Arizona 57th Legislature - Second Regular Session Status: Passed House 1 R cosponsors

HB 2991 — social media; online content; minors

Last action — DPA

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

This bill died with 57th Legislature - Second Regular Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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.

In plain language

The bill addresses online content and social media access for minors.

This bill focuses on regulating social media use and online content specifically for minors. It aims to ensure safer online environments for young users.

What this means for you
  • Families: This means families may see changes in the way children interact with social media and online content.

Bill Text

What changed in the latest version

162 added · 292 removed

Plain-language change summary

The latest version of Bill HB 2991 adds a new chapter to the Arizona Revised Statutes specifically focusing on protecting minors' access to technology content, particularly on social media platforms. This chapter defines key terms related to minors and social media, such as "account holder" and "infinite scrolling." The prior version included provisions for a grant fund aimed at supporting online safety programs but these have been removed. This change highlights a shift in focus towards defining protections for minors without establishing funding mechanisms, which could impact the resources available for educational outreach on safe technology use.

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Senate Engrossed House Bill social media;
House Engrossed social media;
minors (now:
minors State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session HOUSE BILL 2991 AN ACT AMENDING TITLE 44, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 42;
social media;
age verificaton;
minors) State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session HOUSE BILL 2991 AN ACT AMENDING TITLE 41, CHAPTER 1, ARTICLE 5, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-191.14;
AMENDING TITLE 44, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 42;
Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-191.14, to read:
41-191.14.
Technology protection for minors grant fund;
exemption;
grants;
quarterly reports A.
THE TECHNOLOGY PROTECTION FOR MINORS GRANT FUND IS ESTABLISHED CONSISTING OF MONIES FROM CIVIL PENALTIES, ATTORNEY FEES AND LITIGATION COSTS THAT ARE RECOVERED BY THE ATTORNEY GENERAL PURSUANT TO SECTION 44-8045.
THE ATTORNEY GENERAL SHALL ADMINISTER THE FUND.
MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.
B.
MONIES IN THE FUND MAY NOT BE TRANSFERRED TO OR OTHERWISE MADE AVAILABLE TO ANY OTHER STATE FUND OR ACCOUNT AND MAY NOT BE USED FOR OPERATING EXPENSES OF THE ATTORNEY GENERAL'S OFFICE OR STAFF SALARIES.
C.
THE ATTORNEY GENERAL SHALL USE THE MONIES IN THE FUND SOLELY TO AWARD GRANTS TO NONPROFIT ORGANIZATIONS FOR THE FOLLOWING:
1.
OUTREACH PROGRAMS THAT PROVIDE EDUCATION TO PARENTS, GUARDIANS AND MINORS ABOUT ONLINE SAFETY, DIGITAL LITERACY AND THE EFFECTS OF SOCIAL MEDIA ON THE MENTAL HEALTH OF MINORS.
2.
PROGRAMS THAT PROVIDE RESOURCES OR SERVICES TO MINORS WHO HAVE EXPERIENCED HARM AS A RESULT OF VIOLATIONS OF TITLE 44, CHAPTER 42.
3.
RESEARCH ON THE EFFECTS OF SOCIAL MEDIA ON THE MENTAL AND PHYSICAL HEALTH OF MINORS.
4.
LAW ENFORCEMENT PROGRAMS THAT INVESTIGATE VIOLATIONS OF TITLE 44, CHAPTER 42 AND TECHNOLOGY-FACILITATED HARM TO MINORS.
5.
PROGRAMS THAT PROVIDE MENTAL HEALTH COUNSELING, TREATMENT OR SUPPORT SERVICES TO MINORS WHO HAVE EXPERIENCED PSYCHOLOGICAL OR EMOTIONAL HARM AS A RESULT OF USING SOCIAL MEDIA AND VIOLATIONS OF TITLE 44, CHAPTER 42.
