Bill Text: IA HF830 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: 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.(Formerly HF 633.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-15 - Referred to Judiciary. H.J. 965. [HF830 Detail]
Download: Iowa-2021-HF830-Introduced.html
House
File
830
-
Introduced
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
1
and
utilize
certain
internet
sites
and
including
effective
2
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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830
Section
1.
NEW
SECTION
.
554E.1
Definitions.
1
1.
“Company”
means
and
includes
a
person
or
an
affiliate
of
2
a
person
who
owns
or
operates
any
of
the
following:
3
a.
A
massive
online
marketplace.
4
b.
A
massive
online
video
sharing
website.
5
c.
A
massive
social
networking
site.
6
2.
“Elected
official”
means
and
includes
an
individual
7
elected
to,
or
appointed
to
fill,
a
federal,
state,
or
local
8
elective
office.
“Elected
official”
includes
candidates
for
a
9
federal,
state,
or
local
elective
office.
10
3.
“Expressive
merchandise”
means
and
includes
any
tangible
11
personal
property
that
contains
or
displays
a
viewpoint
that
12
constitutes
constitutionally
protected
speech.
13
4.
“Governmental
entity”
means
and
includes
all
of
the
14
following:
15
a.
A
unit
of
state
government
in
the
executive,
legislative,
16
or
judicial
branch.
17
b.
A
political
subdivision
of
the
state,
including
a
city,
18
county,
township,
school
district,
and
any
other
governmental
19
entity
authorized
to
levy
taxes.
20
5.
“Massive
online
marketplace”
means
and
includes
an
21
internet
site
that
meets
all
of
the
following
criteria:
22
a.
Offers
tangible
personal
property
for
sale
to
the
general
23
public.
24
b.
Sells
or
facilitates
the
sale
of
expressive
merchandise.
25
c.
Had
at
least
seventy-five
million
subscribers
or
members
26
in
the
United
States
in
the
previous
calendar
year.
27
6.
“Massive
online
video
sharing
website”
means
and
includes
28
an
internet
site
that
meets
all
of
the
following
criteria:
29
a.
Allows
users
or
the
public
to
share
videos
with
other
30
users
or
the
public.
31
b.
Hosts,
stores,
provides,
or
otherwise
facilitates
access
32
by
individuals
in
the
United
States.
33
c.
Has
at
least
five
hundred
million
videos
available
at
any
34
point
in
time.
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7.
“Massive
social
networking
website”
means
and
includes
an
1
internet
site
that
meets
all
of
the
following
criteria:
2
a.
Allows
users,
through
the
creation
of
pages
within
3
the
internet
site
or
profiles
or
by
other
means,
to
provide
4
information
about
themselves
that
is
available
to
the
public
5
or
to
other
users.
6
b.
Allows
users
a
mechanism
for
communication
with
other
7
users.
8
c.
Had
at
least
twenty
million
subscribers
or
members
in
the
9
United
States
in
the
previous
calendar
year.
10
Sec.
2.
NEW
SECTION
.
554E.2
Prohibition
on
censorship
of
11
elected
officials.
12
1.
A
company
shall
not
intentionally
affect
the
ability
13
of
an
elected
official
to
access
or
utilize
the
features
of
14
the
company’s
massive
online
marketplace,
massive
online
video
15
sharing
website,
or
massive
social
networking
website.
16
2.
If
the
department
of
revenue
or
the
economic
development
17
authority
determine
that
a
company
has
violated
subsection
18
1,
the
company
shall
be
prohibited
from
receiving
from
a
19
governmental
entity
any
future
tax
credits;
assistance
under
20
section
15.335B;
sales
tax
exemptions
or
refunds
under
chapter
21
423;
property
tax
credits,
exemptions,
including
but
not
22
limited
to
exemptions
under
chapter
427,
rebates,
refunds,
23
reimbursements,
or
grants
for
property
taxes
paid;
or
any
24
other
special
benefits,
until
the
department
of
revenue
or
the
25
economic
development
authority
determine
the
company
is
no
26
longer
in
violation
of
subsection
1.
