The proposed bill aims to enhance the protection of minors from accessing harmful material online by mandating that "covered platforms" implement reasonable age verification methods. This includes verifying the age of individuals attempting to access such material through various means, such as state-issued identification or credit card information. The bill establishes penalties for non-compliance, categorizing violations as Class 1 misdemeanors for initial offenses and Class 6 felonies for subsequent violations. Additionally, it stipulates that any third party conducting age verification on behalf of a covered platform must not retain or sell any identifying information collected during the process.
Furthermore, the bill outlines a process for the attorney general to notify covered platforms of non-compliance before pursuing legal action, allowing them a chance to rectify the issues identified. If a platform demonstrates compliance within ninety days of receiving notice, they will not face criminal or civil penalties for the violations. The bill also specifies that covered platforms found in violation may incur civil penalties of up to five thousand dollars for each instance of non-compliance, with the collected penalties directed to the state general fund. Importantly, the provisions do not apply to general-purpose search engines, internet service providers, or cloud service providers.
Statutes affected: Introduced, 01/14/2025: 22-24-27, 22-24-29, 22-24-58
House Engrossed, 01/21/2025: 22-24-27, 22-24-29, 22-24-58
Enrolled, 02/20/2025: 22-24-27, 22-24-29, 22-24-58