Arizona Fifty-fifth Legislature - Second Regular Session Status: In Committee

HB 2115 — electronic devices; filters; harmful material

Last action — FAILED

  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 Fifty-fifth Legislature - Second Regular 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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.

Summary

This bill aimed to require filters on electronic devices to block harmful material, like explicit content and online dangers. Unfortunately, it did not pass.

Bill Text

What changed in the latest version

18 added · 148 removed

Plain-language change summary

The amendments to HB 2115 specify that the term "person" now refers specifically to individuals who are at least eighteen years old. This change clarifies the age requirement for the legislation, ensuring that it applies only to adults, which can impact how the laws surrounding personal electronic devices are enforced and who they affect. By being explicit about the age, it aims to better address concerns related to the usage of electronic devices among minors versus adults.

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REFERENCE TITLE:
Fifty-fifth Legislature Judiciary Second Regular Session H.B.
electronic devices;
2115 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
filters;
2115 (Reference to printed bill) Page 2, lines 27 and 33, after "PERSON" insert "WHO IS AT LEAST EIGHTEEN YEARS OF AGE" Page 3, line 12, after "PERSON" insert "WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND" Line 31, after "PERSON" insert "WHO IS AT LEAST EIGHTEEN YEARS OF AGE" Amend title to conform WALTER "WALT" BLACKMAN 2115BLACKMAN.docx 02/08/2022 09:33 AM C:
harmful material State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HB 2115 Introduced by Representatives Udall:
SP Printed By:
John, Toma AN ACT AMENDING TITLE 44, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 29;
ccovey Printed On:
RELATING TO PERSONAL ELECTRONIC DEVICES.
February 08, 2022 09:33 AM
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - HB 2115 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read:
CHAPTER 29 PERSONAL ELECTRONIC DEVICES ARTICLE 1.
GENERAL PROVISIONS 44-7201.
Definitions IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1.
"ACTIVATE" MEANS THE PROCESS OF POWERING ON A DEVICE AND ASSOCIATING IT WITH A NEW USER ACCOUNT.
2.
"DEVICE" MEANS A TABLET OR A SMARTPHONE.
3.
"FILTER" MEANS SOFTWARE THAT IS INSTALLED ON A DEVICE AND THAT IS CAPABLE OF PREVENTING THE DEVICE FROM ACCESSING OR DISPLAYING MATERIAL THAT IS HARMFUL TO MINORS THROUGH THE INTERNET OR ANY APPLICATIONS OWNED AND CONTROLLED BY THE MANUFACTURER AND INSTALLED ON THE DEVICE.
4.
"HARMFUL TO MINORS" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3501.
5.
"INTERNET" MEANS THE GLOBAL INFORMATION SYSTEM THAT IS LOGICALLY LINKED TOGETHER BY A GLOBALLY UNIQUE ADDRESS SPACE BASED ON THE INTERNET PROTOCOL, OR ITS SUBSEQUENT EXTENSIONS, THAT IS ABLE TO SUPPORT COMMUNICATIONS USING THE TRANSMISSION CONTROL PROTOCOL OR INTERNET PROTOCOL SUITE, OR ITS SUBSEQUENT EXTENSIONS, OR OTHER INTERNET PROTOCOL-COMPATIBLE PROTOCOLS, AND THAT PROVIDES, USES OR MAKES ACCESSIBLE, EITHER PUBLICLY OR PRIVATELY, HIGH-LEVEL SERVICES LAYERED ON COMMUNICATIONS AND RELATED INFRASTRUCTURE.
