HF 830 (LSB 2352HV (2) 89)

HOUSE FILE 830

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 633)

A BILL FOR

An Act relating to the ability of elected officials to access and utilize certain internet sites and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554E.1  Definitions.
   1.  “Company” means and includes a person or an affiliate of a person who owns or operates any of the following:
   a.  A massive online marketplace.
   b.  A massive online video sharing website.
   c.  A massive social networking site.
   2.  “Elected official” means and includes an individual elected to, or appointed to fill, a federal, state, or local elective office. “Elected official” includes candidates for a federal, state, or local elective office.
   3.  “Expressive merchandise” means and includes any tangible personal property that contains or displays a viewpoint that constitutes constitutionally protected speech.
   4.  “Governmental entity” means and includes all of the following:
   a.  A unit of state government in the executive, legislative, or judicial branch.
   b.  A political subdivision of the state, including a city, county, township, school district, and any other governmental entity authorized to levy taxes.
   5.  “Massive online marketplace” means and includes an internet site that meets all of the following criteria:
   a.  Offers tangible personal property for sale to the general public.
   b.  Sells or facilitates the sale of expressive merchandise.
   c.  Had at least seventy-five million subscribers or members in the United States in the previous calendar year.
   6.  “Massive online video sharing website” means and includes an internet site that meets all of the following criteria: 
   a.  Allows users or the public to share videos with other users or the public.
   b.  Hosts, stores, provides, or otherwise facilitates access by individuals in the United States.
   c.  Has at least five hundred million videos available at any point in time.
   7.  “Massive social networking website” means and includes an internet site that meets all of the following criteria:
   a.  Allows users, through the creation of pages within the internet site or profiles or by other means, to provide information about themselves that is available to the public or to other users.
   b.  Allows users a mechanism for communication with other users.
   c.  Had at least twenty million subscribers or members in the United States in the previous calendar year.
    Sec. 2.  NEW SECTION.  554E.2  Prohibition on censorship of elected officials.
   1.  A company shall not intentionally affect the ability of an elected official to access or utilize the features of the company’s massive online marketplace, massive online video sharing website, or massive social networking website.
   2.  If the department of revenue or the economic development authority determine that a company has violated subsection 1, the company shall be prohibited from receiving from a governmental entity any future tax credits; assistance under section 15.335B; sales tax exemptions or refunds under chapter 423; property tax credits, exemptions, including but not limited to exemptions under chapter 427, rebates, refunds, reimbursements, or grants for property taxes paid; or any other special benefits, until the department of revenue or the economic development authority determine the company is no longer in violation of subsection 1.
   3.  Nothing in this section shall be construed to prohibit a company from restricting the ability of a citizen of this state to view, comment, or otherwise interact with content on the company’s massive online marketplace, massive online video sharing website, or massive social networking website if the content violates the terms, conditions, or policies to which a person must agree before the person is able to use the company’s massive online marketplace, massive online video sharing website, or massive social networking website.
   4.  The department of revenue and the economic development authority shall make available on their internet sites a system to allow elected officials to report potential violations of this chapter by a company.
    Sec. 3.  NEW SECTION.  554E.3  Rules.
   The department of revenue and the economic development authority shall adopt rules pursuant to chapter 17A to administer and interpret this chapter.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  APPLICABILITY.  This Act applies to all of the following approved before, on, or after the effective date of this Act, to the extent provided, received, or claimed by a company on or after the effective date of this Act:
   1.  Tax credits.
   2.  Assistance under section 15.335B.
   3.  Sales tax exemptions or refunds under chapter 423.
   4.  Property tax credits, exemptions, including but not limited to exemptions under chapter 427, rebates, refunds, reimbursements, or grants for property taxes paid.
   5.  Any other special benefits to be provided by a governmental entity to a company that is not otherwise available to the general public.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the ability of elected officials to access and utilize certain internet sites.
   The bill creates new Code chapter 554E. The bill adds several new defined terms to the Code chapter, including “company”, “elected official”, “expressive merchandise”, “governmental entity”, “massive online marketplace”, “massive online video sharing website”, and “massive social networking website”. 
   The bill prohibits a company from intentionally affecting the ability of an elected official to access or utilize the company’s massive online marketplace, massive online video sharing website, or massive social networking website. The bill provides that if the department of revenue or the economic development authority determine that a company has violated this prohibition, the company shall be prohibited from receiving from a governmental entity any future tax credits or other special benefits until the department or the authority determine the company is no longer in violation of the prohibition.
   The bill establishes that nothing in the new Code chapter shall be construed to prohibit a company from restricting the ability of a citizen of this state to interact with content on the company’s massive online marketplace, massive online video sharing website, or massive social networking website if the content violates the policies of the massive online marketplace, massive online video sharing website, or massive social networking website.
   The bill requires the department and the authority to make available on their internet sites a system to allow elected officials to report potential violations of the new Code chapter. Additionally, the bill requires the department and the authority to adopt rules to administer and interpret the new Code chapter. 
   The bill takes effect upon enactment and applies to tax credits and other assistance that were approved before, on, or after the effective date of the bill, to the extent that they are provided or claimed on or after the effective date of the bill.