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Assembly fights over 400-year veto, school funding and protecting children online

The state Assembly passed a bill to eliminate the school revenue limit increases that are the result of Gov. Tony Evers’ 400-year veto. Evers signing the 2023 state budget which included the 400-year veto. (Photo by Baylor Spears/Wisconsin Examiner)

During its final planned floor session this week, the Wisconsin State Assembly passed a constitutional amendment proposal that would limit the executive partial veto power and a bill to eliminate the school revenue limit increases that are the result of Gov. Tony Evers’ 400-year veto. 

Assembly Minority Leader Greta Neubauer (D-Racine) said it was the “wrong decision” for lawmakers to finish their work in February and “take quite a long vacation.” 

“There is a lot left on the table for us to address but we all know that an arbitrary deadline has been set for us to go home,” Neubauer said. “Thankfully, it does seem like the tide is turning in this body and one day things will be different and operate under a different framework that is focused on people rather than politics and power.” 

Neubauer mentioned the passage of the postpartum Medicaid extension bill and the breast cancer screening bills that are now on their way to Gov. Tony Evers. 

The session wrap-up will free Assembly lawmakers up to campaign for reelection, and the body could look much different next session as some longtime lawmakers, including Assembly Speaker Robin Vos (R-Rochester), are retiring. Under newly competitive maps, the balance of power in both the Assembly and Senate is up for grabs.

“We have a lot left to accomplish this session. There is still time for us to act on funding our public schools, protecting our rights and freedoms, lowering costs and helping Wisconsinites make ends meet,” Neubauer said. “This is the moment to act boldly and do the right thing for the people of Wisconsin.” 

Vos told WISN-12 on Friday that leaders and Gov. Tony Evers had not yet reached a deal on how to use the state’s projected $2.5 budget surplus. The leaders have been negotiating on ways to ease property taxes and provide funding to schools.

“We’re going to figure a way to get it done,” Vos said, adding that he wants the money to “go back to the people” while Evers wants additional investments. “The middle ground is a little of each.”

“We’ll probably have to come back in a special session or extraordinary session, something like that,” he said. 

Lawmakers passed proposals that were introduced in reaction to the veto as well as bills to ban phones in school, regulate app and social media companies and to provide state money towards “Trump accounts.” 

Fight over partial veto

The Assembly passed two proposals that took aim at the partial veto Evers used when he signed the 2023 state budget that extended an annual $325 per-pupil school revenue limit increase for 400 years. Evers, who recently defended the veto in his State of the State address, said he wanted to provide school districts with a consistent way to raise revenue in the absence of reliable state funding increases. 

The Assembly also approved in a 54-41 vote along party lines a third constitutional amendment to go before voters later this year. 

The amendments will go before Wisconsin voters in November. Two others, including one to eliminate diversity, equity and inclusion (DEI) programs from state and local governments and one to prohibit the state from ordering the closure of places of worship during a state of emergency, passed the state Legislature earlier this year. 

Constitutional amendment proposals have to pass the state Legislature in two consecutive legislative sessions before they go to voters. If approved, SJR 116 would prohibit partial vetoes from raising or creating any taxes or fees. 

Rep. Amanda Nedweski (R-Pleasant Prairie) introduced the amendment proposal  after Evers’ veto. 

“You never know for sure who’s going to be the next governor,” Nedweski said on the Assembly floor Thursday. “Choose wisely on this.” 

The Assembly also concurred in a bill that would outright eliminate the annual $325 per pupil revenue limit increases that are the result of the partial veto. The vote on SB 389 was 54-40 and it sends the bill to Evers, who is likely to veto it. 

Despite its likely rejection, Republican lawmakers still made the case for why Evers should sign the bill into law.

Rep. Karen Hurd (R-Withee) read a letter from superintendents on the professional advisory committee for the Cooperative Educational Service Agency 10, which serves parts of northwestern Wisconsin, urging Evers to reverse his veto. They argued in part that  $325 per pupil is not an increase that allows schools to keep pace with the rate of inflation, doesn’t fix chronic underfunding of special education funding and puts it all on property taxpayers.

