The proposed bill aims to enhance parental control over software application downloads for children under the age of 16 by introducing a new article in the West Virginia Code. It establishes definitions for key terms such as "application," "child," "covered manufacturer," and "developer," and mandates that, starting January 1, 2026, covered manufacturers must implement measures to verify the age of a device's primary user. Specifically, application stores are required to obtain parental consent before allowing children to download applications and must provide developers with signals regarding the age of users. Additionally, developers are tasked with offering features that help parents manage their children's app usage, including content restrictions and time limits.

The bill also includes provisions to ensure compliance with antitrust laws and outlines the enforcement process by the Attorney General. It specifies that the Attorney General must provide written notice of any alleged violations and allows for a 45-day cure period before initiating enforcement actions. If violations persist, the Attorney General can seek civil damages, capped at $50,000. Furthermore, the bill provides certain defenses for developers and manufacturers against liability, provided they have taken reasonable steps to comply with the age verification requirements. Overall, the legislation seeks to empower parents in safeguarding their children's online experiences while ensuring fair practices in the application distribution landscape.

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