IN
Indiana Senate Bill SB0017

Indiana 2024 Regular Session

Indiana Senate Bill SB0017 Compare Versions

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1+*ES0017.1*
2+February 22, 2024
3+ENGROSSED
4+SENATE BILL No. 17
5+_____
6+DIGEST OF SB 17 (Updated February 21, 2024 10:08 am - DI 151)
7+Citations Affected: IC 24-4; IC 24-4.9; IC 24-5.
8+Synopsis: Age verification for material harmful to minors. Requires
9+an adult oriented website operator that displays material harmful to
10+minors to use a reasonable age verification method to prevent a minor
11+from accessing an adult oriented website. Creates a cause of action to
12+permit: (1) the parent or guardian of a child harmed by a violation of
13+the age verification requirement to obtain monetary damages,
14+injunctive relief, and reasonable attorney's fees; and (2) any other
15+person to bring an action to obtain injunctive relief and reasonable
16+attorney's fees. Prohibits a person that conducts age verification from
17+(Continued next page)
18+Effective: July 1, 2024.
19+Bohacek, Deery, Brown L,
20+Johnson T, Alting, Doriot, Tomes,
21+Buck, Koch, Bassler, Charbonneau,
22+Crider, Crane, Raatz, Young M, Zay,
23+Byrne, Niezgodski
24+(HOUSE SPONSORS — KING, SPEEDY, PRESSEL, GOSS-REAVES)
25+January 8, 2024, read first time and referred to Committee on Judiciary.
26+January 11, 2024, amended, reported favorably — Do Pass.
27+January 16, 2024, read second time, amended, ordered engrossed.
28+January 17, 2024, engrossed.
29+January 18, 2024, read third time, passed. Yeas 44, nays 1.
30+HOUSE ACTION
31+February 6, 2024, read first time and referred to Committee on Judiciary.
32+February 22, 2024, amended, reported — Do Pass.
33+ES 17—LS 6110/DI 106 Digest Continued
34+retaining the identifying information of an individual seeking to access
35+an adult oriented website that displays material harmful to minors, and
36+permits an individual whose identifying information is retained to bring
37+an action to obtain monetary damages, injunctive relief, and reasonable
38+attorney's fees. Requires adult oriented website operators to use
39+commercially reasonable methods to secure all information collected
40+and transmitted. Provides that the attorney general may bring an action
41+to obtain an injunction, a civil penalty of not more than $250,000, or
42+the attorney general's reasonable costs in investigating and maintaining
43+the action. Provides that when the attorney general has reasonable
44+cause to believe that any person has engaged in, is engaging in, or is
45+about to engage in a violation, the attorney general is empowered to
46+issue civil investigative demands under IC 4-6-3-3 to investigate the
47+suspected violation. Requires verification information of minors to be
48+kept confidential with certain exceptions. Adds verification information
49+to the definition of "personal information". Adds a violation of IC 24-4-
50+23 as a deceptive act.
51+ES 17—LS 6110/DI 106ES 17—LS 6110/DI 106 February 22, 2024
152 Second Regular Session of the 123rd General Assembly (2024)
253 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
354 Constitution) is being amended, the text of the existing provision will appear in this style type,
455 additions will appear in this style type, and deletions will appear in this style type.
556 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
657 provision adopted), the text of the new provision will appear in this style type. Also, the
758 word NEW will appear in that style type in the introductory clause of each SECTION that adds
859 a new provision to the Indiana Code or the Indiana Constitution.
960 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1061 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 17
12-AN ACT to amend the Indiana Code concerning trade regulation.
62+ENGROSSED
63+SENATE BILL No. 17
64+A BILL FOR AN ACT to amend the Indiana Code concerning trade
65+regulation.
1366 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
15-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2024]:
17-Chapter 23. Age Verification for Adult Oriented Websites
18-Sec. 1. "Adult oriented website" means a publicly accessible
19-website that publishes material harmful to minors, if at least
20-one-third (1/3) of the images and videos published on the website
21-depict material harmful to minors.
22-Sec. 2. "Adult oriented website operator" means a person that
23-owns or operates an adult oriented website. The term does not
24-include the following:
67+1 SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
68+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
69+3 1, 2024]:
70+4 Chapter 23. Age Verification for Adult Oriented Websites
71+5 Sec. 1. "Adult oriented website" means a publicly accessible
72+6 website that publishes material harmful to minors, if at least
73+7 one-third (1/3) of the images and videos published on the website
74+8 depict material harmful to minors.
75+9 Sec. 2. "Adult oriented website operator" means a person that
76+10 owns or operates an adult oriented website. The term does not
77+11 include the following:
78+12 (1) A newspaper or news service that publishes news related
79+13 information through a website.
80+14 (2) A cloud service provider.
81+15 (3) An Internet provider, an affiliate or subsidiary of an
82+16 Internet provider, or a search engine that:
83+17 (A) solely provides access or connection to a website or
84+ES 17—LS 6110/DI 106 2
85+1 other Internet content that is not under the control of that
86+2 Internet service provider, affiliate or subsidiary, or search
87+3 engine; and
88+4 (B) is not responsible for creating or publishing the content
89+5 that constitutes material harmful to minors.
90+6 Sec. 3. "Material harmful to minors" means matter or a
91+7 performance described in IC 35-49-2-2.
92+8 Sec. 4. "Minor" means a person less than eighteen (18) years of
93+9 age.
94+10 Sec. 5. "Mobile credential" has the meaning set forth in
95+11 IC 9-13-2-103.4.
96+12 Sec. 6. "Person" means a human being, a corporation, a limited
97+13 liability company, a partnership, an unincorporated association, or
98+14 a governmental entity.
