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SB396

To Create The Social Media Safety Act; To Require Age Verification For Use Of Social Media; And To Clarify Liability For Failure To Perform Age Verification For Use Of Social Media And Illegal Retention Of Data.

Passed

Last Action (April 11, 2023): Notification that SB396 is now Act 689

Sponsors

AI-Generated Summary

The Social Media Safety Act establishes age verification requirements for social media companies operating in Arkansas. Under the bill, social media platforms (defined as online services primarily for social interaction with at least $100 million in annual gross revenue) must verify that account holders are at least 18 years old. For minors, the platforms must obtain express parental or legal guardian consent. Companies are required to use third-party vendors for age verification and are prohibited from retaining the identifying information of users after access is granted. The bill allows for enforcement actions by the Attorney General or local prosecutors and permits individuals to sue companies for civil penalties or damages resulting from violations. Various exemptions are provided for entities such as news organizations, cloud storage providers, and business-to-business software. The act is set to take effect on September 1, 2023.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries include parents and legal guardians of minors, who gain increased oversight and control regarding their children's access to social media platforms. Additionally, the state government benefits from having a legal framework to regulate digital service providers, while potentially reducing exposure to content or interactions that proponents of the bill view as detrimental to the well-being of minors.

Who Might Suffer?

The primary entities negatively impacted are large social media companies, which face significant compliance costs, potential legal liability, and the technical challenge of implementing age verification systems. Additionally, users who value online privacy or anonymity may be negatively impacted, as they are required to provide government-issued identification or similar data to verify their age to third-party vendors, creating concerns regarding data security and the potential for surveillance or data mishandling.

Vote Records

Third Reading

April 6, 2023
Yea: 21 Nay: 3 NV: 9 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate Nay
Greg Leding Democrat Senate NV
Missy Irvin Republican Senate NV
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Absent
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate NV
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate NV
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Absent
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Nay
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate NV
Scott Flippo Republican Senate NV
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Nay
Breanne Davis Republican Senate NV
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate NV
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea

Third Reading

April 5, 2023
Yea: 82 Nay: 10 NV: 8 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House NV
Richard Womack Republican House Nay
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Nay
Julie Mayberry Republican House Nay
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House NV
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Nay
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House NV
Denise Garner Democrat House NV
Tippi McCullough Democrat House Nay
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Nay
Richard McGrew Republican House Yea
Joy Springer Democrat House Nay
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House NV
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Nay
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Nay
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Nay
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House NV
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House NV
Steven Walker Republican House Yea

Third Reading

March 29, 2023
Yea: 18 Nay: 1 NV: 16 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate NV
Linda Chesterfield Democrat Senate NV
Jonathan Dismang Republican Senate NV
Greg Leding Democrat Senate NV
Missy Irvin Republican Senate NV
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
Frederick Love Democrat Senate NV
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate NV
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate NV
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate NV
Jimmy Hickey Republican Senate NV
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate NV
Scott Flippo Republican Senate NV
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate NV
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate NV
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate NV
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us