The superintendents said that they thought the veto could impede reform of school funding in Wisconsin. 

The veto doesn’t stop lawmakers from being able to put more state funding into schools, but Republican lawmakers have refused to do so. During the state budget process, Republican lawmakers angered by the veto opted not to provide any increase in general school aid in the 2025-26 or 2026-27 fiscal years. School advocates said the decision would only further exacerbate the funding issues they face, especially since their decision on whether to use the additional $325 increase would rely only on property tax increases. 

“Every year we put together a budget, a budget that has to be sustainable. There may be a year that we could put more aid into schools than $325 per student. We have to look at that each year,” Hurd said. “We are people that are trying to fund the schools in every way that we can, but when it is set at $325 per year for the next 400 years, then that opportunity for us to work within the budget and increase it has been ripped away.”

Democrats said that before taking away authority from schools, lawmakers should consider improving the state’s system for funding schools. Rep. Christian Phelps (D-Eau Claire) said that the annual school revenue limit increase is the “only predictable source of revenue” for  Wisconsin public schools.

“We should not close public schools,” he said, alluding to Republican lawmakers who have proposed consolidating school districts as a way of helping with funding challenges. “We should fund them.”

Rep. Angelina Cruz (D-Racine) said the GOP bill does not answer the question of how to fund schools and provide relief to property taxpayers

“The answer is to reconnect school funding to inflation. The answer is to increase state aid so local property taxes are not the backstop. The answer is to modernize the formula to reflect demographic realities. The answer is to fulfill our constitutional obligation to fully fund public schools,” Cruz said. 

AB 460 would allow siblings of students in the state’s school voucher program to qualify for participation even if their family no longer meets the family income requirements. It passed on a voice vote. It now goes to the state Senate.

“I’m not going to do anything that further exacerbates the zeroing out of the state’s resources on public schools or expands privatization on the Wisconsin taxpayers dime, particularly Wisconsin property taxpayers dime,” Phelps said. “Unfortunately, this bill proposes removing income caps  on the students that Wisconsin property taxpayers would be funding to attend private schools.”

Cell phone ban, online regulations

AB 948 would require school districts to adopt policies that prohibit the use of cell phones for the entire school days, taking a step further than the recent law signed by Evers that bans phones during class. It passed via voice vote and will now go to the Senate.

Rep. Alex Joers (D-Waunakee) said he would support the bill but thought it was the “easy way out,” saying he wasn’t sure with advancing technologies in the future that to “blanketly ban things” would be an effective solution.

Rep. Alex Penterman (R-Hustisford), who has worked as a substitute teacher, said students in middle and high school can become a “social piranha” if they don’t have the latest smartphone. 

Rep. Lindee Brill (R-Sheboygan Falls) said the bill would encourage students to engage with each other and bring back “loud lunches” where “kids aren’t on the phones but instead negotiations are happening between peanut butter and jelly and grilled cheese and not Snapchat. We need to go back to kids making their after school plans while they’re eating their lunches instead of bullying each other online.”

Goeben said her bills would support the “God-given constitutional right of parents to protect and guide their children, not tech platforms.” 

The Assembly also passed a set of bills meant to put regulations on apps and social media companies that are intended to give parents more oversight over their children’s activity.

Rep. Joy Goeben (R-Hobart) said the bills were aimed at protecting children in “digital world that was not built with their safety in mind.”

“We’re living in an age of online predatory behavior, instant access and algorithm driven exposure. Children are encountering explicit material at younger and younger ages and many parents feel that they are fighting a losing battle.” 

“We cannot pretend that warning labels will solve every problem but we can insist on honesty and accountability from those who profit from this content.” 

AB 961 passed 61-34. It would would require digital distributors of media to display prominent “explicit content” warning labels on material that “predominantly appeals to the prurient, shameful, or morbid interest of children,” “is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children” and “lacks serious literary, artistic, political, scientific or educational value for children.” 