99+15 Sec. 7. "Reasonable age verification method" means a method
100+16 of determining that an individual seeking to access a website
101+17 containing material harmful to minors is not a minor by using one
102+18 (1) or more of the following methods:
103+19 (1) A mobile credential.
104+20 (2) An independent third party age verification service that
105+21 compares the identifying information entered by the
106+22 individual who is seeking access with material that is available
107+23 from a commercially available data base, or an aggregate of
108+24 data bases, that is regularly used by government agencies and
109+25 businesses for the purpose of age and identity verification.
110+26 (3) Any commercially reasonable method that relies on public
111+27 or private transactional data to verify the age of the
112+28 individual attempting to access the material.
113+29 Sec. 8. "Transactional data" means a sequence of information
114+30 that documents an exchange, agreement, or transfer between an
115+31 individual, commercial entity, or third party used for the purpose
116+32 of satisfying a request or event. The term includes records that
117+33 relate to a mortgage, education, or employment.
118+34 Sec. 9. "Verification information" means all information, data,
119+35 and documents provided by an individual for the purposes of
120+36 verification of identity or age under this chapter.
121+37 Sec. 10. An adult oriented website operator may not knowingly
122+38 or intentionally publish an adult oriented website unless the adult
123+39 oriented website operator uses a reasonable age verification
124+40 method to prevent a minor from accessing the adult oriented
125+41 website.
126+42 Sec. 11. (a) If:
127+ES 17—LS 6110/DI 106 3
128+1 (1) an adult oriented website operator knowingly or
129+2 intentionally publishes an adult oriented website in violation
130+3 of section 10 of this chapter; and
131+4 (2) a minor accesses the adult oriented website;
132+5 the parent or guardian of the minor who accessed the adult
133+6 oriented website may bring an action against the adult oriented
134+7 website operator.
135+8 (b) A parent or guardian who prevails in an action described in
136+9 this section is entitled to:
137+10 (1) either:
138+11 (A) actual damages; or
139+12 (B) damages of up to five thousand dollars ($5,000);
140+13 (2) injunctive relief; and
141+14 (3) court costs, reasonable attorney's fees, and other
142+15 reasonable expenses of litigation, including expert witness
143+16 fees.
144+17 Sec. 12. (a) If an adult oriented website operator publishes an
145+18 adult oriented website in violation of section 10 of this chapter, any
146+19 person may bring an action to seek injunctive relief.
147+20 (b) A person that brings an action for injunctive relief under
148+21 this section and prevails is entitled to:
149+22 (1) injunctive relief; and
150+23 (2) court costs, reasonable attorney's fees, and other
151+24 reasonable expenses of litigation, including expert witness
152+25 fees.
153+26 Sec. 13. (a) This section applies to a person that uses or purports
154+27 to use a reasonable age verification method to grant or deny access
155+28 to an adult oriented website.
156+29 (b) A person to which this section applies, and any third party
157+30 verification service used by a person to which this section applies,
158+31 may not retain identifying information of the person seeking access
159+32 to an adult oriented website, unless retention of the identifying
160+33 information is required by a court order.
161+34 (c) An individual whose identifying information is retained in
162+35 violation of this section may bring an action against the person that
163+36 unlawfully retained the individual's identifying information. An
164+37 individual who prevails in an action described in this section is
165+38 entitled to:
166+39 (1) either:
167+40 (A) actual damages; or
168+41 (B) damages of up to five thousand dollars ($5,000);
169+42 (2) injunctive relief; and
170+ES 17—LS 6110/DI 106 4
171+1 (3) court costs, reasonable attorney's fees, and other
172+2 reasonable expenses of litigation, including expert witness
173+3 fees.
174+4 Sec. 14. Adult oriented website operators must use commercially
175+5 reasonable methods to secure all information collected and
176+6 transmitted under this chapter.
177+7 Sec. 15. The attorney general may bring an action under this
178+8 chapter to obtain any or all of the following against an adult
179+9 oriented website, accessible by an Indiana resident, that does not
180+10 implement or properly use a reasonable age verification method:
181+11 (1) An injunction to enjoin future violations of this chapter.
182+12 (2) A civil penalty of not more than two hundred fifty
183+13 thousand dollars ($250,000).
184+14 (3) The attorney general's reasonable costs in:
185+15 (A) the investigation of the violations under this chapter;
186+16 and
187+17 (B) maintaining the action.
188+18 Sec. 16. When the attorney general has reasonable cause to
189+19 believe that any person has engaged in, is engaging in, or is about
190+20 to engage in a violation of this chapter, the attorney general is
191+21 empowered to issue civil investigative demands under IC 4-6-3-3
192+22 to investigate the suspected violation.
193+23 Sec. 17. In an action filed under sections 11, 12, 13, and 15 of
194+24 this chapter, the verification information of a minor who accessed
195+25 the adult oriented website shall remain confidential. The clerk of
196+26 the court shall place all records of the minor who accessed the
197+27 adult oriented website in an envelope marked "confidential" inside
198+28 the court's file pertaining to the minor. Records placed in the
199+29 confidential envelope may only be released to:
200+30 (1) the judge or any authorized staff member;
201+31 (2) a party and the party's attorney;
202+32 (3) the parents of a minor who accessed the adult oriented
203+33 website; or
204+34 (4) any person having a legitimate interest in the work of the
205+35 court or in a particular case as determined by the presiding
206+36 judge or their successor who shall consider the best interests,
207+37 safety, and welfare of the minor.
