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House File 830 - IntroducedA Bill ForAn Act 1relating to the ability of elected officials to access
2and utilize certain internet sites and including effective
3date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 554E.1 Definitions.
21. “Company” means and includes a person or an affiliate of
3a person who owns or operates any of the following:
4a. A massive online marketplace.
5b. A massive online video sharing website.
6c. A massive social networking site.
72. “Elected official” means and includes an individual
8elected to, or appointed to fill, a federal, state, or local
9elective office. “Elected official” includes candidates for a
10federal, state, or local elective office.
113. “Expressive merchandise” means and includes any tangible
12personal property that contains or displays a viewpoint that
13constitutes constitutionally protected speech.
144. “Governmental entity” means and includes all of the
15following:
16a. A unit of state government in the executive, legislative,
17or judicial branch.
18b. A political subdivision of the state, including a city,
19county, township, school district, and any other governmental
20entity authorized to levy taxes.
215. “Massive online marketplace” means and includes an
22internet site that meets all of the following criteria:
23a. Offers tangible personal property for sale to the general
24public.
25b. Sells or facilitates the sale of expressive merchandise.
26c. Had at least seventy-five million subscribers or members
27in the United States in the previous calendar year.
286. “Massive online video sharing website” means and includes
29an internet site that meets all of the following criteria:
30a. Allows users or the public to share videos with other
31users or the public.
32b. Hosts, stores, provides, or otherwise facilitates access
33by individuals in the United States.
34c. Has at least five hundred million videos available at any
35point in time.
-1- 17. “Massive social networking website” means and includes an
2internet site that meets all of the following criteria:
3a. Allows users, through the creation of pages within
4the internet site or profiles or by other means, to provide
5information about themselves that is available to the public
6or to other users.
7b. Allows users a mechanism for communication with other
8users.
9c. Had at least twenty million subscribers or members in the
10United States in the previous calendar year.
11 Sec. 2. NEW SECTION. 554E.2 Prohibition on censorship of
12elected officials.
131. A company shall not intentionally affect the ability
14of an elected official to access or utilize the features of
15the company’s massive online marketplace, massive online video
16sharing website, or massive social networking website.
172. If the department of revenue or the economic development
18authority determine that a company has violated subsection
191, the company shall be prohibited from receiving from a
20governmental entity any future tax credits; assistance under
21section 15.335B; sales tax exemptions or refunds under chapter
22423; property tax credits, exemptions, including but not
23limited to exemptions under chapter 427, rebates, refunds,
24reimbursements, or grants for property taxes paid; or any
25other special benefits, until the department of revenue or the
26economic development authority determine the company is no
27longer in violation of subsection 1.
283. Nothing in this section shall be construed to prohibit
29a company from restricting the ability of a citizen of this
30state to view, comment, or otherwise interact with content
31on the company’s massive online marketplace, massive online
32video sharing website, or massive social networking website
33if the content violates the terms, conditions, or policies to
34which a person must agree before the person is able to use the
35company’s massive online marketplace, massive online video
-2-1sharing website, or massive social networking website.
24. The department of revenue and the economic development
3authority shall make available on their internet sites a system
4to allow elected officials to report potential violations of
5this chapter by a company.
6 Sec. 3. NEW SECTION. 554E.3 Rules.
7The department of revenue and the economic development
8authority shall adopt rules pursuant to chapter 17A to
9administer and interpret this chapter.
10 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
11importance, takes effect upon enactment.
12 Sec. 5. APPLICABILITY. This Act applies to all of the
13following approved before, on, or after the effective date of
14this Act, to the extent provided, received, or claimed by a
15company on or after the effective date of this Act:
161. Tax credits.
172. Assistance under section 15.335B.
183. Sales tax exemptions or refunds under chapter 423.
194. Property tax credits, exemptions, including but not
20limited to exemptions under chapter 427, rebates, refunds,
21reimbursements, or grants for property taxes paid.
225. Any other special benefits to be provided by a
23governmental entity to a company that is not otherwise
24available to the general public.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the ability of elected officials to
29access and utilize certain internet sites.
30The bill creates new Code chapter 554E. The bill adds
31several new defined terms to the Code chapter, including
32“company”, “elected official”, “expressive merchandise”,
33“governmental entity”, “massive online marketplace”, “massive
34online video sharing website”, and “massive social networking
35website”.
-3- 1The bill prohibits a company from intentionally affecting
2the ability of an elected official to access or utilize
3the company’s massive online marketplace, massive online
4video sharing website, or massive social networking website.
5The bill provides that if the department of revenue or the
6economic development authority determine that a company has
7violated this prohibition, the company shall be prohibited
8from receiving from a governmental entity any future tax
9credits or other special benefits until the department or the
10authority determine the company is no longer in violation of
11the prohibition.
12The bill establishes that nothing in the new Code chapter
13shall be construed to prohibit a company from restricting the
14ability of a citizen of this state to interact with content
15on the company’s massive online marketplace, massive online
16video sharing website, or massive social networking website
17if the content violates the policies of the massive online
18marketplace, massive online video sharing website, or massive
19social networking website.
20The bill requires the department and the authority to make
21available on their internet sites a system to allow elected
22officials to report potential violations of the new Code
23chapter. Additionally, the bill requires the department and
24the authority to adopt rules to administer and interpret the
25new Code chapter.
26The bill takes effect upon enactment and applies to tax
27credits and other assistance that were approved before, on, or
28after the effective date of the bill, to the extent that they
29are provided or claimed on or after the effective date of the
30bill.
