Bill Text: IA SF50 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to requirements for filters on mobile devices activated in the state, providing for civil liability for manufacturers of mobile devices for certain violations, and including penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-01-17 - Subcommittee: Koelker, Webster, and Weiner. S.J. 142. [SF50 Detail]
Download: Iowa-2023-SF50-Introduced.html
Senate
File
50
-
Introduced
SENATE
FILE
50
BY
SALMON
A
BILL
FOR
An
Act
relating
to
requirements
for
filters
on
mobile
devices
1
activated
in
the
state,
providing
for
civil
liability
for
2
manufacturers
of
mobile
devices
for
certain
violations,
and
3
including
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1136XS
(4)
90
ko/jh
S.F.
50
Section
1.
NEW
SECTION
.
710B.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
“Cause
of
2
Action
to
Protect
Minors
from
Unfiltered
Devices”
.
3
Sec.
2.
NEW
SECTION
.
710B.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Activate”
means
the
process
of
powering
on
a
device
and
7
associating
it
with
a
new
user
account.
8
2.
“Device”
means
a
tablet
or
a
smart
phone
sold
in
this
9
state
and
manufactured
on
or
after
January
1,
2024.
10
3.
“Filter”
means
software
installed
on
a
device
that
is
11
capable
of
preventing
the
device
from
accessing
or
displaying
12
material
that
is
harmful
to
minors
through
the
internet
13
or
through
any
applications
owned
and
controlled
by
the
14
manufacturer
and
installed
on
the
device.
15
4.
“Harmful
to
minors”
means
any
description
or
16
representation,
in
any
form,
of
nudity,
sexual
conduct,
17
sexual
excitement,
or
sadomasochistic
abuse
that
is
all
of
the
18
following:
19
a.
Taken
as
a
whole,
appeals
to
the
prurient
interest
in
sex
20
of
minors.
21
b.
Is
patently
offensive
to
prevailing
standards
in
the
22
adult
community
as
a
whole
with
respect
to
what
is
suitable
23
material
for
minors.
24
c.
Taken
as
a
whole,
does
not
have
serious
literary,
25
artistic,
political,
or
scientific
value
for
minors.
26
5.
a.
“Manufacturer”
means
a
person
that
is
engaged
in
the
27
business
of
manufacturing
devices
and
that
has
a
registered
28
office
and
a
registered
agent
that
is
one
of
the
following:
29
(1)
An
individual
who
resides
in
this
state
and
whose
30
business
office
is
identical
with
the
registered
office.
31
(2)
A
domestic
corporation
whose
business
office
is
32
identical
with
the
registered
office.
33
(3)
A
foreign
corporation
authorized
to
transact
business
34
in
this
state
whose
business
office
is
identical
with
the
35
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LSB
1136XS
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1/
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S.F.
50
registered
office.
1
b.
“Manufacturer”
includes
a
registrant
as
defined
in
2
section
548.101.
3
6.
“Minor”
means
an
individual
under
the
age
of
eighteen
who
4
is
not
emancipated,
married,
or
a
member
of
the
armed
forces
of
5
the
United
States.
6
7.
“Smart
phone”
means
an
electronic
device
that
combines
7
a
cell
phone
with
a
hand-held
computer,
typically
offering
8
internet
access,
data
storage,
and
text
and
electronic
mail
9
capabilities.
10
8.
“Tablet”
means
a
mobile
device
that
is
equipped
with
a
11
mobile
operating
system,
touchscreen
display,
and
rechargeable
12
battery,
and
has
the
ability
to
support
access
to
a
cellular
13
network.
14
Sec.
3.
NEW
SECTION
.
710B.3
Required
filter.
15
A
manufacturer
shall
manufacture
devices
that
when
such
16
a
device
is
activated
in
this
state
the
device
automatically
17
enables
a
filter
that
does
all
of
the
following:
18
1.
Prevents
a
user
of
the
device
from
accessing
or
19
downloading
material
that
is
harmful
to
minors
on
any
of
the
20
following:
21
a.
A
mobile
data
network.
22
b.
An
application
owned
and
controlled
by
the
manufacturer
23
that
is
installed
on
the
device.
24
c.
