North Carolina 2021-2022 Session Status: In Committee Bipartisan · 6 R · 1 D cosponsors

HB 494 — Digital Interference Censorship Act.

Last action — Passed 1st Reading

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

This bill died with 2021-2022 Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

16 added · 14 removed

Plain-language change summary

The latest version of House Bill 494 adds new language clarifying the requirements for identifying a resident of North Carolina, specifically mentioning their billing address. Additionally, it establishes that people can take legal action only if the Attorney General does not address their complaint. This change is important because it provides clearer guidelines on who is considered a resident for legal protections and sets a framework for individuals to seek remedies if their concerns are ignored.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 494 Short Title:
494 Apr 5, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40307-MQ-129 Short Title:
Representative McNeely.
Representatives McNeely, Johnson, Kidwell, and Tyson (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO ENACT THE NORTH CAROLINA DIGITAL INTERFERENCE CENSORSHIP ACT.
Commerce, if favorable, Judiciary3,if favorable, Rules,Calendar, andOperations of the House April 12, 2021 A BILL TO BE ENTITLED AN ACT TO ENACT THE NORTH CAROLINA DIGITAL INTERFERENCE CENSORSHIP ACT.
Chapter 75 of the General Statutes is amended by adding a new Article to read:
Chapter 75 of the General Statutes is amended byadding a new Article to read:
The term includes a digital application platform provided or used only for a certain type of device, including a certain grade of computing device, a device made only by a particular manufacturer, or a device running a particular operating system.
The term includes a digital application platform provided or used onlyfor a certain type of device, including a certain grade of computing device, a device made only by a particular manufacturer, or a device running a particular operating system.
*DRH40307-MQ-129* General Assembly Of North Carolina Session 2021 (6) Provider.
*H494-v-1* General Assembly Of North Carolina Session 2021 (6) Provider.
– A person whose last known billing address, otherthan an Armed Forces post office or fleet post office address, is located within this State, as shown in the records of a provider of a digital application distribution platform.
– A person whose last known billing address, other than an Armed Forces post office or fleet post office address, is located within this State, as shown in the records of a provider of a digital application distribution platform.
(b) In an action in Superior Court brought pursuant to this Article, the court may award a prevailing plaintiff reasonable attorneys' fees if the court finds the defendant willfully engaged in the act or practice in violation of this Article, and the court may award reasonable attorneys' Page 2 DRH40307-MQ-129 General Assembly Of North Carolina Session 2021 fees to a prevailing defendant if the court finds that the plaintiff knew, or should have known, that the action was frivolous and malicious.
(b) In an action in Superior Court brought pursuant to this Article, the court may award a prevailing plaintiff reasonable attorneys' fees if the court finds the defendant willfully engaged in the act or practice in violation of this Article, and the court may award reasonable attorneys' Page 2 House Bill 494-First Edition General Assembly Of North Carolina Session 2021 fees to a prevailing defendant if the court finds that the plaintiff knew, or should have known, that the action was frivolous and malicious.
(f) A private right of action is created under this Article only if the Attorney General fails to enforce this Article as provided by G.S.
(f) A private right of action is created under this Article onlyif the AttorneyGeneral fails to enforce this Article as provided by G.S.
DRH40307-MQ-129 Page 3
House Bill 494-First Edition Page 3
View plain text versions (2)

Action History

  1. Passed 1st Reading

  2. Ref to the Com on Commerce, if favorable, Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 5 co-sponsors · 171 not signed on

Sponsors (3)

Co-sponsors (5)

Not signed on (171)

171 members have not signed on to this bill.

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"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

Subjects

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Frequently asked questions

Who sponsors HB 494?
HB 494 is sponsored by Jeffrey C. McNeely (Republican), Keith Kidwell (Republican), Steve Tyson (Republican), Cleveland, Phil Shepard (Republican), Dante Pittman (Democratic), Mike Clampitt (Republican), and Jake Johnson (Republican).
What is the current status of HB 494?
This bill died with 2021-2022 Session. It reached “In Committee” 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 494?
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Last checked for changes 3 months ago · updated continuously

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