HB428 Alabama 2017 Session

This bill would prohibit the sale of a device that provides Internet access unless the device contains an active filter that blocks access to specified types of obscene material

This bill would establish a procedure for a consumer to have a filter deactivated, impose a filter deactivation fee, and provide for the collection and distribution of the fee

This bill would require a person selling a device that provides Internet access to respond to reports of obscene material that has breached the filter

This bill would provide for injunctive relief and civil and criminal penalties

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to Internet access; to prohibit the sale of a device providing Internet access unless the device contains an active filter that blocks Internet access to obscene material; to provide requirements for a consumer to have such filter deactivated; to provide for a filter deactivation fee and to provide for the collection and distribution thereof; to provide for injunctive relief, civil and criminal penalties, and attorney fees and costs; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.