The bill calls for the warning label to be displayed on the front page of digital platforms, the label would need to appear for at least 10 seconds or until a user acknowledges the warning.

AB 962 passed 58-37. It would require app developers and app stores to verify the age of users and get parental consent before children are able to download or purchase apps or make in-store purchases. Accounts belonging to a minor would have to be affiliated with an account owned by a parent.

AB 963 passed 60-35. It would require social media platforms that bring in more than $1 billion in revenue per year to take several steps, including estimating the age of users and for minors,  setting their privacy to the most private settings, turning off addictive features and prohibiting profile-based, paid commercial advertising in their feeds. 

Trump accounts

The Assembly also approved bills to provide state funds to the “Trump accounts” program. 

The federal tax and spending bill signed into law by President Donald Trump last year included a measure to allow parents to create dedicated “Trump accounts” similar to IRA accounts, for their children. Parents of babies born between Jan. 1, 2025 through the end of 2028 and who are U.S. citizens with a valid Social Security number will be eligible to have $1,000 deposited in the account from the federal government. 

AB 996 would provide a state match for the accounts. AB 997 includes the $60 million in annual funding for the 2025-27 budget cycle for proposal. Both passed 62-35 with eight Democrats joining Republicans in favor.

“People are not saving at the right pace for retirement,” said the author of both bills, Rep. Elijah Behnke (R- Town of Chase). “The reason this is the best possible policy is because you’re investing in your kids’ future.” 

Joers said the money should be invested in other priorities that could help children and parents more and expressed concerns about the federal program not being up and running yet.

“I think that we need to do a lot better for our kids and our parents,” Joers said. “This bill takes money that we should be giving to our children and our parents right now and instead takes it and gives it to a federal program that has not even been set up yet. I know the president wandered around stage with Nicki Minaj, but this program has not started yet.” 

“Kids need this money now, not 18 years from now. They need it now in their schools they need this money. Let’s keep the promise that we made in our budget to fund special education reimbursement.”

“Immoral conduct” investigations

The Assembly also approved two additional bills that were introduced after an investigation by the CapTimes that found there were over 200 investigations into teacher licenses due to allegations of sexual misconduct or grooming from 2018 to 2023. 

The bills seek to provide new rules on how “immoral conduct” investigations are conducted.

AB 1003, which passed on a voice vote, would prohibit the Department of Public Instruction from ending an investigation into a license holder accused of immoral conduct without a determination on whether there should be a license revocation or termination. The prohibition wouldn’t apply if a licensee permanently surrenders the licenses and waives their rights to a future appeal. 

AB 1004, which passed 87-8, prohibits public and private schools from entering agreements that would suppress information on the immoral conduct of an employee, would affect the report of immoral conduct by an employer or employees or require an education employer to expunge information about allegations of findings or immoral conduct. 

Other bills on the issue that have passed the Assembly or Senate include one to create a “grooming” crime in Wisconsin, one to ensure school districts have policies on appropriate communications and one to require DPI to maintain an online licensing portal that is searchable by the public at no cost. 

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Assembly committee votes on bill to boost funding for ‘demonstration’ charter school

One City Schools founder and CEO Kaleem Caire, left, foreground, and state Rep. Shelia Stubbs (D-Madison), center, take part in a Jan. 28 hearing on a bill to boost funding for "demonstration" charter schools. (Photo by Baylor Spears/Wisconsin Examiner)

Update:
GOP members pass bill

The Assembly Committee on Colleges and Universities voted 6-5 Wednesday to recommend AB 818 for passage.

All committee Republicans voted in favor of the measure except for Rep. Amanda Nedweski (R-Pleasant Prairie), who joined the committee’s four Democrats in voting against the bill.

Wisconsin lawmakers are set to advance a bill that would create a “demonstration” charter school designation and boost state aid for that school by more than 50%.

During the Jan. 28 public hearing, Rep. Robert Wittke (R-Caledonia) and Sen. Rachael Cabral-Guevara (R-Appleton) said the bill would help create a mechanism in the state to try out innovative teaching methods and export them across the state.

