HOUSE BILL 313

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Linda Serrato

 

 

 

 

 

AN ACT

RELATING TO CONSUMER PROTECTION; ENACTING THE DIGITAL AGE VERIFICATION ACT; DEFINING TERMS; PROVIDING ENFORCEMENT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Digital Age Verification Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Digital Age Verification Act:

          A. "application store" means a publicly available website, software application or online service that distributes the software applications of third-party platforms to a computer, mobile device or other computing device;

          B. "covered manufacturer" means a manufacturer of a device, an operating system for a device or an application store;

          C. "department" means the state department of justice; and

          D. "device" means a device or a portion of a device that communicates across a network with computers or other devices to transmit, receive or store data and includes a desktop, laptop, cellular telephone, tablet or other device that communicates with or across a network.

     SECTION 3. [NEW MATERIAL] AGE VERIFICATION REQUIRED.--

          A. A covered manufacturer shall take commercially reasonable and technically feasible steps to:

                (1) equip each device to determine or estimate the age of the device's user or users upon initial activation;

                (2) provide websites, applications and online services with a digital signal indicating whether a person is under the age of thirteen, thirteen years of age to fifteen years of age, sixteen years of age to seventeen years of age or eighteen years of age or older through a real-time application programming interface; and

                (3) if the covered manufacturer is an application store, obtain parental or guardian consent prior to allowing a person under sixteen years of age to download an application from the application store and connect the developer of the application with the approving parent or guardian to facilitate supervision tools.

          B. For devices sold prior to January 1, 2026, covered manufacturers shall ensure that the requirements of Subsection A of this section are included in the device's operating system and application store versions and updates by default ninety days after the effective date of the Digital Age Verification Act. 

          C. The department may promulgate rules in accordance with the Digital Age Verification Act to implement the provisions of that act.

     SECTION 4. [NEW MATERIAL] ENFORCEMENT.--A violation of the Digital Age Verification Act is an unfair and deceptive trade practice actionable under the Unfair Practices Act.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2026.

- 3 -