HB4867 HFAT Linville 2-16

Morgan 3345

Delegate Linville moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

H. B. 4867 -- “A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated chapter 49A. Child Online Protection and Liability, by adding thereto a new article, designated §49-A-1-101 Liability for Publishers and Distributors of Sexual Material Harmful to Minors, by adding thereto new sections designated §49-A-1-101, §49-A-1-102, §49-A-1-103, §49-A-1-104, §49-A-1-105, §49-A-1-106, and §49-A-1-107 all relating to creating liability for publishers and distributors of sexual material harmful to minors; providing definitions; relating to what constitutes reasonable age verification; providing exceptions to applicability of this article; requiring a commercial entity that provides pornography and other materials defined as being harmful to minors as a substantial portion of the entity's content to verify the age of individuals accessing the material, relating to liability, and establishing a cause of action; establishing requirements, liability, and a establishing a cause of action,  for the retention of data;  imposing liability for publishers and distributors of material harmful to minors who fail to comply with verification requirements; imposing liability for publishers and distributors of material that is obscene or child pornography; and providing that an internet service provider or hosting entity is not liable for hosting or transmitting material harmful to minors to the extent that it is not the creator of the material; providing a five year statute of limitations to these civil actions; relating to certain civil actions allowable by the Attorney General, relating to remedy of civil penalties, relating to how amount of civil penalties are to be based; relating to a five year statute of limitations for civil actions relating for attorney general civil actions; relating to rule-making authority of the Office of Technology; relating to enforcement of the provisions of this article; and relating to a severability section.”;

Adopted

Rejected