HB2115 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 29, to read:

CHAPTER 29

PERSONAL ELECTRONIC DEVICES

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE44-7201. Definitions

In this chapter, unless the context otherwise requires:

1. "Activate" means the process of powering on a device and associating it with a new user account.

2. "Device" means a tablet or a smartphone.

3. "Filter" means software that is installed on a device and that is capable of preventing the device from accessing or displaying material that is harmful to minors through the Internet or any applications owned and controlled by the manufacturer and installed on the device.

4. "Harmful to minors" has the same meaning prescribed in section 13-3501.

5. "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other Internet protocol-compatible protocols, and that provides, uses or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure.

6. "Manufacturer" means a person to whom both of the following apply:

(a) Is engaged in the business of manufacturing a device.

(b) has a statutory agent that is designated with the corporation commission pursuant to title 10 or 29.

7. "Minor" means an individual who is under eighteen years of age and who is not emancipated, married or a member of the United States armed forces.

8. "SmartPhone" means an electronic device that combines a cellular telephone with a handheld computer and that typically offers internet access, data storage, text and email capabilities.

9. "Tablet" means an internet-ready device that is equipped with an operating system, touchscreen display and rechargeable battery and that has the ability to support access to a cellular network. END_STATUTE

START_STATUTE44-7202. Filter required

A manufacturer shall manufacture a device that, when activated in this state, automatically enables a filter that:

1. Prevents the user from accessing or downloading material that is harmful to minors on all of the following:

(a) mobile data networks.

(b) Applications that are owned and controlled by the manufacturer.

(d) wireless Internet networks.

2. notifies the user of the device when the filter blocks the device from downloading an application or accessing a website.

3. Provides an opportunity to unblock a filtered application or website by using a passcode.

4. reasonably precludes a user other than a user with a passcode the opportunity to deactivate, modify or uninstall the filter. END_STATUTE

START_STATUTE44-7203. Manufacturer liability

A. A manufacturer is subject to civil and criminal liability if all of the following apply:

1. the device is activated in this state.

2. On activation, the device does not enable a filter that complies with Section 44-7202.

3. A minor accesses material that is harmful to minors on the device.

B. For the purposes of assessing a penalty under section 44-7205, a manufacturer is considered to have committed a separate violation for each device.

C. This section does not apply to a manufacturer that makes a good faith effort to provide a device that, on activation of the device in this state, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with section 44-7202 and industry standards. END_STATUTE

START_STATUTE44-7204. Individual liability

A. A person is subject to civil liability for enabling a passcode to remove a filter on a device that is in the possession of a minor if the minor accesses material that is harmful to minors on the device.

B. this section does not apply to the minor's parent or legal guardian. END_STATUTE

START_STATUTE44-7205. Enforcement; attorney general

A. If the attorney general has reason to believe that a person has violated or is violating this chapter, the attorney general, acting in the public interest, may bring an action in the name of this state against the person to do any of the following:

1. Enjoin any action that constitutes a violation of this chapter by issuing a temporary restraining order or preliminary or permanent injunction.

2. Recover a civil penalty of not more than $5,000 per violation, not to exceed a total of $50,000.

3. Recover the attorney general's reasonable expenses, investigative costs and attorney fees.

4. Obtain other appropriate relief as provided for under this chapter.

B. The attorney general may issue subpoenas to any person and conduct hearings in any investigation or inquiry related to a possible violation of this chapter.

C. The attorney general may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state. END_STATUTE

START_STATUTE44-7206. Civil action; parent or legal guardian; relief

A. A parent or legal guardian of a minor who accesses material that is harmful to minors in violation of Section 44-7202 may bring a private cause of action in any court of competent jurisdiction against:

1. A manufacturer that fails to comply with Section 44-7202.

2. A person who enables a passcode to remove a filter from a device in the minor's possession that results in the minor's exposure to material that is harmful to minors.

B. The parent or legal guardian of a minor who brings an action under this section may recover:

1. Actual damages or, in the court's discretion where actual damages are difficult to ascertain due to the nature of the injury, liquidated damages in the amount of $50,000 for each violation.

2. Punitive damages in an amount determined by the court, if the court finds the violation is knowing and wilful.

3. Nominal damages.

4. Any other relief as the court deems appropriate, including court costs and expenses.

5. Attorney fees.

C. This section does not preclude a class action lawsuit against a manufacturer that knowingly and wilfully violates Section 44-7202. END_STATUTE

START_STATUTE44-7207. Unlawful filter removal; violation; classification; penalty

A. Except for the minor's parent or legal guardian, it is unlawful for a person to enable a passcode to remove the filter on a device in the possession of a minor.

B. A person who violates this section is subject to a fine of not more than $5,000, except that for a second or subsequent violation of this section the person is guilty of a class 6 felony and is subject to a fine of not more than $50,000. END_STATUTE

Sec. 2. Effective date

This act is effective from and after December 31, 2022.