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2and utilize certain internet sites and including effective
3date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 554E.1 Definitions.
21. “Company” means and includes a person or an affiliate of
3a person who owns or operates any of the following:
4a. A massive online marketplace.
5b. A massive online video sharing website.
6c. A massive social networking site.
72. “Elected official” means and includes an individual
8elected to, or appointed to fill, a federal, state, or local
9elective office. “Elected official” includes candidates for a
10federal, state, or local elective office.
113. “Expressive merchandise” means and includes any tangible
12personal property that contains or displays a viewpoint that
13constitutes constitutionally protected speech.
144. “Governmental entity” means and includes all of the
15following:
16a. A unit of state government in the executive, legislative,
17or judicial branch.
18b. A political subdivision of the state, including a city,
19county, township, school district, and any other governmental
20entity authorized to levy taxes.
215. “Massive online marketplace” means and includes an
22internet site that meets all of the following criteria:
23a. Offers tangible personal property for sale to the general
24public.
25b. Sells or facilitates the sale of expressive merchandise.
26c. Had at least seventy-five million subscribers or members
27in the United States in the previous calendar year.
286. “Massive online video sharing website” means and includes
29an internet site that meets all of the following criteria:
30a. Allows users or the public to share videos with other
31users or the public.
32b. Hosts, stores, provides, or otherwise facilitates access
33by individuals in the United States.
34c. Has at least five hundred million videos available at any
35point in time.
-1- 17. “Massive social networking website” means and includes an
2internet site that meets all of the following criteria:
3a. Allows users, through the creation of pages within
4the internet site or profiles or by other means, to provide
5information about themselves that is available to the public
6or to other users.
7b. Allows users a mechanism for communication with other
8users.
9c. Had at least twenty million subscribers or members in the
10United States in the previous calendar year.
11 Sec. 2. NEW SECTION. 554E.2 Prohibition on censorship of
12elected officials.
131. A company shall not intentionally affect the ability
14of an elected official to access or utilize the features of
15the company’s massive online marketplace, massive online video
16sharing website, or massive social networking website.
172. If the department of revenue or the economic development
18authority determine that a company has violated subsection
191, the company shall be prohibited from receiving from a
20governmental entity any future tax credits; assistance under
21section 15.335B; sales tax exemptions or refunds under chapter
22423; property tax credits, exemptions, including but not
23limited to exemptions under chapter 427, rebates, refunds,
24reimbursements, or grants for property taxes paid; or any
25other special benefits, until the department of revenue or the
26economic development authority determine the company is no
27longer in violation of subsection 1.
283. Nothing in this section shall be construed to prohibit
29a company from restricting the ability of a citizen of this
30state to view, comment, or otherwise interact with content
31on the company’s massive online marketplace, massive online
32video sharing website, or massive social networking website
33if the content violates the terms, conditions, or policies to
34which a person must agree before the person is able to use the
35company’s massive online marketplace, massive online video
-2-1sharing website, or massive social networking website.
24. The department of revenue and the economic development
3authority shall make available on their internet sites a system
4to allow elected officials to report potential violations of
5this chapter by a company.
6 Sec. 3. NEW SECTION. 554E.3 Rules.
7The department of revenue and the economic development
8authority shall adopt rules pursuant to chapter 17A to
9administer and interpret this chapter.
10 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
11importance, takes effect upon enactment.
12 Sec. 5. APPLICABILITY. This Act applies to all of the
13following approved before, on, or after the effective date of
14this Act, to the extent provided, received, or claimed by a
15company on or after the effective date of this Act:
161. Tax credits.
172. Assistance under section 15.335B.
183. Sales tax exemptions or refunds under chapter 423.
194. Property tax credits, exemptions, including but not
20limited to exemptions under chapter 427, rebates, refunds,
21reimbursements, or grants for property taxes paid.
225. Any other special benefits to be provided by a
23governmental entity to a company that is not otherwise
24available to the general public.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the ability of elected officials to
29access and utilize certain internet sites.
30The bill creates new Code chapter 554E. The bill adds
31several new defined terms to the Code chapter, including
32“company”, “elected official”, “expressive merchandise”,
33“governmental entity”, “massive online marketplace”, “massive
34online video sharing website”, and “massive social networking
35website”.
-3- 1The bill prohibits a company from intentionally affecting
2the ability of an elected official to access or utilize
3the company’s massive online marketplace, massive online
4video sharing website, or massive social networking website.
5The bill provides that if the department of revenue or the
6economic development authority determine that a company has
7violated this prohibition, the company shall be prohibited
8from receiving from a governmental entity any future tax
9credits or other special benefits until the department or the
10authority determine the company is no longer in violation of
11the prohibition.
12The bill establishes that nothing in the new Code chapter
13shall be construed to prohibit a company from restricting the
14ability of a citizen of this state to interact with content
15on the company’s massive online marketplace, massive online
16video sharing website, or massive social networking website
17if the content violates the policies of the massive online
18marketplace, massive online video sharing website, or massive
19social networking website.
20The bill requires the department and the authority to make
21available on their internet sites a system to allow elected
22officials to report potential violations of the new Code
23chapter. Additionally, the bill requires the department and
24the authority to adopt rules to administer and interpret the
25new Code chapter.
26The bill takes effect upon enactment and applies to tax
27credits and other assistance that were approved before, on, or
28after the effective date of the bill, to the extent that they
29are provided or claimed on or after the effective date of the
30bill.
-4-jda/rn