Text of ID H 448 (2024)

LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature Second Regular Session - 2024 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 448 BY STATE AFFAIRS COMMITTEE AN ACT 1 RELATING TO LIABILITY FOR PUBLISHERS AND DISTRIBUTORS OF MATERIAL HARMFUL TO 2 MINORS ON THE INTERNET; AMENDING TITLE 48, IDAHO CODE, BY THE ADDITION 3 OF A NEW CHAPTER 21, TITLE 48, IDAHO CODE, TO PROVIDE LEGISLATIVE FIND- 4 INGS AND INTENT, TO DEFINE TERMS, TO PROHIBIT THE INTENTIONAL PUBLICA- 5 TION OR DISTRIBUTION OF MATERIAL HARMFUL TO MINORS ON THE INTERNET, TO 6 PROVIDE FOR A PRIVATE CAUSE OF ACTION, TO PROVIDE AFFIRMATIVE DEFENSES, 7 TO PROVIDE FOR VENUE FOR CIVIL ACTIONS, TO PROVIDE FOR THE EXCLUSIVITY 8 OF PRIVATE CIVIL ENFORCEMENT, TO PROVIDE FOR CERTAIN IMMUNITY AND LIM- 9 ITS ON STATE COURT JURISDICTION, AND TO PROVIDE FOR SEVERABILITY; AND 10 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Title 48, Idaho Code, be, and the same is hereby amended 13 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 14 ter 21, Title 48, Idaho Code, and to read as follows: 15 CHAPTER 21 16 LIABILITY FOR PUBLISHERS AND DISTRIBUTORS OF MATERIAL HARMFUL TO MINORS 17 ON THE INTERNET 18 48-2101. LEGISLATIVE FINDINGS AND INTENT. (1) The provisions of this 19 chapter are intended to provide a civil remedy for damages against commer- 20 cial entities that publish or distribute material that is harmful to minors 21 on the internet. The legislature finds that pornography is creating a public 22 health crisis and having a corroding influence on minors. Due to advances 23 in technology, the universal availability of the internet, and limited age 24 verification requirements, minors are exposed to pornography earlier in 25 age. Pornography contributes to the hyper-sexualization of teens and pre- 26 pubescent children and may lead to low self-esteem, body image disorders, an 27 increase in problematic sexual activity at younger ages, and increased de- 28 sire among adolescents to engage in risky sexual behavior. Pornography may 29 also impact brain development and functioning, contribute to emotional and 30 medical illnesses, shape deviant sexual arousal, and lead to difficulty in 31 forming or maintaining positive, intimate relationships, as well as promote 32 problematic or harmful sexual behaviors and addiction. 33 (2) As provided in the Idaho consumer protection act that was passed by 34 the legislature in 1971 and allows consumers to seek legal remedies through 35 private lawsuits, it is the intent of the legislature to enable a minor per- 36 son, or the parent or guardian of such person, who is exposed to harmful mate- 37 rial on the internet to bring an action to recover damages. 38 (3) It is the intent of the legislature that the sovereign immunity 39 described in section 48-2108, Idaho Code, includes the constitutional 40 sovereign immunity recognized by the court in Seminole Tribe of Florida v. 41 2 Florida, 517 U.S. 44 (1996), and Alden v. Maine, 527 U.S. 706 (1999), which 1 applies in both state and federal court, and which may not be abrogated by 2 congress or by any state or federal court except pursuant to legislation au- 3 thorized by section 5 of the fourteenth amendment to the constitution of the 4 United States, by the bankruptcy clause of article I, by congress's powers to 5 raise and support armies and to provide and maintain a navy, or by any other 6 ground that might be recognized by the supreme court of the United States. 7 (4) With respect to the severability provisions of section 48-2109, 8 Idaho Code, it is the intent of the legislature that any court construing 9 such provisions be mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in 10 which, in the context of determining the severability of a state statute, 11 the supreme court of the United States held that an explicit statement of 12 legislative intent is controlling. It is the intent of the legislature that 13 every provision, section, subsection, sentence, clause, phrase, or word 14 in this chapter, and every application of the provisions in this chapter to 15 every person, group of persons, or circumstances, are severable from each 16 other. The legislature further declares that it intends to enact this chap- 17 ter, and each provision, section, subsection, sentence, clause, phrase, or 18 word, and all constitutional applications of the provisions of this chapter, 19 irrespective of the fact that any provision, section, subsection, sentence, 20 clause, phrase, or word, or applications of this chapter could be declared 21 invalid, preempted, or unconstitutional. 22 48-2102. DEFINITIONS. As used in this chapter: 23 (1) "Commercial entity" means a corporation, a limited liability com- 24 pany, a partnership, a limited partnership, a sole proprietorship, or an- 25 other legally recognized business entity. 