To amend sections 3313.60, 3314.03, 3326.11, and 3328.24 and to enact sections 109.44, 1349.07, 1349.071, 1349.072, 1349.073, 1349.074, 1349.075, 3301.0733, 3313.6034, and 5502.523 of the Revised Code to require the Attorney General to establish a statewide camera footage registry system, to impose various requirements on gaming platform providers and developers, to require public schools to provide grooming awareness and prevention instruction, and to name the act Hailey's Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 3313.60, 3314.03, 3326.11, and 3328.24 be amended and sections 109.44, 1349.07, 1349.071, 1349.072, 1349.073, 1349.074, 1349.075, 3301.0733, 3313.6034, and 5502.523 of the Revised Code be enacted to read as follows:
Sec. 109.44.
(A) As used in this section, "law enforcement agency" has the same meaning as in section 109.573 of the Revised Code.
(B) The attorney general shall establish and maintain a statewide camera footage registry system.
(C) Any person may voluntarily submit camera footage to the attorney general for placement in the statewide camera footage registry system. The attorney general shall place submitted camera footage in the system if the attorney general determines that the footage depicts or may depict a crime.
(D) Camera footage placed in the statewide camera footage registry system may, upon request, be provided to any law enforcement agency.
(E) The attorney general shall adopt rules under Chapter 119. of the Revised Code to implement this section.
Sec. 1349.07.
As used in sections 1349.07 to 1349.075 of the Revised Code:
(A) "Adult" means an individual who is at least eighteen years of age.
(B) "Age category" means one of the following categories of individuals based on age:
(1) Child:
(2) Younger teenager:
(3) Older teenager:
(4) Adult.
(C) "Age category data" means information about a user's age category that is collected by a gaming platform provider and shared with a developer.
(D) "Age rating" means a classification that provides an assessment of the suitability of the content and functions of a video game for different age groups.
(E) "Child" means an individual who is less than thirteen years of age.
(F) "Content description" means a description of the specific content elements or functions that inform the age rating of a video game.
(G) (1) "Developer" means a person that owns or controls a video game made available through a gaming platform in this state.
(2) "Developer" excludes a person who purchases or rents a video game.
(H) "Gaming platform" means software or hardware used to play video games, that provides a foundation for individuals to access a variety of video games, and serves as a gateway to connect with others, access game libraries, and enjoy gaming experiences. "Gaming platform" includes video game consoles with internet access, personal computers, mobile devices, cloud gaming services, and virtual reality platforms.
(I) "Gaming platform provider" means a person that owns, operates, or controls a gaming platform that allows users in this state to download or play video games. "Gaming platform provider" excludes the user of a gaming platform.
(J) "Knowingly" means to act with actual knowledge or with knowledge fairly inferred based on objective circumstances.
(K) "Minor" means an individual who is less than eighteen years of age, unless either of the following apply:
(1) The individual is married.
(2) The individual is an emancipated minor.
(L) "Minor account" means an account with a gaming platform provider that is established by an individual who the provider determines is a minor through the provider's age category verification methods and requires affiliation with a parent account.
(M) "Older teenager" means an individual who is at least sixteen years of age and less than eighteen years of age.
(N) "Parent" means, with respect to a minor, an individual who is reasonably believed to be a parent, a legal guardian, an individual with legal custody, or any other individual who has the legal right to make decisions on behalf of the minor.
(O) "Parent account" means an account with a gaming platform provider that is verified to be established by an individual who the provider determines is an adult, an individual who is less than eighteen years old and is married, or an emancipated minor through the provider's age category verification methods and may be affiliated with one or more minor accounts.
(P) "Parental consent disclosure" means the following information:
(1) The age rating, if any, for the video game or intra-video game purchase;
(2) The content description, if any, for the video game or intra-video game purchase;
(3) A description of both of the following:
(a) The personal data collected by the video game from a user;
(b) The personal data shared by the video game with a third party.
(4) If personal data is collected by the video game, the methods implemented by the developer to protect the personal data.
(Q) "Significant change" means a material modification to the terms of service or privacy policy of a video game that does any of the following:
(1) Changes the categories of data collected, stored, or shared;
(2) Alters the age rating or content descriptions of the video game;
(3) Adds new monetization features, including intra-video game purchases or advertisements;
(4) Materially changes the functionality of or user experience in the video game.
(R) "Verifiable parental consent" means authorization that meets all of the following:
(1) Is provided by an individual who the gaming platform provider verifies to be an adult;
(2) Is given after the gaming platform provider clearly and conspicuously provides the parental consent disclosure to the individual;
(3) Requires the individual to make an affirmative choice to grant or decline consent.
(S) "Video game" means an electronic game in which one or more players control images on a video screen.
(T) "Younger teenager" means an individual who is at least thirteen years of age and less than sixteen years of age.
Sec. 1349.071.
(A) A gaming platform provider shall do all of the following:
(1) At the time an individual located in this state creates an account with the provider, both of the following:
(a) Request age category data about the individual;
(b) Verify the age category of the individual using either of the following:
(i) Commercially available methods that are reasonably designed to ensure accuracy;
(ii) An age category verification method or process that complies with rules adopted by the director of commerce under division (C) of this section.
(2) If the age category verification method or process described in division (A)(1) of this section determines that the individual is a minor, both of the following:
(a) Require the account to be affiliated with a parent account;
(b) Obtain verifiable parental consent from the holder of the affiliated parent account each time before allowing a minor to do any of the following:
(i) Download a video game;
(ii) Purchase a video game;
(iii) Make an intra-video game purchase.
(3) After receiving notice of a significant change from a developer, both of the following:
(a) Notify all users that have downloaded the video game from a location in this state of the significant change;
(b) For a minor account holder, both of the following:
(i) Notify the affiliated parent account;
(ii) Obtain renewed verifiable parental consent.
(4) Provide a developer, in response to a request authorized under section 1349.072 of the Revised Code, both of the following:
(a) Age category data for a user located in this state;
(b) The status of verifiable parental consent for a minor located in this state.
(5) Notify a developer when a parent revokes parental consent;
(6) Protect personal age category verification data by doing both of the following:
(a) Limiting collection and processing to data necessary for the following:
(i) Verifying a user's age category;
(ii) Obtaining parental consent;
(iii) Maintaining compliance records.
(b) Transmitting personal age category verification data using industry standard encryption protocols that ensure data integrity and confidentiality.
(B) A gaming platform provider shall not do any of the following:
(1) Enforce a contract or terms of service against a minor unless the provider has obtained verifiable parental consent;
(2) Knowingly misrepresent information in a parental consent disclosure;
(3) Share personal age category verification data except as follows:
(a) Between the provider and a developer as required by sections 1349.07 to 1349.075 of the Revised Code;
(b) As otherwise required by law.
(C) The director of commerce shall adopt rules in accordance with Chapter 119. of the Revised Code establishing processes and means by which a gaming platform provider may verify whether an account holder is a minor in accordance with this section.
S. B. No. 379 Page 31
As Introduced