A
wired
or
wireless
internet
network.
25
2.
Notifies
the
user
of
the
device
if
the
filter
blocks
the
26
device
from
downloading
an
application
or
accessing
a
website.
27
3.
Provides
a
user
of
the
device
who
has
a
passcode
the
28
ability
to
unblock
a
filtered
application
or
internet
site.
29
4.
Reasonably
precludes
a
user
other
than
a
user
with
a
30
passcode
the
ability
to
deactivate,
modify,
or
uninstall
the
31
filter.
32
Sec.
4.
NEW
SECTION
.
710B.4
Manufacturer
liability.
33
1.
A
manufacturer
of
a
device
is
liable
to
a
minor
who
34
resides
in
the
state
if
all
of
the
following
occur:
35
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1136XS
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2/
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a.
The
device
is
activated
in
this
state.
1
b.
Upon
activation
in
the
state,
the
device
does
not
enable
2
a
filter
that
complies
with
section
710B.3.
3
c.
Using
the
device,
the
minor
accesses
material
that
is
4
harmful
to
minors.
5
2.
This
section
shall
not
be
construed
to
affect
any
private
6
right
of
action
existing
under
any
other
law.
7
3.
Notwithstanding
subsection
1,
this
section
shall
8
not
apply
to
a
manufacturer
that
makes
a
good-faith
effort
9
to
manufacture
a
device
that
upon
activation
in
this
state
10
automatically
enables
a
generally
accepted
and
commercially
11
reasonable
method
of
filtration
in
accordance
with
this
chapter
12
and
applicable
industry
standards.
13
Sec.
5.
NEW
SECTION
.
710B.5
Class
actions.
14
A
class
action
may
be
brought
under
this
chapter
in
15
accordance
with
the
Iowa
rules
of
civil
procedure.
16
Sec.
6.
NEW
SECTION
.
710B.6
Civil
actions.
17
1.
A
court
of
competent
jurisdiction
that
finds
a
18
manufacturer
liable
under
section
710B.4
shall
enjoin
the
19
manufacturer
from
committing
further
violations
and
may
20
order
civil
penalties
not
to
exceed
five
thousand
dollars
per
21
violation,
plus
filing
and
attorney
fees,
in
addition
to
any
22
other
penalty
established
by
law.
23
2.
a.
For
purposes
of
imposing
a
civil
penalty
under
24
subsection
1,
a
manufacturer
shall
be
considered
to
have
25
committed
a
separate
violation
for
each
device
manufactured
on
26
or
after
January
1,
2024,
that
is
activated
in
the
state
and
27
for
which
all
of
the
following
are
true:
28
(1)
A
filter
pursuant
to
section
710B.3
is
not
enabled.
29
(2)
A
minor
encounters
material
harmful
to
minors.
30
b.
Notwithstanding
paragraph
“a”
,
the
maximum
civil
penalty
31
imposed
in
a
civil
action
brought
under
this
section
shall
not
32
exceed
fifty
thousand
dollars.
33
3.
a.
A
plaintiff
must
prove
and
a
court
must
find
by
clear
34
and
convincing
evidence
that
a
manufacturer
manufactured
a
35
-3-
LSB
1136XS
(4)
90
ko/jh
3/
13
S.F.
50
device,
on
or
after
January
1,
2024,
that
was
activated
in
this
1
state
in
violation
of
section
710B.4,
subsection
1.
2
b.
A
plaintiff
must
prove
by
a
preponderance
of
the
evidence
3
that
a
minor
accessed
material
harmful
to
minors
on
the
device
4
referenced
in
paragraph
“a”
.
5
c.
The
court
shall
specify
the
amount
of
each
of
the
6
following
for
each
violation
for
which
a
manufacturer
is
found
7
liable:
8
(1)
The
civil
penalty.
9
(2)
The
court
costs.
10
(3)
Reasonable
attorney
fees.
11
d.
In
determining
the
civil
penalty
for
a
violation
of
this
12
chapter
the
court
shall
consider
all
of
the
following:
13
(1)
The
nature
and
extent
of
the
violation.
14
(2)
The
severity
of
the
violation.
