2017PN3072 - 34 - (D) DELETION.--UPON A REQUEST OF A QUALIFIED INDIVIDUAL, A SOCIAL MEDIA PLATFORM SHALL, NO LATER THAN 30 DAYS AFTER THE REQUEST, DELETE PERSONAL INFORMATION IN THE POSSESSION OF THE SOCIAL MEDIA COMPANY THAT WAS MINED OR COLLECTED FROM OR ABOUT THE INDIVIDUAL WHEN THE INDIVIDUAL WAS A MINOR.
(d) (E) Confirmation.--Within five 90 business days of <-- personal information being deleted by the social media company, the social media company shall provide, by written communication, notice to the qualified individual that personal information has been deleted.
(E) CONFIRMATION.--WITHIN 90 BUSINESS DAYS OF PERSONAL INFORMATION BEING DELETED BY THE SOCIAL MEDIA COMPANY, THE SOCIAL MEDIA COMPANY SHALL PROVIDE, BY WRITTEN COMMUNICATION, NOTICE TO THE QUALIFIED INDIVIDUAL THAT PERSONAL INFORMATION HAS BEEN DELETED.
(e) Violations.--A social media company that intentionally, <-- knowingly or negligently failed (F) VIOLATIONS.--A SOCIAL MEDIA COMPANY THAT FAILS to delete <-- personal information when a request to delete personal information is made by a qualified individual shall be strictly liable for a civil penalty of $10,000 per day per website until the personal information has been removed.
(F) VIOLATIONS.--A SOCIAL MEDIA COMPANY THAT FAILS TO DELETE PERSONAL INFORMATION WHEN A REQUEST TO DELETE PERSONAL INFORMATION IS MADE BY A QUALIFIED INDIVIDUAL SHALL BE STRICTLY LIABLE FOR A CIVIL PENALTY OF $10,000 PER DAY PER WEBSITE UNTIL THE PERSONAL INFORMATION HAS BEEN REMOVED.
If a social media company has received consent from a parent or guardian to collect personal information of a minor, the consent shall be an absolute defense to a violation of this section.
IF A SOCIAL MEDIA COMPANY HAS RECEIVED CONSENT FROM A PARENT OR GUARDIAN TO COLLECT PERSONAL INFORMATION OF A MINOR, THE CONSENT SHALL BE AN ABSOLUTE DEFENSE TO A VIOLATION OF THIS SECTION.
Section 2.
THE ATTORNEY GENERAL SHALL HAVE EXCLUSIVE JURISDICTION TO BRING AN ACTION UNDER THIS SECTION.
This act shall take effect as follows:
<-- (1) Except for the addition of 50 Pa.C.S.
§ 1123(a) and 50 Pa.C.S.
Ch.
11 Subch.
C shall take effect in one year.
(2) The remainder of this act shall take effect immediately.
THE ATTORNEY GENERAL SHALL HAVE EXCLUSIVE JURISDICTION TO <-- BRING AN ACTION UNDER THIS SECTION.
SUBCHAPTER E UNLAWFUL ACTIVITY SEC.
20240HB2017PN2746 - 21 - 1141.
UNLAWFUL ACTIVITY.
§ 1141.
UNLAWFUL ACTIVITY.
(A) UNLAWFUL ACTIVITY.--IT SHALL BE UNLAWFUL FOR A SOCIAL MEDIA COMPANY OR A SOCIAL MEDIA PLATFORM TO INTENTIONALLY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY CAUSE OR ENCOURAGE A MINOR TO ACCESS CONTENT WHICH THE SOCIAL MEDIA COMPANY KNOWS OR SHOULD HAVE KNOWN SUBJECTS ONE OR MORE MINORS TO HARM THAT IS DETRIMENTAL TO THE PHYSICAL HEALTH, MENTAL HEALTH OR THE WELL- BEING OF A MINOR OR THAT CREATES A REASONABLE LIKELIHOOD OF BODILY INJURY OR DEATH TO THE MINOR.
(B) EXCLUSIVE JURISDICTION.--THE ATTORNEY GENERAL SHALL HAVE EXCLUSIVE JURISDICTION FOR VIOLATIONS OF THIS SECTION.
(C) DAMAGES.--A COURT OF COMPETENT JURISDICTION MAY AWARD DAMAGES AS PROVIDED UNDER THIS SUBSECTION.
IN DETERMINING THE EXTENT OF INJURY, THE COURT SHALL CONSIDER THE DAMAGE CAUSED TO THE MINOR DUE TO UTILIZATION OF A SOCIAL MEDIA PLATFORM BY THE MINOR.
THE COURT MAY AWARD:
(1) ACTUAL COSTS INCURRED AS A RESULT OF THE DAMAGE, INCLUDING COSTS ASSOCIATED WITH COUNSELING SERVICES, DOCTORS VISITS, TREATMENT AND CO-PAYS.
(2) ACTUAL ATTORNEY FEES AND COURT COSTS INCURRED BY THE ATTORNEY GENERAL.
(3) PUNITIVE DAMAGES DETERMINED BY THE COURT.
(4) CONSEQUENTIAL DAMAGES, IF HARM TO REPUTATION OCCURRED, AS DETERMINED BY THE COURT.
(D) DEPOSIT.--DAMAGES RECOVERED UNDER SUBSECTION (C)(3) AND (4) SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY FUND TO BE USED EXCLUSIVELY FOR MENTAL HEALTH-RELATED SERVICES FOR STUDENTS.
(E) REMEDIES PRESERVED.--NOTHING UNDER THIS SECTION SHALL BE 20240HB2017PN2746 - 22 - CONSTRUED TO LIMIT THE ATTORNEY GENERAL'S ABILITY TO BRING AN ACTION UNDER OTHER PROVISIONS OF LAW.
(F) GOOD FAITH.--IT SHALL BE A DEFENSE TO AN ACTION UNDER SUBSECTION (A) IF A SOCIAL MEDIA COMPANY TAKES GOOD FAITH ACTIONS, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION, TO PROTECT A MINOR FROM CONTENT THAT THE SOCIAL MEDIA COMPANY KNEW OR SHOULD HAVE KNOWN SUBJECTS A MINOR TO HARM AND IS DETRIMENTAL TO THE PHYSICAL HEALTH, MENTAL HEALTH OR THE WELL-BEING OF A MINOR OR THAT CREATES A REASONABLE LIKELIHOOD OF BODILY INJURY OR DEATH TO THE MINOR RESULTING FROM THE USE OF THE SOCIAL MEDIA COMPANY'S PLATFORM.
20240HB2017PN2746 - 23 -
20240HB2017PN3072 - 35 -
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends Title 50 of the Pennsylvania Consolidated Statutes to establish protections for minors using social media, requiring parental consent for account creation and monitoring chats for flagged content.