6.
"MANUFACTURER" MEANS A PERSON TO WHOM BOTH OF THE FOLLOWING APPLY:
(a) IS ENGAGED IN THE BUSINESS OF MANUFACTURING A DEVICE.
(b) HAS A STATUTORY AGENT THAT IS DESIGNATED WITH THE CORPORATION COMMISSION PURSUANT TO TITLE 10 OR 29.
7.
"MINOR" MEANS AN INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE AND WHO IS NOT EMANCIPATED, MARRIED OR A MEMBER OF THE UNITED STATES ARMED FORCES.
8.
"SMARTPHONE" MEANS AN ELECTRONIC DEVICE THAT COMBINES A CELLULAR TELEPHONE WITH A HANDHELD COMPUTER AND THAT TYPICALLY OFFERS INTERNET ACCESS, DATA STORAGE, TEXT AND EMAIL CAPABILITIES.
9.
"TABLET" MEANS AN INTERNET-READY DEVICE THAT IS EQUIPPED WITH AN OPERATING SYSTEM, TOUCHSCREEN DISPLAY AND RECHARGEABLE BATTERY AND THAT HAS THE ABILITY TO SUPPORT ACCESS TO A CELLULAR NETWORK.
44-7202.
Filter required A MANUFACTURER SHALL MANUFACTURE A DEVICE THAT, WHEN ACTIVATED IN THIS STATE, AUTOMATICALLY ENABLES A FILTER THAT:
1.
PREVENTS THE USER FROM ACCESSING OR DOWNLOADING MATERIAL THAT IS HARMFUL TO MINORS ON ALL OF THE FOLLOWING:
(a) MOBILE DATA NETWORKS.
- 1 - HB 2115 (b) APPLICATIONS THAT ARE OWNED AND CONTROLLED BY THE MANUFACTURER.
(c) WIRED INTERNET NETWORKS.
(d) WIRELESS INTERNET NETWORKS.
Show all 115 changed rows (75 more)
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2.
NOTIFIES THE USER OF THE DEVICE WHEN THE FILTER BLOCKS THE DEVICE FROM DOWNLOADING AN APPLICATION OR ACCESSING A WEBSITE.
3.
PROVIDES AN OPPORTUNITY TO UNBLOCK A FILTERED APPLICATION OR WEBSITE BY USING A PASSCODE.
4.
REASONABLY PRECLUDES A USER OTHER THAN A USER WITH A PASSCODE THE OPPORTUNITY TO DEACTIVATE, MODIFY OR UNINSTALL THE FILTER.
44-7203.
Manufacturer liability A.
A MANUFACTURER IS SUBJECT TO CIVIL AND CRIMINAL LIABILITY IF ALL OF THE FOLLOWING APPLY:
1.
THE DEVICE IS ACTIVATED IN THIS STATE.
2.
ON ACTIVATION, THE DEVICE DOES NOT ENABLE A FILTER THAT COMPLIES WITH SECTION 44-7202.
3.
A MINOR ACCESSES MATERIAL THAT IS HARMFUL TO MINORS ON THE DEVICE.
B.
FOR THE PURPOSES OF ASSESSING A PENALTY UNDER SECTION 44-7205, A MANUFACTURER IS CONSIDERED TO HAVE COMMITTED A SEPARATE VIOLATION FOR EACH DEVICE.
C.
THIS SECTION DOES NOT APPLY TO A MANUFACTURER THAT MAKES A GOOD FAITH EFFORT TO PROVIDE A DEVICE THAT, ON ACTIVATION OF THE DEVICE IN THIS STATE, AUTOMATICALLY ENABLES A GENERALLY ACCEPTED AND COMMERCIALLY REASONABLE METHOD OF FILTRATION IN ACCORDANCE WITH SECTION 44-7202 AND INDUSTRY STANDARDS.
44-7204.
Individual liability A.
A PERSON IS SUBJECT TO CIVIL LIABILITY FOR ENABLING A PASSCODE TO REMOVE A FILTER ON A DEVICE THAT IS IN THE POSSESSION OF A MINOR IF THE MINOR ACCESSES MATERIAL THAT IS HARMFUL TO MINORS ON THE DEVICE.
B.
THIS SECTION DOES NOT APPLY TO THE MINOR'S PARENT OR LEGAL GUARDIAN.
44-7205.
Enforcement;
attorney general A.
IF THE ATTORNEY GENERAL HAS REASON TO BELIEVE THAT A PERSON HAS VIOLATED OR IS VIOLATING THIS CHAPTER, THE ATTORNEY GENERAL, ACTING IN THE PUBLIC INTEREST, MAY BRING AN ACTION IN THE NAME OF THIS STATE AGAINST THE PERSON TO DO ANY OF THE FOLLOWING:
1.
ENJOIN ANY ACTION THAT CONSTITUTES A VIOLATION OF THIS CHAPTER BY ISSUING A TEMPORARY RESTRAINING ORDER OR PRELIMINARY OR PERMANENT INJUNCTION.
2.