15
(3)
The
potential
economic
effect
of
the
civil
penalty
on
16
the
manufacturer.
17
(4)
The
good-faith
measures
the
manufacturer
took
to
comply
18
with
this
chapter.
19
(5)
The
willfulness
of
the
manufacturer’s
misconduct.
20
(6)
The
deterrent
effect
that
the
imposition
of
the
21
civil
penalty
will
have
on
both
the
manufacturer
and
other
22
manufacturers
that
are
subject
to
this
chapter.
23
(7)
Any
other
factors
that
the
court
deems
appropriate.
24
e.
The
attorney
general
may
bring
a
civil
action
under
this
25
chapter
in
the
name
of
the
people
of
this
state.
26
f.
A
private
individual
may
file
a
civil
action
under
this
27
chapter
to
establish
a
manufacturer’s
liability
under
section
28
710B.4
after
the
requirements
of
paragraphs
“g”
,
”h”
,
and
29
“i”
,
and
all
of
the
following
prerequisite
requirements,
are
30
satisfied:
31
(1)
The
individual
has
served
on
the
manufacturer
and
the
32
attorney
general’s
office
a
notice
of
an
alleged
violation
of
33
section
710B.3.
34
(2)
Within
forty-five
days
after
the
date
on
which
the
35
-4-
LSB
1136XS
(4)
90
ko/jh
4/
13
S.F.
50
attorney
general
receives
the
notice
of
an
alleged
violation
1
under
subparagraph
(1),
the
attorney
general
has
not
provided
2
a
letter
to
the
noticing
party
that
indicates
any
of
the
3
following:
4
(a)
An
action
is
currently
being
pursued
or
will
be
pursued
5
by
the
attorney
general
regarding
the
alleged
violation.
6
(b)
The
attorney
general
has
determined
that
there
is
no
7
merit
to
the
action.
8
(3)
The
manufacturer
has
not
responded
to
the
notice
of
9
alleged
violation,
or
returned
the
certification
of
compliance
10
served
on
the
manufacturer
pursuant
to
paragraph
“i”
.
11
g.
(1)
The
attorney
for
the
noticing
party,
or
the
noticing
12
party
if
the
noticing
party
is
not
represented
by
an
attorney,
13
shall
execute
the
notice
of
an
alleged
violation.
14
(2)
The
notice
of
an
alleged
violation
shall
do
all
of
the
15
following:
16
(a)
State
that
the
individual
executing
the
notice
believes
17
in
good
faith
that
the
manufacturer
has
committed
a
violation.
18
(b)
Provide
factual
information
sufficient
to
establish
the
19
noticing
party’s
basis
for
asserting
that
the
manufacturer
has
20
committed
the
alleged
violation.
21
h.
(1)
The
attorney
general
shall
review
the
notice
of
an
22
alleged
violation
and
may
confer
with
the
noticing
party.
23
(2)
The
attorney
general
shall
provide,
within
forty-five
24
calendar
days
after
the
date
on
which
the
attorney
general
25
receives
the
notice
of
an
alleged
violation,
a
letter
to
the
26
noticing
party
and
to
the
manufacturer
that
states
whether
the
27
attorney
general
finds
merit
in
the
action.
28
i.
(1)
An
individual
who
serves
a
notice
of
an
alleged
29
violation
described
in
paragraph
“g”
shall
complete
and
serve
on
30
the
manufacturer
simultaneously
with
the
notice
of
the
alleged
31
violation,
a
notice
of
special
compliance
procedure
and
proof
32
of
compliance
form
pursuant
to
paragraph
“j”
.
33
(2)
The
individual
may
file
a
civil
action
against
the
34
manufacturer,
or
recover
from
the
manufacturer,
if
all
of
the
35
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5/
13
S.F.
50
following
requirements
are
satisfied:
1
(a)
The
notice
of
alleged
violation
alleges
that
the
2
manufacturer
failed
to
manufacture
a
device
that
when
activated
3
in
this
state
automatically
enabled
a
filter
as
required
under
4
section
710B.3.
5
(b)
A
minor
encountered
material
harmful
to
minors
on
the
6
device.