  • Title 50

    Part II, Chapter 11, and its subchapters are added to protect minors on social media.

    Creates a new framework for the protection of minors on social media platforms.

  • § 1122

    A social media company may not approve the creation of an account for a minor or allow a minor to open or operate an account without affirmative written consent of the minor's parent or legal guardian.

    Establishes a requirement for parental consent for minors to create social media accounts.

  • § 1110

    A social media company shall monitor chats between two or more minors for flagged content.

    Mandates social media companies to monitor chats for harmful content involving minors.

  • § 1111

    A social media company shall send a notice to a parent or legal guardian of a minor of flagged content on the minor's chats.

    Requires social media companies to notify parents or guardians about flagged content in minors' chats.

  • § 1123(b)

    Each social media company shall post in a conspicuous place on each of their social media platforms notice that written consent by the minor's parent or legal guardian shall be required prior to opening an account.

    Obligates social media companies to publicly inform about the parental consent requirement.

  • § 1124(c)

    A social media company that receives a revocation of consent shall, to the extent possible, within 24 hours of receipt of the revocation, suspend, delete or disable the account of the minor for whom consent was revoked.

    Ensures swift action by social media companies to disable accounts once consent is revoked.

  • § 1125(a)

    The Attorney General, a district attorney of the county in which the minor or minor's parent or legal guardian resides, a unit of government in the municipality in which the minor or minor's parent or legal guardian resides or a lawyer acting on behalf of a parent or legal guardian of a minor may bring an action against a social media company that knowingly, intentionally or negligently allows for a minor to open a social media account without written consent of the minor's parent or legal guardian.

    Gives authority to enforce the consent law to various legal entities.

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Referred to Communications & Technology

  2. Third consideration and final passage

  3. Re-reported as committed

  4. Re-committed to Appropriations

  5. Second consideration, with amendments

  6. Removed from table

  7. Laid on the table

  8. First consideration

  9. Reported as amended

  10. Referred to Consumer Protection, Technology & Utilities

Sponsors

Sponsorship breakdown

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1 sponsors · 19 co-sponsors · 233 not signed on · 106 voted No

Sponsors (1)

Co-sponsors (19)

Not signed on (233)

233 members have not signed on to this bill.

