The proposed bill aims to enhance parental control over software application downloads for children under the age of 16 in West Virginia. It introduces a new article in the Code of West Virginia, which includes definitions for key terms such as "Application," "Child," "Application Store," "Covered Manufacturer," and "Developer." Starting January 1, 2026, covered manufacturers are required to implement measures to determine the age of a device's primary user and obtain parental consent before allowing children to download applications. Additionally, developers must provide features that help parents manage their children's app usage, including content restrictions and time limits.

The bill also addresses anticompetitive conduct by ensuring that application stores treat their own applications and those of third parties equally. It establishes enforcement mechanisms, allowing the Attorney General to take action against violations, with a structured notice and cure period for alleged infractions. The bill specifies that damages for violations can reach up to $2,500 per incident, capped at $50,000, and clarifies that the Attorney General has exclusive enforcement authority. Furthermore, it outlines that certain services, such as broadband internet access and telecommunications, are exempt from these regulations.

Statutes affected:
Introduced Version: 47-29-1, 47-29-2, 47-29-3, 47-29-4