7
(c)
Within
sixty
calendar
days
after
the
date
on
which
the
8
manufacturer
receives
the
notice
of
the
alleged
violation,
the
9
manufacturer
has
failed
to
do
all
of
the
following:
10
(i)
Correct
the
alleged
violation
and
all
similar
11
violations
known
to
the
manufacturer.
12
(ii)
Agree
to
pay
a
penalty
to
the
noticing
party
for
the
13
alleged
violation
in
the
amount
of
ten
dollars
per
violation,
14
up
to
a
maximum
of
five
hundred
dollars,
regardless
of
the
15
number
of
separate
violations
alleged
in
the
notice.
The
16
manufacturer
shall
deliver
the
penalty
to
the
noticing
17
party
within
sixty
calendar
days
after
the
date
on
which
the
18
manufacturer
receives
notice
of
the
alleged
violation.
19
(iii)
Notify
the
noticing
party
and
the
attorney
general’s
20
office
in
writing
that
the
violation
has
been
corrected.
The
21
notice
must
be
the
notice
of
special
compliance
procedure
and
22
proof
of
compliance
form
specified
in
paragraph
“k”
.
23
j.
The
notice
required
to
be
provided
to
a
manufacturer
24
pursuant
to
paragraph
“i”
shall
be
presented
as
follows:
25
Date.
26
Name
of
the
noticing
party
or
of
the
attorney
for
the
27
noticing
party.
28
Address
of
the
noticing
party
or
of
the
attorney
for
the
29
noticing
party.
30
Phone
number
of
the
noticing
party
or
of
the
attorney
for
the
31
noticing
party.
32
SPECIAL
COMPLIANCE
PROCEDURE
33
PROOF
OF
COMPLIANCE
34
You
are
receiving
this
form
because
the
noticing
party
35
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90
ko/jh
6/
13
S.F.
50
listed
above
has
alleged
that
you
are
in
violation
of
Iowa
Code
1
section
710B.3.
The
noticing
party
may
bring
legal
proceedings
2
against
you
for
the
alleged
violation
checked
below
if:
3
You
have
not
actually
taken
the
corrective
steps
that
you
4
certify
in
this
form.
5
The
noticing
party
has
not
received
this
form
at
the
address
6
shown
above,
accurately
completed
by
you,
postmarked
within
7
fifty
calendar
days
of
the
date
that
you
receive
this
notice.
8
The
noticing
party
has
not
received
the
required
ten
dollar
9
penalty
payment
for
each
alleged
violation,
with
a
total
10
payment
not
to
exceed
five
hundred
dollars
regardless
of
the
11
number
of
separate
violations
alleged
in
the
notice,
at
the
12
address
shown
above
and
postmarked
within
sixty
calendar
days
13
of
the
date
of
that
you
receive
this
notice.
14
PART
1:
TO
BE
COMPLETED
BY
THE
NOTICING
PARTY
OR
THE
15
ATTORNEY
FOR
THE
NOTICING
PARTY
16
This
notice
of
alleged
violation
is
for
failure
to
provide
17
an
activated
filter
to
protect
minors
against
exposure
to
18
materials
considered
harmful
to
minors.
[Provide
a
complete
19
description
of
all
alleged
violations,
including
when
and
where
20
observed
and
the
serial
numbers
of
all
devices
involved.]
21
Date.
22
Name
of
the
noticing
party
or
of
the
attorney
for
the
23
noticing
party.
24
Address
of
the
noticing
party
or
of
the
attorney
for
the
25
noticing
party.
26
Phone
number
of
the
noticing
party
or
of
the
attorney
for
the
27
noticing
party.
28
PART
2:
TO
BE
COMPLETED
BY
THE
MANUFACTURER’S
AUTHORIZED
29
REPRESENTATIVE
30
CERTIFICATION
OF
COMPLIANCE
31
Accurate
completion
of
this
form
certifies
that
you
have
32
corrected
the
alleged
violations
listed
above
and
are
now
in
33
compliance
with
Iowa
Code
section
710B.3.
You
must
complete
34
and
submit
the
form
below
to
the
noticing
party
at
the
address
35
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13
S.F.