Show all 233 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Committee vote (Appropriations): Re-report Bill As Committed

Passed 22 Yea · 15 Nay
Party YeaNayPresentNot Voting
Democratic 21000
Unaffiliated 1400
Republican 01100
Total 221500
% of votes cast 59%41%0%0%
How each member voted (37)
Member Party Vote
Joshua Siegel — Yea
Louis Schmitt — Nay
Mike Cabell — Nay
Seth Grove — Nay
Torren Ecker — Nay
Abigail Salisbury Democratic Yea
Aerion Abney Democratic Yea
Ben Waxman Democratic Yea
Benjamin V. Sanchez Democratic Yea
Bridget M. Kosierowski Democratic Yea
Dave Madsen Democratic Yea
Elizabeth Fiedler Democratic Yea
Emily Kinkead Democratic Yea
Gina H. Curry Democratic Yea
Joe Webster Democratic Yea
Jordan A. Harris Democratic Yea
Justin C. Fleming Democratic Yea
Kyle J. Mullins Democratic Yea
La'Tasha D. Mayes Democratic Yea
Manuel Guzman Democratic Yea
Morgan Cephas Democratic Yea
Napoleon J. Nelson Democratic Yea
Pat Gallagher Democratic Yea
Regina G. Young Democratic Yea
Steven R. Malagari Democratic Yea
Tim Brennan Democratic Yea
Ann Flood Republican Nay
Clint Owlett Republican Nay
Eric R. Nelson Republican Nay
James B. Struzzi Republican Nay
John A. Lawrence Republican Nay
Kristin Marcell Republican Nay
Marci Mustello Republican Nay
Natalie Mihalek Republican Nay
Ryan Warner Republican Nay
Thomas H. Kutz Republican Nay
Zachary Mako Republican Nay