6.
PROGRAMS THAT PROVIDE PREVENTION EDUCATION, VICTIM SERVICES OR LAW ENFORCEMENT SUPPORT RELATED TO HUMAN TRAFFICKING OR SEXUAL EXPLOITATION OF MINORS FACILITATED THROUGH SOCIAL MEDIA PLATFORMS.
D.
THE ATTORNEY GENERAL SHALL ESTABLISH GRANT ELIGIBILITY CRITERIA, APPLICATION PROCEDURES AND REPORTING REQUIREMENTS FOR RECIPIENTS OF GRANTS AWARDED PURSUANT TO THIS SECTION SUBJECT TO JOINT LEGISLATIVE BUDGET COMMITTEE APPROVAL.
E.
ON OR BEFORE JANUARY 15, APRIL 15, JULY 15 AND OCTOBER 15 OF EACH YEAR, THE ATTORNEY GENERAL SHALL COMPILE A REPORT THAT INCLUDES AN ACCOUNTING OF ALL THE MONIES SPENT FROM THE FUND, INCLUDING:
1.
RECEIPTS.
2.
DISBURSEMENTS.
3.
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THE CURRENT BALANCE OF THE FUND.
4.
THE NAME OF EACH GRANT RECIPIENT.
5.
THE AMOUNT AWARDED TO EACH GRANT RECIPIENT.
6.
THE PURPOSE FOR EACH GRANT AWARDED.
- 1 - H.B.
2991 F.
THE ATTORNEY GENERAL SHALL SUBMIT THE REPORTS COMPILED PURSUANT TO SUBSECTION E OF THIS SECTION TO ALL OF THE FOLLOWING:
1.
THE GOVERNOR.
2.
THE PRESIDENT OF THE SENATE.
3.
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
4.
THE MINORITY LEADER OF THE SENATE.
5.
THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
6.
THE DIRECTOR OF THE JOINT LEGISLATIVE BUDGET COMMITTEE.
7.
THE SECRETARY OF STATE.
Sec.
2.
CHAPTER 42 TECHNOLOGY CONTENT ARTICLE 1.
CHAPTER 42 TECHNOLOGY CONTENT PROTECTION FOR MINORS ARTICLE 1.
Definitions IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:
Definitions IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
"APPLICATION" MEANS A SOFTWARE APPLICATION OR ELECTRONIC SERVICE THAT A USER MAY RUN OR DIRECT ON A COMPUTER, A MOBILE DEVICE OR ANY OTHER GENERAL PURPOSE COMPUTING DEVICE.
"ACCOUNT HOLDER" MEANS A RESIDENT WHO OPENS AN ACCOUNT OR CREATES A PROFILE OR WHO IS IDENTIFIED BY A SOCIAL MEDIA PLATFORM BY A UNIQUE IDENTIFIER WHILE USING OR ACCESSING THE SOCIAL MEDIA PLATFORM WHEN THE SOCIAL MEDIA PLATFORM KNOWS OR HAS REASON TO BELIEVE THE RESIDENT IS LOCATED IN THIS STATE.
"APPLICATION STORE" MEANS A PUBLICLY AVAILABLE WEBSITE, SOFTWARE APPLICATION, ELECTRONIC SERVICE OR PLATFORM THAT DISTRIBUTES AND FACILITATES THE DOWNLOAD OF APPLICATIONS FROM THIRD-PARTY DEVELOPERS TO USERS OF A COMPUTER, A MOBILE DEVICE OR ANY OTHER GENERAL PURPOSE COMPUTING DEVICE.
3.
"CHILD" MEANS AN INDIVIDUAL WHO IS UNDER SIXTEEN YEARS OF AGE.
4.
"COMMERCIAL ENTITY" INCLUDES A CORPORATION, A LIMITED LIABILITY COMPANY, A PARTNERSHIP, A LIMITED PARTNERSHIP, A SOLE PROPRIETORSHIP AND ANY OTHER LEGALLY RECOGNIZED ENTITY.
5.
"COVERED COMPANY":
(a) MEANS A PERSON THAT OWNS, CONTROLS OR OPERATES AN APPLICATION STORE OR OPERATING SYSTEM THAT SERVICES CUSTOMERS IN THIS STATE.
(b) DOES NOT INCLUDE A TELECOMMUNICATIONS CARRIER OR BROADBAND PROVIDER THAT SOLELY PROVIDES INTERNET ACCESS OR TRANSMISSION SERVICES WITHOUT CONTROL OVER APPLICATION DISTRIBUTION OR OPERATING SYSTEM FUNCTIONALITY.
6.
(b) THE PREVIOUS ONE-MONTH PERIOD IF THE SOCIAL MEDIA PLATFORM DID NOT EXIST DURING THE PREVIOUS TWELVE-MONTH PERIOD.
(b) THE PREVIOUS ONE MONTH PERIOD IF THE SOCIAL MEDIA PLATFORM DID NOT EXIST DURING THE PREVIOUS TWELVE-MONTH PERIOD.
7.
3.
"DEVELOPER" MEANS A PERSON THAT CREATES, OWNS OR CONTROLS A PUBLIC-FACING WEBSITE, ONLINE SERVICE, ONLINE APPLICATION OR MOBILE APPLICATION.
- 2 - H.B.
2991 8.
"DISTRIBUTE" MEANS TO ISSUE, SELL, GIVE, PROVIDE, DELIVER, TRANSFER, TRANSMIT, CIRCULATE OR DISSEMINATE BY ANY MEANS.
9.
10.
4.
"OPERATING SYSTEM" MEANS AN ENTITY THAT DEVELOPS, MAINTAINS OR DISTRIBUTES AN OPERATING SYSTEM ON A COMPUTER, A MOBILE DEVICE OR ANY OTHER GENERAL PURPOSE COMPUTING DEVICE.