26 (2) "Digitized identification card" means a data file available on any 27 mobile device that has connectivity to the internet through a state-approved 28 application that allows the mobile device to download a data file that con- 29 tains all of the data elements visible on the face and back of a license or 30 identification card and displays the current status of the license or iden- 31 tification card. 32 (3) "Harmful to minors" means: 33 (a) Material that the average person applying contemporary community 34 standards would find, taking the material as a whole and with respect to 35 minors, is designed to appeal to, or is designed to pander to, the pruri- 36 ent interest; 37 (b) Material that is devoted to or principally consists of descriptions 38 of actual, simulated, or animated displays or depictions of any of the 39 following, in a manner patently offensive with respect to minors: 40 (i) Pubic hair, anus, vulva, genitals, or nipple of the female 41 breast; 42 (ii) Touching, caressing, or fondling of nipples, breasts, but- 43 tocks, anuses, or genitals; or 44 (iii) Sexual intercourse, masturbation, sodomy, bestiality, oral 45 copulation, flagellation, excretory functions, exhibitions, or 46 any other sexual act; and 47 (c) Material that, taken as a whole, lacks serious literary, artistic, 48 political, or scientific value for minors. 49 3 (4) "Information content provider" means any person or entity that is 1 responsible, in whole or in part, for the creation or development of informa- 2 tion provided through the internet or any interactive computer service. 3 (5) "Interactive computer service" means any information service, sys- 4 tem, or access software provider that provides or enables computer access 5 by multiple users to a computer server, including specifically a service or 6 system that provides access to the internet and such systems operated or ser- 7 vices offered by libraries or educational institutions. 8 (6) "Internet" means the international computer network of both fed- 9 eral and nonfederal interoperable packet-switched data networks. 10 (7) "Minor" means any person under the age of eighteen (18) years. 11 (8)(a) "News-gathering organization" means any of the following: 12 (i) An employee of a newspaper, news publication, or news source 13 that is printed or on an online or mobile platform, of current news 14 and public interest, while operating as an employee of such news- 15 gathering organization, who can provide documentation of such em- 16 ployment with the newspaper, news publication, or news source; or 17 (ii) An employee of a radio broadcast station, television broad- 18 cast station, cable television operator, or wire service while op- 19 erating as an employee of such news-gathering organization, who 20 can provide documentation of such employment. 21 (b) A website or an interactive computer service is not deemed to be a 22 news-gathering organization unless its primary business is as an infor- 23 mation content provider, news publisher, or broadcaster of current news 24 and public interest. 25 (9) "Publish" means to communicate or make information available to an- 26 other person or entity on a publicly available internet website. A commer- 27 cial entity shall not be considered the publisher of any material or informa- 28 tion provided by another information content provider. 29 (10) "Reasonable age verification methods" include verifying that the 30 person seeking to access the material is eighteen (18) years of age or older 31 by: 32 (a) Providing a digitized identification card as defined in this sec- 33 tion; or 34 (b) Requiring that the person attempting to access the material com- 35 plies with a commercial age verification system that verifies age in one 36 (1) or more of the following ways: 37 (i) Government-issued identification; or 38 (ii) Public or private transactional data. 39 (11) "Substantial portion" means more than one-third (1/3) of total ma- 40 terial on a website. If a website links by hypertext link to the material of 41 a third-party website, the material on such third-party website shall not be 42 considered toward the total percentage of material if that third-party web- 43 site does not contain material harmful to minors and if such linking does not 44 constitute an attempt to intentionally dilute the percentage calculation of 45 material harmful to minors in order to evade the provisions of this section. 46 (12) "Transactional data" means a sequence of information that docu- 47 ments an exchange, agreement, or transfer between an individual, commercial 48 entity, or third party used for the purpose of satisfying a request or event. 49 4 Transactional data may include but is not limited to records from mortgage, 1 education, and employment entities. 