Official roll call →

FINAL PASSAGE

Passed 105 Yea · 95 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 87700
Republican 77702
Unaffiliated 111100
Total 1059502
% of votes cast 52%47%0%1%
How each member voted (202)
Member Party Vote
P. Sturla — Yea
Aaron Kaufer — Yea
Barry Jozwiak — Nay
Dan Miller — Yea
Donna Bullock — Yea
Donna Oberlander — Yea
George Dunbar — Nay
Jim Gregory — Nay
Jim Marshall — Yea
Joshua Siegel — Yea
Kevin Boyle — Yea
Louis Schmitt — Nay
MACKENZIE, R — Nay
Mark Rozzi — Yea
Matthew Gergely — Yea
Mike Cabell — Nay
Paul Schemel — Nay
Robert W. Mercuri — Nay
Seth Grove — Nay
Stephen Kinsey — Yea
Stephenie Scialabba — Nay
Torren Ecker — Nay
Abigail Salisbury Democratic Yea
Aerion Abney Democratic Yea
Amen Brown Democratic Yea
Anita Astorino Kulik Democratic Yea
Anthony A. Bellmon Democratic Yea
Arvind Venkat Democratic Nay
Ben Waxman Democratic Yea
Benjamin V. Sanchez Democratic Yea
Brandon J. Markosek Democratic Yea
Brian Munroe Democratic Yea
Bridget M. Kosierowski Democratic Yea
Carol Hill-Evans Democratic Yea
Carol Kazeem Democratic Yea
Chris Pielli Democratic Yea
Christina D. Sappey Democratic Yea
Christopher M. Rabb Democratic Nay
Dan Frankel Democratic Yea
Dan K. Williams Democratic Yea
Daniel J. Deasy Democratic Yea
Danielle Friel Otten Democratic Yea
Danilo Burgos Democratic Yea
Darisha K. Parker Democratic Yea
Dave Madsen Democratic Yea
David M. Delloso Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Elizabeth Fiedler Democratic Nay
Emily Kinkead Democratic Yea
Frank Burns Democratic Yea
G. Roni Green Democratic Yea
Gina H. Curry Democratic Yea
Greg Scott Democratic Yea
Greg Vitali Democratic Yea
Heather Boyd Democratic Yea
Ismail Smith-Wade-El Democratic Yea
Jared G. Solomon Democratic Yea
Jason Dawkins Democratic Yea
Jeanne McNeill Democratic Yea
Jennifer O'Mara Democratic Yea
Jessica Benham Democratic Nay
Jim Haddock Democratic Yea
Jim Prokopiak Democratic Yea
Joanna E. McClinton Democratic Yea
Joe Ciresi Democratic Yea
Joe McAndrew Democratic Yea
Joe Webster Democratic Yea
Johanny Cepeda-Freytiz Democratic Yea
Jordan A. Harris Democratic Yea
Jose Giral Democratic Yea
Joseph C. Hohenstein Democratic Yea
Justin C. Fleming Democratic Yea
Kristine C. Howard Democratic Yea
Kyle Donahue Democratic Yea
Kyle J. Mullins Democratic Yea
La'Tasha D. Mayes Democratic Nay
Leanne Krueger Democratic Yea
Lindsay Powell Democratic Nay
Lisa A. Borowski Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Mandy Steele Democratic Yea
Manuel Guzman Democratic Yea
Mary Jo Daley Democratic Yea
MaryLouise Isaacson Democratic Yea
Matthew D. Bradford Democratic Yea
Maureen E. Madden Democratic Yea
Melissa Cerrato Democratic Yea
Melissa L. Shusterman Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nancy Guenst Democratic Yea
Napoleon J. Nelson Democratic Yea
Nick Pisciottano Democratic Yea
Pat Gallagher Democratic Yea
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Paul Friel Democratic Yea
Paul Takac Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Regina G. Young Democratic Yea
Rick Krajewski Democratic Nay
Robert E. Merski Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Steven R. Malagari Democratic Yea
Tarah Probst Democratic Yea
Tarik Khan Democratic Yea
Tim Brennan Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Nay
Abby Major Republican Nay
Alec J. Ryncavage Republican Nay
Andrew Kuzma Republican Nay
Ann Flood Republican Nay
Barbara Gleim Republican Nay
Brad Roae Republican Nay
Brett R. Miller Republican Nay
Brian Smith Republican Nay
Bryan Cutler Republican Nay
Bud Cook Republican Nay
Carl Walker Metzgar Republican Nay
Charity Grimm Krupa Republican Nay
Clint Owlett Republican Nay
Craig T. Staats Republican Nay
Craig Williams Republican Nay
Dallas Kephart Republican Nay
Dan Moul Republican Nay
Dane Watro Republican Nay
David H. Rowe Republican Nay
David H. Zimmerman Republican Nay
David M. Maloney Republican Nay
Dawn W. Keefer Republican Nay
Donna Scheuren Republican Nay
Doyle Heffley Republican Nay
Eric Davanzo Republican Nay
Eric R. Nelson Republican Nay
Jack Rader Republican Nay
Jacob D. Banta Republican Nay
James B. Struzzi Republican Nay
Jamie Barton Republican Nay
Jamie L. Flick Republican Yea
Jason Ortitay Republican Nay
Jesse Topper Republican Nay
Jill N. Cooper Republican Nay
Jim Rigby Republican Nay
Joanne Stehr Republican Nay
Joe Emrick Republican Nay
Joe Hamm Republican Nay
Joe Hogan Republican Yea
Joe Kerwin Republican Not Voting
John A. Lawrence Republican Nay
John A. Schlegel Republican Nay
Jonathan Fritz Republican Nay
Joseph D'Orsie Republican Nay
Joshua D. Kail Republican Not Voting
Kate A. Klunk Republican Nay
Kathleen C. Tomlinson Republican Yea
Kathy L. Rapp Republican Nay
Keith J. Greiner Republican Nay
Kerry A. Benninghoff Republican Nay
Kristin Marcell Republican Nay
Leslie Rossi Republican Nay
Marci Mustello Republican Yea
Mark M. Gillen Republican Nay
Marla Brown Republican Nay
Martin T. Causer Republican Nay
Martina A. White Republican Yea
Michael Stender Republican Nay
Mike Armanini Republican Nay
Mike Jones Republican Nay
Milou Mackenzie Republican Nay
Mindy Fee Republican Nay
Natalie Mihalek Republican Nay
Parke Wentling Republican Nay
Perry A. Stambaugh Republican Nay
R. Lee James Republican Yea
Rich Irvin Republican Nay
Rob W. Kauffman Republican Nay
Robert Leadbeter Republican Nay
Russ Diamond Republican Nay
Ryan Warner Republican Nay
Shelby Labs Republican Nay
Sheryl M. Delozier Republican Nay
Stephanie Borowicz Republican Nay
Steven C. Mentzer Republican Nay
Thomas H. Kutz Republican Nay
Thomas L. Mehaffie Republican Yea
Tim Twardzik Republican Nay
Timothy J. O'Neal Republican Nay
Timothy R. Bonner Republican Nay
Tina Pickett Republican Nay
Tom Jones Republican Nay
Valerie S. Gaydos Republican Nay
Wendy Fink Republican Nay
Zachary Mako Republican Nay

