Legislature(2023 - 2024)
2024-04-24 House Journal
Full Journal pdf2024-04-24 House Journal Page 2408 HB 254 The following, which was held from the April 22 calendar (page 2371) was read the second time: HOUSE BILL NO. 254 "An Act relating to liability for publishing or distributing pornography to minors on the Internet." with the: Journal Page L&C RPT 1DP 1DNP 3NR 1AM 1799 FN1: ZERO(GOV/COMBINED) 1799 JUD RPT CS(JUD) 4DP 1DNP 1NR 1866 FN1: ZERO(GOV/COMBINED) 1866 Representative Saddler moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 254(JUD) "An Act relating to liability for publishing or distributing pornography to minors on the Internet." Representative Eastman objected and withdrew the objection. There being no further objection, CSHB 254(JUD) was adopted. 2024-04-24 House Journal Page 2409 Amendment No. 1 was offered by Representative Gray: Page 1, line 8, following "shall": Insert "display on the website the warning label "restricted to adults" or" Representative Gray moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ruffridge objected. Amendment No. 1 to Amendment No. 1 was offered by Representative Ruffridge: Page 1, line 2 of the amendment: Delete "or" Insert "and" Representative Ruffridge moved and asked unanimous consent that Amendment No. 1 to Amendment No. 1 be adopted. Representative Gray objected. The question being: "Shall Amendment No. 1 to Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 254(JUD) Second Reading Amendment No. 1 to Amendment No. 1 YEAS: 21 NAYS: 17 EXCUSED: 2 ABSENT: 0 Yeas: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, C.Johnson, D.Johnson, Josephson, McCabe, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, McCormick, McKay, Mears, Mina, Schrage, Story, Stutes Excused: Foster, Shaw And so, Amendment No. 1 to Amendment No. 1 was adopted. 2024-04-24 House Journal Page 2410 Representative Gray moved and asked unanimous consent to withdraw Amendment No. 1 as amended. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Gray: Page 1, lines 1 - 2 (title amendment): Delete "liability for publishing or distributing pornography to minors on the Internet" Insert "minors and the Internet" Page 4, following line 17: Insert a new bill section to read: "* Sec. 2. AS 44.30 is amended by adding a new section to read: Article 3. Parental Control Software Reimbursement. Sec. 44.30.150. Parental control software reimbursement program. (a) The department shall administer a parental control software reimbursement program. (b) The department shall reimburse a parent who applies for reimbursement and provides the department with sufficient documentation of an expenditure on parental control software for a child's Internet-connected device. The department may reimburse a parent up to $100 for parental control software for each child each year. The department shall adjust the amount of the reimbursement annually to reflect changes in the Consumer Price Index for all urban consumers for urban Alaska compiled by the Bureau of Labor Statistics, United States Department of Labor. (c) If the amount appropriated in a fiscal year is insufficient to reimburse each applicant, the department shall distribute the available funds on a pro rata basis. (d) The department may adopt regulations necessary to implement this section. (e) In this section, (1) "department" means the Department of Family and Community Services; (2) "parent" means a (A) child's natural or adoptive parent; (B) child's guardian, but not the state if the child is in the legal custody of the state; (C) person who is acting in the place of a child's 2024-04-24 House Journal Page 2411 natural or adoptive parent, such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare; and (D) child's surrogate parent who has been appointed under AS 14.30.325." Representative Gray moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 254(JUD) Second Reading Amendment No. 2 YEAS: 21 NAYS: 17 EXCUSED: 2 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, McKay, Mears, Mina, Ortiz, Prax, Schrage, Story, Stutes, Sumner Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Eastman, C.Johnson, D.Johnson, McCabe, Rauscher, Ruffridge, Saddler, Stapp, Tilton, Tomaszewski, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 2 was adopted and the new title follows: CS FOR HOUSE BILL NO. 254(JUD) am "An Act relating to minors and the Internet." Amendment No. 3 was offered by Representative Gray: Page 1, line 2, following "Internet" (title amendment): Insert "; and relating to use of social media by minors" Page 4, following line 17: Insert a new bill section to read: "* Sec. 2. AS 45.50 is amended by adding new sections to read: 2024-04-24 House Journal Page 2412 Article 5A. Social Media Platforms and Minors. Sec. 45.50.650. User age restrictions. (a) A social media platform may not allow a minor under 14 years of age who is a resident of the state to enter into a contract with the platform to create or maintain an account on the platform. (b) A social media platform may not allow a minor who is 14 or 15 years of age and a resident of the state to enter into a contract