RECOVER A CIVIL PENALTY OF NOT MORE THAN $5,000 PER VIOLATION, NOT TO EXCEED A TOTAL OF $50,000.
3.
RECOVER THE ATTORNEY GENERAL'S REASONABLE EXPENSES, INVESTIGATIVE COSTS AND ATTORNEY FEES.
4.
OBTAIN OTHER APPROPRIATE RELIEF AS PROVIDED FOR UNDER THIS CHAPTER.
- 2 - HB 2115 B.
THE ATTORNEY GENERAL MAY ISSUE SUBPOENAS TO ANY PERSON AND CONDUCT HEARINGS IN ANY INVESTIGATION OR INQUIRY RELATED TO A POSSIBLE VIOLATION OF THIS CHAPTER.
C.
THE ATTORNEY GENERAL MAY SEEK THE REVOCATION OF ANY LICENSE OR CERTIFICATE AUTHORIZING A MANUFACTURER TO ENGAGE IN BUSINESS IN THIS STATE.
44-7206.
Civil action;
parent or legal guardian;
relief A.
A PARENT OR LEGAL GUARDIAN OF A MINOR WHO ACCESSES MATERIAL THAT IS HARMFUL TO MINORS IN VIOLATION OF SECTION 44-7202 MAY BRING A PRIVATE CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION AGAINST:
1.
A MANUFACTURER THAT FAILS TO COMPLY WITH SECTION 44-7202.
2.
A PERSON WHO ENABLES A PASSCODE TO REMOVE A FILTER FROM A DEVICE IN THE MINOR'S POSSESSION THAT RESULTS IN THE MINOR'S EXPOSURE TO MATERIAL THAT IS HARMFUL TO MINORS.
B.
THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO BRINGS AN ACTION UNDER THIS SECTION MAY RECOVER:
1.
ACTUAL DAMAGES OR, IN THE COURT'S DISCRETION WHERE ACTUAL DAMAGES ARE DIFFICULT TO ASCERTAIN DUE TO THE NATURE OF THE INJURY, LIQUIDATED DAMAGES IN THE AMOUNT OF $50,000 FOR EACH VIOLATION.
2.
PUNITIVE DAMAGES IN AN AMOUNT DETERMINED BY THE COURT, IF THE COURT FINDS THE VIOLATION IS KNOWING AND WILFUL.
3.
NOMINAL DAMAGES.
4.
ANY OTHER RELIEF AS THE COURT DEEMS APPROPRIATE, INCLUDING COURT COSTS AND EXPENSES.
5.
ATTORNEY FEES.
C.
THIS SECTION DOES NOT PRECLUDE A CLASS ACTION LAWSUIT AGAINST A MANUFACTURER THAT KNOWINGLY AND WILFULLY VIOLATES SECTION 44-7202.
44-7207.
Unlawful filter removal;
violation;
classification;
penalty A.
EXCEPT FOR THE MINOR'S PARENT OR LEGAL GUARDIAN, IT IS UNLAWFUL FOR A PERSON TO ENABLE A PASSCODE TO REMOVE THE FILTER ON A DEVICE IN THE POSSESSION OF A MINOR.
B.
A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO A FINE OF NOT MORE THAN $5,000, EXCEPT THAT FOR A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION THE PERSON IS GUILTY OF A CLASS 6 FELONY AND IS SUBJECT TO A FINE OF NOT MORE THAN $50,000.
Sec.
2.
Effective date This act is effective from and after December 31, 2022.
- 3 -
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Action History

  1. FAILED

  2. House Second Reading

  3. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 90 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (90)

90 members have not signed on to this bill.

Show all 90 →

"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

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2115 do?
This bill aimed to require filters on electronic devices to block harmful material, like explicit content and online dangers. Unfortunately, it did not pass.
Who sponsors HB 2115?
HB 2115 is sponsored by Michelle Udall, Joel John, and Ben Toma.
What is the current status of HB 2115?
This bill died with Fifty-fifth Legislature - Second Regular 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 2115?
Track HB 2115 free on One Click Politics — get push/email alerts when it moves.

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