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HOUSE BILL 313
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Linda Serrato
AN ACT
RELATING TO CONSUMER PROTECTION; ENACTING THE DIGITAL AGE
VERIFICATION ACT; DEFINING TERMS; PROVIDING ENFORCEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Digital Age Verification Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Digital Age Verification Act:
A. "application store" means a publicly available
website, software application or online service that
distributes the software applications of third-party platforms
to a computer, mobile device or other computing device;
B. "covered manufacturer" means a manufacturer of a
device, an operating system for a device or an application
store;
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C. "department" means the state department of
justice; and
D. "device" means a device or a portion of a device
that communicates across a network with computers or other
devices to transmit, receive or store data and includes a
desktop, laptop, cellular telephone, tablet or other device
that communicates with or across a network.
SECTION 3. [NEW MATERIAL] AGE VERIFICATION REQUIRED.--
A. A covered manufacturer shall take commercially
reasonable and technically feasible steps to:
(1) equip each device to determine or estimate
the age of the device's user or users upon initial activation;
(2) provide websites, applications and online
services with a digital signal indicating whether a person is
under the age of thirteen, thirteen years of age to fifteen
years of age, sixteen years of age to seventeen years of age or
eighteen years of age or older through a real-time application
programming interface; and
(3) if the covered manufacturer is an
application store, obtain parental or guardian consent prior to
allowing a person under sixteen years of age to download an
application from the application store and connect the
developer of the application with the approving parent or
guardian to facilitate supervision tools.
B. For devices sold prior to January 1, 2026,
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covered manufacturers shall ensure that the requirements of
Subsection A of this section are included in the device's
operating system and application store versions and updates by
default ninety days after the effective date of the Digital Age
Verification Act.
C. The department may promulgate rules in
accordance with the Digital Age Verification Act to implement
the provisions of that act.
SECTION 4. [NEW MATERIAL] ENFORCEMENT.--A violation of
the Digital Age Verification Act is an unfair and deceptive
trade practice actionable under the Unfair Practices Act.
SECTION 5. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.
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