Amendments	Fiscal Memos
SA0718	Amendment 1-0 to SB2097
SA0929	Amendment 2-0 to SB2097

	Amendments	Fiscal Memos
HA0668	Amendment 1-1 to HB1891

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

SOCIAL MEDIA AGE REQUIREMENT

This bill requires a social media company to verify the age of an individual who (i) attempts to become an account holder, at the time the individual attempts to become an account holder; or (ii) is an account holder, within 14 days of the account holder's attempt to access an existing account.

This bill requires the social media company to verify the express parental consent for the minor to become or continue as an account holder if the individual is a minor. A social media company must prohibit a minor from becoming an account holder, or continuing as an account holder, unless the social media company has the express consent of the minor's parent to allow the minor to become or continue as an account holder.

This bill, with respect to a current account holder whose age and parental consent, if applicable, were not verified before becoming an account holder, requires verification to occur within 14 days of the account holder's attempt to access an existing account. If a social media company does not verify that the individual is not a minor or the individual is a minor with parental consent, then the social media company must prevent the individual from becoming an account holder or accessing a current account, except to delete a current account.

This bill provides that once age and parental consent, if applicable, have been verified to confirm that an individual may become or continue as an account holder, then the social media company is not required to reverify the individual's age and parental consent, unless parental consent is revoked. A social media company must allow a parent to revoke consent for a minor to become or continue as an account holder. A social media company or third party must not retain personally identifying information that was used to verify age or parental consent.

PARENTAL SUPERVISION

This bill requires a social media company to provide a minor account holder's parent with means for the parent to supervise the minor's account. Such means must include options for the parent to view privacy settings on the account, set daily time restrictions, and implement breaks during which the minor cannot access the account.

ENFORCEMENT

This bill provides that if the attorney general believes that a social media company is engaged in, has engaged in, or is about to engage in an act or practice prohibited by this bill and that proceedings would be in the public interest, then the attorney general may (i) conduct an investigation in the same manner as provided in existing law; and (ii) bring an action in the same manner as provided in existing law; in any such action, the attorney general may recover the penalties and other relief authorized under existing law.

WAIVER PROHIBITED

This bill provides that a waiver or limitation, or a purported waiver or limitation, of the following is void as unlawful and against public policy:

(1) A protection or requirement provided under this part; and

(2) The right to cooperate with the attorney general or a law enforcement agency.

This bill prohibits a court, arbitrator, or tribunal from enforcing or giving effect to such a waiver or limitation, notwithstanding a contract or choice of law provision in a contract.

ON MARCH 25, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1891, AS AMENDED.

AMENDMENT #1 makes the following changes:

(1) Revises the definition of "account holder" to, instead, mean a person who has an account or profile to use a social media company's platform, with such account or profile having been created on or after January 1, 2025;

(2) Clarifies that, as used in the bill, "content" means text, image, or video, but does not include interactive gaming or educational entertainment;

(3) Clarifies that, as used in the bill, a "social media platform" does not include an online shopping service, if the interaction with other account holders or users is limited to the ability to send, receive, request, or settle funds, comment on transactions, display goods for sale, engage as consumers about products and reviews, or post a wish list;

(4) Clarifies that, as used in the bill, a "social media platform" does not include an internet service, internet application, or website that primarily provides career development opportunities; and

(5) Changes the effective date to January 1, 2025.

ON APRIL 8, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1891 FOR SENATE BILL 2097, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1891, AS AMENDED.

AMENDMENT #2 makes the following changes to the bill:

(1) Revises the provision in the bill providing that as used in the bill, a "minor" means an individual who is (i) under 18; and (ii) not emancipated by, instead, providing that a "minor" means an individual who is (i) known or reasonably believed by a social media platform to be under 18; (ii) not emancipated; and (iii) a resident of this state;

(2) Provides that as used in the bill, a "social media platform" also does not include (i) a cloud storage or cloud computing service; (ii) an online service, application, or website in which interaction between users is predominately used for technical support, or limited to reviewing products offered for sale by electronic commerce or commenting on such reviews posted by other users; or (iii) peer-to-peer payment platforms, if the interaction with other users or account holders is generally limited to the ability to send, receive, or request funds and to like or comment on such transactions, or other functions that are focused on sending, receiving, requesting, or settling payments between users or account holders;

(3) Revises the provision in the bill requiring a social media company to verify the age of an individual who (i) attempts to become an account holder, at the time the individual attempts to become an account holder; or (ii) is an account holder, within 14 days of the account holder's attempt to access an existing account by deleting provision (ii);

(4) Revises the provision in the bill requiring the social media company to verify the express parental consent for the minor to become or continue as an account holder if the individual is a minor by no longer requiring the social media company to verify the express parental consent for the minor to continue as an account holder;

(5) Revises the provision in the bill requiring a social media company to prohibit a minor from becoming an account holder, or continuing as an account holder, unless the social media company has the express consent of the minor's parent to allow the minor to become or continue as an account holder by, instead, only requiring a social media company to prohibit a minor from becoming an account holder unless the social media company has the express consent of the minor's parent to allow the minor to become an account holder; and

(6) Deletes the provisions providing that with respect to a current account holder whose age and parental consent, if applicable, were not verified before becoming an account holder, verification must occur within 14 days of the account holder's attempt to access an existing account. If a social media company does not verify that the individual is not a minor or the individual is a minor with parental consent, then the social media company must prevent the individual from becoming an account holder or accessing a current account, except to delete a current account.