Committee recommends HB2133 but Rules Office warns of Section 230 conflict
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Summary
House Bill 2133, which would require age and consent verification for commercial distributors of sexually explicit materials and create a private right of action, was recommended 5-3; the Rules Attorney flagged potential preemption by Section 230 of the Communications Decency Act.
Vice Chair Carter moved to recommend House Bill 2133 as constitutional and in proper form; the committee approved the motion 5-3.
The Rules Attorney described the bill as imposing verification and consent requirements on commercial entities that publish or distribute explicit material online and said it would impose penalties and a private right of action for those depicted in unverified content. The attorney flagged a federal preemption risk under Section 230 of the Communications Decency Act, explaining that "the Act immunizes entities like websites" and that state law that attaches liability to hosts of third-party content can be inconsistent with federal law.
The attorney said the sponsor has engaged with the Rules Office about potential ways to preserve the bill's intent while avoiding Section 230 conflicts. The committee's recommendation advances the bill to the House floor, with the preemption flag noted for future drafting.