Official roll call →

A4349

Failed 101 Yea · 100 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 93100
Republican 08501
Unaffiliated 81400
Total 10110001
% of votes cast 50%50%0%0%
How each member voted (202)
Member Party Vote
P. Sturla — Yea
Aaron Kaufer — Nay
Barry Jozwiak — Nay
Dan Miller — Yea
Donna Bullock — Yea
Donna Oberlander — Nay
George Dunbar — Nay
Jim Gregory — Nay
Jim Marshall — Nay
Joshua Siegel — Yea
Kevin Boyle — Yea
Louis Schmitt — Nay
MACKENZIE, R — Nay
Mark Rozzi — Yea
Matthew Gergely — Yea
Mike Cabell — Nay
Paul Schemel — Nay
Robert W. Mercuri — Nay
Seth Grove — Nay
Stephen Kinsey — Yea
Stephenie Scialabba — Nay
Torren Ecker — Nay
Abigail Salisbury Democratic Yea
Aerion Abney Democratic Yea
Amen Brown Democratic Yea
Anita Astorino Kulik Democratic Yea
Anthony A. Bellmon Democratic Yea
Arvind Venkat Democratic Yea
Ben Waxman Democratic Yea
Benjamin V. Sanchez Democratic Yea
Brandon J. Markosek Democratic Yea
Brian Munroe Democratic Yea
Bridget M. Kosierowski Democratic Yea
Carol Hill-Evans Democratic Yea
Carol Kazeem Democratic Yea
Chris Pielli Democratic Yea
Christina D. Sappey Democratic Yea
Christopher M. Rabb Democratic Yea
Dan Frankel Democratic Yea
Dan K. Williams Democratic Yea
Daniel J. Deasy Democratic Yea
Danielle Friel Otten Democratic Yea
Danilo Burgos Democratic Yea
Darisha K. Parker Democratic Yea
Dave Madsen Democratic Yea
David M. Delloso Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Elizabeth Fiedler Democratic Yea
Emily Kinkead Democratic Yea
Frank Burns Democratic Yea
G. Roni Green Democratic Yea
Gina H. Curry Democratic Yea
Greg Scott Democratic Yea
Greg Vitali Democratic Yea
Heather Boyd Democratic Yea
Ismail Smith-Wade-El Democratic Yea
Jared G. Solomon Democratic Yea
Jason Dawkins Democratic Yea
Jeanne McNeill Democratic Yea
Jennifer O'Mara Democratic Yea
Jessica Benham Democratic Nay
Jim Haddock Democratic Yea
Jim Prokopiak Democratic Yea
Joanna E. McClinton Democratic Yea
Joe Ciresi Democratic Yea
Joe McAndrew Democratic Yea
Joe Webster Democratic Yea
Johanny Cepeda-Freytiz Democratic Yea
Jordan A. Harris Democratic Yea
Jose Giral Democratic Yea
Joseph C. Hohenstein Democratic Yea
Justin C. Fleming Democratic Yea
Kristine C. Howard Democratic Yea
Kyle Donahue Democratic Yea
Kyle J. Mullins Democratic Yea
La'Tasha D. Mayes Democratic Yea
Leanne Krueger Democratic Yea
Lindsay Powell Democratic Yea
Lisa A. Borowski Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Mandy Steele Democratic Yea
Manuel Guzman Democratic Yea
Mary Jo Daley Democratic Yea
MaryLouise Isaacson Democratic Yea
Matthew D. Bradford Democratic Yea
Maureen E. Madden Democratic Yea
Melissa Cerrato Democratic Yea
Melissa L. Shusterman Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nancy Guenst Democratic Yea
Napoleon J. Nelson Democratic Yea
Nick Pisciottano Democratic Yea
Pat Gallagher Democratic Yea
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Paul Friel Democratic Yea
Paul Takac Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Regina G. Young Democratic Yea
Rick Krajewski Democratic Yea
Robert E. Merski Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Steven R. Malagari Democratic Yea
Tarah Probst Democratic Yea
Tarik Khan Democratic Yea
Tim Brennan Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Nay
Abby Major Republican Nay
Alec J. Ryncavage Republican Nay
Andrew Kuzma Republican Nay
Ann Flood Republican Nay
Barbara Gleim Republican Nay
Brad Roae Republican Nay
Brett R. Miller Republican Nay
Brian Smith Republican Nay
Bryan Cutler Republican Nay
Bud Cook Republican Nay
Carl Walker Metzgar Republican Nay
Charity Grimm Krupa Republican Nay
Clint Owlett Republican Nay
Craig T. Staats Republican Nay
Craig Williams Republican Nay
Dallas Kephart Republican Nay
Dan Moul Republican Nay
Dane Watro Republican Nay
David H. Rowe Republican Nay
David H. Zimmerman Republican Nay
David M. Maloney Republican Nay
Dawn W. Keefer Republican Nay
Donna Scheuren Republican Nay
Doyle Heffley Republican Nay
Eric Davanzo Republican Nay
Eric R. Nelson Republican Nay
Jack Rader Republican Nay
Jacob D. Banta Republican Nay
James B. Struzzi Republican Nay
Jamie Barton Republican Nay
Jamie L. Flick Republican Nay
Jason Ortitay Republican Nay
Jesse Topper Republican Nay
Jill N. Cooper Republican Nay
Jim Rigby Republican Nay
Joanne Stehr Republican Nay
Joe Emrick Republican Nay
Joe Hamm Republican Nay
Joe Hogan Republican Nay
Joe Kerwin Republican Not Voting
John A. Lawrence Republican Nay
John A. Schlegel Republican Nay
Jonathan Fritz Republican Nay
Joseph D'Orsie Republican Nay
Joshua D. Kail Republican Nay
Kate A. Klunk Republican Nay
Kathleen C. Tomlinson Republican Nay
Kathy L. Rapp Republican Nay
Keith J. Greiner Republican Nay
Kerry A. Benninghoff Republican Nay
Kristin Marcell Republican Nay
Leslie Rossi Republican Nay
Marci Mustello Republican Nay
Mark M. Gillen Republican Nay
Marla Brown Republican Nay
Martin T. Causer Republican Nay
Martina A. White Republican Nay
Michael Stender Republican Nay
Mike Armanini Republican Nay
Mike Jones Republican Nay
Milou Mackenzie Republican Nay
Mindy Fee Republican Nay
Natalie Mihalek Republican Nay
Parke Wentling Republican Nay
Perry A. Stambaugh Republican Nay
R. Lee James Republican Nay
Rich Irvin Republican Nay
Rob W. Kauffman Republican Nay
Robert Leadbeter Republican Nay
Russ Diamond Republican Nay
Ryan Warner Republican Nay
Shelby Labs Republican Nay
Sheryl M. Delozier Republican Nay
Stephanie Borowicz Republican Nay
Steven C. Mentzer Republican Nay
Thomas H. Kutz Republican Nay
Thomas L. Mehaffie Republican Nay
Tim Twardzik Republican Nay
Timothy J. O'Neal Republican Nay
Timothy R. Bonner Republican Nay
Tina Pickett Republican Nay
Tom Jones Republican Nay
Valerie S. Gaydos Republican Nay
Wendy Fink Republican Nay
Zachary Mako Republican Nay