2 48-2103. INTENTIONAL PUBLICATION OR DISTRIBUTION OF MATERIAL HARM- 3 FUL TO MINORS ON THE INTERNET. (1) Any commercial entity that knowingly and 4 intentionally publishes material that is harmful to minors on the internet 5 from a website that contains a substantial portion of such material shall be 6 liable if the entity fails to perform reasonable age verification to verify 7 the age of individuals attempting to access the material or, after verifying 8 the age of the individual, provides a minor access to the material. 9 (2) Any commercial entity or third party that takes steps to perform 10 a reasonable age verification required pursuant to this chapter shall not 11 retain any identifying information of the individual after access has been 12 granted to the material. 13 (3) This chapter shall not apply to any bona fide news or public inter- 14 est broadcast, website video, report, or event and shall not be construed to 15 affect the rights of any news-gathering organizations. 16 (4) No internet service provider, affiliate of an internet ser- 17 vice provider, subsidiary of an internet service provider, search engine 18 provider, web browser provider, smart device manufacturer, computer man- 19 ufacturer, or cloud service provider shall be held to have violated the 20 provisions of this chapter solely for providing access or connection to 21 or from a website or other information or content on the internet or a fa- 22 cility, system, or network not under that provider's control, including 23 transmission, downloading, intermediate storage, or access software, to the 24 extent such provider is not responsible for the creation of the content of 25 the communication that constitutes material harmful to minors. However, an 26 interactive computer service is subject to the provisions of this section if 27 it knowingly benefits from: 28 (a) Being the information content provider for a commercial entity that 29 knowingly and intentionally publishes material harmful to minors in vi- 30 olation of subsection (1) of this section; or 31 (b) Being in a venture with a commercial entity that knowingly and in- 32 tentionally publishes material harmful to minors in violation of sub- 33 section (1) of this section. 34 (5) Nothing in this chapter shall be construed to create a conflict with 35 applicable federal law. 36 48-2104. PRIVATE CAUSE OF ACTION. (1) Any person exposed to material 37 harmful to minors in violation of section 48-2103, Idaho Code, including 38 the parent or guardian of a child exposed to material harmful to minors, has 39 standing to bring a civil action against any person or entity that is liable 40 under section 48-2103, Idaho Code, provided that no lawsuit may be brought 41 under this section against a provider or a user of an interactive computer 42 service if such lawsuit would be preempted by 47 U.S.C. 230(c). 43 (2) If a claimant prevails in an action brought under this section, the 44 court shall award: 45 (a) Injunctive relief sufficient to prevent the defendant from engag- 46 ing in the conduct described in section 48-2103, Idaho Code; 47 (b) Nominal and compensatory damages; 48 5 (c) Statutory damages in an amount no less than ten thousand dollars 1 ($10,000); and 2 (d) Court costs and reasonable attorney's fees. 3 (3) Notwithstanding any other provision of law to the contrary, a per- 4 son may bring an action under this section no later than four (4) years after 5 the date the cause of action accrued. 6 (4) Notwithstanding any other provision of law to the contrary, the 7 following shall not be a defense to an action brought under this section: 8 (a) Ignorance or mistake of law; 9 (b) A defendant's belief that the requirements or provisions of this 10 chapter are unconstitutional or were unconstitutional; 11 (c) A defendant's reliance on any court decision that has been vacated, 12 reversed, or overruled on appeal or by a subsequent court, even if that 13 court decision had not been vacated, reversed, or overruled when the 14 cause of action accrued; 15 (d) A defendant's reliance on any state or federal court decision that 16 is not binding on the court in which the action has been brought; 17 (e) A defendant's reliance on any federal statute, agency rule or ac- 18 tion, or treaty that has been repealed, superseded, or declared invalid 19 or unconstitutional, even if that federal statute, agency rule or ac- 20 tion, or treaty had not been repealed, superseded, or declared invalid 21 or unconstitutional when the cause of action accrued; 22 (f) Nonmutual issue preclusion or nonmutual claim preclusion; 23 (g) Contributory or comparative negligence; 24 (h) Assumption of risk; 25 (i) Any claim that the enforcement of this chapter or the imposition of 26 civil liability against the defendant will violate the constitutional 27 rights of third parties, except as provided by section 48-2105, Idaho 28 Code. 29 (5) This chapter may not be construed to impose liability on speech or 30 conduct protected by the first amendment to the constitution of the United 31 States, as made applicable to the states through the supreme court of the 32 United States' interpretation of the fourteenth amendment to the constitu- 33 tion of the United States, or by section 9, article I of the constitution of 34 the state of Idaho. 