“Right now, we are reinventing the wheel in isolation rather than sharing the blueprint for success,” Wittke said. “A teaching hospital receives higher funding to train research and innovate. Similarly, a demonstration school would be a K-12 education lab.” 

Independent charter schools are different from traditional charter schools. They are not authorized by a public school district and do not answer to a public school board, but instead are authorized by one of a number of designated authorizers, including the Universities of Wisconsin’s Office of Educational Opportunity (OEO).

AB 818 would allow the Office of Educational Opportunity to designate a school that meets a certain set of criteria as a “demonstration” charter school. For a school to receive the designation, it would need to participate in a longitudinal study; provide professional development opportunities; share the best practices from its educational model to other schools and maintain partnerships with community organizations. 

The school would receive an additional $6,863 per pupil — a 55% increase from its current funding. The bill is scheduled for a vote in the Assembly Colleges and Universities committee Tuesday.

Wittke said that any school authorized through the Office of Educational Opportunity could apply once the program is set up. 

“Once this bill would get signed into law, they would have to make an application to be designated as this. Any other charter school that is under the OEO presence could make an application to do the same. There could be others that want to be chartered under OEO for the purpose of doing this. We would love to see that,” Wittke said. “This is an idea that was brought in front of me, so we looked at this framework. It wasn’t to preclude anyone, but this is what I believe is a step in the right direction so that others can follow, and we can start moving the needle up so that our children will realize opportunities that are in front of us.”

The UW Office of Educational Opportunity currently authorizes nine schools, though there is one that is seeking to serve as a model for what the bill proposes.

One City Schools, a Madison area independent charter school, operates One City Elementary and One City Preparatory Academy. The two schools serve kindergarten through 8th grade, in Monona. It also operates One City Preschool, which serves ages 2 through 4-year-old kindergarten, on Madison’s south side.

Kaleem Caire, One City Schools’ founder and CEO, told lawmakers that the organization is trying to serve students who have not been served by traditional schools, as well as to act  as an incubator for innovation. But One City Schools is always in need of money to continue operating.

“If any of you have money that you don’t like, you can send it to One City Schools,” Caire quipped, adding, “Yes, we are always at risk of closing our doors” because of the needs of students. 

He said the student population of One City Schools is 94% students of color, about 70% students in poverty and 17% special needs.

“We are the least funded public school,” he said.

The school has struggled with sustainable growth in the past. In 2023, the school sent 51 ninth- and tenth-graders back to Madison Metropolitan School District after one semester due to teacher shortages, pausing its high school aspirations for several years.

At the time, Caire said the school would reopen its high school in 2025, but as of last year, those plans have been delayed until 2026-27 due to its eighth grade enrollment numbers, facility readiness and funding uncertainties.

Caire said the independent charter school currently serves about 400 students and its preschool serves about 80. Practices that he said set the schools apart from traditional schools include providing breakfast and lunch to students each day and its partnership with Project Read AI, an artificial intelligence program meant to help teach literacy.

The bill has support of one Democratic lawmaker: Rep. Shelia Stubbs (D-Madison), whose district includes the schools.

Stubbs urged lawmakers to support the bill, calling the school a “pioneer in providing innovative, high quality education and wrap-around support services to some of Dane County’s and Wisconsin’s most vulnerable scholars.” She said the bill will “ensure that an operator with an innovative learning model is able to continue improving the educational outcome of hundreds of scholars in our community every year.” 

Stubbs said the additional funding would come from the existing charter school payment appropriation.

“Why do we need to spend more if you’re really successful?” Rep. Dave Murphy (R-Hortonville) asked Caire, who said that the organization currently must raise about $5 million annually to meet the needs of its students.

According to written testimony provided by One City Schools, the organization’s long-term sustainability goal will rely on increased state funding, including by nearly doubling its student base and boosting state aid overall. 

“Their goal is to reach 900 students, which they consider a funding tipping point where they’ll receive more predictable public funding and substantially reduce their need for private support,” the testimony stated. It also identified a plan for achieving financial sustainability including securing multi-year funding, growing enrollment, achieving “economies of scale” and increasing state aid.

