HB 2124 — online content; publishers; liability

HB2124 - 542R - IH-Technology Ver-  Strike Everything-Proposed   PREFILED   Fifty-fourth JANLegislature                                               09Technology 2020Second REFERENCERegular TITLE:Session                                                  H.B.

online  content;PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

publishers;2124 (Reference to printed bill)       Strike everything after the enacting clause and insert:

liability"Section 1.  Section  16-101,       State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session       HB 2124   Introduced by Representative Thorpe     AN ACT   amending Title 18, chapter 5, article 3, Arizona Revised Statutes, byis addingamended sectionto 18-545;read:

relatingSTART_STATUTE16-101.  Qualifications toof internetregistrant; representations.

 definition  A.  Every (TEXTresident OFof BILLthe BEGINSthis ONstate NEXTis PAGE)qualified  to Beregister itto enactedvote byif thehe Legislature of the Stateresident: of Arizona:

Section 1.  Title1.  Is 18,a chaptercitizen 5,of articlethe 3,United ArizonaStates. Revised Statutes, is amended by adding section 18-545, to read:

START_STATUTE18-545.  Publishers;2.  Will be eighteen years of age or more on or before the date of the regular general election next following his the resident's registration.

access3.  Will tohave onlinebeen content;a resident of the this state twenty‑nine days next preceding the election, except as provided in section 16‑126.

liability;4.  Is able to write his the resident's name or make his the resident's mark, unless prevented from so doing by physical disability.

definitions5.  Has A.  Anot personbeen thatconvicted is engaged in the business of allowingtreason online users to upload publicly accessible content on the internet, other than pornographic or libelousa content,felony, andunless thatrestored edits, deletes or makes it difficult or impossible for online users to locatecivil andrights. access the uploaded content in an easy or timely manner for politically biased reasons is:

1.  Deemed6.  Has tonot bebeen aadjudicated publisher.an incapacitated person as defined in section 14‑5101.

2.  DeemedB.  For the purposes of this title, "resident" means an individual who has actual physical presence in this state, or for purposes of a political subdivision actual physical presence in the political subdivision, combined with an intent to remain.  A temporary absence does not result in a loss of residence if the individual has an intent to return following his the individual's absence.  An individual has only one residence for the purposes of this title.  NOTWITHSTANDING any other law, the FOLLOWING may not be used for determining residency for voter registration purposes and are deemed to be EVIDENCE of a platform.temporary address with intent to return to some other permanent address:

3.  Liable1.  A fordormitory damagesaddress suffered by an online user because of the person's actions, including damages for violations of rights guaranteed to the online user by the federal or stateother constitution. temporary Thecollege attorney general or theuniversity onlineaddress. user who claims to have suffered the damages may bring an action to recover the damages.

B.  For2.  Any address within this state at which the purposesindividual does not intend to reside for twelve months of thiseach section:year." END_STATUTE Amend title to conform     BOB THORPE     2124THORPE2 02/17/2020 04:47 PM H:

1.  "Platform"PRB/ls means  a  person that enables the content and distribution of information on the internet.

2.  "Publisher" means a person that curates and distributes content on the internet.

END_STATUTE