35 (6)(a) Notwithstanding any other law to the contrary, neither the state 36 nor any of its political subdivisions nor any district or county attor- 37 ney, nor any officer or employee of this state or a political subdivi- 38 sion may: 39 (i) Act in concert or participation with anyone who brings suit 40 under this section; 41 (ii) Establish or attempt to establish any type of agency or fidu- 42 ciary relationship with a person who brings suit under this sec- 43 tion; 44 (iii) Make any attempt to control or influence a person's decision 45 to bring suit under this section or that person's conduct of the 46 litigation; or 47 (iv) Intervene in any action brought under this section. 48 (b) This subsection does not prohibit a person or entity described by 49 this subsection from filing an amicus curiae brief in the action as long 50 6 as that person or entity does not act in concert or participation with 1 the plaintiff or plaintiffs who sue under this section or violate any 2 provision of this subsection. 3 (7) Notwithstanding any other provision of law to the contrary, a court 4 may not award costs or attorney's fees to a litigant who is sued under this 5 section. 6 (8) Notwithstanding any other provision of law to the contrary, a civil 7 action under this section may not be brought against any person or entity in 8 response to conduct taken at the behest of federal agencies, contractors, or 9 employees that are carrying out duties under federal law if doing so would 10 violate the doctrines of preemption or intergovernmental immunity. 11 (9) Notwithstanding any other provision of law to the contrary, includ- 12 ing section 5-514, Idaho Code, the courts of this state shall have personal 13 jurisdiction over any defendant sued under this chapter to the maximum ex- 14 tent permitted by the fourteenth amendment to the constitution of the United 15 States. 16 (10) Notwithstanding any other provision of law to the contrary, the law 17 of Idaho shall apply to any civil action brought under this section, to the 18 maximum extent permitted by the constitution of the United States and the 19 constitution of the state of Idaho. 20 (11) Notwithstanding any other provision of law to the contrary, in- 21 cluding Idaho rule of civil procedure 77, a civil action under this section 22 may not be litigated on behalf of a plaintiff class or a defendant class, and 23 no court may certify a class under Idaho rule of civil procedure 77 in any 24 civil action brought under this section. 25 (12) Any waiver or purported waiver of the right to sue under this sec- 26 tion or chapter shall be void as against public policy and shall not be en- 27 forceable in any court. 28 48-2105. AFFIRMATIVE DEFENSES. (1) A defendant against whom an action 29 is brought under section 48-2104, Idaho Code, may assert an affirmative de- 30 fense to liability under this section if: 31 (a) The imposition of civil liability on the defendant will violate 32 constitutional or federally protected rights that belong to the defen- 33 dant personally; or 34 (b) The defendant: 35 (i) Has standing to assert the rights of a third party under the 36 tests for third-party standing established by the supreme court of 37 the United States; and 38 (ii) Demonstrates that the imposition of civil liability on the 39 defendant will violate constitutional or federally protected 40 rights belonging to that third party. 41 (2) The defendant shall bear the burden of proving the affirmative de- 42 fense that is provided for in subsection (1) of this section by a preponder- 43 ance of the evidence. 44 (3) Nothing in this chapter shall limit or preclude a defendant from as- 45 serting the unconstitutionality of any provision or application of Idaho law 46 as a defense to liability under section 48-2104, Idaho Code, or from assert- 47 ing any other defense that might be available under any other source of law. 48 7 48-2106. VENUE. (1) Notwithstanding any other provision of law to the 1 contrary, including chapter 4, title 5, Idaho Code, a civil action brought 2 under section 48-2104, Idaho Code, may be brought in: 3 (a) The county in which all or a substantial part of the events or omis- 4 sions giving rise to the claim occurred; 5 (b) The county of residence for any of the natural person defendants at 6 the time the cause of action accrued; 7 (c) The county of the principal office in this state of any of the defen- 8 dants that is not a natural person; or 9 (d) The county of residence for the claimant, if the claimant is a natu- 10 ral person residing in this state. 