Rep. Jerry O’Connor (R-Fond Du Lac) said he didn’t think the funding in the bill would provide a “phenomenal advantage” to the schools, but would instead give them, as independent charter schools, “equal funding.” 

“These are poor lives and kids and people, so I don’t have a problem with the funding,” O’Connor said. “I like the fact that the rules are in place. There’s accountability. There are consequences.”

Democratic lawmakers expressed caution and concerns about the bill, saying they weren’t sure how it would help schools and students more broadly. 

“It feels like you all are doing some amazing things at One City and I appreciate that. I think most schools would like to have the holistic approach that you are aiming for, but money is always the issue,” Rep. Jodi Emerson (D-Eau Claire), a member of the committee, said during the hearing. 

Emerson noted that Democratic lawmakers have proposed legislation that would allow for free school meals at all public and voucher schools in the state. “That’s what I’d like to see our body advocating for more than picking winners and losers, and to be honest, sir, I feel like that’s what this bill is right now.”

Caire told lawmakers that there aren’t other schools that have volunteered to serve as a “demonstration” school for the state.

“That is why we’re coming here to you,” Caire said. “How many public schools in Wisconsin do you know of are germinating this level of opportunity for kids intentionally to scale across the country at an affordable price?… What we’re asking the state for is the average per-pupil revenue that the average public school system gets from the state of Wisconsin.”

The Wisconsin Education Association Council (WEAC), the state’s largest teachers union, opposes the bill, saying it would further drain resources from traditional public schools. 

“This bill hands a single, unaccountable charter operator a funding windfall that educators in every comer of this state can only dream of for their own students,” WEAC said in written testimony. 

The union said the bill comes as public schools continue to face difficulties, and as state funding has not kept pace with inflation.

In the most recent state budget cycle, Wisconsin’s traditional public schools did not receive any increase in its state per-pupil aid. The budget did provide additional funding for special education, but the available funds are not expected to meet the percentage promised by lawmakers and Gov. Tony Evers. School districts are instead turning to property tax increases to raise additional funds.

“Public school educators experience the consequences of state budget choices every day in crowded classrooms, growing student mental health needs, outdated materials, and painful cuts to electives that once kept kids engaged in school,” WEAC’s statement said. “AB 818 does nothing to address those real and urgent problems. Instead, it carves out a special lane for one favored type of charter operator and invites others to line up for the same bonus, further draining resources from the vast majority of students who attend public schools that are transparent, democratically governed, and open to all.” 

Democratic lawmakers on the Assembly Education Committee, including Reps. Francesca Hong (D-Madison), Christian Phelps (D-Eau Claire), Angelina Cruz (D-Racine) and Joe Sheehan (D-Sheboygan), submitted testimony opposing the bill. They said they had concerns the legislation would divert resources from public schools and continue a pattern of “linking education privatization to segregation.” 

“Policies that funnel public money toward select private and charter operators have repeatedly exacerbated segregation and disparities along lines of race, socioeconomic background, disability status, and more, leaving public schools with fewer resources to meet all students’ needs despite our constitutional obligation to help them do so,” the lawmakers stated. “AB 818 promises to continue that legacy.” 

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Wisconsin lawmakers seek ‘bell-to-bell’ cell phone ban and internet regulations for children

Washington, D.C., and 38 states have enacted some form of statewide restriction or requirement for districts to limit student phone use. Of those, 18 have bans for the entire day. (Photo by SDI Productions via Getty Images)

Wisconsin lawmakers are calling for the state to ban cell phones throughout the school day and to implement regulations on social media and other platforms in an effort to protect children from the negative consequences of internet and social media use.

The bills regulating cellphone and internet use are the result of a task force organized by Assembly Speaker Robin Vos (R-Rochester) last year. The group of lawmakers, which met four times, was tasked with examining the effects of social media on youth development, evaluating the benefits and drawbacks to children having unlimited, unsupervised access to the internet and assessing the risks and dangers of children being online.

