SB 937 - This act establishes the "Modernization Decency Act". DEVICES WITH DIGITAL BLOCKING CAPABILITIES (Section 405.210) Under this act, a retailer that manufactures or sells internet-enabled devices shall ensure that the product is equipped with digital blocking capability prior to the sale that blocks websites known to facilitate human trafficking or prostitution and display child pornography, revenge pornography, or obscene material harmful to minors. This act provides that retailers shall: • Make reasonable and ongoing efforts to ensure the digital blocking capability functions correctly; • Establish a reporting mechanism for consumers to report websites with prohibited content under the act; and • Report child pornography to the National Center for Missing and Exploited Children. A retailer of internet-enabled devices shall deactivate the digital blocking capability under certain circumstances as provided in the act. A consumer who requests deactivation of the digital blocking capability shall pay a one-time fee of $25 which shall be remitted to the Department of Revenue. Under this act, the personal information of customers who chose to deactivate the digital blocking capability shall not be disclosed by the retailer. REPORTING A WEBSITE (Section 405.215) If a website is blocked that is not displaying content prohibited under this act, the website can be reported to the retailer and the website shall be unblocked within a reasonable time. A consumer may file a civil law suit and seek attorneys fees, costs, and other relief for a wrongfully blocked website. If a website is reported with prohibited content and not blocked by the retailer, the Attorney General or a consumer may file a civil law suit seeking damages of up to $500 for each website that was reported but not subsequently blocked. OFFENSE OF SALE OF INTERNET-ENABLED DEVICE WITHOUT BLOCKING CAPABILITY (Sections 405.220 and 405.225) A retailer of an internet-enabled device is guilty of a Class D misdemeanor and a fine of $500 if it knowingly: • Sells an internet-enabled device without activated blocking capability that at least makes an attempt to block websites with prohibited content under the act; • Provides a consumer with instructions for deactivating a device's digital blocking capability; • Fails to comply with the deactivation requirements under this act; or • Discloses to a third party the personal identification information of adult consumers who have deactivated the blocking capability. If a retailer commits a second offense under this act, the retailer is guilty of a Class C misdemeanor and may be imprisoned for 15 days or fined up to $700. A retailer who commits a third offense is guilty of a Class B misdemeanor and may be imprisoned up to 6 months and fined up to $1,000. A retailer who commits a fourth subsequent offense shall be guilty of a Class A misdemeanor and imprisoned for up to 1 year or fined up to $2,000. This act does not apply to: • Persons who occasionally sell internet-enabled devices and are not in the business of such trade; • Products produced or sold before enactment; • Independent third party routers not affiliated with internet service providers; and • Retailers who do not manufacture, sell, or distribute internet-enabled devices in Missouri. MISSOURI HUMAN TRAFFICKING AND CHILD EXPLOITATION PREVENTION GRANT FUND (Section 405.230) This act establishes the "Missouri Human Trafficking and Child Exploitation Prevention Grant Fund". This fund shall consist of deactivation fees from retailers of internet-enabled devices, admission fees from live adult entertainment establishments, and any other appropriations or grants. The funds may be used by the Attorney General or his or her designee for grants to government and non-government entities and individuals working to protect children, to develop programs for victims of human trafficking or child exploitation, and for other grants as provided in the act. The Attorney General shall submit a report to the Secretary of the Senate and the Chief Clerk of the House of Representatives on or before February 15 of each year. ADMISSION FEES (Section 405.235) Each customer admitted to a live adult entertainment establishment shall pay a $5 admission fee to be remitted quarterly by the establishments to the Department of Revenue. The Department of Revenue shall deposit such fees into the Missouri Human Trafficking and Child Exploitation Prevention Grant Fund. Such live adult entertainment establishments shall keeps records as prescribed in the act. SOCIAL MEDIA WEBSITES (Section 405.240) A social media website that is open to the public and has more than 75 million subscribers and is not specifically affiliated with any religious or political group from its inception shall be considered a digital public square. If such a social media website intentionally censors a user's religious or political speech who resides in Missouri, the website operator shall be subject to a private right of action. The injured party may seek relief as provided in the act. The Attorney General may also bring civil action on behalf of an injured party. A social media website shall not be liable under certain circumstances as provided in the act. The provisions of this act shall become effective after four states have passed similar law. MARY GRACE BRUNTRAGER