"RESIDENT" MEANS A PERSON WHO LIVES IN THIS STATE FOR MORE THAN SIX MONTHS OF THE YEAR.
11.
5.
"PERSONALIZED RECOMMENDATION SYSTEM":
(a) MEANS A FULLY OR PARTIALLY AUTOMATED SYSTEM USED TO SUGGEST, PROMOTE OR RANK A FEED OF USER-GENERATED CONTENT BASED ON THE USER'S ACTIVITY ON THE COVERED SOCIAL MEDIA PLATFORM.
(b) DOES NOT INCLUDE A RECOMMENDATION SYSTEM THAT SUGGESTS, PROMOTES OR RANKS CONTENT BASED SOLELY ON THE USER'S LANGUAGE, CITY OR TOWN OR AGE.
12.
(a) MEANS AN ONLINE FORUM, WEBSITE OR APPLICATION THAT SATISFIES ALL OF THE FOLLOWING CRITERIA:
(a) MEANS AN ONLINE FORUM, WEBSITE OR APPLICATION THAT SATISFIES EACH OF THE FOLLOWING CRITERIA:
(ii) HAS AT LEAST TEN PERCENT OF DAILY ACTIVE USERS WHO ARE UNDER SIXTEEN YEARS OF AGE AND WHO ON AVERAGE SPENT AT LEAST TWO HOURS PER DAY ON THE ONLINE FORUM, WEBSITE OR APPLICATION DURING THE PREVIOUS TWELVE MONTHS OR IF THE ONLINE FORUM, WEBSITE OR APPLICATION DID NOT EXIST DURING THE PREVIOUS TWELVE MONTHS, DURING THE PREVIOUS ONE-MONTH PERIOD.
(ii) TEN PERCENT OR MORE OF THE DAILY ACTIVE USERS WHO ARE LESS THAN SIXTEEN YEARS OF AGE SPENT ON AVERAGE AT LEAST TWO HOURS PER DAY ON THE ONLINE FORUM, WEBSITE OR APPLICATION ON THE DAYS WHEN USING THE ONLINE FORUM, WEBSITE OR APPLICATION DURING THE PREVIOUS TWELVE MONTHS OR, IF THE ONLINE FORUM, WEBSITE OR APPLICATION DID NOT EXIST DURING THE PREVIOUS TWELVE MONTHS, DURING THE PREVIOUS ONE-MONTH PERIOD.
(iii) USES ALGORITHMS THAT ANALYZE USER DATA OR INFORMATION ON USERS TO SELECT CONTENT FOR USERS.
(iii) EMPLOYS ALGORITHMS THAT ANALYZE USER DATA OR INFORMATION ON USERS TO SELECT CONTENT FOR USERS.
(iv) HAS INFINITE SCROLLING OR SEAMLESS CONTENT OR THE USE OF WEBPAGES WITH NO VISIBLE OR APPARENT END OR PAGE BREAKS, HAS PUSH NOTIFICATIONS OR ALERTS SENT BY AN ONLINE FORUM, WEBSITE OR APPLICATION TO INFORM A USER ABOUT SPECIFIC ACTIVITIES OR EVENTS RELATED TO THE USER'S ACCOUNT, DISPLAYS PERSONAL INTERACTIVE METRICS THAT INDICATE THE NUMBER OF TIMES OTHER USERS HAVE CLICKED A BUTTON TO INDICATE THE USERS' REACTIONS TO CONTENT OR HAVE SHARED OR REPOSTED THE CONTENT, HAS AUTO-PLAY VIDEO OR VIDEO THAT BEGINS TO PLAY WITHOUT THE USER FIRST CLICKING ON THE VIDEO OR ON A PLAY BUTTON FOR THAT VIDEO OR HAS LIVESTREAMING OR A FUNCTION THAT ALLOWS A USER OR ADVERTISER TO BROADCAST LIVE VIDEO CONTENT IN REAL TIME.
(iv) HAS INFINITE SCROLLING OR SEAMLESS CONTENT OR THE USE OF WEBPAGES WITH NO VISIBLE OR APPARENT END OR PAGE BREAKS, HAS PUSH NOTIFICATIONS OR ALERTS SENT BY AN ONLINE FORUM, WEBSITE OR APPLICATION TO INFORM A USER ABOUT SPECIFIC ACTIVITIES OR EVENTS RELATED TO THE USER'S ACCOUNT, DISPLAYS PERSONAL INTERACTIVE METRICS THAT INDICATE THE NUMBER OF TIMES OTHER USERS HAVE CLICKED A BUTTON TO INDICATE THE USERS' REACTIONS TO CONTENT OR HAVE SHARED OR REPOSTED THE CONTENT, HAS AUTO-PLAY VIDEO OR VIDEO THAT BEGINS TO PLAY WITHOUT THE USER FIRST CLICKING ON THE VIDEO OR - 1 - H.B.
(b) DOES NOT INCLUDE AN ONLINE SERVICE, WEBSITE OR APPLICATION OF WHICH THE EXCLUSIVE FUNCTION IS EMAIL OR DIRECT MESSAGING CONSISTING OF TEXTS, PHOTOGRAPHS, PICTURES, IMAGES OR VIDEOS THAT ARE SHARED ONLY BETWEEN THE SENDER AND THE RECIPIENTS AND THAT ARE NOT DISPLAYED OR POSTED PUBLICLY OR TO OTHER USERS THAT ARE NOT SPECIFICALLY IDENTIFIED BY THE SENDER AS THE RECIPIENTS.
2991 ON A PLAY BUTTON FOR THAT VIDEO OR HAS LIVE-STREAMING OR HAS A FUNCTION THAT ALLOWS A USER OR ADVERTISER TO BROADCAST LIVE VIDEO CONTENT IN REAL-TIME.
- 3 - H.B.
(b) DOES NOT INCLUDE AN ONLINE SERVICE, WEBSITE OR APPLICATION WHERE THE EXCLUSIVE FUNCTION IS EMAIL OR DIRECT MESSAGING CONSISTING OF TEXT, PHOTOGRAPHS, PICTURES, IMAGES OR VIDEOS THAT ARE SHARED ONLY BETWEEN THE SENDER AND THE RECIPIENTS AND THAT ARE NOT DISPLAYED OR POSTED PUBLICLY OR TO OTHER USERS THAT ARE NOT SPECIFICALLY IDENTIFIED BY THE SENDER AS THE RECIPIENTS.
