HB 84 — Enact the Innocence Act

As ReportedPassed by the House Technology and Innovation Committee 136th General Assembly Regular Session Sub.

Representatives Bird, Brennan, Claggett, Click, Dean, Fowler Arthur, Gross, Hiner, Holmes, Hoops, John, Johnson, King, Klopfenstein, McClain, Miller, K., Newman, Peterson, Richardson, Robb Blasdel, Salvo, Schmidt, Sigrist, Stewart, Thomas, C., Willis, Workman, Young, Hall, T., Mathews, T., Miller, M.M., Barhorst, Creech, Daniels, Deeter, Dovilla, Fischer, Ghanbari, Hall, D., Isaacsohn, Lampton, Lear, Lorenz, Manning, Mathews, A., Mullins, Oelslager, Plummer, Ray, Swearingen, Synenberg, White, A.

Up to twenty-five per cent of all amounts 13 collected by the attorney general from civil penalties as 14 described in section 1349.101 of the Revised Code shall be paid 15 intoSub. the state treasury to the credit of the innocence act 16 enforcement fund.

17 Sub.

84 Page 2 As ReportedPassed by the House Technologyinto andthe Innovationstate Committeetreasury Sec.to the credit of the innocence act 16 enforcement fund.

17 Sec.

42 (a) A commercial establishment that, for any form of 43 consideration, has as a significant or substantial portion of 44 Sub.

84 Page 3 As ReportedPassed by the House Technology(a) andA Innovationcommercial Committeeestablishment that, for any form of 43 consideration, has as a significant or substantial portion of 44 its stock-in-trade in, derives a significant or substantial 45 portion of its revenues from, devotes a significant or 46 substantial portion of its content or advertising to, or 47 maintains a substantial section of its sales or online content 48 display space for the sale, rental, or viewing of materials that 49 are obscene or harmful to juveniles;

69 (a) Verifying that the person attempting to access the 70 material or performance that is obscene or harmful to juveniles 71 is eighteen years of age or older through the use of a 72 commercial age verification system that uses photo 73 identification, visual age verification software, or public or 74 Sub.

84 Page 4 As ReportedPassed by the House Technologycommercial andage Innovationverification Committeesystem that uses photo 73 identification, visual age verification software, or public or 74 private transactional data to verify the person's age;

98 (2) Verify that any person creating an account or 99 subscription to access any material or performance that is 100 obsceneSub. or harmful to juveniles is eighteen years of age or 101 older through reasonable age verification methods.

The 102 Sub.

84 Page 5 As ReportedPassed by the House Technologyobscene andor Innovationharmful Committeeto organizationjuveniles shallis reverifyeighteen theyears of age ofor the101 personolder everythrough tworeasonable 103age yearsverification thereafter.methods.

The 102 organization shall reverify the age of the person every two 103 years thereafter.

128 (C)(1)(a) Except as otherwise provided in division (C)(1) 129 (b) of this section, an organization that sells, delivers, 130 furnishes, disseminates, provides, exhibits, or presents any 131 Sub.

84 Page 6 As ReportedPassed by the House Technology(b) andof Innovationthis Committeesection, an organization that sells, delivers, 130 furnishes, disseminates, provides, exhibits, or presents any 131 material or performance that is obscene or harmful to juveniles 132 on the internet and verifies the age of the person creating an 133 account or subscription to access the material or performance 134 that is obscene or harmful to juveniles on the internet shall do 135 the following:

158 (a)Sub. Immediately delete all information gathered for the 159 purpose of age verification after age verification is completed;

160 Sub.

84 Page 7 As ReportedPassed by the House Technology(a) andImmediately Innovationdelete Committeeall (b)information Developgathered andfor maintainthe a159 datapurpose privacyof policyage compliantverification 161after withage federalverification and state law and maintain data in a manner that is 162completed; reasonably secure.

160 (b) Develop and maintain a data privacy policy compliant 161 with federal and state law and maintain data in a manner that is 162 reasonably secure.

188 (1) A person who, while employed or contracted by a 189 newspaper, magazine, press association, news agency, news wire 190 Sub.

84 Page 8 As ReportedPassed by the House Technology(1) andA Innovationperson Committeewho, while employed or contracted by a 189 newspaper, magazine, press association, news agency, news wire 190 service, radio or television station, or similar media, is 191 gathering, processing, transmitting, compiling, editing, or 192 disseminating information for the general public;

215 The organization shall include in the motion a statement 216 describing good cause for the requested extension, modification, 217 Sub.

84 Page 9 As ReportedPassed by the House TechnologyThe andorganization Innovationshall Committeeinclude in the motion a statement 216 describing good cause for the requested extension, modification, 217 or quashing of the subpoena.

244 (2) Before initiating such an enforcement action, the 245 attorney general shall provide written notice to the 246 Sub.

84 Page 10 As ReportedPassed by the House Technology(2) andBefore Innovationinitiating Committeesuch an enforcement action, the 245 attorney general shall provide written notice to the 246 organization identifying and explaining the basis for each 247 instance of alleged violation.

268 (a) Fails to timely respond or continues to fail to comply 269 with the requirements under divisions division (B)(1) or , (2), 270 (3)(a), (b), or (c), or (4) or (C)(1) or , (2), or (3), or (4) 271 of section 1349.10 of the Revised Code after receiving the 272 notice, the attorney general may initiate the enforcement action 273 andSub. seek injunctive relief.

274 (b) Fails to cure all violations within the forty-five-day 275 Sub.

84 Page 11 As ReportedPassed by the House Technology and Innovationseek Committeeinjunctive periodrelief. described in division (C) of this section.

274 (b) Fails to cure all violations within the forty-five-day 275 period described in division (C) of this section.

Notwithstanding division (C) of this section, if an 298 organization commits a subsequent violation of the same type 299 after reporting that the initial violation is cured, the 300 attorney general may bring a civil action at any time after 301 sending notice of the violation under division (A) of this 302 section.Sub.

303 (E) Nothing in this section shall be construed to provide 304 Sub.

84 Page 12 As ReportedPassed by the House Technologysection. and Innovation Committee a private right of action.

303 (E) Nothing in this section shall be construed to provide 304 a private right of action.