Arizona 2022 Regular Session

Arizona House Bill HB2115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: electronic devices; filters; harmful material State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2115 Introduced by Representatives Udall: John, Toma AN ACT amending title 44, Arizona Revised Statutes, by adding chapter 29; relating to personal electronic devices. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: electronic devices; filters; harmful material
10	10	State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
11	11	HB 2115
12	12	Introduced by Representatives Udall: John, Toma
13	13
14	14	REFERENCE TITLE: electronic devices; filters; harmful material
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-fifth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2022
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2115
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representatives Udall: John, Toma
47	47
48	48
49	49
50	50
51	51
52	52	AN ACT
53	53
54	54
55	55
56	56	amending title 44, Arizona Revised Statutes, by adding chapter 29; relating to personal electronic devices.
57	57
58	58
59	59
60	60
61	61
62	62	(TEXT OF BILL BEGINS ON NEXT PAGE)
63	63
64	64
65	65
66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read: CHAPTER 29 PERSONAL ELECTRONIC DEVICES ARTICLE 1. GENERAL PROVISIONS START_STATUTE44-7201. Definitions In this chapter, unless the context otherwise requires: 1. "Activate" means the process of powering on a device and associating it with a new user account. 2. "Device" means a tablet or a smartphone. 3. "Filter" means software that is installed on a device and that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device. 4. "Harmful to minors" has the same meaning prescribed in section 13-3501. 5. "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other Internet protocol-compatible protocols, and that provides, uses or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. 6. "Manufacturer" means a person to whom both of the following apply: (a) Is engaged in the business of manufacturing a device. (b) has a statutory agent that is designated with the corporation commission pursuant to title 10 or 29. 7. "Minor" means an individual who is under eighteen years of age and who is not emancipated, married or a member of the United States armed forces. 8. "SmartPhone" means an electronic device that combines a cellular telephone with a handheld computer and that typically offers internet access, data storage, text and email capabilities. 9. "Tablet" means an internet-ready device that is equipped with an operating system, touchscreen display and rechargeable battery and that has the ability to support access to a cellular network. END_STATUTE START_STATUTE44-7202. Filter required A manufacturer shall manufacture a device that, when activated in this state, automatically enables a filter that: 1. Prevents the user from accessing or downloading material that is harmful to minors on all of the following: (a) mobile data networks. (b) Applications that are owned and controlled by the manufacturer. (c) wired Internet networks. (d) wireless Internet networks. 2. notifies the user of the device when the filter blocks the device from downloading an application or accessing a website. 3. Provides an opportunity to unblock a filtered application or website by using a passcode. 4. reasonably precludes a user other than a user with a passcode the opportunity to deactivate, modify or uninstall the filter. END_STATUTE START_STATUTE44-7203. Manufacturer liability A. A manufacturer is subject to civil and criminal liability if all of the following apply: 1. the device is activated in this state. 2. On activation, the device does not enable a filter that complies with Section 44-7202. 3. A minor accesses material that is harmful to minors on the device. B. For the purposes of assessing a penalty under section 44-7205, a manufacturer is considered to have committed a separate violation for each device. C. This section does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in this state, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with section 44-7202 and industry standards. END_STATUTE START_STATUTE44-7204. Individual liability A. A person is subject to civil liability for enabling a passcode to remove a filter on a device that is in the possession of a minor if the minor accesses material that is harmful to minors on the device. B. this section does not apply to the minor's parent or legal guardian. END_STATUTE START_STATUTE44-7205. Enforcement; attorney general A. If the attorney general has reason to believe that a person has violated or is violating this chapter, the attorney general, acting in the public interest, may bring an action in the name of this state against the person to do any of the following: 1. Enjoin any action that constitutes a violation of this chapter by issuing a temporary restraining order or preliminary or permanent injunction. 2. Recover a civil penalty of not more than $5,000 per violation, not to exceed a total of $50,000. 3. Recover the attorney general's reasonable expenses, investigative costs and attorney fees. 4. Obtain other appropriate relief as provided for under this chapter. B. The attorney general may issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation of this chapter. C. The attorney general may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state. END_STATUTE START_STATUTE44-7206. Civil action; parent or legal guardian; relief A. A parent or legal guardian of a minor who accesses material that is harmful to minors in violation of Section 44-7202 may bring a private cause of action in any court of competent jurisdiction against: 1. A manufacturer that fails to comply with Section 44-7202. 2. A person who enables a passcode to remove a filter from a device in the minor's possession that results in the minor's exposure to material that is harmful to minors. B. The parent or legal guardian of a minor who brings an action under this section may recover: 1. Actual damages or, in the court's discretion where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of $50,000 for each violation. 2. Punitive damages in an amount determined by the court, if the court finds the violation is knowing and wilful. 3. Nominal damages. 4. Any other relief as the court deems appropriate, including court costs and expenses. 5. Attorney fees. C. This section does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates Section 44-7202. END_STATUTE START_STATUTE44-7207. Unlawful filter removal; violation; classification; penalty A. Except for the minor's parent or legal guardian, it is unlawful for a person to enable a passcode to remove the filter on a device in the possession of a minor. B. A person who violates this section is subject to a fine of not more than $5,000, except that for a second or subsequent violation of this section the person is guilty of a class 6 felony and is subject to a fine of not more than $50,000. END_STATUTE Sec. 2. Effective date This act is effective from and after December 31, 2022.
