Text: SF02064                           Text: SF02066
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Senate File 2065

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  714.17A  PROMOTING DUPLICATIVE
  1  2 SERVICES AVAILABLE FROM GOVERNMENTAL BODIES.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Duplicative service" means a service provided by a
  1  6 person other than a governmental body who is engaged in the
  1  7 business of selling or offering to sell information, goods, or
  1  8 functions, if the information, goods, or functions are
  1  9 obtained from a governmental body and are routinely provided
  1 10 by the governmental body to persons generally without charge.
  1 11 A duplicative service does not include a service provided by a
  1 12 person including a professional practice, business, or
  1 13 nonprofit corporation, if the service is provided as one of
  1 14 the following:
  1 15    (1)  An incidental part of other services provided by the
  1 16 person which are not duplicative.
  1 17    (2)  A means to allow a person to receive information,
  1 18 goods, or functions in a convenient manner, including the
  1 19 provision of information in an electronic format as or part of
  1 20 a compilation of materials.
  1 21    b.  "Governmental body" means the government of this state,
  1 22 including its agencies and political subdivisions; the
  1 23 government of the United States, including its agencies; the
  1 24 government of another state, including its agencies and
  1 25 political subdivisions; and the District of Columbia.
  1 26    c.  "Promote" means to present a commercial message in any
  1 27 medium, including but not limited to, print, radio,
  1 28 television, sign, display, label, tag, or articulation.
  1 29    d.  "Promoter" means a person other than a governmental
  1 30 body who promotes the availability of a duplicative service.
  1 31    2.  a.  A promoter shall not promote the availability of a
  1 32 duplicative service in this state, unless the promoter
  1 33 provides the following disclaimer:  
  1 34                       NOTICE TO CONSUMERS
  1 35                      DUPLICATIVE SERVICES
  2  1    THE SERVICES OFFERED HERE ARE AVAILABLE WITHOUT CHARGE FROM
  2  2 (HERE INSERT NAME OF GOVERNMENTAL BODY).  BEFORE PAYING ANY
  2  3 MONEY TO THIS BUSINESS YOU ARE ADVISED TO CONTACT (HERE INSERT
  2  4 NAME OF GOVERNMENTAL BODY) FOR FURTHER ASSISTANCE.
  2  5    b.  If the promotion is made in a document, the notice
  2  6 shall appear in fourteen-point boldface type.
  2  7    3.  A person violating this section is guilty of a serious
  2  8 misdemeanor.  
  2  9                           EXPLANATION
  2 10    This bill regulates duplicative services, which are defined
  2 11 in the bill to mean any service provided by a person other
  2 12 than a governmental body who is engaged in the business of
  2 13 selling or offering to sell information, goods, or functions,
  2 14 if the information, goods, or functions are obtained from a
  2 15 governmental body and are routinely provided by the
  2 16 governmental body to persons generally without charge.  A
  2 17 duplicative service does not include a service provided by a
  2 18 person as an incidental part of other services provided by the
  2 19 person which are not duplicative of a service which provides
  2 20 information, goods, or functions for the convenience of a
  2 21 consumer.
  2 22    The bill provides that a person who promotes such a service
  2 23 must provide a notice to consumers advising them to contact
  2 24 the appropriate governmental body for further assistance prior
  2 25 to paying any money for the offered service.
  2 26    A person who does not provide such a notice is guilty of a
  2 27 serious misdemeanor.  
  2 28 LSB 3486SS 77
  2 29 da/cf/24.2
     

Text: SF02064                           Text: SF02066
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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