Current through the 2024 Fourth Special Session
Section 78B-6-2204 - [Repealed Effective 1/1/2025] [Contingently Effective] Liability(1) Beginning January 1 of the year following the year this bill takes effect, a manufacturer of a device is liable to a minor in the state if: (a) the device is activated in the state;(b) the device does not, upon activation in the state, enable a filter that complies with the requirements described in Section 78B-6-2203; and(c) the minor accesses material that is harmful to minors on the device.(2) Nothing in this part affects any private right of action existing under other law, including contract.(3) Notwithstanding Subsection (1), this section does not apply to a manufacturer that makes a good faith effort to provide a device that, upon activation of the device in the state, automatically enables a generally accepted and commercially reasonable method of filtration in accordance with this part and industry standards.Repealed by Chapter 166, 2024 General Session ,§ 9, eff. 1/1/2025.Added by Chapter 416, 2021 General Session ,§ 5, eff. on the first day of January following the day on which at least five states, other than Utah, pass legislation in substantially the same form as Subsection 78B-6-2203(1) and the enactments by the states have taken effect in each state. (2) The lieutenant governor shall inform the legislative general counsel, in writing, of the date Title 78B, Chapter 6, Part 22, Cause of Action to Protect Minors from Unfiltered Devices, takes effect in accordance with this section.Affected by 63I-2-278 on 1/1/2031