2991 44-8042.
44-8042.
Covered companies;
Account holder contracts;
prohibition A.
unfair practice;
A COVERED COMPANY SHALL:
statute of limitations A.
A SOCIAL MEDIA PLATFORM MAY NOT ENTER INTO AN ACCOUNT HOLDER CONTRACT WITH A MINOR WHO IS LESS THAN FOURTEEN YEARS OF AGE UNLESS THE MINOR'S PARENT OR GUARDIAN PROVIDES CONSENT FOR THE MINOR TO BECOME AN ACCOUNT HOLDER.
FOR THE PURPOSES OF THIS SUBSECTION, IF A SOCIAL MEDIA PLATFORM ALLOWS AN ACCOUNT HOLDER TO USE THE SOCIAL MEDIA PLATFORM, THE SOCIAL MEDIA PLATFORM AND THE ACCOUNT HOLDER HAVE ENTERED INTO AN ACCOUNT HOLDER CONTRACT.
B.
A SOCIAL MEDIA PLATFORM SHALL:
PROVIDE AN ACCESSIBLE INTERFACE FOR AN ACCOUNT HOLDER OR A USER TO SET UP AN ACCOUNT THAT ALLOWS THE ACCOUNT HOLDER OR THE USER TO PROVIDE A BIRTH DATE OR AGE IN ORDER TO PROVIDE THE ACCOUNT HOLDER'S OR THE USER'S AGE SIGNAL TO DEVELOPERS AT THE TIME OF THE ACCOUNT SET UP OR AT ANY TIME THEREAFTER AND TO PROVIDE THE ACCOUNT HOLDER OR THE USER WITH THE OPTION TO OPT IN TO SHARE THE ACCOUNT HOLDER'S OR THE USER'S AGE BRACKET DATA WITH THE DEVELOPER FOR THE PURPOSE OF PROVIDING AGE-APPROPRIATE CONTENT.
TERMINATE ANY ACCOUNT HELD BY AN ACCOUNT HOLDER WHO IS LESS THAN FOURTEEN YEARS OF AGE, INCLUDING ACCOUNTS THAT THE SOCIAL MEDIA PLATFORM TREATS OR CATEGORIZES AS BELONGING TO AN ACCOUNT HOLDER WHO IS PROBABLY LESS THAN FOURTEEN YEARS OF AGE FOR THE PURPOSE OF TARGETING CONTENT OR ADVERTISING, AND PROVIDE NINETY DAYS FOR AN ACCOUNT HOLDER TO DISPUTE THE TERMINATION.
TERMINATION IS EFFECTIVE ON THE EXPIRATION OF THE NINETY DAYS IF THE ACCOUNT HOLDER FAILS TO EFFECTIVELY DISPUTE THE TERMINATION.
OBTAIN PARENTAL OR GUARDIAN CONSENT BEFORE ALLOWING A CHILD TO DOWNLOAD AN APPLICATION DISTRIBUTED OR MADE ACCESSIBLE THROUGH THE COVERED COMPANY'S APPLICATION STORE, IF THE COVERED COMPANY PROVIDES AN APPLICATION STORE.
ALLOW AN ACCOUNT HOLDER WHO IS LESS THAN FOURTEEN YEARS OF AGE TO REQUEST TO TERMINATE THE ACCOUNT.
TERMINATION IS EFFECTIVE WITHIN FIVE BUSINESS DAYS AFTER THE REQUEST.
FACILITATE PARENTAL OR GUARDIAN CONSENT FOR ACCESS TO AN APPLICATION THAT IS PRELOADED ONTO A DEVICE FOR THE FIRST TIME IN RESPONSE TO A REQUEST FROM A DEVELOPER.
ALLOW THE CONFIRMED PARENT OR GUARDIAN OF AN ACCOUNT HOLDER WHO IS LESS THAN FOURTEEN YEARS OF AGE TO REQUEST THAT THE ACCOUNT BE TERMINATED.
TERMINATION IS EFFECTIVE WITHIN TEN BUSINESS DAYS AFTER THE REQUEST.
MAKE CONTROLS AVAILABLE THAT ENABLE ACCOUNT HOLDERS TO DO BOTH OF THE FOLLOWING:
PERMANENTLY DELETE ALL PERSONAL INFORMATION HELD BY THE SOCIAL MEDIA PLATFORM RELATING TO THE TERMINATED ACCOUNT, UNLESS THERE ARE LEGAL REQUIREMENTS TO MAINTAIN THE INFORMATION.
(a) RESTRICT WHICH APPLICATIONS CAN BE DOWNLOADED BY A USER BASED ON THE APPLICATIONS' AGE RATINGS WITHIN THE COVERED COMPANY'S APPLICATION STORE.
(b) LIMIT THE AMOUNT OF TIME A USER CAN SPEND ON DOWNLOADED APPLICATIONS.
SEND ONLY THE MINIMUM AMOUNT OF INFORMATION THAT IS NECESSARY TO COMPLY WITH THIS CHAPTER.
TERMINATE AN ACCOUNT HELD BY AN ACCOUNT HOLDER WHO IS FOURTEEN OR FIFTEEN YEARS OF AGE, INCLUDING AN ACCOUNT THAT THE SOCIAL MEDIA PLATFORM TREATS OR CATEGORIZES AS BELONGING TO AN ACCOUNT HOLDER WHO IS PROBABLY FOURTEEN OR FIFTEEN YEARS OF AGE FOR THE PURPOSE OF TARGETING CONTENT OR ADVERTISING, IF THE ACCOUNT HOLDER'S PARENT OR GUARDIAN HAS NOT PROVIDED CONSENT FOR THE MINOR TO CREATE OR MAINTAIN THE ACCOUNT.
6.
AN ACCOUNT HOLDER HAS NINETY DAYS AFTER THE TERMINATION TO DISPUTE THE TERMINATION.