Official roll call →

MOTION TO TABLE AMENDMENTS

Passed 102 Yea · 99 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 94000
Republican 08501
Unaffiliated 81400
Total 1029901
% of votes cast 50%49%0%0%
How each member voted (202)
Member Party Vote
P. Sturla — Yea
Aaron Kaufer — Nay
Barry Jozwiak — Nay
Dan Miller — Yea
Donna Bullock — Yea
Donna Oberlander — Nay
George Dunbar — Nay
Jim Gregory — Nay
Jim Marshall — Nay
Joshua Siegel — Yea
Kevin Boyle — Yea
Louis Schmitt — Nay
MACKENZIE, R — Nay
Mark Rozzi — Yea
Matthew Gergely — Yea
Mike Cabell — Nay
Paul Schemel — Nay
Robert W. Mercuri — Nay
Seth Grove — Nay
Stephen Kinsey — Yea
Stephenie Scialabba — Nay
Torren Ecker — Nay
Abigail Salisbury Democratic Yea
Aerion Abney Democratic Yea
Amen Brown Democratic Yea
Anita Astorino Kulik Democratic Yea
Anthony A. Bellmon Democratic Yea
Arvind Venkat Democratic Yea
Ben Waxman Democratic Yea
Benjamin V. Sanchez Democratic Yea
Brandon J. Markosek Democratic Yea
Brian Munroe Democratic Yea
Bridget M. Kosierowski Democratic Yea
Carol Hill-Evans Democratic Yea
Carol Kazeem Democratic Yea
Chris Pielli Democratic Yea
Christina D. Sappey Democratic Yea
Christopher M. Rabb Democratic Yea
Dan Frankel Democratic Yea
Dan K. Williams Democratic Yea
Daniel J. Deasy Democratic Yea
Danielle Friel Otten Democratic Yea
Danilo Burgos Democratic Yea
Darisha K. Parker Democratic Yea
Dave Madsen Democratic Yea
David M. Delloso Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Elizabeth Fiedler Democratic Yea
Emily Kinkead Democratic Yea
Frank Burns Democratic Yea
G. Roni Green Democratic Yea
Gina H. Curry Democratic Yea
Greg Scott Democratic Yea
Greg Vitali Democratic Yea
Heather Boyd Democratic Yea
Ismail Smith-Wade-El Democratic Yea
Jared G. Solomon Democratic Yea
Jason Dawkins Democratic Yea
Jeanne McNeill Democratic Yea
Jennifer O'Mara Democratic Yea
Jessica Benham Democratic Yea
Jim Haddock Democratic Yea
Jim Prokopiak Democratic Yea
Joanna E. McClinton Democratic Yea
Joe Ciresi Democratic Yea
Joe McAndrew Democratic Yea
Joe Webster Democratic Yea
Johanny Cepeda-Freytiz Democratic Yea
Jordan A. Harris Democratic Yea
Jose Giral Democratic Yea
Joseph C. Hohenstein Democratic Yea
Justin C. Fleming Democratic Yea
Kristine C. Howard Democratic Yea
Kyle Donahue Democratic Yea
Kyle J. Mullins Democratic Yea
La'Tasha D. Mayes Democratic Yea
Leanne Krueger Democratic Yea
Lindsay Powell Democratic Yea
Lisa A. Borowski Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Mandy Steele Democratic Yea
Manuel Guzman Democratic Yea
Mary Jo Daley Democratic Yea
MaryLouise Isaacson Democratic Yea
Matthew D. Bradford Democratic Yea
Maureen E. Madden Democratic Yea
Melissa Cerrato Democratic Yea
Melissa L. Shusterman Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nancy Guenst Democratic Yea
Napoleon J. Nelson Democratic Yea
Nick Pisciottano Democratic Yea
Pat Gallagher Democratic Yea