50
shown
above,
and
mail
a
copy
to
the
Iowa
Attorney
General’s
1
Office,
postmarked
within
fifty
calendar
days
of
the
date
that
2
you
received
this
notice.
3
[Name
of
manufacturer]
hereby
agrees
to
pay
to
the
noticing
4
party
within
sixty
calendar
days
of
the
date
that
[name
of
5
manufacturer]
received
this
notice,
a
penalty
of
ten
dollars
6
for
each
alleged
violation
and
certifies
that
[name
of
7
manufacturer]
has
complied
with
Iowa
Code
section
710B.3
by
8
(check
one
of
the
following):
9
[
]
Providing
the
noticing
party
shown
above
with
10
information
about
how
to
enable
a
filter
on
a
device
that
did
11
not
have
a
filter
automatically
enabled
upon
activation
in
the
12
state.
13
[
]
Providing
the
noticing
party
shown
above
with
14
information
about
how
to
exchange
a
device
that
did
not
have
a
15
filter
automatically
enabled
upon
activation
in
the
state
for
a
16
replacement
device
of
the
same
model
that
will
automatically
17
enable
a
filter
upon
activation
in
the
state.
18
CERTIFICATION
19
All
statements
on
this
form,
and
on
any
attachments
to
20
this
form,
are
true,
complete,
and
correct
to
the
best
of
my
21
knowledge
and
are
made
in
good
faith.
I
have
carefully
read
22
the
instructions
to
complete
this
form.
23
Signature
of
manufacturer’s
authorized
representative.
24
Date.
25
Name
and
title
of
manufacturer’s
authorized
representative.
26
k.
If
a
lawsuit
is
commenced
by
the
plaintiff,
the
plaintiff
27
may
include
additional
violations
in
the
claim
if
additional
28
violations
are
disclosed
during
the
discovery
process.
29
l.
A
manufacturer
shall
only
be
required
to
satisfy
the
30
requirements
applicable
to
the
manufacturer
under
paragraph
“k”
31
once
per
device.
32
m.
(1)
Notwithstanding
a
manufacturer’s
compliance
with
33
paragraph
“i”
,
the
attorney
general
may
file
an
action
under
34
paragraph
“e”
.
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(2)
In
a
civil
action
filed
under
this
chapter,
the
court
1
shall
reduce
the
amount
of
any
civil
penalty
imposed
upon
a
2
manufacturer
for
a
violation
of
this
chapter
to
reflect
any
3
payments
made
by
the
manufacturer
under
paragraph
“j”
for
the
4
same
violation.
5
Sec.
7.
NEW
SECTION
.
710B.7
Penalties.
6
1.
A
civil
penalty
ordered
by
a
court
under
this
chapter
7
shall
be
paid
by
the
manufacturer
to
the
plaintiff
as
directed
8
by
the
court.
The
court
shall
provide
a
copy
of
the
court
order
9
to
the
attorney
general’s
office.
10
2.
A
manufacturer
shall
pay
a
penalty
paid
in
accordance
11
with
the
special
compliance
procedure
in
section
710B.6,
12
subsection
3,
paragraph
“j”
,
directly
to
the
noticing
party.
13
3.
a.
Fifty
percent
of
any
penalty
paid
under
this
chapter
14
shall
be
deposited
by
the
attorney
general’s
office
into
the
15
victim
compensation
fund
established
in
section
915.94.
The
16
penalty
amount
upon
which
the
fifty
percent
is
calculated
shall
17
not
include
attorney
fees
or
costs
awarded
by
the
court.
18
b.
Within
thirty
calendar
days
of
the
date
of
the
receipt
of
19
a
civil
penalty
pursuant
to
subsection
1,
the
plaintiff
shall
20
remit
the
amount
required
under
paragraph
“a”
and
a
copy
of
the
21
court
order
to
the
attorney
general’s
office.
22
c.
Within
thirty
calendar
days
of
the
date
of
the
receipt
of
23
a
penalty
pursuant
to
subsection
2,
the
noticing
party
shall
24
remit
the
amount
required
under
paragraph
“a”
and
a
copy
of
the
25
special
compliance
procedure
document
under
section
710B.6,
26
subsection
3,
paragraph
“j”
,
to
the
attorney
general’s
office.