67	67
68	68	Be it enacted by the Legislature of the State of Arizona:
69	69
70	70	Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read:
71	71
72	72	CHAPTER 29
73	73
74	74	PERSONAL ELECTRONIC DEVICES
75	75
76	76	ARTICLE 1. GENERAL PROVISIONS
77	77
78	78	START_STATUTE44-7201. Definitions
79	79
80	80	In this chapter, unless the context otherwise requires:
81	81
82	82	1. "Activate" means the process of powering on a device and associating it with a new user account.
83	83
84	84	2. "Device" means a tablet or a smartphone.
85	85
86	86	3. "Filter" means software that is installed on a device and that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device.
87	87
88	88	4. "Harmful to minors" has the same meaning prescribed in section 13-3501.
89	89
90	90	5. "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other Internet protocol-compatible protocols, and that provides, uses or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure.
91	91
92	92	6. "Manufacturer" means a person to whom both of the following apply:
93	93
94	94	(a) Is engaged in the business of manufacturing a device.
95	95
96	96	(b) has a statutory agent that is designated with the corporation commission pursuant to title 10 or 29.
97	97
98	98	7. "Minor" means an individual who is under eighteen years of age and who is not emancipated, married or a member of the United States armed forces.
99	99
100	100	8. "SmartPhone" means an electronic device that combines a cellular telephone with a handheld computer and that typically offers internet access, data storage, text and email capabilities.
101	101
102	102	9. "Tablet" means an internet-ready device that is equipped with an operating system, touchscreen display and rechargeable battery and that has the ability to support access to a cellular network. END_STATUTE
103	103
104	104	START_STATUTE44-7202. Filter required
105	105
106	106	A manufacturer shall manufacture a device that, when activated in this state, automatically enables a filter that:
107	107
108	108	1. Prevents the user from accessing or downloading material that is harmful to minors on all of the following:
109	109
110	110	(a) mobile data networks.
111	111
112	112	(b) Applications that are owned and controlled by the manufacturer.
113	113
114	114	(c) wired Internet networks.
115	115
116	116	(d) wireless Internet networks.
117	117
118	118	2. notifies the user of the device when the filter blocks the device from downloading an application or accessing a website.
119	119
120	120	3. Provides an opportunity to unblock a filtered application or website by using a passcode.
121	121
122	122	4. reasonably precludes a user other than a user with a passcode the opportunity to deactivate, modify or uninstall the filter. END_STATUTE
123	123
124	124	START_STATUTE44-7203. Manufacturer liability
125	125
126	126	A. A manufacturer is subject to civil and criminal liability if all of the following apply:
127	127
128	128	1. the device is activated in this state.
129	129
130	130	2. On activation, the device does not enable a filter that complies with Section 44-7202.
131	131
132	132	3. A minor accesses material that is harmful to minors on the device.
133	133
134	134	B. For the purposes of assessing a penalty under section 44-7205, a manufacturer is considered to have committed a separate violation for each device.
135	135
136	136	C. This section does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in this state, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with section 44-7202 and industry standards. END_STATUTE
137	137
138	138	START_STATUTE44-7204. Individual liability
139	139
140	140	A. A person is subject to civil liability for enabling a passcode to remove a filter on a device that is in the possession of a minor if the minor accesses material that is harmful to minors on the device.
141	141
142	142	B. this section does not apply to the minor's parent or legal guardian. END_STATUTE
143	143
144	144	START_STATUTE44-7205. Enforcement; attorney general
145	145
146	146	A. If the attorney general has reason to believe that a person has violated or is violating this chapter, the attorney general, acting in the public interest, may bring an action in the name of this state against the person to do any of the following:
147	147
148	148	1. Enjoin any action that constitutes a violation of this chapter by issuing a temporary restraining order or preliminary or permanent injunction.
149	149
150	150	2. Recover a civil penalty of not more than $5,000 per violation, not to exceed a total of $50,000.
151	151
152	152	3. Recover the attorney general's reasonable expenses, investigative costs and attorney fees.
153	153
154	154	4. Obtain other appropriate relief as provided for under this chapter.
155	155
156	156	B. The attorney general may issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation of this chapter.
157	157
158	158	C. The attorney general may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state. END_STATUTE
159	159
160	160	START_STATUTE44-7206. Civil action; parent or legal guardian; relief
161	161
162	162	A. A parent or legal guardian of a minor who accesses material that is harmful to minors in violation of Section 44-7202 may bring a private cause of action in any court of competent jurisdiction against:
163	163
164	164	1. A manufacturer that fails to comply with Section 44-7202.
165	165
166	166	2. A person who enables a passcode to remove a filter from a device in the minor's possession that results in the minor's exposure to material that is harmful to minors.
167	167
168	168	B. The parent or legal guardian of a minor who brings an action under this section may recover:
169	169
170	170	1. Actual damages or, in the court's discretion where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of $50,000 for each violation.
171	171
172	172	2. Punitive damages in an amount determined by the court, if the court finds the violation is knowing and wilful.
173	173
174	174	3. Nominal damages.
175	175
176	176	4. Any other relief as the court deems appropriate, including court costs and expenses.
177	177
178	178	5. Attorney fees.
179	179
180	180	C. This section does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates Section 44-7202. END_STATUTE
181	181
182	182	START_STATUTE44-7207. Unlawful filter removal; violation; classification; penalty
183	183
184	184	A. Except for the minor's parent or legal guardian, it is unlawful for a person to enable a passcode to remove the filter on a device in the possession of a minor.
185	185
186	186	B. A person who violates this section is subject to a fine of not more than $5,000, except that for a second or subsequent violation of this section the person is guilty of a class 6 felony and is subject to a fine of not more than $50,000. END_STATUTE
187	187
188	188	Sec. 2. Effective date
189	189
190	190	This act is effective from and after December 31, 2022.