208+38 SECTION 2. IC 24-4.9-2-10, AS ADDED BY P.L.125-2006,
209+39 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
210+40 JULY 1, 2024]: Sec. 10. "Personal information" means:
211+41 (1) a Social Security number that is not encrypted or redacted; or
212+42 (2) an individual's first and last names, or first initial and last
213+ES 17—LS 6110/DI 106 5
214+1 name, and one (1) or more of the following data elements that are
215+2 not encrypted or redacted:
216+3 (A) A driver's license number.
217+4 (B) A state identification card number.
218+5 (C) A credit card number.
219+6 (D) A financial account number or debit card number in
220+7 combination with a security code, password, or access code
221+8 that would permit access to the person's account; or
222+9 (3) information collected by an adult oriented website
223+10 operator, or their designee, under IC 24-4-23.
224+11 The term does not include information that is lawfully obtained from
225+12 publicly available information or from federal, state, or local
226+13 government records lawfully made available to the general public.
227+14 SECTION 3. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
228+15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
229+16 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
230+17 abusive, or deceptive act, omission, or practice in connection with a
231+18 consumer transaction. Such an act, omission, or practice by a supplier
232+19 is a violation of this chapter whether it occurs before, during, or after
233+20 the transaction. An act, omission, or practice prohibited by this section
234+21 includes both implicit and explicit misrepresentations.
235+22 (b) Without limiting the scope of subsection (a), the following acts,
236+23 and the following representations as to the subject matter of a
237+24 consumer transaction, made orally, in writing, or by electronic
238+25 communication, by a supplier, are deceptive acts:
239+26 (1) That such subject of a consumer transaction has sponsorship,
240+27 approval, performance, characteristics, accessories, uses, or
241+28 benefits it does not have which the supplier knows or should
242+29 reasonably know it does not have.
243+30 (2) That such subject of a consumer transaction is of a particular
244+31 standard, quality, grade, style, or model, if it is not and if the
245+32 supplier knows or should reasonably know that it is not.
246+33 (3) That such subject of a consumer transaction is new or unused,
247+34 if it is not and if the supplier knows or should reasonably know
248+35 that it is not.
249+36 (4) That such subject of a consumer transaction will be supplied
250+37 to the public in greater quantity than the supplier intends or
251+38 reasonably expects.
252+39 (5) That replacement or repair constituting the subject of a
253+40 consumer transaction is needed, if it is not and if the supplier
254+41 knows or should reasonably know that it is not.
255+42 (6) That a specific price advantage exists as to such subject of a
256+ES 17—LS 6110/DI 106 6
257+1 consumer transaction, if it does not and if the supplier knows or
258+2 should reasonably know that it does not.
259+3 (7) That the supplier has a sponsorship, approval, or affiliation in
260+4 such consumer transaction the supplier does not have, and which
261+5 the supplier knows or should reasonably know that the supplier
262+6 does not have.
263+7 (8) That such consumer transaction involves or does not involve
264+8 a warranty, a disclaimer of warranties, or other rights, remedies,
265+9 or obligations, if the representation is false and if the supplier
266+10 knows or should reasonably know that the representation is false.
267+11 (9) That the consumer will receive a rebate, discount, or other
268+12 benefit as an inducement for entering into a sale or lease in return
269+13 for giving the supplier the names of prospective consumers or
270+14 otherwise helping the supplier to enter into other consumer
271+15 transactions, if earning the benefit, rebate, or discount is
272+16 contingent upon the occurrence of an event subsequent to the time
273+17 the consumer agrees to the purchase or lease.
274+18 (10) That the supplier is able to deliver or complete the subject of
275+19 the consumer transaction within a stated period of time, when the
276+20 supplier knows or should reasonably know the supplier could not.
277+21 If no time period has been stated by the supplier, there is a
278+22 presumption that the supplier has represented that the supplier
279+23 will deliver or complete the subject of the consumer transaction
280+24 within a reasonable time, according to the course of dealing or the
281+25 usage of the trade.
282+26 (11) That the consumer will be able to purchase the subject of the
283+27 consumer transaction as advertised by the supplier, if the supplier
284+28 does not intend to sell it.
285+29 (12) That the replacement or repair constituting the subject of a
286+30 consumer transaction can be made by the supplier for the estimate
287+31 the supplier gives a customer for the replacement or repair, if the
288+32 specified work is completed and:
289+33 (A) the cost exceeds the estimate by an amount equal to or
290+34 greater than ten percent (10%) of the estimate;
291+35 (B) the supplier did not obtain written permission from the
292+36 customer to authorize the supplier to complete the work even
293+37 if the cost would exceed the amounts specified in clause (A);
294+38 (C) the total cost for services and parts for a single transaction
295+39 is more than seven hundred fifty dollars ($750); and
296+40 (D) the supplier knew or reasonably should have known that
297+41 the cost would exceed the estimate in the amounts specified in
298+42 clause (A).
299+ES 17—LS 6110/DI 106 7
300+1 (13) That the replacement or repair constituting the subject of a
301+2 consumer transaction is needed, and that the supplier disposes of
302+3 the part repaired or replaced earlier than seventy-two (72) hours
303+4 after both:
304+5 (A) the customer has been notified that the work has been
305+6 completed; and
306+7 (B) the part repaired or replaced has been made available for
307+8 examination upon the request of the customer.
308+9 (14) Engaging in the replacement or repair of the subject of a
309+10 consumer transaction if the consumer has not authorized the
310+11 replacement or repair, and if the supplier knows or should
311+12 reasonably know that it is not authorized.
312+13 (15) The act of misrepresenting the geographic location of the
313+14 supplier by listing an alternate business name or an assumed
314+15 business name (as described in IC 23-0.5-3-4) in a local telephone
315+16 directory if:
316+17 (A) the name misrepresents the supplier's geographic location;
317+18 (B) the listing fails to identify the locality and state of the
318+19 supplier's business;
319+20 (C) calls to the local telephone number are routinely forwarded
320+21 or otherwise transferred to a supplier's business location that
321+22 is outside the calling area covered by the local telephone
322+23 directory; and
323+24 (D) the supplier's business location is located in a county that
324+25 is not contiguous to a county in the calling area covered by the
325+26 local telephone directory.
