HB 2661
Initials JL/MB Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: JUD DP 5-3-1-0
HB 2661: electronic devices; filters; obscene material
Sponsor: Representative Toma, LD 27
Caucus & COW
Overview
Adds a new chapter to A.R.S. title 44 regulating the use of filters on electronic devices.
History
A.R.S. title 44 currently contains 40 different chapters regulating a broad range of areas
concerning trade and commerce.
Provisions
Filter Requirement
1. Beginning January 1, 2026, requires a device that is activated in Arizona to do all the
following:
a) contain a filter;
b) determine the age of the user during activation and account setup;
c) set the filter to "on" for minor users;
d) allow a password to be established for the filter;
e) notify the user of the device when the filter blocks the device from accessing a website;
and
f) provide an opportunity to deactivate or reactivate the filter by using a password. (Sec
1)
Manufacturer Liability
2. Beginning January 1, 2026, subjects a manufacturer to civil and criminal liability if all
the following apply:
a) the device is activated in Arizona;
b) on activation, the device does not enable a filter that complies with the above
requirements; and
c) a minor accesses obscene material that is on the device. (Sec 1)
3. For the purposes of assessing a violation against a manufacturer, states that a
manufacturer is considered to have committed a separate violation for each device that is
manufactured on or after January 1, 2026. (Sec 1)
4. Stipulates that this liability does not apply to a manufacturer that makes a good faith
effort to provide a device that, on activation of the device in Arizona, automatically
enables a generally accepted and commercially reasonable filter that blocks obscene
material on all internet browsers or search engines that are accessed on the device in
accordance with this section. (Sec 1)
5. States that this new chapter does not create a cause of action against the retailer of a
device. (Sec 1) HB 2661
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Individual Liability
6. Subjects a person who is at least 18 years old and who not the minor's parent or guardian
to civil liability for enabling a password to remove a filter on a device that is in the
possession of a minor if the minor accesses obscene material that is on the device. (Sec 1)
Enforcement by the Attorney General
7. Authorizes the Attorney General to bring an action against a person who is at least 18
years old to do any of the following if the Attorney General has reason to believe that the
person has violated or is violating this new chapter:
a) enjoin any action that constitutes a violation of this chapter by issuing a temporary
restraining order or preliminary or permanent injunction;
b) recover a civil penalty of not more than $5,000 per violation, not to exceed a total of
$50,000;
c) recover the Attorney General's reasonable expenses, investigative costs and attorney
fees; or
d) obtain other appropriate relief as provided for under this chapter. (Sec. 1)
8. Permits the Attorney General to issue subpoenas to any person and conduct hearings in
any investigation or inquiry related to a possible violation of this chapter. (Sec. 1)
9. Allows the Attorney General to seek the revocation of any license or certificate
authorizing a manufacturer to engage in business in Arizona. (Sec 1)
Private Cause of Action
10. Authorizes a parent or legal guardian of a minor who accesses obscene material that is in
violation of the above filter requirement to bring a private cause of action in any court of
competent jurisdiction against:
a) a manufacturer that fails to comply with the filter requirement; or
b) a person who is at least 18 years old who is not a parent or legal guardian of the minor
and who disables a filter from a device in the minor's possession that results in the
minor's exposure to obscene material. (Sec 1)
11. States that the parent or legal guardian of a minor who brings an action under this section
may recover:
a) actual damages up, or in the court's discretion where actual damages are difficult to
ascertain, liquidated damages in the amount of $50,000 for each violation;
b) punitive damages determined by the court if the court finds the violation willing and
knowingly;
c) nominal damages;
d) any other relief the court deems appropriate, including court costs and expenses;
e) attorney fees. (Sec. 1)
12. Specifies that this section does not preclude a class action lawsuit against a manufacturer
that knowingly and wilfully violates the filter requirement. (Sec 1)
Unlawful Filter Removal
13. Makes it unlawful for a person who is at least 18 years old and not the minor's parent or
legal guardian to disable the filter on a device in the possession of a minor. (Sec. 1)
14. Subjects a person who violates the above prohibition to a maximum fine of $5,000 unless
the person is a second or subsequent offender, in which case the person is subject to:
a) a fine of no more than $50,000;
b) incarceration for up to one year. (Sec 1) HB 2661
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Terminology
15. Defines the following terms:
a) activate;
b) device;
c) filter;
d) internet;
e) manufacturer;
f) minor;
g) obscene material;
h) password;
i) smartphone; and
j) tablet. (Sec 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note