ON REQUEST, PROVIDE A DEVELOPER, INCLUDING A DEVELOPER OF THE PRELOADED APPLICATION, WITH AN AGE SIGNAL THROUGH A REAL-TIME APPLICATION PROGRAMMING INTERFACE ON AN ONGOING BASIS REGARDING WHETHER AN INDIVIDUAL IS:
THE TERMINATION IS EFFECTIVE ON THE EXPIRATION OF THE NINETY DAYS IF THE ACCOUNT HOLDER FAILS TO EFFECTIVELY DISPUTE THE TERMINATION.
(a) UNDER THIRTEEN YEARS OF AGE.
- 2 - H.B.
(b) AT LEAST THIRTEEN YEARS OF AGE BUT UNDER SIXTEEN YEARS OF AGE.
2991 6.
(c) AT LEAST SIXTEEN YEARS OF AGE BUT UNDER EIGHTEEN YEARS OF AGE.
ALLOW AN ACCOUNT HOLDER WHO IS FOURTEEN OR FIFTEEN YEARS OF AGE TO REQUEST TO TERMINATE THE ACCOUNT.
(d) AT LEAST EIGHTEEN YEARS OF AGE.
TERMINATION IS EFFECTIVE WITHIN FIVE BUSINESS DAYS AFTER THE REQUEST.
B.
7.
A COVERED COMPANY MAY NOT SHARE THE AGE SIGNAL OR PARENT OR GUARDIAN CONSENT SIGNAL WITH A THIRD PARTY FOR ANY PURPOSE THAT IS NOT REQUIRED UNDER THIS CHAPTER.
ALLOW THE CONFIRMED PARENT OR GUARDIAN OF AN ACCOUNT HOLDER WHO IS FOURTEEN OR FIFTEEN YEARS OF AGE TO REQUEST THAT THE MINOR'S ACCOUNT BE TERMINATED.
TERMINATION MUST BE EFFECTIVE WITHIN TEN BUSINESS DAYS AFTER THE REQUEST.
8.
PERMANENTLY DELETE ALL PERSONAL INFORMATION HELD BY THE SOCIAL MEDIA PLATFORM RELATING TO A TERMINATED ACCOUNT, UNLESS THERE ARE LEGAL REQUIREMENTS TO MAINTAIN THE INFORMATION.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A COVERED COMPANY IS NOT REQUIRED TO SHARE AGE SIGNALS WITH A THIRD PARTY, OTHER THAN WITH A DEVELOPER, THROUGH AN APPLICATION THAT IS DISTRIBUTED ON THE COVERED COMPANY'S APPLICATION STORE.
A KNOWING OR RECKLESS VIOLATION OF SUBSECTION B, PARAGRAPH 2, 3 OR 4 OF THIS SECTION IS AN UNLAWFUL PRACTICE PURSUANT TO SECTION 44-1522.
- 4 - H.B.
D.
2991 44-8043.
NOTWITHSTANDING ANY OTHER LAW, A CIVIL ACTION FOR A CLAIM UNDER THIS SECTION MUST BE BROUGHT WITHIN ONE YEAR AFTER THE DATE THAT THE COMPLAINANT KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE VIOLATION.
Developer duties;
ARTICLE 2.
social media platform duties;
ONLINE AGE VERIFICATION 44-8051.
minor account default settings A.
Definitions IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
A DEVELOPER SHALL:
ON AN INDIVIDUAL'S ACCOUNT CREATION OR FIRST ACCESS, REQUEST FROM A COVERED COMPANY AN AGE SIGNAL AND MAY SUBSEQUENTLY REQUEST ADDITIONAL AGE SIGNALS.
"ANONYMOUS AGE VERIFICATION" MEANS A COMMERCIALLY REASONABLE METHOD THAT IS USED BY A GOVERNMENT AGENCY OR A BUSINESS FOR THE PURPOSE OF AGE VERIFICATION THAT IS CONDUCTED BY A NONGOVERNMENTAL, INDEPENDENT THIRD PARTY THAT IS ORGANIZED UNDER THE LAWS OF A STATE OF THE UNITED STATES THAT BOTH:
(a) HAS ITS PRINCIPAL PLACE OF BUSINESS IN A STATE OF THE UNITED STATES.
(b) IS NOT OWNED OR CONTROLLED BY A COMPANY FORMED IN A FOREIGN COUNTRY, A GOVERNMENT OF A FOREIGN COUNTRY OR ANY OTHER ENTITY FORMED IN A FOREIGN COUNTRY.
IF THE DATA IS AVAILABLE, USE THE AGE SIGNAL FROM A COVERED COMPANY TO:
"COMMERCIAL ENTITY" INCLUDES A CORPORATION, A LIMITED LIABILITY COMPANY, A PARTNERSHIP, A LIMITED PARTNERSHIP, A SOLE PROPRIETORSHIP AND ANY OTHER LEGALLY RECOGNIZED ENTITY.
(a) ENFORCE LEGALLY REQUIRED MINIMUM AGE RESTRICTIONS.
(b) ENSURE COMPLIANCE WITH ALL LAWS.
(c) PROVIDE ANY AGE-APPROPRIATE DEFAULTS, SAFEGUARDS OR EXPERIENCES AS REQUIRED BY THIS CHAPTER.
B.
IN ADDITION TO THE REQUIREMENTS PRESCRIBED IN SUBSECTION A OF THIS SECTION, IF A DEVELOPER OPERATES A SOCIAL MEDIA PLATFORM, THE DEVELOPER SHALL COMPLY WITH THE ADDITIONAL REQUIREMENTS OF THIS SECTION.
C.
IF APPLICABLE AND TECHNICALLY FEASIBLE, A SOCIAL MEDIA PLATFORM SHALL PROVIDE READILY AVAILABLE FEATURES FOR A PARENT OR GUARDIAN TO OVERSEE THE USE OF THE APPLICATION BY THE PARENT'S OR GUARDIAN'S CHILD AS APPROPRIATE TO THE RISKS THAT ARISE FROM THE CHILD'S USE OF THE DEVELOPER'S APPLICATION.