326+27 (16) The act of listing an alternate business name or assumed
327+28 business name (as described in IC 23-0.5-3-4) in a directory
328+29 assistance data base if:
329+30 (A) the name misrepresents the supplier's geographic location;
330+31 (B) calls to the local telephone number are routinely forwarded
331+32 or otherwise transferred to a supplier's business location that
332+33 is outside the local calling area; and
333+34 (C) the supplier's business location is located in a county that
334+35 is not contiguous to a county in the local calling area.
335+36 (17) The violation by a supplier of IC 24-3-4 concerning
336+37 cigarettes for import or export.
337+38 (18) The act of a supplier in knowingly selling or reselling a
338+39 product to a consumer if the product has been recalled, whether
339+40 by the order of a court or a regulatory body, or voluntarily by the
340+41 manufacturer, distributor, or retailer, unless the product has been
341+42 repaired or modified to correct the defect that was the subject of
342+ES 17—LS 6110/DI 106 8
343+1 the recall.
344+2 (19) The violation by a supplier of 47 U.S.C. 227, including any
345+3 rules or regulations issued under 47 U.S.C. 227.
346+4 (20) The violation by a supplier of the federal Fair Debt
347+5 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
348+6 rules or regulations issued under the federal Fair Debt Collection
349+7 Practices Act (15 U.S.C. 1692 et seq.).
350+8 (21) A violation of IC 24-5-7 (concerning health spa services), as
351+9 set forth in IC 24-5-7-17.
352+10 (22) A violation of IC 24-5-8 (concerning business opportunity
353+11 transactions), as set forth in IC 24-5-8-20.
354+12 (23) A violation of IC 24-5-10 (concerning home consumer
355+13 transactions), as set forth in IC 24-5-10-18.
356+14 (24) A violation of IC 24-5-11 (concerning real property
357+15 improvement contracts), as set forth in IC 24-5-11-14.
358+16 (25) A violation of IC 24-5-12 (concerning telephone
359+17 solicitations), as set forth in IC 24-5-12-23.
360+18 (26) A violation of IC 24-5-13.5 (concerning buyback motor
361+19 vehicles), as set forth in IC 24-5-13.5-14.
362+20 (27) A violation of IC 24-5-14 (concerning automatic
363+21 dialing-announcing devices), as set forth in IC 24-5-14-13.
364+22 (28) A violation of IC 24-5-15 (concerning credit services
365+23 organizations), as set forth in IC 24-5-15-11.
366+24 (29) A violation of IC 24-5-16 (concerning unlawful motor
367+25 vehicle subleasing), as set forth in IC 24-5-16-18.
368+26 (30) A violation of IC 24-5-17 (concerning environmental
369+27 marketing claims), as set forth in IC 24-5-17-14.
370+28 (31) A violation of IC 24-5-19 (concerning deceptive commercial
371+29 solicitation), as set forth in IC 24-5-19-11.
372+30 (32) A violation of IC 24-5-21 (concerning prescription drug
373+31 discount cards), as set forth in IC 24-5-21-7.
374+32 (33) A violation of IC 24-5-23.5-7 (concerning real estate
375+33 appraisals), as set forth in IC 24-5-23.5-9.
376+34 (34) A violation of IC 24-5-26 (concerning identity theft), as set
377+35 forth in IC 24-5-26-3.
378+36 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
379+37 as set forth in IC 24-5.5-6-1.
380+38 (36) A violation of IC 24-8 (concerning promotional gifts and
381+39 contests), as set forth in IC 24-8-6-3.
382+40 (37) A violation of IC 21-18.5-6 (concerning representations
383+41 made by a postsecondary credit bearing proprietary educational
384+42 institution), as set forth in IC 21-18.5-6-22.5.
385+ES 17—LS 6110/DI 106 9
386+1 (38) A violation of IC 24-5-15.5 (concerning collection actions of
387+2 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
388+3 (39) A violation of IC 24-14 (concerning towing services), as set
389+4 forth in IC 24-14-10-1.
390+5 (40) A violation of IC 24-5-14.5 (concerning misleading or
391+6 inaccurate caller identification information), as set forth in
392+7 IC 24-5-14.5-12.
393+8 (41) A violation of IC 24-5-27 (concerning intrastate inmate
394+9 calling services), as set forth in IC 24-5-27-27.
395+10 (42) A violation of IC 24-4-23 (concerning the security of
396+11 information collected and transmitted by an adult oriented
397+12 website operator), as set forth in IC 24-4-23-14.
398+13 (c) Any representations on or within a product or its packaging or
399+14 in advertising or promotional materials which would constitute a
400+15 deceptive act shall be the deceptive act both of the supplier who places
401+16 such representation thereon or therein, or who authored such materials,
402+17 and such other suppliers who shall state orally or in writing that such
403+18 representation is true if such other supplier shall know or have reason
404+19 to know that such representation was false.
405+20 (d) If a supplier shows by a preponderance of the evidence that an
406+21 act resulted from a bona fide error notwithstanding the maintenance of
407+22 procedures reasonably adopted to avoid the error, such act shall not be
408+23 deceptive within the meaning of this chapter.
409+24 (e) It shall be a defense to any action brought under this chapter that
410+25 the representation constituting an alleged deceptive act was one made
411+26 in good faith by the supplier without knowledge of its falsity and in
412+27 reliance upon the oral or written representations of the manufacturer,
413+28 the person from whom the supplier acquired the product, any testing
414+29 organization, or any other person provided that the source thereof is
415+30 disclosed to the consumer.