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Paul Friel Democratic Yea
Paul Takac Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Regina G. Young Democratic Yea
Rick Krajewski Democratic Yea
Robert E. Merski Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Steven R. Malagari Democratic Yea
Tarah Probst Democratic Yea
Tarik Khan Democratic Yea
Tim Brennan Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Nay
Abby Major Republican Nay
Alec J. Ryncavage Republican Nay
Andrew Kuzma Republican Nay
Ann Flood Republican Nay
Barbara Gleim Republican Nay
Brad Roae Republican Nay
Brett R. Miller Republican Nay
Brian Smith Republican Nay
Bryan Cutler Republican Nay
Bud Cook Republican Nay
Carl Walker Metzgar Republican Nay
Charity Grimm Krupa Republican Nay
Clint Owlett Republican Nay
Craig T. Staats Republican Nay
Craig Williams Republican Nay
Dallas Kephart Republican Nay
Dan Moul Republican Nay
Dane Watro Republican Nay
David H. Rowe Republican Nay
David H. Zimmerman Republican Nay
David M. Maloney Republican Nay
Dawn W. Keefer Republican Nay
Donna Scheuren Republican Nay
Doyle Heffley Republican Nay
Eric Davanzo Republican Nay
Eric R. Nelson Republican Nay
Jack Rader Republican Nay
Jacob D. Banta Republican Nay
James B. Struzzi Republican Nay
Jamie Barton Republican Nay
Jamie L. Flick Republican Nay
Jason Ortitay Republican Nay
Jesse Topper Republican Nay
Jill N. Cooper Republican Nay
Jim Rigby Republican Nay
Joanne Stehr Republican Nay
Joe Emrick Republican Nay
Joe Hamm Republican Nay
Joe Hogan Republican Nay
Joe Kerwin Republican Not Voting
John A. Lawrence Republican Nay
John A. Schlegel Republican Nay
Jonathan Fritz Republican Nay
Joseph D'Orsie Republican Nay
Joshua D. Kail Republican Nay
Kate A. Klunk Republican Nay
Kathleen C. Tomlinson Republican Nay
Kathy L. Rapp Republican Nay
Keith J. Greiner Republican Nay
Kerry A. Benninghoff Republican Nay
Kristin Marcell Republican Nay
Leslie Rossi Republican Nay
Marci Mustello Republican Nay
Mark M. Gillen Republican Nay
Marla Brown Republican Nay
Martin T. Causer Republican Nay
Martina A. White Republican Nay
Michael Stender Republican Nay
Mike Armanini Republican Nay
Mike Jones Republican Nay
Milou Mackenzie Republican Nay
Mindy Fee Republican Nay
Natalie Mihalek Republican Nay
Parke Wentling Republican Nay
Perry A. Stambaugh Republican Nay
R. Lee James Republican Nay
Rich Irvin Republican Nay
Rob W. Kauffman Republican Nay
Robert Leadbeter Republican Nay
Russ Diamond Republican Nay
Ryan Warner Republican Nay
Shelby Labs Republican Nay
Sheryl M. Delozier Republican Nay
Stephanie Borowicz Republican Nay
Steven C. Mentzer Republican Nay
Thomas H. Kutz Republican Nay
Thomas L. Mehaffie Republican Nay
Tim Twardzik Republican Nay
Timothy J. O'Neal Republican Nay
Timothy R. Bonner Republican Nay
Tina Pickett Republican Nay
Tom Jones Republican Nay
Valerie S. Gaydos Republican Nay
Wendy Fink Republican Nay
Zachary Mako Republican Nay

