Kentucky 2024 Regular Session Status: Passed House Bipartisan · 5 R · 1 D cosponsors

HB 463 — AN ACT relating to the protection of children using social media.

Last action — to Veterans, Military Affairs, & Public Protection (S)

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

This bill died with 2024 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Create new sections of KRS Chapter 367 to define terms; specify what entities are subject to this Act; require digital service providers to register the age of the user; specify the duties of digital services providers relating to agreements with minors; require digital service providers to develop internal controls to prevent minors from being exposed to obscene matter, create parental monitoring tools, prevent advertising certain goods and services to minors, and provide information related to algorithms and content promotion; provide that digital service providers are not required to disclose trade secrets; provide exceptions for when a digital service provider may share a minor's personally identifying information; require digital service providers to develop a commercially reasonable method for verifying caregivers; require digital service providers to create a method for a minor's verified caregiver to gain access to a minor's personally identifying information; provide that the Department for Community Based Services has authority over the powers of a verified caregiver for minors in its custody; provide that a violation of the Act is a deceptive act or practice in the conduct of trade or commerce; provide that a parent or guardian has a private right of action for violations.

Bill Text

What changed in the latest version

221 added · 217 removed

221 line(s) added, 217 removed.

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UNOFFICIAL COPY 24 RS BR 1082 AN ACT relating to the protection of children using social media.
UNOFFICIAL COPY 24 RS HB 463/GA AN ACT relating to the protection of children using social media.
Page 1 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 1.
Page 1 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA 1.
Educational agency or institution that is subject to the Family Page 2 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 Educational Rights and Privacy Act, 20 U.S.C.
Educational agency or institution that is subject to the Family Page 2 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA Educational Rights and Privacy Act, 20 U.S.C.
1232g, that operates a digital service and primarily provides educational services to students or other educational institutions;
1232g, that operates a digital service and primarily provides educational services to students or other educational institutions, or any educational services provider that operates a digital service that is subject to the Children's Online Privacy Protection Act of 1998, 15 U.S.C.
sec.
6501 et seq., and primarily provides educational services to children or educational agencies or institutions;
or (b) A facility, system, or network not under the control of the internet service provider, provider's affiliate or subsidiary, search engine, or cloud service provider.
or (b) A facility, system, or network not under the control of the internet service provider, provider's affiliate or subsidiary, search engine, or cloud service Page 3 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA provider.
(1) A digital service provider shall not enter into an agreement with an individual to Page 3 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 create an account with a digital service unless the individual has registered his or her age with the digital service provider.
(1) A digital service provider shall not enter into an agreement with an individual to create an account with a digital service unless the individual has registered his or her age with the digital service provider.
(a) Limit its collection of the known minor's personally identifying information to information reasonably necessary to provide the digital service;
(a) Limit its collection of the known minor's personally identifying information Page 4 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA to information reasonably necessary to provide the digital service;
(2) Unless a verified caregiver provides otherwise under Section 10 of this Act, a Page 4 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 digital service provider that enters into an agreement with a known minor for access to a digital service shall not:
(2) Unless a verified caregiver provides otherwise under Section 10 of this Act, a digital service provider that enters into an agreement with a known minor for access to a digital service shall not:
Using hash sharing technology and other protocols to identify recurring obscene matter;
Using hash-sharing technology and other protocols to identify recurring obscene matter;
4.
Page 5 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA 4.
Undertaking standard human-performed monitoring reviews to ensure Page 5 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 efficacy of filtering technology;
Undertaking standard human-performed monitoring reviews to ensure efficacy of filtering technology;
Continued compliance with digital service provider's strategy;
Continued compliance with the digital service provider's strategy;
(c) Restrict the ability of the known minor to make purchases or engage in financial transactions if the verified caregiver alters the duty of a digital service provider under subsection (2)(a) of Section 4 this Act;
(c) Restrict the ability of the known minor to make purchases or engage in Page 6 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA financial transactions if the verified caregiver alters the duty of a digital service provider under subsection (2)(a) of Section 4 this Act;
and Page 6 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 (e) Deactivate the known minor's account either temporarily or permanently.
and (e) Deactivate the known minor's account either temporarily or permanently.
Nothing in Sections 1 to 12 of this Act shall be construed to prohibit a digital service provider from collecting, processing, or sharing a known minor's personal identifying information in a manner necessary to:
Page 7 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA Nothing in Sections 1 to 12 of this Act shall be construed to prohibit a digital service provider from collecting, processing, or sharing a known minor's personal identifying information in a manner necessary to:
Page 7 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 (2) Comply with a law enforcement investigation;
(2) Comply with a law enforcement investigation;
(2) A verified caregiver may supervise the verified caregiver's known minor's use of a digital service using tools provided by a digital service provider under Section 6 of this Act.
(2) A verified caregiver may supervise the verified caregiver's known minor's use of a Page 8 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA digital service using tools provided by a digital service provider under Section 6 of this Act.
Page 8 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 1.
1.
(4) Nothing in Sections 1 to 12 of this Act shall be construed to limit or restrict the exercise of powers or the performance of duties of the Attorney General authorized under any provision of law.
Page 9 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA UNOFFICIAL COPY 24 RS HB 463/GA (4) Nothing in Sections 1 to 12 of this Act shall be construed to limit or restrict the exercise of powers or the performance of duties of the Attorney General authorized under any provision of law.
A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO Page 9 of 10 XXXX 2/5/2024 11:18 AM Jacketed UNOFFICIAL COPY 24 RS BR 1082 READ AS FOLLOWS:
A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO READ AS FOLLOWS:
Page 10 of 10 XXXX 2/5/2024 11:18 AM Jacketed
Page 10 of 10 HB046310.100 - 1082 - XXXX 3/5/2024 4:16 PM GA
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Action History