with the platform to create or maintain an account on the platform without first obtaining written consent from the minor's confirmed parent. (c) A social media platform shall verify the age of each user of the platform in the state using a commercially reasonable age verification method. In this subsection, "commercially reasonable age verification method" includes requiring the user to provide a digitized identification card, requiring the person to comply with a commercial age verification system that verifies age using government-issued identification, or another method that relies on public or private transactional data. (d) A third party that obtains identifying information about a user to verify age under (c) of this section may not retain the information after the user's age has been verified. Sec. 45.50.660. Account termination and deletion of personal information. (a) A social media platform shall terminate the account of (1) a minor under 14 years of age; and (2) a minor who is 14 or 15 years of age whose confirmed parent has not provided written consent for the minor to maintain the account. (b) A social media platform shall provide a 90-day period during which a minor user or a minor user's confirmed parent may dispute the termination of an account under (a) of this section. Termination takes effect after 90 days if the minor user or the minor user's confirmed parent does not effectively dispute the termination. (c) A social media platform shall allow a minor user under 16 years of age or the minor user's confirmed parent to request to terminate the minor's account. Account termination under this subsection must take effect within 10 business days after the termination request. (d) A social media platform shall permanently delete all 2024-04-24 House Journal Page 2413 personal information held by the social media platform related to an account terminated under this section, unless the social media platform is required by law to retain the information. Sec. 45.50.670. Enforcement and penalties. (a) If a third party providing age verification under AS 45.50.650(c) or social media platform violates AS 45.50.650 - 45.50.690, the attorney general may bring an action in superior court to seek injunctive relief, civil penalties, or other appropriate remedies. (b) A third party providing age verification under AS 45.50.650(c) or social media platform that violates AS 45.50.650 - 45.50.690 is subject to a civil penalty of not more than $10,000 for each violation. (c) When determining the amount of a civil penalty under this section, the superior court shall consider (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (2) the history of prior violations; (3) the deterrent effect of the civil penalty; (4) the economic effect of the civil penalty on the violator; (5) the violator's knowledge of the requirements of AS 45.50.650 - 45.50.690; and (6) any other information that justice requires. Sec. 45.50.680. Private right of action. If a third party providing age verification under AS 45.50.650(c) or social media platform violates AS 45.50.650 - 45.50.690, a parent or other person with legal custody of a minor user who is harmed by the violation may bring an action against the platform in superior court to seek actual damages, punitive damages, attorney fees, and costs. Sec. 45.50.690. Definitions. In AS 45.50.650 - 45.50.690, (1) "confirmed parent" means a parent or other person who has legal custody of a minor under 16 years of age and whose identity and relationship to the minor have been verified by a social media platform; (2) "minor" means an individual under 18 years of age who has not had the disabilities of a minor removed as described in AS 09.55.590; (3) "social media platform" means an online service, application, or Internet website that is available to the general 2024-04-24 House Journal Page 2414 public and that allows users to create, share, or view user- generated content, including text, images, videos, or audio; "social media platform" does not include an online service, application, or Internet website that exclusively provides (A) electronic mail services; or (B) direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and a recipient, without displaying or posting to other users not specifically identified as a recipient by the sender; (4) "user" means a person who accesses or uses a social media platform." Representative Gray moved and asked unanimous consent that Amendment No. 3 be adopted. Representative McCormick objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 3 YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Armstrong, Baker, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, Josephson, McKay, Mears, Mina, Ortiz, Prax, Ruffridge, Schrage, Stapp, Story, Stutes, Sumner, Tomaszewski, Wright Nays: Allard, Carpenter, Carrick, Eastman, Hannan, McCabe, McCormick, Rauscher, Saddler, Tilton, Vance Excused: Foster, Shaw And so, Amendment No. 3 was adopted and the new title follows: CS FOR HOUSE BILL NO. 254(JUD) am "An Act relating to minors and the Internet; and relating to use of social media by