ENROLLEDSCAHB427 4335 2813 SENATE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Senate Committee on Judiciary A to Engrossed House Bill No.

427by BYRepresentative REPRESENTATIVESSchlegel SCHLEGEL,AMENDMENT ADAMS,NO. AMEDEE, BACALA, BAMBURG, BERAULT, BILLINGS, BOUDREAUX, BOYD, BOYER, BROUSSARD, BRYANT, BUTLER, CARLSON, CARVER, CHASSION, CHENEVERT, COATES, COX, DESHOTEL, DEVILLIER, DEWITT, DICKERSON, EDMONSTON, EGAN, FONTENOT, FREEMAN, FREIBERG, GLORIOSO, HILFERTY, HORTON, ILLG, MIKE JOHNSON, KERNER, KNOX, LAFLEUR, TERRY LANDRY, LARVADAIN, LYONS, MACK, MARCELLE, MARTINEZ, MOORE,MURRAY, NEWELL,OWEN,SPELL,STAGNI,TARVER,TAYLOR, THOMPSON, VILLIO, WALTERS, WILDER, WILEY, WYBLE, AND ZERINGUE AN ACT To amend and reenact R.S.

9:2717.4(B)(3)1 throughOn (10)page 1, line 2, after "(10)," and (C)(1),before (4),"relative" delete "(C)(4), and (5),(5)(a)" relativeand toinsert materialharmfultominors;"(C)(1), (4), and (5)" AMENDMENT NO.

to2 providefordefinitions;Onpage1,line7,after"(10),"andbefore"are"delete"(C)(4),and(5)(a)"andinsert"(C)(1), (4), and (5)" AMENDMENT NO.

tomaketechnicalchanges;to3 provideOn relativepage to3, settingsdelete onlines minor17 accounts;through 27 in their entirety and insert the following:

"(1) Prohibit an adult from connecting to providea forminor anwithout effectiveexpress date;consent from the minor's legal representativeor enable the legal representative of a minor to access a list of the connections of the minor, including a list of contacts with whom the minor has exchanged direct messages through the parental supervision tools of the covered platform.

and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1.

R.S.

9:2717.4 (B)(3) through (10) and (C)(1), (4), and (5), are hereby amended and reenacted to read as follows:

§2717.4.

Kids Online Protection and Anti-Grooming Act * * * B.

For purposes of this Section:

* * * (3) "Material harmful to minors" has the same meaning as provided in R.S.

51:2121.

(3) (4)(a) "Microtransaction" means any of the following:

(i) A purchase made in an online video game involving surprise mechanics, new characters, or other in-game items.

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HB NO.

427 ENROLLED (ii) A purchase made using a virtual currency that is purchasable or redeemableusingcashorcreditthatisincludedaspartofapaidsubscriptionservice.

(iii) Any purchase or transfer of virtual currencyon a covered platform.

(b) Thetermshalldoesnotincludeapurchasemadeinanonlinevideogame using a virtual currency that is earned through game play and is not otherwise purchasable or redeemable using cash or credit or included as part of a paid subscription service.

(4) (5) "Minor" means an account holder on the covered platform who resides in this state under circumstances where the covered platform reasonably believes or has actual knowledge that the account holder is under the age of sixteen and is not emancipated or married has the same meaning as provided in R.S.

9:2717.2.

(5) (6) "Nonprofit corporation" means any organization organized on a not-for-profit basis under pursuant to the provisions of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950.

(6)(7)(a) "Onlineplatform"meansanypublicwebsite,onlineservice,online application, or mobile application that predominantlyprovides a community forum for user-generated content, such as sharing videos, images, games, audio files, or other content, including a social media service, social network, or virtual reality environment.

(b) Awebsite,onlineservice,onlineapplication,ormobileapplicationisnot an online platform solely on the basis that it includes a chat, comment, or other interactive function that is incidental to its predominant purpose.

(7) (8) "Online video game" means a video game, including an educational videogame,thataccessestheinternetandallowstheusertodoanyofthefollowing:

(a) Create and upload content that is not incidental to game play such as character or level designs.

(b) Engage in microtransactions within the game.

(c) Communicate with other users.

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HB NO.

427 ENROLLED (8) (9) "Precise geolocation" means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identify the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundredfiftyfeet.

Theprovisionsofthisdefinitionshalldonotextendtothecontent of communications.

(9) (10) "School" means any child daycare center as defined in R.S.

17:407.33, any public or nonpublic school enrolling students in prekindergarten through grade twelve, any institution under the management and supervision of a public postsecondary education management board, any nonpublic college or university, any program or initiative of the Board of Regents, or any proprietary school as defined in R.S.