03/18/2024 01:00 PM House JUDICIARY

             HB 254-PROHIBIT PORNOGRAPHY TO MINORS                                                                          
                                                                                                                                
5:19:33 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the final order of  business would be                                                               
HOUSE BILL NO. 254, "An  Act relating to liability for publishing                                                               
or distributing pornography to minors on the Internet."                                                                         
                                                                                                                                
5:20:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD moved  to  adopt Amendment  1  to HB  254,                                                               
labeled 33-LS0990\S.1, Klein/Walsh, 3/14/24, which read:                                                                        
                                                                                                                                
     Page 2, following line 7:                                                                                                  
          Insert new subsections to read:                                                                                       
          "(c)  The attorney general may investigate an                                                                         
      alleged violation of (a) or (b) of this section and                                                                       
     may bring a civil action in superior court.                                                                                
          (d)  In addition to damages under (a) or (b) of                                                                       
     this  section,  a   commercial  entity  that  knowingly                                                                    
     violates (a)  or (b) of  this section is liable  to the                                                                    
     state in a civil action for                                                                                                
               (1)  a civil penalty  of $10,000 for each day                                                                    
     that the  commercial entity is  in violation of  (a) or                                                                    
     (b) of this section;                                                                                                       
               (2)  an additional  civil penalty of not more                                                                    
     than  $250,000  if,  as  a  result  of  the  commercial                                                                    
     entity's  violation of  (a) of  this  section, a  minor                                                                    
     accesses  pornography  that  the  entity  published  or                                                                    
     distributed; and                                                                                                           
               (3)    full   reasonable  attorney  fees  and                                                                    
     costs.                                                                                                                     
          (e)  When determining the amount of a civil                                                                           
     penalty  under (d)(2)  of  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  commercial  entity's  history  of                                                                    
     prior violations;                                                                                                          
               (3)    the  deterrent  effect  of  the  civil                                                                    
     penalty;                                                                                                                   
               (4)    the  economic   effect  of  the  civil                                                                    
     penalty on the commercial entity;                                                                                          
               (5)   the  commercial  entity's knowledge  of                                                                    
     the requirements of this section; and                                                                                      
               (6)    any  other  information  that  justice                                                                    
     requires."                                                                                                                 
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
REPRESENTATIVE CARPENTER objected for the purpose of discussion.                                                                
                                                                                                                                
5:20:16 PM                                                                                                                    
                                                                                                                                
BOB BALLINGER,  Staff, Representative  Sarah Vance,  Alaska State                                                               
Legislature, on  behalf of  Representative Vance,  prime sponsor,                                                               
explained that  Amendment 1 would  allow the attorney  general to                                                               
investigate  an  alleged  violation  and  seek  civil  action  in                                                               
superior court  if a reasonable  age verification method  was not                                                               
provided.                                                                                                                       
                                                                                                                                
5:22:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY  asked  whether  there  was  a  fiscal  note                                                               
associated with the proposed amendment.                                                                                         
                                                                                                                                
MR. BALLINGER answered  no, as the attorney general  would not be                                                               
obligated to act  as enforcement.  Conversely,  he suggested that                                                               
revenue  could  be generated  by  the  attorney general  bringing                                                               
civil action against a noncompliant entity.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRAY asked  how  the law  would  be enforced  for                                                               
international websites.                                                                                                         
                                                                                                                                
MR.  BALLINGER said  it would  depend on  the entity  and whether                                                               
that entity  has assets  in the  United States.   He  pointed out                                                               
that  Pornhub   amounts  to   a  huge   portion  of   the  online                                                               
pornographic  content;  consequently,  if Pornhub  complies  with                                                               
this law, it should limit kids' access [to adult content].                                                                      
                                                                                                                                
REPRESENTATIVE GRAY  sought to confirm that  if Pornhub complies,                                                               
international  websites  with  less  regulation  would  still  be                                                               
accessible to minors.                                                                                                           
                                                                                                                                
MR.  BALLINGER  said  regulation  would  be  the  same  [for  all                                                               
websites].     He  expressed  his   hope  that  if   the  largest                                                               
[pornographic  websites]  comply,  it  would make  a  big  enough                                                               
impact to help some children.                                                                                                   
                                                                                                                                
5:26:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  removed his objection.   There being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
CHAIR VANCE sought closing remarks from committee members.                                                                      
                                                                                                                                
5:27:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRAY reported  that online  searches for  virtual                                                               
private networks  (VPN) increased by  more than 1,750  percent in                                                               
Texas as  a result of  Pornhub's restricted access in  the state.                                                               
He shared  his belief  that it  would be easy  to get  around the                                                               
proposed  legislation  and  that  it  could  result  in  harmful,                                                               
unintended  consequences,   such  as  children   accessing  worse                                                               
pornography.                                                                                                                    
                                                                                                                                
5:28:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD said  she respected  Representative Gray's                                                               
comments;  however, she  expressed concern  that failure  to pass                                                               
the legislation would imply that it does not matter.                                                                            
                                                                                                                                
5:29:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD moved to report  HB 254, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
5:29:54 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Carpenter,  C.                                                               
Johnson, Groh, Allard,  and Vance voted in favor  of reporting HB
,  as  amended, from  committee.    Representative Gray  voted                                                               
against it.   Therefore,  CSHB 254(JUD) was  reported out  of the                                                               
House Judiciary Standing Committee by a vote of 5-1.