  1. to Veterans, Military Affairs, & Public Protection (S)

  2. to Committee on Committees (S)

  3. received in Senate

  4. 3rd reading, passed 94-0 with Committee Substitute (1) and Floor Amendment (1)

  5. floor amendment (1) filed to Committee Substitute

  6. posted for passage in the Regular Orders of the Day for Monday, March 04, 2024

  7. 2nd reading, to Rules

  8. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  9. to Small Business & Information Technology (H)

  10. to Committee on Committees (H)

  11. introduced in House

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 132 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (132)

132 members have not signed on to this bill.

Show all 132 →

"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

Pass

Passed 94 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 14001
Republican 69003
Unaffiliated 11000
Total 94004
% of votes cast 96%0%0%4%
How each member voted (98)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Justice — Yea
Palumbo — Yea
Timoney — Yea
Pratt — Yea
Graham — Yea
Raymond — Yea
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Not Voting
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Not Voting
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Not Voting
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does HB 463 do?
Create new sections of KRS Chapter 367 to define terms; specify what entities are subject to this Act; require digital service providers to register the age of the user; specify the duties of digital services providers relating to agreements with minors; require digital service providers to develop internal controls to prevent minors from being exposed to obscene matter, create parental monitoring tools, prevent advertising certain goods and services to minors, and provide information related to algorithms and content promotion; provide that digital service providers are not required to disclose trade secrets; provide exceptions for when a digital service provider may share a minor's personally identifying information; require digital service providers to develop a commercially reasonable method for verifying caregivers; require digital service providers to create a method for a minor's verified caregiver to gain access to a minor's personally identifying information; provide that the Department for Community Based Services has authority over the powers of a verified caregiver for minors in its custody; provide that a violation of the Act is a deceptive act or practice in the conduct of trade or commerce; provide that a parent or guardian has a private right of action for violations.
Who sponsors HB 463?
HB 463 is sponsored by Stephanie Dietz (Republican), Kim Banta (Republican), Steve Bratcher (Republican), Josh Calloway (Republican), Beverly Chester-Burton (Democrat), and Nick Wilson (Republican).
What is the current status of HB 463?
This bill died with 2024 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 463?
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