416+31 (f) For purposes of subsection (b)(12), a supplier that provides
417+32 estimates before performing repair or replacement work for a customer
418+33 shall give the customer a written estimate itemizing as closely as
419+34 possible the price for labor and parts necessary for the specific job
420+35 before commencing the work.
421+36 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
422+37 company or other provider of a telephone directory or directory
423+38 assistance service or its officer or agent is immune from liability for
424+39 publishing the listing of an alternate business name or assumed
425+40 business name of a supplier in its directory or directory assistance data
426+41 base unless the telephone company or other provider of a telephone
427+42 directory or directory assistance service is the same person as the
428+ES 17—LS 6110/DI 106 10
429+1 supplier who has committed the deceptive act.
430+2 (h) For purposes of subsection (b)(18), it is an affirmative defense
431+3 to any action brought under this chapter that the product has been
432+4 altered by a person other than the defendant to render the product
433+5 completely incapable of serving its original purpose.
434+ES 17—LS 6110/DI 106 11
435+COMMITTEE REPORT
436+Madam President: The Senate Committee on Judiciary, to which
437+was referred Senate Bill No. 17, has had the same under consideration
438+and begs leave to report the same back to the Senate with the
439+recommendation that said bill be AMENDED as follows:
440+Page 1, line 10, after "website." insert "The term does not include
441+the following:
25442 (1) A newspaper or news service that publishes news related
26443 information through a website.
27444 (2) A cloud service provider.
28445 (3) An Internet provider, an affiliate or subsidiary of an
29446 Internet provider, or a search engine that:
30447 (A) solely provides access or connection to a website or
31448 other Internet content that is not under the control of that
32449 Internet service provider, affiliate or subsidiary, or search
33450 engine; and
34451 (B) is not responsible for creating or publishing the content
35-that constitutes material harmful to minors.
36-SEA 17 — Concur 2
37-Sec. 3. "Material harmful to minors" means matter or a
38-performance described in IC 35-49-2-2.
39-Sec. 4. "Minor" means a person less than eighteen (18) years of
40-age.
41-Sec. 5. "Mobile credential" has the meaning set forth in
42-IC 9-13-2-103.4.
43-Sec. 6. "Person" means a human being, a corporation, a limited
452+that constitutes material harmful to minors.".
453+and when so amended that said bill do pass.
454+(Reference is to SB 17 as introduced.)
455+BROWN L, Chairperson
456+Committee Vote: Yeas 10, Nays 0.
457+_____
458+SENATE MOTION
459+Madam President: I move that Senate Bill 17 be amended to read as
460+follows:
461+Page 3, delete lines 39 through 42.
462+Delete page 4.
463+(Reference is to SB 17 as printed January 12, 2024.)
464+BOHACEK
465+ES 17—LS 6110/DI 106 12
466+COMMITTEE REPORT
467+Mr. Speaker: Your Committee on Judiciary, to which was referred
468+Senate Bill 17, has had the same under consideration and begs leave to
469+report the same back to the House with the recommendation that said
470+bill be amended as follows:
471+Page 2, between lines 11 and 12, begin a new paragraph and insert:
472+"Sec. 6. "Person" means a human being, a corporation, a limited
44473 liability company, a partnership, an unincorporated association, or
45-a governmental entity.
46-Sec. 7. "Reasonable age verification method" means a method
47-of determining that an individual seeking to access a website
48-containing material harmful to minors is not a minor by using one
49-(1) or more of the following methods:
50-(1) A mobile credential.
51-(2) An independent third party age verification service that
52-compares the identifying information entered by the
53-individual who is seeking access with material that is available
54-from a commercially available data base, or an aggregate of
55-data bases, that is regularly used by government agencies and
56-businesses for the purpose of age and identity verification.
57-(3) Any commercially reasonable method that relies on public
58-or private transactional data to verify the age of the
59-individual attempting to access the material.
60-Sec. 8. "Transactional data" means a sequence of information
61-that documents an exchange, agreement, or transfer between an
62-individual, commercial entity, or third party used for the purpose
63-of satisfying a request or event. The term includes records that
64-relate to a mortgage, education, or employment.
65-Sec. 9. "Verification information" means all information, data,
474+a governmental entity.".
475+Page 2, line 12, delete "Sec. 6." and insert "Sec. 7.".
476+Page 2, line 26, delete "Sec. 7." and insert "Sec. 8.".
477+Page 2, between lines 30 and 31, begin a new paragraph and insert:
478+"Sec. 9. "Verification information" means all information, data,
66479 and documents provided by an individual for the purposes of
67-verification of identity or age under this chapter.
68-Sec. 10. An adult oriented website operator may not knowingly
69-or intentionally publish an adult oriented website unless the adult
70-oriented website operator uses a reasonable age verification
71-method to prevent a minor from accessing the adult oriented
72-website.
73-Sec. 11. (a) If:
74-(1) an adult oriented website operator knowingly or
75-intentionally publishes an adult oriented website in violation
76-of section 10 of this chapter; and
77-(2) a minor accesses the adult oriented website;
78-the parent or guardian of the minor who accessed the adult
79-SEA 17 — Concur 3
80-oriented website may bring an action against the adult oriented
81-website operator.
82-(b) A parent or guardian who prevails in an action described in
83-this section is entitled to:
84-(1) either:
85-(A) actual damages; or
86-(B) damages of up to five thousand dollars ($5,000);
87-(2) injunctive relief; and
88-(3) court costs, reasonable attorney's fees, and other
89-reasonable expenses of litigation, including expert witness
90-fees.