minors." Amendment No. 4 was offered by Representative Eastman: 2024-04-24 House Journal Page 2415 Page 4, line 14, following "material": Insert "on a webpage" Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Armstrong objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 4 YEAS: 6 NAYS: 32 EXCUSED: 2 ABSENT: 0 Yeas: Carrick, Eastman, D.Johnson, Rauscher, Ruffridge, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Coulombe, Cronk, Dibert, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 4 was not adopted. Amendment No. 5 was not offered. Amendment No. 6 was offered by Representative Eastman: Page 2, following line 7: Insert a new subsection to read: "(c) An entity that acts with gross negligence when verifying age under (a) of this section is liable to an individual for damages resulting from a minor accessing pornography because of the entity's gross negligence." Reletter the following subsections accordingly. 2024-04-24 House Journal Page 2416 Page 2, line 9, following "section": Insert "or an entity alleged to have acted with gross negligence when verifying age under (a) of this section" Page 2, following line 18: Insert a new subsection to read: "(f) In addition to damages under (c) of this section, an entity that acts with gross negligence when verifying age under (a) of this section is liable to the state in a civil action for (1) a civil penalty of not more than $250,000 for each individual harmed if, as a result of the entity's gross negligence, a minor accesses pornography; and (2) full reasonable attorney fees and costs." Page 2, line 19: Delete "(d)(2)" Insert "(e)(2) and (f)(1)" Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. There was objection. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 6 YEAS: 9 NAYS: 28 EXCUSED: 2 ABSENT: 1 Yeas: Carrick, Eastman, Fields, Galvin, D.Johnson, Josephson, Prax, Ruffridge, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Coulombe, Cronk, Dibert, Edgmon, Gray, Groh, Hannan, Himschoot, C.Johnson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Rauscher, Saddler, Schrage, Story, Stutes, Sumner, Tilton, Vance, Wright Excused: Foster, Shaw Absent: Stapp And so, Amendment No. 6 was not adopted. 2024-04-24 House Journal Page 2417 Amendment No. 7 was offered by Representative Eastman: Page 2, line 15, following "$250,000": Insert "for each individual harmed" Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. There was objection. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 7 YEAS: 7 NAYS: 31 EXCUSED: 2 ABSENT: 0 Yeas: Eastman, Galvin, Himschoot, Josephson, Ortiz, Ruffridge, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Gray, Groh, Hannan, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Prax, Rauscher, Saddler, Schrage, Stapp, Story, Stutes, Sumner, Tilton, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Eastman: Page 1, line 10, following "older.": Insert "When the commercial entity invites the person to use the commercially reasonable age verification method, the entity shall prominently display a message to inform the person that the webpage contains adult material." Representative Eastman moved and asked unanimous consent that Amendment No. 8 be adopted. 2024-04-24 House Journal Page 2418 There was objection. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 8 YEAS: 18 NAYS: 20 EXCUSED: 2 ABSENT: 0 Yeas: Armstrong, Carrick, Eastman, Fields, Galvin, Himschoot, D.Johnson, Josephson, Ortiz, Prax, Rauscher, Ruffridge, Schrage, Stapp, Story, Stutes, Sumner, Tomaszewski Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Dibert, Edgmon, Gray, Groh, Hannan, C.Johnson, McCabe, McCormick, McKay, Mears, Mina, Saddler, Tilton, Vance, Wright Excused: Foster, Shaw Allard changed from "YEA" to "NAY" Armstrong changed from "NAY" to "YEA" D.Johnson changed from "NAY" to "YEA" Fields changed from "NAY" to "YEA" McCabe changed from "YEA" to "NAY" Tilton changed from "YEA" to "NAY" And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Eastman: Page 2, following line 28: Insert a new subsection to read: "(f) A commercial entity that intentionally publishes or distributes in this state material that is proscribed under AS 11.61.127 is liable to an individual for damages resulting from a minor accessing the material." Reletter the following subsections accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 9 be adopted. 2024-04-24 House Journal Page 2419 There was objection. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Second Reading Amendment No. 9 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Armstrong, Eastman, Galvin, Gray, Groh, Himschoot, Josephson, Mina, Ortiz, Ruffridge, Schrage, Stapp, Story, Stutes, Sumner, Tomaszewski Nays: Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Hannan, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Prax, Rauscher, Saddler, Tilton, Vance, Wright Excused: Foster, Shaw And so, Amendment No. 9 was not adopted. Representative Saddler moved and asked unanimous consent that CSHB 254(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 254(JUD) am will advance to third reading on the April 26 calendar.