THE FEATURES MUST INCLUDE:
1.
THE ABILITY TO VIEW METRICS REFLECTING THE AMOUNT OF TIME THAT THE CHILD IS USING THE APPLICATION AND SET DAILY TIME LIMITS ON THE CHILD'S USE.
2.
THE ABILITY TO SEE WHICH INDIVIDUALS OR ACCOUNTS ARE AFFIRMATIVELY LINKED TO THE CHILD'S ACCOUNT, INCLUDING THE CHILD'S FRIENDS AND FOLLOWERS AND ACCOUNTS THAT THE CHILD IS FOLLOWING.
THE ABILITY TO DETERMINE WHETHER THE CHILD HAS LIMITED THE PUBLIC VISIBILITY OF THE CHILD'S ACCOUNT OR INFORMATION AND CONTENT THAT IS UPLOADED TO THE APPLICATION.
"DISTRIBUTE" MEANS TO ISSUE, SELL, GIVE, PROVIDE, DELIVER, TRANSFER, TRANSMIT, CIRCULATE OR DISSEMINATE BY ANY MEANS.
THE ABILITY TO SEE WHICH INDIVIDUALS THE CHILD HAS BLOCKED.
"HARMFUL TO MINORS" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3501.
THE ABILITY TO SUBMIT A REPORT TO THE APPLICATION CONCERNING A POTENTIAL VIOLATION OF THE DEVELOPER'S TERMS AND POLICIES.
"PUBLISH" MEANS TO COMMUNICATE OR MAKE INFORMATION AVAILABLE TO ANOTHER PERSON ON A PUBLICLY AVAILABLE WEBSITE OR APPLICATION.
THE ABILITY TO DISPLAY A NOTIFICATION TO A USER WHO THE SOCIAL MEDIA PLATFORM KNOWS IS A MINOR IF THE USER HAS SPENT ONE CUMULATIVE HOUR ON THE APPLICATION DURING ONE CALENDAR DAY.
"STANDARD AGE VERIFICATION" MEANS ANY COMMERCIALLY REASONABLE METHOD OF AGE VERIFICATION THAT IS APPROVED BY THE COMMERCIAL ENTITY.
THE ABILITY TO LIMIT THE VISIBILITY OF A MINOR'S ACCOUNT OR PROFILE TO CONNECTED USERS OTHER THAN THE MINOR'S NAME, USERNAME AND PRIMARY DISPLAY PICTURE, IF APPLICABLE.
"SUBSTANTIAL PORTION" MEANS MORE THAN 33.3 PERCENT OF TOTAL MATERIAL ON A WEBSITE OR APPLICATION.
8.
- 3 - H.B.
REASONABLE POLICIES THAT ADDRESS EXPOSURE TO SEXUALLY OR VIOLENTLY EXPLICIT MATERIAL ON THE SOCIAL MEDIA PLATFORM.
2991 44-8052.
9.
Material that is harmful to minors;
THE ABILITY TO SILENCE NOTIFICATIONS BETWEEN 10:00 P.M.
age verification;
AND 6:00 A.M.
personal identifying information protection A COMMERCIAL ENTITY THAT KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL THAT IS HARMFUL TO MINORS ON A WEBSITE OR APPLICATION, IF THE WEBSITE OR APPLICATION CONTAINS A SUBSTANTIAL PORTION OF MATERIAL THAT IS HARMFUL TO MINORS SHALL DO ALL OF THE FOLLOWING:
LOCAL TIME.
10.
THE ABILITY TO PROHIBIT AN UNCONNECTED USER FROM SENDING PRIVATE OR DIRECT MESSAGES TO A MINOR USER, INCLUDING THROUGH VIDEO, VOICE, TEXT OR OTHER MESSAGING, IF APPLICABLE.
- 5 - H.B.
2991 11.
THE ABILITY TO DISABLE THE AUTOMATIC PLAYING OF VIDEO CONTENT WITHOUT USER ACTION IN A PERSONALIZED RECOMMENDATION SYSTEM.
44-8044.
Age signal conflicts NOTWITHSTANDING SECTION 44-8043, SUBSECTION A, IF A DEVELOPER HAS CLEAR AND CONVINCING EVIDENCE THAT A USER'S AGE IS DIFFERENT FROM THE AGE THAT IS INDICATED BY THE AGE SIGNAL THAT THE DEVELOPER RECEIVED FROM THE COVERED COMPANY, THE DEVELOPER MAY USE THE DEVELOPER'S INTERNAL DATA.
44-8045.
Attorney general;
enforcement;
penalties A.
IN ADDITION TO ANY OTHER REMEDY AVAILABLE UNDER STATE LAW, THE ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A COVERED COMPANY, DEVELOPER OR COMMERCIAL ENTITY TO:
RECOVER A CIVIL PENALTY OF NOT MORE THAN $75,000 FOR EACH VIOLATION OF THIS CHAPTER.
USE EITHER ANONYMOUS AGE VERIFICATION OR STANDARD AGE VERIFICATION TO VERIFY THAT THE PERSON ATTEMPTING TO ACCESS THE MATERIAL THAT IS HARMFUL TO MINORS IS AT LEAST EIGHTEEN YEARS OF AGE.
RESTRAIN OR ENJOIN THE COVERED COMPANY, DEVELOPER OR COMMERCIAL ENTITY FROM VIOLATING THIS CHAPTER.
PREVENT ACCESS TO THE MATERIAL THAT IS HARMFUL TO MINORS BY A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE.
SEEK INJUNCTIVE RELIEF.