91-Sec. 12. (a) If an adult oriented website operator publishes an
92-adult oriented website in violation of section 10 of this chapter, any
93-person may bring an action to seek injunctive relief.
94-(b) A person that brings an action for injunctive relief under
95-this section and prevails is entitled to:
96-(1) injunctive relief; and
97-(2) court costs, reasonable attorney's fees, and other
98-reasonable expenses of litigation, including expert witness
99-fees.
100-Sec. 13. (a) This section applies to a person that uses or purports
101-to use a reasonable age verification method to grant or deny access
102-to an adult oriented website.
103-(b) A person to which this section applies, and any third party
104-verification service used by a person to which this section applies,
105-may not retain identifying information of the person seeking access
106-to an adult oriented website, unless retention of the identifying
107-information is required by a court order.
108-(c) An individual whose identifying information is retained in
109-violation of this section may bring an action against the person that
110-unlawfully retained the individual's identifying information. An
111-individual who prevails in an action described in this section is
112-entitled to:
113-(1) either:
114-(A) actual damages; or
115-(B) damages of up to five thousand dollars ($5,000);
116-(2) injunctive relief; and
117-(3) court costs, reasonable attorney's fees, and other
118-reasonable expenses of litigation, including expert witness
119-fees.
120-Sec. 14. Adult oriented website operators must use commercially
121-reasonable methods to secure all information collected and
122-SEA 17 — Concur 4
123-transmitted under this chapter.
480+verification of identity or age under this chapter.".
481+Page 2, line 31, delete "Sec. 8." and insert "Sec. 10.".
482+Page 2, line 36, delete "Sec. 9." and insert "Sec. 11.".
483+Page 2, line 39, delete "8" and insert "10".
484+Page 3, line 6, delete "liquidated damages of one thousand dollars
485+($1,000);" and insert "damages of up to five thousand dollars
486+($5,000);".
487+Page 3, line 11, delete "Sec. 10." and insert "Sec. 12.".
488+Page 3, line 12, delete "8" and insert "10".
489+Page 3, line 20, delete "Sec. 11." and insert "Sec. 13.".
490+Page 3, line 23, delete "applies" and insert "applies, and any third
491+party verification service used by a person to which this section
492+applies,".
493+Page 3, line 34, delete "liquidated damages of one thousand dollars
494+($1,000);" and insert "damages of up to five thousand dollars
495+($5,000);".
496+Page 3, after line 38, begin a new paragraph and insert:
497+"Sec. 14. Adult oriented website operators must use
498+commercially reasonable methods to secure all information
499+collected and transmitted under this chapter.
124500 Sec. 15. The attorney general may bring an action under this
125501 chapter to obtain any or all of the following against an adult
126502 oriented website, accessible by an Indiana resident, that does not
127503 implement or properly use a reasonable age verification method:
128504 (1) An injunction to enjoin future violations of this chapter.
129505 (2) A civil penalty of not more than two hundred fifty
130506 thousand dollars ($250,000).
507+ES 17—LS 6110/DI 106 13
131508 (3) The attorney general's reasonable costs in:
132509 (A) the investigation of the violations under this chapter;
133510 and
134511 (B) maintaining the action.
135512 Sec. 16. When the attorney general has reasonable cause to
136513 believe that any person has engaged in, is engaging in, or is about
137514 to engage in a violation of this chapter, the attorney general is
138515 empowered to issue civil investigative demands under IC 4-6-3-3
139516 to investigate the suspected violation.
140517 Sec. 17. In an action filed under sections 11, 12, 13, and 15 of
141518 this chapter, the verification information of a minor who accessed
142519 the adult oriented website shall remain confidential. The clerk of
143520 the court shall place all records of the minor who accessed the
144521 adult oriented website in an envelope marked "confidential" inside
145522 the court's file pertaining to the minor. Records placed in the
146523 confidential envelope may only be released to:
147524 (1) the judge or any authorized staff member;
148525 (2) a party and the party's attorney;
149526 (3) the parents of a minor who accessed the adult oriented
150527 website; or
151528 (4) any person having a legitimate interest in the work of the
152529 court or in a particular case as determined by the presiding
153530 judge or their successor who shall consider the best interests,
154531 safety, and welfare of the minor.
155532 SECTION 2. IC 24-4.9-2-10, AS ADDED BY P.L.125-2006,
156533 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157534 JULY 1, 2024]: Sec. 10. "Personal information" means:
158535 (1) a Social Security number that is not encrypted or redacted; or
159536 (2) an individual's first and last names, or first initial and last
160537 name, and one (1) or more of the following data elements that are
161538 not encrypted or redacted:
162539 (A) A driver's license number.
163540 (B) A state identification card number.
164541 (C) A credit card number.
165-SEA 17 — Concur 5
166542 (D) A financial account number or debit card number in
167543 combination with a security code, password, or access code
168544 that would permit access to the person's account; or
169545 (3) information collected by an adult oriented website
170546 operator, or their designee, under IC 24-4-23.
171547 The term does not include information that is lawfully obtained from
172548 publicly available information or from federal, state, or local
173549 government records lawfully made available to the general public.
550+ES 17—LS 6110/DI 106 14
174551 SECTION 3. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
175552 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
176553 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
177554 abusive, or deceptive act, omission, or practice in connection with a
178555 consumer transaction. Such an act, omission, or practice by a supplier
179556 is a violation of this chapter whether it occurs before, during, or after
180557 the transaction. An act, omission, or practice prohibited by this section
181558 includes both implicit and explicit misrepresentations.