Official roll call →

Committee vote (Consumer Protection, Technology & Utilities): Report Bill As Amended

Passed 21 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 3000
Republican 5400
Total 21400
% of votes cast 84%16%0%0%
How each member voted (25)
Member Party Vote
Aaron Kaufer — Yea
Jim Marshall — Yea
Matthew Gergely — Yea
Brandon J. Markosek Democratic Yea
Brian Munroe Democratic Yea
Danilo Burgos Democratic Yea
Joe Ciresi Democratic Yea
Kyle J. Mullins Democratic Yea
Lisa A. Borowski Democratic Yea
Mandy Steele Democratic Yea
MaryLouise Isaacson Democratic Yea
Morgan Cephas Democratic Yea
Nick Pisciottano Democratic Yea
Pat Gallagher Democratic Yea
Robert F. Matzie Democratic Yea
Steven R. Malagari Democratic Yea
Abby Major Republican Nay
Alec J. Ryncavage Republican Nay
Brett R. Miller Republican Yea
Craig Williams Republican Yea
Jason Ortitay Republican Nay
Joe Hogan Republican Nay
Kathleen C. Tomlinson Republican Yea
Natalie Mihalek Republican Yea
Thomas L. Mehaffie Republican Yea

Official roll call →

Committee vote (Consumer Protection, Technology & Utilities): Adopt Amendment

Passed 24 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 3000
Republican 8100
Total 24100
% of votes cast 96%4%0%0%
How each member voted (25)
Member Party Vote
Aaron Kaufer — Yea
Jim Marshall — Yea
Matthew Gergely — Yea
Brandon J. Markosek Democratic Yea
Brian Munroe Democratic Yea
Danilo Burgos Democratic Yea
Joe Ciresi Democratic Yea
Kyle J. Mullins Democratic Yea
Lisa A. Borowski Democratic Yea
Mandy Steele Democratic Yea
MaryLouise Isaacson Democratic Yea
Morgan Cephas Democratic Yea
Nick Pisciottano Democratic Yea
Pat Gallagher Democratic Yea
Robert F. Matzie Democratic Yea
Steven R. Malagari Democratic Yea
Abby Major Republican Yea
Alec J. Ryncavage Republican Nay
Brett R. Miller Republican Yea
Craig Williams Republican Yea
Jason Ortitay Republican Yea
Joe Hogan Republican Yea
Kathleen C. Tomlinson Republican Yea
Natalie Mihalek Republican Yea
Thomas L. Mehaffie Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

Who sponsors HB 2017?
HB 2017 is sponsored by Matthew Gergely, Brian Munroe (Democratic), Kyle Donahue (Democratic), Lisa A. Borowski (Democratic), Tarah Probst (Democratic), Melissa L. Shusterman (Democratic), Johanny Cepeda-Freytiz (Democratic), Paul Friel (Democratic), Maureen E. Madden (Democratic), Mary Jo Daley (Democratic), Ben Waxman (Democratic), Jennifer O'Mara (Democratic), Pat Gallagher (Democratic), Darisha K. Parker (Democratic), Malcolm Kenyatta (Democratic), Carol Hill-Evans (Democratic), Patty Kim (Democratic), Carol Kazeem (Democratic), David M. Delloso (Democratic), and Joseph C. Hohenstein (Democratic).
What is the current status of HB 2017?
This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2017?
Track HB 2017 free on One Click Politics — get push/email alerts when it moves.

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