OFFER ANONYMOUS AGE VERIFICATION AND STANDARD AGE VERIFICATION AND ALLOW A PERSON ATTEMPTING TO ACCESS THE MATERIAL HARMFUL TO MINORS TO SELECT WHICH METHOD WILL BE USED TO VERIFY THE PERSON'S AGE.
RECOVER REASONABLE ATTORNEY FEES.
ENSURE THAT A THIRD PARTY CONDUCTING ANONYMOUS AGE VERIFICATION PURSUANT TO THIS ARTICLE:
5.
(a) DOES NOT RETAIN PERSONAL IDENTIFYING INFORMATION USED TO VERIFY AGE ONCE THE AGE OF AN ACCOUNT HOLDER AS DEFINED IN SECTION 44-8041 OR A PERSON SEEKING AN ACCOUNT HAS BEEN VERIFIED.
RECOVER LITIGATION COSTS AND REASONABLE COSTS FOR INVESTIGATING THE VIOLATION.
(b) DOES NOT USE PERSONAL IDENTIFYING INFORMATION THAT IS USED TO VERIFY AGE FOR ANY OTHER PURPOSE.
B.
(c) KEEPS ANONYMOUS ANY PERSONAL IDENTIFYING INFORMATION USED TO VERIFY AGE AND DOES NOT SHARE OR OTHERWISE COMMUNICATE THE INFORMATION TO ANY PERSON.
THE ATTORNEY GENERAL SHALL DEPOSIT, PURSUANT TO SECTIONS 35-146 AND 35-147, MONIES COLLECTED PURSUANT TO THIS SECTION IN THE TECHNOLOGY PROTECTION FOR MINORS GRANT FUND ESTABLISHED BY SECTION 41-191.14.
(d) PROTECTS PERSONAL IDENTIFYING INFORMATION USED TO VERIFY AGE FROM UNAUTHORIZED OR ILLEGAL ACCESS, DESTRUCTION, USE, MODIFICATION OR DISCLOSURE THROUGH REASONABLE SECURITY PROCEDURES AND PRACTICES APPROPRIATE TO THE NATURE OF THE PERSONAL INFORMATION.
44-8046.
- 4 -
Immunity A.
A DEVELOPER OR COVERED COMPANY IS IMMUNE FROM LIABILITY FOR A VIOLATION OF THIS CHAPTER IF THE DEVELOPER OR COVERED COMPANY DEMONSTRATES THAT THE DEVELOPER OR COVERED COMPANY MEETS THE FOLLOWING:
1.
RELIED IN GOOD FAITH ON THE APPLICABLE AGE SIGNAL AND THE AGE SIGNAL INDICATES THAT THE USER IS A CHILD BASED ON THE INFORMATION RECEIVED THROUGH THE COVERED COMPANY'S DATA SHARING METHODS.
2.
IF A DEVELOPER, COMPLIED WITH THE REQUIREMENTS DESCRIBED IN SECTION 44-8043.
B.
IN DETERMINING AN APPLICATION'S AGE RATING AND CONTENT DESCRIPTION, A DEVELOPER IS NOT LIABLE FOR A VIOLATION OF THIS CHAPTER IF THE DEVELOPER USES WIDELY ADOPTED INDUSTRY STANDARDS TO DETERMINE THE APPLICATION'S AGE CATEGORY AND CONTENT DESCRIPTION AND APPLIES THOSE STANDARDS CONSISTENTLY AND IN GOOD FAITH.
C.
THE IMMUNITY DESCRIBED IN THIS SECTION BOTH:
1.
APPLIES ONLY TO ACTIONS BROUGHT UNDER THIS CHAPTER.
2.
DOES NOT LIMIT A DEVELOPER'S OR COVERED COMPANY'S LIABILITY UNDER ANY OTHER APPLICABLE LAW.
D.
THIS SECTION DOES NOT REPLACE ANY OTHER AVAILABLE REMEDY OR RIGHT IN STATE OR FEDERAL LAW.
- 6 - H.B.
2991 44-8047.
Covered companies;
compliance;
nondiscrimination;
use of data A.
THIS CHAPTER DOES NOT MODIFY, IMPAIR OR SUPERSEDE THE OPERATION OF ANY ANTITRUST LAWS, UNLESS OTHERWISE SPECIFIED.
B.
A COVERED COMPANY SHALL COMPLY WITH THIS CHAPTER IN A NONDISCRIMINATORY MANNER BY DOING BOTH OF THE FOLLOWING:
1.
IMPOSING THE SAME RESTRICTIONS AND OBLIGATIONS ON THE COVERED COMPANY'S OWN APPLICATIONS AND APPLICATION DISTRIBUTION AS THE COVERED COMPANY IMPOSES ON THIRD-PARTY APPLICATIONS AND APPLICATION DISTRIBUTORS.
2.
NOT USING DATA THAT IS NOT PUBLICLY AVAILABLE AND THAT IS COLLECTED FROM THIRD PARTIES, OR CONSENT MECHANISMS DEPLOYED FOR THIRD PARTIES, IN THE COURSE OF COMPLIANCE WITH THIS CHAPTER TO COMPETE AGAINST THOSE THIRD PARTIES, TO GIVE THE COVERED COMPANY'S SERVICES PREFERENCE RELATIVE TO THOSE OF THIRD PARTIES OR TO OTHERWISE USE THIS DATA THAT IS NOT PUBLICLY AVAILABLE IN A MANNER THAT IS UNAVAILABLE TO THOSE THIRD PARTIES.
Sec.
3.
Severability If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec.
4.
Effective date Section 41-191.14, Arizona Revised Statutes, as added by this act, and title 44, chapter 42, Arizona Revised Statutes, as added by this act, are effective one year after the effective date of this act.
- 7 -
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Action History