182559 (b) Without limiting the scope of subsection (a), the following acts,
183560 and the following representations as to the subject matter of a
184561 consumer transaction, made orally, in writing, or by electronic
185562 communication, by a supplier, are deceptive acts:
186563 (1) That such subject of a consumer transaction has sponsorship,
187564 approval, performance, characteristics, accessories, uses, or
188565 benefits it does not have which the supplier knows or should
189566 reasonably know it does not have.
190567 (2) That such subject of a consumer transaction is of a particular
191568 standard, quality, grade, style, or model, if it is not and if the
192569 supplier knows or should reasonably know that it is not.
193570 (3) That such subject of a consumer transaction is new or unused,
194571 if it is not and if the supplier knows or should reasonably know
195572 that it is not.
196573 (4) That such subject of a consumer transaction will be supplied
197574 to the public in greater quantity than the supplier intends or
198575 reasonably expects.
199576 (5) That replacement or repair constituting the subject of a
200577 consumer transaction is needed, if it is not and if the supplier
201578 knows or should reasonably know that it is not.
202579 (6) That a specific price advantage exists as to such subject of a
203580 consumer transaction, if it does not and if the supplier knows or
204581 should reasonably know that it does not.
205582 (7) That the supplier has a sponsorship, approval, or affiliation in
206583 such consumer transaction the supplier does not have, and which
207584 the supplier knows or should reasonably know that the supplier
208-SEA 17 — Concur 6
209585 does not have.
210586 (8) That such consumer transaction involves or does not involve
211587 a warranty, a disclaimer of warranties, or other rights, remedies,
212588 or obligations, if the representation is false and if the supplier
213589 knows or should reasonably know that the representation is false.
214590 (9) That the consumer will receive a rebate, discount, or other
215591 benefit as an inducement for entering into a sale or lease in return
216592 for giving the supplier the names of prospective consumers or
593+ES 17—LS 6110/DI 106 15
217594 otherwise helping the supplier to enter into other consumer
218595 transactions, if earning the benefit, rebate, or discount is
219596 contingent upon the occurrence of an event subsequent to the time
220597 the consumer agrees to the purchase or lease.
221598 (10) That the supplier is able to deliver or complete the subject of
222599 the consumer transaction within a stated period of time, when the
223600 supplier knows or should reasonably know the supplier could not.
224601 If no time period has been stated by the supplier, there is a
225602 presumption that the supplier has represented that the supplier
226603 will deliver or complete the subject of the consumer transaction
227604 within a reasonable time, according to the course of dealing or the
228605 usage of the trade.
229606 (11) That the consumer will be able to purchase the subject of the
230607 consumer transaction as advertised by the supplier, if the supplier
231608 does not intend to sell it.
232609 (12) That the replacement or repair constituting the subject of a
233610 consumer transaction can be made by the supplier for the estimate
234611 the supplier gives a customer for the replacement or repair, if the
235612 specified work is completed and:
236613 (A) the cost exceeds the estimate by an amount equal to or
237614 greater than ten percent (10%) of the estimate;
238615 (B) the supplier did not obtain written permission from the
239616 customer to authorize the supplier to complete the work even
240617 if the cost would exceed the amounts specified in clause (A);
241618 (C) the total cost for services and parts for a single transaction
242619 is more than seven hundred fifty dollars ($750); and
243620 (D) the supplier knew or reasonably should have known that
244621 the cost would exceed the estimate in the amounts specified in
245622 clause (A).
246623 (13) That the replacement or repair constituting the subject of a
247624 consumer transaction is needed, and that the supplier disposes of
248625 the part repaired or replaced earlier than seventy-two (72) hours
249626 after both:
250627 (A) the customer has been notified that the work has been
251-SEA 17 — Concur 7
252628 completed; and
253629 (B) the part repaired or replaced has been made available for
254630 examination upon the request of the customer.
255631 (14) Engaging in the replacement or repair of the subject of a
256632 consumer transaction if the consumer has not authorized the
257633 replacement or repair, and if the supplier knows or should
258634 reasonably know that it is not authorized.
259635 (15) The act of misrepresenting the geographic location of the
636+ES 17—LS 6110/DI 106 16
260637 supplier by listing an alternate business name or an assumed
261638 business name (as described in IC 23-0.5-3-4) in a local telephone
262639 directory if:
263640 (A) the name misrepresents the supplier's geographic location;
264641 (B) the listing fails to identify the locality and state of the
265642 supplier's business;
266643 (C) calls to the local telephone number are routinely forwarded
267644 or otherwise transferred to a supplier's business location that
268645 is outside the calling area covered by the local telephone
269646 directory; and
270647 (D) the supplier's business location is located in a county that
271648 is not contiguous to a county in the calling area covered by the
272649 local telephone directory.
273650 (16) The act of listing an alternate business name or assumed
274651 business name (as described in IC 23-0.5-3-4) in a directory
275652 assistance data base if:
276653 (A) the name misrepresents the supplier's geographic location;
277654 (B) calls to the local telephone number are routinely forwarded
278655 or otherwise transferred to a supplier's business location that
279656 is outside the local calling area; and
280657 (C) the supplier's business location is located in a county that
281658 is not contiguous to a county in the local calling area.
282659 (17) The violation by a supplier of IC 24-3-4 concerning
283660 cigarettes for import or export.
284661 (18) The act of a supplier in knowingly selling or reselling a
285662 product to a consumer if the product has been recalled, whether
286663 by the order of a court or a regulatory body, or voluntarily by the
287664 manufacturer, distributor, or retailer, unless the product has been
288665 repaired or modified to correct the defect that was the subject of
289666 the recall.
290667 (19) The violation by a supplier of 47 U.S.C. 227, including any
291668 rules or regulations issued under 47 U.S.C. 227.
