Text: SSB01034 Text: SSB01036 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. LEGISLATIVE INTENT.
1 2 In recognition of the growth of commerce conducted on the
1 3 internet, it is the intent of the general assembly to support
1 4 and encourage the availability of goods and services to
1 5 consumers in the state of Iowa from legitimate internet
1 6 businesses operating commercial websites, and to enhance
1 7 public confidence in the purchase of goods and services from
1 8 those commercial websites. The general assembly strongly
1 9 encourages self-regulation of persons transacting business via
1 10 the internet by making available certain business information
1 11 at their commercial website, and encourages persons
1 12 transacting business via the internet without a physical
1 13 presence in this state to appoint an agent with a physical
1 14 presence in this state who may be served with legal process in
1 15 the event of a dispute arising out of an internet business
1 16 transaction.
1 17 Sec. 2. NEW SECTION. 554E.1 DEFINITIONS.
1 18 As used in this chapter, unless the context otherwise
1 19 requires:
1 20 1. "Domain name" means a globally unique, hierarchical
1 21 reference to an internet host or service, assigned through a
1 22 centralized internet naming authority.
1 23 2. "Person" means an individual, corporation, business
1 24 trust, estate, trust, partnership, limited liability company,
1 25 limited liability partnership, limited liability limited
1 26 partnership, association, joint venture, governmental agency,
1 27 public corporation, or any other legal or commercial entity.
1 28 Sec. 3. NEW SECTION. 554E.2 OWNERSHIP INFORMATION –
1 29 APPOINTMENT OF AGENT.
1 30 1. Any person organized under the laws of this state,
1 31 authorized to transact business in this state, or which has
1 32 appointed an agent for service of process in this state, and
1 33 which sells or leases goods or services to residents of this
1 34 state via the internet, shall make available at or from any
1 35 commercial website it maintains the name of the legal owner of
2 1 each domain name from which the website is accessible, the
2 2 address of its principal office wherever located, and
2 3 information pertaining to its agent for service of process in
2 4 this state, which shall include name, address, and telephone
2 5 number.
2 6 2. Any person not organized under the laws of this state,
2 7 not authorized to transact business in this state, not having
2 8 appointed an agent for service of process in this state, and
2 9 which sells or leases goods or services to residents of this
2 10 state via the internet, shall not designate a forum other than
2 11 a forum located in this state for the resolution of disputes
2 12 pertaining to such sales or leases, unless such person
2 13 appoints and continuously maintains in this state an agent for
2 14 service of process.
2 15 a. If an agent is appointed for service of process
2 16 pursuant to this subsection, the person shall make available
2 17 at or from any commercial website it maintains the name of the
2 18 legal owner of each domain name from which the website is
2 19 accessible, the address of its principal office wherever
2 20 located, and information pertaining to its agent for service
2 21 of process in this state, which shall include name, address,
2 22 and telephone number.
2 23 b. The appointment of an agent for service of process
2 24 pursuant to this subsection shall not constitute the person's
2 25 consent to the personal jurisdiction of the courts of this
2 26 state over the person.
2 27 c. An agent for service of process appointed pursuant to
2 28 this subsection may be an individual, a domestic or foreign
2 29 corporation, a limited liability company, a limited liability
2 30 partnership, or a limited liability limited partnership
2 31 authorized to transact business in this state.
2 32 EXPLANATION
2 33 This bill relates to disclosure of certain information by
2 34 persons engaged in selling or leasing goods or services via
2 35 the internet. The bill provides that the general assembly
3 1 supports and encourages the availability of goods and services
3 2 to Iowa consumers from legitimate internet businesses
3 3 operating commercial websites, and wishes to enhance public
3 4 confidence in purchasing those goods and services. The bill
3 5 provides that the general assembly strongly encourages self-
3 6 regulation of persons transacting business via the internet by
3 7 disclosing certain business information at their commercial
3 8 website, and encourages persons transacting business via the
3 9 internet without a physical presence in this state to appoint
3 10 an agent for service of process. The bill provides
3 11 definitions for the terms "domain name" and "person".
3 12 The bill also provides that a person organized under the
3 13 laws of this state, authorized to transact business in this
3 14 state, or which has otherwise appointed an agent for service
3 15 of process in this state, who sells or leases goods or
3 16 services via the internet, shall disclose ownership and
3 17 contact information regarding each domain name from which the
3 18 website is accessible, the address of its principal office,
3 19 and identifying information pertaining to its agent for
3 20 service of process.
3 21 The bill provides that any person not organized under the
3 22 laws of this state, not authorized to transact business in
3 23 this state, or not having appointed an agent for service of
3 24 process in this state, who sells or leases goods or services
3 25 via the internet, shall not designate a forum other than a
3 26 forum located in this state for dispute resolution, unless an
3 27 agent is appointed and continuously maintained in this state
3 28 for service of process. The bill provides that if an agent is
3 29 appointed for service of process, the person shall disclose
3 30 ownership and contact information regarding each domain name
3 31 from which the website is accessible, the address of its
3 32 principal office, and identifying information pertaining to
3 33 its agent for service of process, but that the appointment
3 34 shall not constitute consent to the personal jurisdiction of
3 35 the courts of this state. The bill specifies the types of
4 1 individuals or entities that may be appointed an agent for
4 2 service of process.
4 3 LSB 1646XC 79
4 4 rn/cf/24
Text: SSB01034 Text: SSB01036 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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