HB 1091 Summary

• Requires commercial entities publishing material harmful to minors on websites where such material constitutes more than 33.3% of total content to perform reasonable age verification to confirm users are 18 years or older.

• Establishes reasonable age verification methods including electronic identification cards or commercial age verification systems using government-issued identification or transactional data analysis.

• Prohibits commercial entities or third parties conducting age verification from retaining identifying information about individuals after access to the material is granted.

• Makes commercial entities civilly liable for damages, court costs, and attorney fees if they fail to perform age verification or knowingly retain identifying information after access is granted.

• Exempts news-gathering organizations from liability and protects Internet service providers, search engines, and cloud service providers from liability for content they do not create or control.