292669 (20) The violation by a supplier of the federal Fair Debt
293670 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
294-SEA 17 — Concur 8
295671 rules or regulations issued under the federal Fair Debt Collection
296672 Practices Act (15 U.S.C. 1692 et seq.).
297673 (21) A violation of IC 24-5-7 (concerning health spa services), as
298674 set forth in IC 24-5-7-17.
299675 (22) A violation of IC 24-5-8 (concerning business opportunity
300676 transactions), as set forth in IC 24-5-8-20.
301677 (23) A violation of IC 24-5-10 (concerning home consumer
302678 transactions), as set forth in IC 24-5-10-18.
679+ES 17—LS 6110/DI 106 17
303680 (24) A violation of IC 24-5-11 (concerning real property
304681 improvement contracts), as set forth in IC 24-5-11-14.
305682 (25) A violation of IC 24-5-12 (concerning telephone
306683 solicitations), as set forth in IC 24-5-12-23.
307684 (26) A violation of IC 24-5-13.5 (concerning buyback motor
308685 vehicles), as set forth in IC 24-5-13.5-14.
309686 (27) A violation of IC 24-5-14 (concerning automatic
310687 dialing-announcing devices), as set forth in IC 24-5-14-13.
311688 (28) A violation of IC 24-5-15 (concerning credit services
312689 organizations), as set forth in IC 24-5-15-11.
313690 (29) A violation of IC 24-5-16 (concerning unlawful motor
314691 vehicle subleasing), as set forth in IC 24-5-16-18.
315692 (30) A violation of IC 24-5-17 (concerning environmental
316693 marketing claims), as set forth in IC 24-5-17-14.
317694 (31) A violation of IC 24-5-19 (concerning deceptive commercial
318695 solicitation), as set forth in IC 24-5-19-11.
319696 (32) A violation of IC 24-5-21 (concerning prescription drug
320697 discount cards), as set forth in IC 24-5-21-7.
321698 (33) A violation of IC 24-5-23.5-7 (concerning real estate
322699 appraisals), as set forth in IC 24-5-23.5-9.
323700 (34) A violation of IC 24-5-26 (concerning identity theft), as set
324701 forth in IC 24-5-26-3.
325702 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
326703 as set forth in IC 24-5.5-6-1.
327704 (36) A violation of IC 24-8 (concerning promotional gifts and
328705 contests), as set forth in IC 24-8-6-3.
329706 (37) A violation of IC 21-18.5-6 (concerning representations
330707 made by a postsecondary credit bearing proprietary educational
331708 institution), as set forth in IC 21-18.5-6-22.5.
332709 (38) A violation of IC 24-5-15.5 (concerning collection actions of
333710 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
334711 (39) A violation of IC 24-14 (concerning towing services), as set
335712 forth in IC 24-14-10-1.
336713 (40) A violation of IC 24-5-14.5 (concerning misleading or
337-SEA 17 — Concur 9
338714 inaccurate caller identification information), as set forth in
339715 IC 24-5-14.5-12.
340716 (41) A violation of IC 24-5-27 (concerning intrastate inmate
341717 calling services), as set forth in IC 24-5-27-27.
342718 (42) A violation of IC 24-4-23 (concerning the security of
343719 information collected and transmitted by an adult oriented
344720 website operator), as set forth in IC 24-4-23-14.
345721 (c) Any representations on or within a product or its packaging or
722+ES 17—LS 6110/DI 106 18
346723 in advertising or promotional materials which would constitute a
347724 deceptive act shall be the deceptive act both of the supplier who places
348725 such representation thereon or therein, or who authored such materials,
349726 and such other suppliers who shall state orally or in writing that such
350727 representation is true if such other supplier shall know or have reason
351728 to know that such representation was false.
352729 (d) If a supplier shows by a preponderance of the evidence that an
353730 act resulted from a bona fide error notwithstanding the maintenance of
354731 procedures reasonably adopted to avoid the error, such act shall not be
355732 deceptive within the meaning of this chapter.
356733 (e) It shall be a defense to any action brought under this chapter that
357734 the representation constituting an alleged deceptive act was one made
358735 in good faith by the supplier without knowledge of its falsity and in
359736 reliance upon the oral or written representations of the manufacturer,
360737 the person from whom the supplier acquired the product, any testing
361738 organization, or any other person provided that the source thereof is
362739 disclosed to the consumer.
363740 (f) For purposes of subsection (b)(12), a supplier that provides
364741 estimates before performing repair or replacement work for a customer
365742 shall give the customer a written estimate itemizing as closely as
366743 possible the price for labor and parts necessary for the specific job
367744 before commencing the work.
368745 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
369746 company or other provider of a telephone directory or directory
370747 assistance service or its officer or agent is immune from liability for
371748 publishing the listing of an alternate business name or assumed
372749 business name of a supplier in its directory or directory assistance data
373750 base unless the telephone company or other provider of a telephone
374751 directory or directory assistance service is the same person as the
375752 supplier who has committed the deceptive act.
376753 (h) For purposes of subsection (b)(18), it is an affirmative defense
377754 to any action brought under this chapter that the product has been
378755 altered by a person other than the defendant to render the product
379-completely incapable of serving its original purpose.
380-SEA 17 — Concur President of the Senate
381-President Pro Tempore
382-Speaker of the House of Representatives
383-Governor of the State of Indiana
384-Date: Time:
385-SEA 17 — Concur
756+completely incapable of serving its original purpose.".
757+Renumber all SECTIONS consecutively.
758+and when so amended that said bill do pass.
759+(Reference is to SB 17 as reprinted January 17, 2024.)
760+JETER
761+Committee Vote: yeas 8, nays 1.
762+ES 17—LS 6110/DI 106