11 (2) If a civil action is brought under section 48-2104, Idaho Code, in 12 any of the venues described in subsection (1) of this section, then the ac- 13 tion may not be transferred to a different venue without the written consent 14 of all parties. 15 48-2107. PRIVATE CIVIL ENFORCEMENT EXCLUSIVE. (1) Notwithstanding 16 any other provision of law to the contrary, the requirements of this chapter 17 shall be enforced exclusively through the private civil actions described in 18 section 48-2104, Idaho Code. 19 (2) No direct or indirect enforcement of this chapter may be taken or 20 threatened by the state, a political subdivision, a district or county at- 21 torney, or any officer or employee of this state or a political subdivision 22 against any person or entity by any means. No violation of this section may 23 be used to justify or trigger the enforcement of any other law or any type of 24 adverse consequence under any other law, except as provided in this section. 25 (3) This section does not preclude or limit the enforcement of any other 26 law or regulation against conduct that is independently prohibited by such 27 other law or regulation and that would remain prohibited by such other law or 28 regulation in the absence of this chapter. 29 48-2108. IMMUNITY FROM SUIT AND LIMITS ON STATE-COURT JURISDIC- 30 TION. (1) Notwithstanding any other provision of law to the contrary, the 31 state and each of its subdivisions and their officers and employees shall 32 have sovereign immunity, governmental immunity, and official immunity, as 33 appropriate, in any action, claim, counterclaim, or any type of legal or 34 equitable action that challenges the validity of any provision or applica- 35 tion of this chapter, on constitutional grounds or otherwise, or that seeks 36 to prevent or enjoin the state or its political subdivisions or any of their 37 officers, employees, or agents from enforcing any provision or application 38 of this chapter, or from hearing, adjudicating, or docketing a civil action 39 brought under section 48-2104, Idaho Code, unless that immunity has been 40 abrogated or preempted by federal law in a manner consistent with the con- 41 stitution of the United States. The sovereign immunity conferred by this 42 section on the state and each of its officers and employees includes the con- 43 stitutional sovereign immunity recognized by the supreme court of the United 44 States. 45 (2) Notwithstanding any provision of law to the contrary, the immuni- 46 ties conferred by subsection (1) of this section shall apply in every court, 47 8 both state and federal, and in every adjudicative proceeding of any type 1 whatsoever. 2 (3) Notwithstanding any other provision of law to the contrary, no pro- 3 vision of state law may be construed to waive or abrogate an immunity de- 4 scribed in subsection (1) of this section unless it expressly waives or ab- 5 rogates immunity with specific reference to this section. 6 (4) Notwithstanding any other provision of law to the contrary, no at- 7 torney representing the state, its political subdivisions, or any officer, 8 employee, or agent of this state or a political subdivision is authorized or 9 permitted to waive an immunity described in subsection (1) of this section or 10 take any action that would result in a waiver of that immunity, and any such 11 action or purported waiver shall be regarded as a legal nullity and an ultra 12 vires act. 13 (5) Notwithstanding any other provision of law to the contrary, includ- 14 ing title 1, Idaho Code, chapter 12, title 10, Idaho Code, and Idaho appel- 15 late rules 5, 13, and 43, no court of this state may award declaratory or in- 16 junctive relief, or any type of stay or writ, including a writ of prohibi- 17 tion, that would pronounce any provision or application of this chapter in- 18 valid or unconstitutional or that would restrain or prevent the state, its 19 political subdivisions, any officer, employee, or agent of this state or a 20 political subdivision, or any person from implementing or enforcing any pro- 21 vision or application of this chapter, or from hearing, adjudicating, dock- 22 eting, or filing a civil action brought under section 48-2104, Idaho Code, 23 and no inferior court of this state shall have jurisdiction to consider any 24 action, claim, or counterclaim that seeks such relief. 25 (6) Nothing in this section or chapter shall be construed to prevent a 26 litigant from asserting the invalidity or unconstitutionality of any pro- 27 vision or application of this chapter as a defense to any action, claim, or 28 counterclaim brought against that litigant. 29 (7) Notwithstanding any other provision of law to the contrary, any ju- 30 dicial relief issued by a court of this state that disregards the immunities 31 conferred by subsection (1) of this section, or the limitations on jurisdic- 32 tion and relief imposed by subsection (5) of this section, shall be regarded 33 as a legal nullity because it was issued by a court without jurisdiction and 34 may not be enforced or obeyed by any officer, employee, or agent of this state 35 or a political subdivision, judicial or otherwise. 