Bill Text: IA HF2544 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the practices of performing rights societies.
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Introduced - Dead) 2020-02-25 - Introduced, referred to Commerce. H.J. 353. [HF2544 Detail]
Download: Iowa-2019-HF2544-Introduced.html
House
File
2544
-
Introduced
HOUSE
FILE
2544
BY
BEARINGER
,
McKEAN
,
LUNDGREN
,
BLOOMINGDALE
,
JONES
,
A.
MEYER
,
MOORE
,
KAUFMANN
,
LOHSE
,
HITE
,
JENEARY
,
MOHR
,
MITCHELL
,
SIECK
,
KERR
,
OURTH
,
and
HUNTER
A
BILL
FOR
An
Act
relating
to
the
practices
of
performing
rights
1
societies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
549.3,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
A
performing
rights
society
shall
not
enter
onto
the
3
business
premises
of
a
proprietor
for
the
purpose
of
discussing
4
a
contract
for
the
payment
of
royalties
by
the
proprietor
,
5
unless
the
performing
rights
society
identifies
itself
to
6
the
proprietor
and
describes
to
the
proprietor
the
purpose
7
for
entering
onto
the
proprietor’s
business
premises
the
8
performing
rights
society
first
makes
an
appointment
to
meet
9
with
the
proprietor
at
the
business
premises
during
normal
10
business
hours
.
Upon
entering
onto
the
business
premises,
the
11
performing
rights
society
shall
clearly
identify
itself
to
12
the
proprietor
and
describe
to
the
proprietor
the
purpose
for
13
entering
onto
the
business
premises.
14
Sec.
2.
Section
549.5,
Code
2020,
is
amended
to
read
as
15
follows:
16
549.5
Improper
licensing
practices.
17
A
performing
rights
society
shall
not
do
any
of
the
18
following:
19
1.
A
performing
rights
society
shall
not
collect,
Collect
20
or
attempt
to
collect
,
from
a
proprietor
licensed
by
that
21
performing
rights
society,
a
royalty
payment
except
as
provided
22
in
a
contract
executed
pursuant
to
the
provisions
of
this
23
chapter
.
24
2.
Make
a
misleading
or
threatening
verbal
or
written
25
communication
to
a
proprietor
in
connection
with
a
contract
for
26
the
payment
of
royalties
or
an
attempt
to
collect
royalties.
27
3.
State
or
imply
in
a
verbal
or
written
communication
with
28
a
proprietor
that
the
performing
rights
society
is
an
agent
29
or
representative
of
a
public
body,
regulatory
agency,
or
law
30
enforcement
agency.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
the
practices
of
performing
rights
35
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societies.
1
Current
law
prohibits
a
performing
rights
society
from
2
entering
onto
the
business
premises
of
a
proprietor
for
the
3
purpose
of
discussing
a
contract
for
the
payment
of
royalties
4
unless
the
performing
rights
society
identifies
itself
to
the
5
proprietor
and
describes
to
the
proprietor
the
purpose
for
6
entering
onto
the
business
premises.
The
bill
modifies
this
7
prohibition
by
requiring
the
performing
rights
society
to
make
8
an
appointment
to
meet
with
the
proprietor
at
the
business
9
premises
during
normal
business
hours
before
the
performing
10
rights
society
may
enter
onto
the
business
premises
for
the
11
purpose
of
discussing
a
contract
for
the
payment
of
royalties.
12
The
bill
also
requires
the
performing
rights
society,
upon
13
entering
the
business
premises,
to
clearly
identify
itself
to
14
the
proprietor
and
describe
to
the
proprietor
the
purpose
for
15
entering
onto
the
premises.
16
The
bill
prohibits
a
performing
rights
society
from
making
a
17
misleading
or
threatening
verbal
or
written
communication
to
18
a
proprietor
in
connection
with
a
contract
for
the
payment
of
19
royalties
or
an
attempt
to
collect
royalties.
The
bill
also
20
prohibits
a
performing
rights
society
from
stating
or
implying
21
in
a
communication
with
a
proprietor
that
the
performing
22
rights
society
is
an
agent
or
representative
of
a
public
body,
23
regulatory
agency,
or
law
enforcement
agency.
24
Current
law
provides
that
a
person
who
suffers
a
violation
of
25
Code
chapter
549
may
bring
an
action
to
recover
actual
damages
26
and
reasonable
attorney
fees.
Current
law
also
allows
a
person
27
to
seek
injunctive
relief
for
a
violation
of
Code
chapter
549.
28
The
remedies
provided
in
Code
chapter
549
are
cumulative
of
any
29
other
remedy
afforded
by
common
law,
state
law,
or
federal
law.
30
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