Bell-to-bell cell phone ban

Following the lead of several other states, Wisconsin lawmakers are pushing for a “bell-to-bell” cell phone ban in schools, about six months before school districts in Wisconsin are required to implement the instructional cell phone ban in schools recently required by state law. 

Washington, D.C., and 38 states have enacted some form of statewide restriction or requirement for districts to limit student phone use. Of those, 18 have bans for the entire day. 

AB 948 would require policies banning cell phone use in school to prohibit them throughout the entire school day including during instructional time, recess, the time students travel between classes and the lunch period. This would need to be implemented by July 1, 2027, under the bill. 

Rep. Lindee Brill (R-Sheboygan Falls) told lawmakers on the Assembly Education committee that the bill is just one part of a “multifaceted approach” to addressing the question of protecting children online. 

“If schools can be a safe zone that this bill helps implement, that is a huge piece,” she said. 

Brill said that a student during one of the task force meetings said that he had many experiences on social media and “most of them were bad” and that social media “brings you down.”

Wisconsin recently enacted a statewide cell phone ban, signed into law by Gov. Tony Evers in October. But  2025 Wisconsin Act 42 only requires school districts to implement policies that ban cellphones during instructional times. These policies need to include exceptions for emergencies, for educational purposes and cases involving student health care, individualized education plans (IEPs) or 504 plans (learning environment accommodations).

Even prior to the recent state law, according to a Wisconsin Policy Forum report, most Wisconsin school districts already restricted student cellphone use, though policies and enforcement varied widely across the state.

However, Brill said the state should go further.

“School districts are right now considering adopting these policies independently and there’s a groundswell of parents calling for it,” Brill said.

Rep. Joel Kitchens (R-Sturgeon Bay), who led the first cellphone ban law, noted that he got a lot of pushback when he first proposed the idea because it was a “fairly new concept.” He said he would have liked to pass a bell-to-bell ban to begin with, but he didn’t think there was the political support necessary.

“Since that time, though, this issue has exploded across the country and Wisconsin is now on the weaker end of it,” Kitchens said, adding that New York, a Democratic-led state, and Louisiana, a Republican-led state, have the strictest bans in the country.

AB 948 would also explicitly allow school districts to use pouches or other storage devices for cellphones or ban having cellphones on school premises. 

Democratic lawmakers on the education committee questioned the approach as a  “one-size-fits-all” solution to the issue of cellphones, as well as the exclusion of the state’s private choice and independent charter schools, which receive taxpayers dollars, from the requirement.

“Why the one-size-fits-all nature of this?” Rep. Christian Phelps (D-Eau Claire) asked. He noted that there may be students who have a part-time job and need to stay in-touch with their employers during the school day and asked whether lawmakers would be open to allowing exceptions for phones during lunch if a school chooses.

“We did it for 200 years without cellphones before and I think we can do it again,” Kitchens said. “The more you understand the issue the more clear it becomes. You have to have a strict policy.”

Rep. Joe Sheehan (D-Sheboygan) said that the superintendent of the school district in the area he represents in the Assembly did not want the broader ban on cellphones. He also asked about the exclusion of the state’s voucher schools. He said if the schools don’t want to follow the regulations placed on schools getting taxpayer funding then “don’t take the money.” 

Brill said that parents are sending their children to voucher schools so they can get the education that fits their children best and that she doesn’t want there to be “punitive damages on private schools because they’re getting tax dollars when, in reality, it’s that child who’s getting the education.”

Kitchens said a bill that only includes public schools is all they can get done “politically” right now.

No one else testified on the bill.

Regulations on content, social media access

The Assembly Children and Families committee took up a set of bills that would regulate social media companies and platforms. 

AB 961 would require distributors of media, including print publications and digital platforms, to use prominent “explicit content” warning labels.

Rep. Joy Goeben (R-Hobart) said the bill would establish a “common-sense framework ensuring that material intended strictly for adults … is clearly identified before it is accessed.”

