Bill Status of HB4762  103rd General Assembly


Short Description:  DIGITAL LIKENESS PROTECTION

House Sponsors
Rep. Jennifer Gong-Gershowitz - Emanuel "Chris" Welch - Hoan Huynh, Travis Weaver, Thaddeus Jones, Maurice A. West, II, Stephanie A. Kifowit, Sue Scherer, Jenn Ladisch Douglass and Michelle Mussman

Senate Sponsors
(Sen. Mary Edly-Allen - Adriane Johnson - Michael E. Hastings)

Last Action
DateChamber Action
  5/15/2024HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately.

House Committee Amendment No. 1
Removes a provision that provides that the Act shall apply retroactively. Removes a provision that provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes. Provides that the Act applies to agreements entered into after the effective date of the Act. Defines terms. Makes other changes. Effective immediately.

House Floor Amendment No. 3
Makes a change in the definition of "digital replica". Corrects a grammatical error.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision does not include a reasonably specific description of the intended uses of the digital replica (rather than the provision does not clearly define and detail all of the proposed uses of the digital replica). Makes changes in provisions concerning collective bargaining agreements. Effective immediately.

Actions 
DateChamber Action
  2/5/2024HouseFiled with the Clerk by Rep. Jennifer Gong-Gershowitz
  2/6/2024HouseFirst Reading
  2/6/2024HouseReferred to Rules Committee
  2/14/2024HouseAssigned to Judiciary - Civil Committee
  3/5/2024HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  3/5/2024HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/12/2024HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/20/2024HouseAdded Chief Co-Sponsor Rep. Hoan Huynh
  3/21/2024HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/21/2024HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 014-000-000
  3/21/2024HousePlaced on Calendar 2nd Reading - Short Debate
  3/22/2024HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  3/25/2024HouseRemoved Co-Sponsor Rep. Emanuel "Chris" Welch
  3/25/2024HouseAdded Chief Co-Sponsor Rep. Emanuel "Chris" Welch
  4/5/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  4/5/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/10/2024HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
  4/10/2024HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/15/2024HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/15/2024HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Civil Committee
  4/15/2024HouseAdded Co-Sponsor Rep. Travis Weaver
  4/16/2024HouseAdded Co-Sponsor Rep. Thaddeus Jones
  4/16/2024HouseAdded Co-Sponsor Rep. Maurice A. West, II
  4/16/2024HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 014-000-000
  4/16/2024HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Civil Committee; 014-000-000
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2024HouseHouse Floor Amendment No. 2 Adopted
  4/18/2024HouseHouse Floor Amendment No. 3 Adopted
  4/18/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/18/2024HouseThird Reading - Short Debate - Passed 108-000-000
  4/18/2024HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  4/18/2024HouseAdded Co-Sponsor Rep. Sue Scherer
  4/18/2024HouseAdded Co-Sponsor Rep. Jenn Ladisch Douglass
  4/18/2024HouseAdded Co-Sponsor Rep. Michelle Mussman
  4/19/2024SenateArrive in Senate
  4/19/2024SenatePlaced on Calendar Order of First Reading
  4/19/2024SenateChief Senate Sponsor Sen. Mary Edly-Allen
  4/19/2024SenateFirst Reading
  4/19/2024SenateReferred to Assignments
  4/30/2024SenateAssigned to Judiciary
  4/30/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mary Edly-Allen
  4/30/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/30/2024SenateRule 2-10 Committee Deadline Established As May 10, 2024
  5/7/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/7/2024SenateSenate Committee Amendment No. 1 Adopted
  5/8/2024SenateDo Pass as Amended Judiciary; 009-000-000
  5/8/2024SenatePlaced on Calendar Order of 2nd Reading May 9, 2024
  5/9/2024SenateSecond Reading
  5/9/2024SenatePlaced on Calendar Order of 3rd Reading
  5/9/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Adriane Johnson
  5/9/2024SenateAdded as Alternate Chief Co-Sponsor Sen. Michael E. Hastings
  5/15/2024SenateThird Reading - Passed; 055-000-000
  5/15/2024HouseArrived in House
  5/15/2024HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1