Louisiana HB 134: CONTRACTS: Provides relative to material harmful to minors (EN SEE FISC NOTE SG EX)

Bill Text

ENROLLED
ACT No. 618
2026 Regular Session
HOUSE BILL NO. 134
BY REPRESENTATIVES SCHLEGEL AND EDMONSTON
1 AN ACT
2 To enact R.S. 9:2717.2.1, relative to material harmful to minors, to provide relative to
3 interactive computer services that enter into a contract with a minor; to provide
4 relative to the delivery or display of material harmful to minors; to provide relative
5 to algorithmic systems and the delivery of material harmful to minors; to provide for
6 definitions; to provide for penalties; to provide for an effective date; and to provide
7 for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 9:2717.2.1 is hereby enacted to read as follows:
10 §2717.2.1. Display or delivery of material harmful to minors
11 A. For purposes of this Section, the following terms apply:
12 (1) "Account", "interactive computer service", and "minor" have the same
13 meanings as provided in R.S. 9:2717.2.
14 (2) "Material harmful to minors" has the same meaning as provided in R.S.
15 51:2121.
16 B. An interactive computer service that enters into a contract with a minor,
17 including the creation of an online account, shall not deliver or display to a minor
18 account material harmful to minors that was created or developed, in whole or in
19 part, by the interactive computer service.
20 C.(1) Any interactive computer service that violates the provisions of this
21 Section shall be subject to a civil fine of up to ten thousand dollars per violation set
22 and enforced by the attorney general by filing a civil enforcement action in a court
23 of competent jurisdiction.
24 (2)(a) Prior to filing a civil enforcement action, the attorney general shall
25 provide the interactive computer service with a written notice that identifies each
26 alleged violation and an explanation of the basis for each allegation.
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HB NO. 134 ENROLLED
1 (b) The interactive computer service may cure the alleged violations by
2 providing the attorney general with a written statement, within forty-five days of
3 receipt of the notice provided pursuant to Subparagraph (a) of this Paragraph,
4 indicating that the violation is cured and no further violations will occur.
5 (c) Except as provided in Paragraph (3) of this Subsection, the attorney
6 general shall not file a civil enforcement action if the interactive computer service
7 timely cures the alleged violations as provided by Subparagraph (b) of this
8 Paragraph.
9 (3) The attorney general may file a civil enforcement action against an
10 interactive computer service that does either of the following:
11 (a) Fails to cure a violation after receiving the written notice described in
12 Subparagraph (2)(a) of this Subsection.
13 (b) Commits another violation after receiving the written notice described
14 in Subparagraph (2)(a) of this Subsection.
15 (4) If a court of competent jurisdiction grants judgment or injunctive relief
16 to the attorney general, the court shall award the attorney general reasonable attorney
17 fees, court costs, and investigative costs.
18 D. All monies received from the payment of a fine or civil penalty imposed
19 and collected pursuant to the provisions of this Section shall be used by the attorney
20 general for consumer protection efforts or to promote consumer protection and
21 education.
22 Section 2. The provisions of this Act shall become effective on January 1, 2027.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.