The bill defines “explicit content” as material “intended for an adult audience” that “lacks serious literary, artistic, political, or scientific value” and that “depicts or describes sexual conduct in a patently offensive way.”

Under the bill, the warning label would need to be on the front cover or first page or on the packaging for print publications and for digital platforms, the label would need to appear for at least 10 seconds or until a user acknowledges the warning.

The warning label would need to be similar to: “WARNING: This material contains explicit content that may be harmful or offensive. Viewer discretion is advised. Not intended for minors.”

“Ultimately, this bill is about consumer transparency, helps protect minors by ensuring explicit material clearly is labeled and responsibly presented,” Goeben said. 

Rep. Jill Billings (D-La Crosse) asked Goeben whether she would be open to an amendment to remove printed materials from the bill, citing concerns from book sellers. 

“If this got this signed, you betcha I would, but realistically most things that are sold, aren’t they sold, like, in a wrapper?” Goeben asked, adding that she didn’t think it would be fair to social media or internet stakeholders to exclude printed materials.

“I think we really need to think about applying equally to all the people who create disturbing content,” Goeben said. 

“Maybe take print media out of it because again… this isn’t like the emerging technology where parents are struggling with trying to address what their kids are seeing and how they’re putting parental controls on it. Print media is a bit of a different animal,” Billings said. 

AB 962 would require app developers and app stores to verify the age of users and, if they identified a minor’s account, to get parental consent before child users are able to download or purchase apps or make in-store purchases. Accounts belonging to a minor would have to be affiliated with an account owned by a parent.

Goeben said the bill would give parents tools they have been asking for. 

“Parents should never discover after the fact that an app that their child has used daily has become more invasive or more dangerous,” Goeben said. “This proposal is narrowly and carefully tailored… it does not ban apps or censor content or interfere with innovation… What it does do is establish clear and uniform rules so families are no longer forced to navigate a confusing patchwork of opaque policies… written by corporations.” 

The bill would also prohibit apps and app stores from enforcing a contract or terms of service against a minor unless there is parental consent. And it bars knowingly misrepresenting any information in a parental consent disclosure and sharing or disclosing any personal information collected when conducting age verification.

The bill includes a provision to allow a minor or parent of a minor harmed by a violation to bring civil action against an app store provider or developer. They could be awarded actual damages or $1,000 for each violation, whichever amount is greater, and punitive damages if the violation was egregious, as well as court costs and reasonable attorney fees.

AB 963 would impose a number of requirements related to underage users on social media platforms that bring in more than $1 billion in revenue per year. Social media platforms would need to estimate the age of users and whether they are minors. 

The requirements include setting the default privacy settings at the most private; not allowing for “addictive features” including infinite scrolling, a profile-based feed, push notifications, autoplay and displaying likes; and preventing profile-based, paid commercial advertising in a minor’s feed.

Platforms would also need to terminate an account if they have reason to believe the user is a minor without parental consent. If a parent requests the termination of a child’s account, it must be done within 14 days, and the means to terminate an account must be clear, simple, and easy to locate. 

The bill includes a provision to allow a private civil action by a parent or child aggrieved by a negligent, reckless or knowing violation for declaratory or injunctive relief and damages. If the violation was reckless or knowing, the parent or minor would be entitled to $10,000 or actual damages per violation.

Brittney and Luke Bird, the parents of Bradyn Bohn, the 15-year-old who killed himself after falling victim to sextortion, testified in favor of the bill. They have become prominent advocates for online safety and child protection in the wake of the death of their son. 

Luke Bird told lawmakers on the committee that the bills are “meaningful steps towards preventing further tragedies.” 

“Over the last 11 months, we’ve learned firsthand how inadequate current safeguards are when it comes to internet use. The dangers are real, they’re immediate, and they’re widespread and growing,” he said. “There’s an active case against Meta involving sextortion scams. Snapchat is facing cases tied to drug distribution. TikTok has been tied to dangerous online challenges…. As parents and as citizens we’re expected to trust that our children can safely navigate these digital spaces. We believe safeguards, accountability and stronger protections must be put in place. That begins with you, in here.”

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