36 (8) Notwithstanding any other provision of law to the contrary, any 37 stay, writ, injunction, or declaratory judgment issued by a court of this 38 state that purports to restrain or prevent the state, its political sub- 39 divisions, any officer, employee, or agent of this state or a political 40 subdivision, or any person from hearing, adjudicating, docketing, or filing 41 a civil action brought under section 48-2104, Idaho Code, shall be regarded 42 as a legal nullity and a violation of the due process clause of the fourteenth 43 amendment to the constitution of the United States and may not be enforced 44 or obeyed by any officer, employee, or agent of this state or a political 45 subdivision, judicial or otherwise. 46 (9) Notwithstanding any other provision of law to the contrary, includ- 47 ing Idaho rule of civil procedure 77, no court may certify a plaintiff or 48 defendant class with respect to any claim that seeks declaratory or injunc- 49 tive relief, or any type of stay or writ, that would pronounce any provision 50 9 or application of this chapter invalid or unconstitutional, or that would 1 restrain or prevent the state, its political subdivisions, any officer, 2 employee, or agent of this state or a political subdivision, or any person 3 from enforcing any provision or application of this chapter, or from hear- 4 ing, adjudicating, docketing, or filing a civil action brought under section 5 48-2104, Idaho Code. 6 48-2109. SEVERABILITY. (1) If any application of any provision in this 7 chapter to any person, group of persons, or circumstances is found by a court 8 to be invalid, preempted, or unconstitutional, for any reason whatsoever, 9 then the remaining applications of that provision to all other persons and 10 circumstances shall be severed and preserved and shall remain in effect. All 11 constitutionally valid applications of the provisions in this chapter shall 12 be severed from any applications that a court finds to be invalid, preempted, 13 or unconstitutional because it is the legislature's intent and priority that 14 every single valid application of every statutory provision be allowed to 15 stand alone. 16 (2) If any provision of this chapter is found by any court to be uncon- 17 stitutionally vague, then the applications of that provision that are not 18 found to be constitutionally vague shall be severed and remain in force, con- 19 sistent with the severability requirements of this section. 20 (3) No court may decline to enforce the severability requirements of 21 this section or this chapter on the ground that severance would rewrite the 22 statute or involve the court in legislative or lawmaking activity. A court 23 that declines to enforce or enjoins a state official from enforcing a statu- 24 tory provision is never rewriting a statute or engaging in legislative or 25 lawmaking activity, as the statute continues to contain the same words as be- 26 fore the court's decision. A judicial injunction or declaration of uncon- 27 stitutionality: 28 (a) Is nothing more than an edict prohibiting enforcement of the dis- 29 puted statute against the named parties to that lawsuit, which may 30 subsequently be vacated by a later court if that court has a different 31 understanding of the requirements of the constitution of the state of 32 Idaho or United States constitution; 33 (b) Is not a formal amendment of the language in a statute; and 34 (c) No more rewrites a statute than a decision by the executive not to 35 enforce a duly enacted statute in a limited and defined set of circum- 36 stances. 37 (4) If any state or federal court disregards any of the severability 38 requirements of this section or this chapter and declares or finds any pro- 39 vision of this chapter facially invalid, preempted, or unconstitutional, 40 when there are discrete applications of that provision that can be enforced 41 against a person, group of persons, or circumstances without violating fed- 42 eral law or the federal or state constitutions, then that provision shall 43 be interpreted, as a matter of state law, as if the legislature had enacted 44 a provision limited to the persons, group of persons, or circumstances 45 for which the provision's application will not violate federal law or the 46 federal or state constitutions, and every court shall adopt this saving 47 construction of that provision until the court ruling that pronounced the 48 10 provision facially invalid, preempted, or unconstitutional is vacated or 1 overruled. 2 SECTION 2. An emergency existing therefor, which emergency is hereby 3 declared to exist, this act shall be in full force and effect on and after 4 July 1, 2024. 5