Struck = removed from the bill ยท
added = the amendment's new text.
7N3K22-1 05/17/2023 CMH (L) bm 2023-2095 SUB HB441 INTRODUCEDJUDICIARY RUWWNY-1SUBSTITUTE ByTO RepresentativesHB441 Robbins,OFFERED Kiel,BY StadthagenREPRESENTATIVE RFD:ROBBINS 2 4 SYNOPSIS:
Judiciary First Read:
09-May-23 2023 Regular Session Page 0 RUWWNY-1 05/04/2023 CMH (L) bm 2023-639 2 4 SYNOPSIS:
This bill would require distributors of material harmful to minors to take certain reasonable measures to ensure their published material is not distributed to minor children by use of age-verification procedures.procedures and would provide penalties for violations.
This bill would prohibit a distributor of material harmful to minors which performs any required online age verification from retaining any personally identifying information of the individual accessing the material and would provide penalties for a violation.
This bill would also provide penalties for violations.
Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of Page 1 local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:
or the Legislature appropriates funds, or Page 1 HB441 INTRODUCED provides a local source of revenue, to the entity for the purpose.
to requireprovide aregistration licenseand forage-verification therequirements; distribution of material harmful to minors;
and to provideprohibit civilthe andretention criminalof penaltiescertain forpersonally violations;identifying information;
andto inprovide connectioncivil therewithand wouldcriminal havepenalties asfor itsviolations; purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
and in connection therewith would have as its Page 2 purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Page 2 HB441 INTRODUCED (1) The pervasive use of pornography is creating a public health crisis.
As used in this act, the following terms Page 3 have the following meanings:
(1) COMMERCIALACTIVATE. ENTITY.
The process of powering on a device and associating the device with a new user account.
(2) COMMERCIAL ENTITY.
(2)(3) DISTRIBUTE.
To issue, sell, give, provide, deliver, Page 3 HB441 INTRODUCED transfer, circulate, or disseminate online.
(3)(4) DIVISION.
(4)(5) HARMFULFILTER. TO MINORS.
Software installed on a device that is capable of preventing the device from accessing or displaying material that is harmful to minors through browsers or search engines.
(6) HARMFUL TO MINORS.
(5)(7) MINOR.
(6)(8) NEWS-GATHERING ORGANIZATION.
95 b.
(7)(9) PUBLISH.
(8)(10) REASONABLE AGEAGE-VERIFICATION VERIFICATION METHODS.
Verifying Page 4 that the individual seeking to access the material is 18 years of age or older by requiring the person attempting to access the material to comply with a commercial ageage-verification verification system that verifies age in oneany commercially reasonable method that relies on public or moreprivate transactional data to verify the age of the followingindividual ways:attempting to access the information is at least 18 years of age or older.
a.(11) SMART PHONE.
Government-issuedAn identification.electronic device that combines a cellular phone with a handheld computer, typically offering Internet access through a browser or search engine, data storage, and text and email capabilities.
b.(12) SUBSTANTIAL PORTION.
Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the information is at least 18 years of age or older.
(9) SUBSTANTIAL PORTION.
(10)(13) TRANSACTIONALTABLET. DATA.
A sequencemobile ofdevice information that Pageis 4equipped HB441with INTRODUCEDa documentsmobile anoperating exchange,system, agreement,touchscreen ordisplay, transferand betweenrechargeable anbattery, individual,and commercialthat entity,has orability thirdto partysupport usedwireless foraccess to the purposeInternet. of satisfying a request or event.
(14) TRANSACTIONAL DATA.
A sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event.
(a) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to a minor on the Internet from a website that contains a substantial portion of material harmful to minors shall be held liable if the entity fails to perform reasonable ageage- Page 5 verification methods to verify the age of individuals attempting to access the material.
(a) Any commercial entity or third party that performs the required ageage-verification verificationunder this act shall not retain any personally identifying information toof the individual after access has been granted to the material.
Nothing in this act shall apply to a bona Page 5 HB441 INTRODUCED fide broadcast, website video, report, or event of a news-gathering organization and shall not be construed to affect the rights of any news-gathering organization.
No Internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated this act solely for providing access or connection to or from a website or other information or content on the Internet or a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, or access Page 6 software to the extent the provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
(a) A commercial entity shalldescribed not publish online or allow access on a website to material that is harmful to minors in thisSection state3(a) onlyshall bydo satisfying both of the followingfollowing: conditions:
(1) TheRegister person registers with the division and payspay to the division a one-time registration fee and an annual license fee each year thereafter.
(2) TheCertify personto certifiesthe meetingdivision that the agecommercial verificationentity meets the age-verification requirements of Section 3.
(b) Any fees collected under this section shall be deposited as follows and shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96, Code of Alabama 1975, and Sections 41-19-1 through 41-19-12, Code of Alabama 1975, but shall not be limited by the fiscal year Page 6 HB441 INTRODUCED appropriation cap:
(a) Any person whothat engages in any act or practicespractice that violateviolates Section 3 or Section 4 shall be liable for a civil penalty of up to two thousand dollars ($2,000) for Page 7 each violation.
(1) Civil action against the person engaging in the violativeviolation. act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person engaging in the violativeviolation act or practice and the director of the division by authority of the Attorney General, and by payment of any agreed upon amount by the person against whom the claim was filed.
(a) If the Attorney General has reason to believe that a person has engaged in, or is engaging in, a practice that violates thisSection act,3 or Section 4, he or she may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence.
Page 7 HB441 INTRODUCED (b) The Attorney General may apply for an emergency injunction or other necessary relief to enjoin any violation of Section 3 or Section 4 until the violation is cured.
(a) In any civil action or investigation involving a violation of thisSection act,3 or Section 4, except as provided in subsection (b), the Office of the Attorney General shall receive reasonable attorney fees and costs from the nonprevailing party.
(b) In any civil litigation initiated by the division resulting in a judgment or administrative order, the court may award to the prevailing party reasonable attorney fees and costs if the court finds that there was a complete absence of Page 8 a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.
(a)In Anaddition individualto shallany haveother apenalty, privateany causeviolation of action against a person who violates Section 3 if the individual is a parent or guardianSection of4 ashall minorbe and,considered as a resultviolation of the violationDeceptive ofTrade SectionPractices 3,Act, theChapter minor19, accessedTitle obscene8, materialCode orof materialAlabama harmful1975. to minors.
(b) In addition to any other penalties or remedies provided under law, the individual may recover compensatory damages, actual costs, court costs, and attorney fees.
(c) Any violation of this act shall also be considered a violation of the Deceptive Trade Practices Act, Chapter 19, Page 8 HB441 INTRODUCED Title 8, Code of Alabama 1975.
AlthoughThe thisprovisions bill would have as its purpose or effect the requirement of athis newact orare increasedseverable. expenditure of local funds, the bill is excluded from further requirements and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.
If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.
Section 14.