27
4.
The
attorney
general’s
office
shall
maintain
a
log
of
all
28
notices
of
alleged
violations
to
which
the
attorney
general’s
29
office
did
not
respond
with
a
letter
of
merit
under
section
30
710B.6,
subsection
3,
paragraph
“h”
,
subparagraph
(2).
31
5.
a.
The
attorney
general’s
office
shall
maintain
a
32
record
of
all
documents
and
payments
submitted
to
the
attorney
33
general’s
office
under
subsection
3.
34
b.
The
attorney
general
shall
annually
report
to
the
35
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general
assembly
in
odd-numbered
years,
beginning
in
2025,
1
the
following
information
for
the
immediately
preceding
two
2
consecutive
calendar
years:
3
(1)
The
number
of
court
orders
received
by
the
attorney
4
general’s
office
under
subsection
1.
5
(2)
The
number
of
notices
received
by
the
attorney
general’s
6
office
under
subsection
4.
7
(3)
The
total
dollar
amount
received
by
the
attorney
8
general’s
office
and
deposited
into
the
victim
compensation
9
fund
under
subsection
3.
10
Sec.
8.
NEW
SECTION
.
710B.8
Civil
penalties
——
adjustment.
11
1.
Beginning
July
1,
2025,
and
at
each
subsequent
five-year
12
interval,
the
general
assembly
shall
adjust
the
dollar
amount
13
of
the
civil
penalty
provided
in
section
710B.6
based
on
the
14
change
in
the
annual
consumer
price
index
for
the
most
recent
15
five-year
period
ending
on
December
31
of
the
immediately
16
preceding
calendar
year,
and
rounded
to
the
nearest
five-dollar
17
increment.
18
2.
The
attorney
general
shall
publish
the
dollar
amount
of
19
the
adjusted
civil
penalty
under
subsection
1,
and
the
date
20
of
the
next
scheduled
adjustment,
on
the
attorney
general’s
21
internet
site.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
requirements
for
filters
on
mobile
26
devices
activated
in
the
state,
and
provides
for
civil
27
liability
for
manufacturers
of
mobile
devices
for
certain
28
violations.
29
“Device”
is
defined
in
the
bill
as
a
tablet
or
a
smart
30
phone
sold
in
Iowa
and
manufactured
on
or
after
January
1,
31
2024.
“Filter”
is
defined
as
software
installed
on
a
device
32
that
is
capable
of
preventing
the
device
from
accessing
or
33
displaying
material
that
is
harmful
to
minors
through
the
34
internet,
or
through
any
applications
owned
and
controlled
by
35
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50
the
manufacturer
and
installed
on
the
device.
“Manufacturer”,
1
“harmful
to
minors”,
and
“activate”
are
also
defined
in
the
2
bill.
3
The
bill
requires
manufacturers
to
manufacture
devices
that
4
when
activated
in
this
state
automatically
enable
a
filter
5
that
performs
the
functions
detailed
in
the
bill.
The
bill
6
provides
that
a
manufacturer
of
a
device
is
liable
to
a
minor
7
who
resides
in
the
state
if
the
device
is
activated
in
this
8
state
and
upon
activation
does
not
enable
a
filter
and
the
9
minor
uses
the
device
to
access
material
that
is
harmful
to
10
minors.
Liability
does
not
extend
to
a
manufacturer
that
11
makes
a
good-faith
effort
to
manufacture
a
device
that
upon
12
activation
automatically
enables
a
generally
accepted
and
13
commercially
reasonable
method
of
filtration
in
accordance
with
14
the
requirements
in
the
bill,
and
with
applicable
industry
15
standards.
16
The
bill
provides
that
a
class
action
may
be
brought
in
17
accordance
with
the
Iowa
rules
of
civil
procedure.
A
court
of
18
competent
jurisdiction
that
finds
a
manufacturer
liable
must
19
enjoin
the
manufacturer
from
committing
further
violations,
and
20
may
order
civil
penalties
not
to
exceed
$5,000
per
violation,
21
plus
filing
fees
and
reasonable
attorney
fees,
in
addition
to
22
any
other
penalty
available
by
law.
