Summary:

 House Bill 313 (HB 313) enacts the Digital Age Verification Act; defines terms; and provides for enforcement. 

Legislation Overview:

 House Bill 313 (HB 313) enacts the "Digital Age Verification Act" (DAVA). 

Definitions are provided for "application store," "covered manufacturer," "department," and "device." 

A covered manufacturer must 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. 

For devices sold prior to January 1, 2026, covered manufacturers must ensure that the requirements of this act are included in the device's operating system and application store versions and updates by default ninety days after the effective date of the DAVA.

The Department of Justice may promulgate rules in accordance with the DAVA to implement the provisions of that act. 

A violation of the DAVA is an unfair and deceptive trade practice actionable under the Unfair Practices Act. 


 

Current Law:

 
Current New Mexico law does not address digital age verification.