HB4412 S JUD AMT #1 3-4

Curia  7824

The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill 4412—A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new chapter, designated §49A-1-101, §49A-1-102, §49A-1-103, §49A-1-104, §49A-1-105, and §49A-1-106, relating to creating liability for publishers and distributors of sexual material harmful to minors; defining terms; specifying methods of reasonable age verification; providing exceptions to applicability of this article; requiring a commercial entity that provides 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; establishing liability and a cause of action; for the retention of data; providing nominal damages for publishing child pornography; 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; permitting civil actions by the Attorney General; providing for civil penalties; providing factors to be considered when imposing civil penalties; creating a five year statute of limitations for civil actions brought by Attorney General; granting rule-making authority for the Office of Technology; and providing for enforcement of the provisions of this article.

Adopted

Rejected