A
manufacturer
shall
be
23
considered
to
have
committed
a
separate
violation
for
each
24
device
manufactured
on
or
after
January
1,
2024.
The
total
25
civil
penalty
imposed
in
a
civil
action
cannot
exceed
$50,000.
26
A
plaintiff
must
prove,
and
a
court
must
find,
by
clear
and
27
convincing
evidence,
that
a
manufacturer
manufactured
a
device
28
in
violation
of
the
bill
on
or
after
January
1,
2024,
and
29
prove
by
a
preponderance
of
the
evidence
that
a
minor
accessed
30
material
harmful
to
minors
on
such
a
device.
The
court
must
31
specify
the
amount
of
the
civil
penalty,
court
costs,
and
32
attorney
fees
for
each
violation
for
which
the
manufacturer
is
33
found
liable.
In
determining
the
civil
penalty
for
a
violation
34
of
the
bill,
the
court
must
consider
the
factors
as
detailed
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in
the
bill.
1
The
attorney
general
may
bring
a
civil
action
in
the
name
2
of
the
people
of
this
state,
and
a
private
individual
may
file
3
a
civil
action
to
establish
a
manufacturer’s
liability,
after
4
satisfying
prerequisite
requirements,
including
a
notice
to
the
5
manufacturer
to
which
the
manufacturer
must
respond
as
detailed
6
in
the
bill.
The
manufacturer’s
response
may
include
a
penalty
7
paid
directly
to
the
noticing
party
by
the
manufacturer.
8
If
a
lawsuit
is
commenced,
the
plaintiff
may
include
9
additional
violations
in
the
claim
if
additional
violations
10
are
disclosed
during
the
discovery
process.
A
civil
penalty
11
ordered
by
a
court
under
the
bill
must
be
paid
to
the
plaintiff
12
as
directed
by
the
court,
and
the
court
must
provide
a
copy
13
of
the
order
to
the
office
of
the
attorney
general.
Fifty
14
percent
of
any
penalty
paid
must
be
deposited
by
the
office
of
15
the
attorney
general
in
the
victim
compensation
fund
(fund)
16
established
in
Code
section
915.94.
The
penalty
amount
upon
17
which
the
50
percent
is
calculated
shall
not
include
attorney
18
fees
or
costs
awarded
by
the
court.
Within
30
calendar
days
19
of
the
date
of
the
receipt
of
a
civil
penalty
ordered
by
the
20
court,
the
plaintiff
must
remit
50
percent
and
a
copy
of
the
21
court
order
to
the
office
of
the
attorney
general.
Within
30
22
calendar
days
of
the
date
of
the
receipt
of
a
penalty
paid
23
directly
to
the
noticing
party
by
a
manufacturer,
the
noticing
24
party
must
remit
50
percent
and
specific
documentation
as
25
detailed
in
the
bill
to
the
office
of
the
attorney
general.
26
The
attorney
general’s
office
must
maintain
a
log
of
all
27
notices
of
alleged
violations
to
which
the
attorney
general’s
28
office
did
not
respond
with
a
letter
of
merit.
The
office
of
29
the
attorney
general
must
maintain
a
record
of
all
documents
30
and
payments
submitted
to
the
office
of
the
attorney
general
31
pursuant
to
the
provisions
of
the
bill.
The
attorney
general
32
shall
annually
report
to
the
general
assembly
in
odd-numbered
33
years,
beginning
in
2025,
information
as
specified
in
the
bill
34
for
the
immediately
preceding
two
consecutive
calendar
years.
35
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Beginning
July
1,
2025,
and
at
each
subsequent
five-year
1
interval,
the
general
assembly
must
adjust
the
dollar
amount
2
of
the
civil
penalty
provided
for
in
the
bill,
based
on
the
3
change
in
the
annual
consumer
price
index
for
the
most
recent
4
five-year
period
ending
on
December
31
of
the
immediately
5
preceding
calendar
year,
and
rounded
to
the
nearest
$5
6
increment.
The
attorney
general
shall
publish
the
dollar
7
amount
of
the
adjusted
penalty
and
the
date
of
the
next
8
scheduled
adjustment
on
the
attorney
general’s
internet
site.
9
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13