  1. DPA

  2. DPA/SE

  3. Senate Second Reading

  4. Senate First Reading

  5. Transmit to Senate

  6. PASSED

  7. DP

  8. House Placed on Consent Calendar

  9. DP

  10. House Second Reading

  11. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"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

Votes

Passed

Passed 44 Yea · 6 Nay · 9 Other
Party YeaNayPresentNot Voting
Democrat 17604
Republican 27006
Total 446010
% of votes cast 73%10%0%17%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Yea
Alma Hernandez Democrat Yea
Anna Abeytia Democrat Not Voting
Betty J Villegas Democrat Nay
Brian Garcia Democrat Yea
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Yea
Elda Luna-Nájera Democrat Yea
Janeen Connolly Democrat Yea
Junelle Cavero Democrat Not Voting
Kevin Volk Democrat Yea
Lorena Austin Democrat Yea
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Yea
Quantá Crews Democrat Not Voting
Sarah Liguori Democrat Yea
Seth Blattman Democrat Not Voting
Stacey Travers Democrat Yea
Stephanie Simacek Democrat Yea
Stephanie Stahl Hamilton Democrat Yea
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Not Voting
Gail Griffin Republican Yea
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Not Voting
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Yea
Laurin Hendrix Republican Not Voting
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Not Voting
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Not Voting
Ralph Heap Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Not Voting
Walt Blackman Republican Yea

Official roll call →

Subjects

public-safety civil-rights 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

Who sponsors HB 2991?
HB 2991 is sponsored by Michael Carbone (Republican).
What is the current status of HB 2991?
This bill died with 57th Legislature - Second Regular Session. It reached “Passed House” 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 2991?
Track HB 2991 free on One Click Politics — get push/email alerts when it moves.

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