Senate File 8

                                       SENATE FILE       
                                       BY  JOHNSON


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the internet, by restricting advertising by
  2    governmental entities.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1247XS 80
  5 da/cf/24

PAG LIN

  1  1    Section 1.  Section 14B.101, Code 2003, is amended by
  1  2 adding the following new subsections:
  1  3    NEW SUBSECTION.  0A.  "Advertise" means to present a
  1  4 commercial message that is accessible using an information
  1  5 technology device, if the commercial message is presented for
  1  6 the purpose of promoting real property, goods, or services for
  1  7 sale, lease, barter, or auction.
  1  8    NEW SUBSECTION.  3A.  "Executive branch entity" means the
  1  9 office of the governor, the office of an elective
  1 10 constitutional or statutory officer, or any agency.
  1 11                          DIVISION III
  1 12               STATE COMPUTER USE AND ADVERTISING
  1 13    Sec. 2.  NEW SECTION.  14B.301  ADVERTISING PROHIBITED.
  1 14    1.  An executive branch entity shall not control an
  1 15 internet site that is used to distribute electronic
  1 16 information, including a public record, if the electronic
  1 17 information is presented with an advertisement or is the point
  1 18 of origin for an electronic link to another internet site that
  1 19 presents an advertisement.
  1 20    2.  For purposes of this section, an executive branch
  1 21 entity is deemed to control an internet site if the
  1 22 distribution of electronic information accessible from the
  1 23 internet site is made by any of the following:
  1 24    a.  An officer or employee of an executive branch entity
  1 25 while performing functions associated with employment.
  1 26    b.  A person who uses an executive branch entity's
  1 27 information technology device.
  1 28    c.  Another person, if the site is used to distribute
  1 29 electronic information, including a public record, originating
  1 30 from the site, and the advertising is approved by the
  1 31 executive branch entity.
  1 32    3.  This section does not apply to an internet site
  1 33 controlled by an executive branch entity if any of the
  1 34 following apply:
  1 35    a.  The internet site is the point of destination by a link
  2  1 from another internet site that is not controlled by an
  2  2 executive branch entity.
  2  3    b.  The advertisement is presented for the purpose of
  2  4 promoting real property, goods, or services for sale, lease,
  2  5 barter, or auction by a governmental entity.
  2  6                           EXPLANATION
  2  7    This bill restricts the use of the internet for
  2  8 nongovernmental advertising by executive branch entities.
  2  9    The bill restricts advertising by executive branch entities
  2 10 that maintain an internet presence.  Generally, the bill
  2 11 prohibits an entity from controlling an internet site that is
  2 12 used to distribute electronic information, including a public
  2 13 record, if the electronic information is presented with an
  2 14 advertisement or is the point of origin for an electronic link
  2 15 to another internet site that presents an advertisement.  The
  2 16 prohibition does not apply to an internet site that is the
  2 17 point of destination by a link from another internet site that
  2 18 is not controlled by an executive branch entity.  It also does
  2 19 not apply to an advertisement presented for the purpose of
  2 20 promoting real property, goods, or services for sale, lease,
  2 21 barter, or auction by a governmental entity.
  2 22 LSB 1247XS 80
  2 23 da/cf/24