27
3.
Nothing
in
this
section
shall
be
construed
to
prohibit
28
a
company
from
restricting
the
ability
of
a
citizen
of
this
29
state
to
view,
comment,
or
otherwise
interact
with
content
30
on
the
company’s
massive
online
marketplace,
massive
online
31
video
sharing
website,
or
massive
social
networking
website
32
if
the
content
violates
the
terms,
conditions,
or
policies
to
33
which
a
person
must
agree
before
the
person
is
able
to
use
the
34
company’s
massive
online
marketplace,
massive
online
video
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830
sharing
website,
or
massive
social
networking
website.
1
4.
The
department
of
revenue
and
the
economic
development
2
authority
shall
make
available
on
their
internet
sites
a
system
3
to
allow
elected
officials
to
report
potential
violations
of
4
this
chapter
by
a
company.
5
Sec.
3.
NEW
SECTION
.
554E.3
Rules.
6
The
department
of
revenue
and
the
economic
development
7
authority
shall
adopt
rules
pursuant
to
chapter
17A
to
8
administer
and
interpret
this
chapter.
9
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
10
importance,
takes
effect
upon
enactment.
11
Sec.
5.
APPLICABILITY.
This
Act
applies
to
all
of
the
12
following
approved
before,
on,
or
after
the
effective
date
of
13
this
Act,
to
the
extent
provided,
received,
or
claimed
by
a
14
company
on
or
after
the
effective
date
of
this
Act:
15
1.
Tax
credits.
16
2.
Assistance
under
section
15.335B.
17
3.
Sales
tax
exemptions
or
refunds
under
chapter
423.
18
4.
Property
tax
credits,
exemptions,
including
but
not
19
limited
to
exemptions
under
chapter
427,
rebates,
refunds,
20
reimbursements,
or
grants
for
property
taxes
paid.
21
5.
Any
other
special
benefits
to
be
provided
by
a
22
governmental
entity
to
a
company
that
is
not
otherwise
23
available
to
the
general
public.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
ability
of
elected
officials
to
28
access
and
utilize
certain
internet
sites.
29
The
bill
creates
new
Code
chapter
554E.
The
bill
adds
30
several
new
defined
terms
to
the
Code
chapter,
including
31
“company”,
“elected
official”,
“expressive
merchandise”,
32
“governmental
entity”,
“massive
online
marketplace”,
“massive
33
online
video
sharing
website”,
and
“massive
social
networking
34
website”.
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830
The
bill
prohibits
a
company
from
intentionally
affecting
1
the
ability
of
an
elected
official
to
access
or
utilize
2
the
company’s
massive
online
marketplace,
massive
online
3
video
sharing
website,
or
massive
social
networking
website.
4
The
bill
provides
that
if
the
department
of
revenue
or
the
5
economic
development
authority
determine
that
a
company
has
6
violated
this
prohibition,
the
company
shall
be
prohibited
7
from
receiving
from
a
governmental
entity
any
future
tax
8
credits
or
other
special
benefits
until
the
department
or
the
9
authority
determine
the
company
is
no
longer
in
violation
of
10
the
prohibition.
11
The
bill
establishes
that
nothing
in
the
new
Code
chapter
12
shall
be
construed
to
prohibit
a
company
from
restricting
the
13
ability
of
a
citizen
of
this
state
to
interact
with
content
14
on
the
company’s
massive
online
marketplace,
massive
online
15
video
sharing
website,
or
massive
social
networking
website
16
if
the
content
violates
the
policies
of
the
massive
online
17
marketplace,
massive
online
video
sharing
website,
or
massive
18
social
networking
website.
19
The
bill
requires
the
department
and
the
authority
to
make
20
available
on
their
internet
sites
a
system
to
allow
elected
21
officials
to
report
potential
violations
of
the
new
Code
22
chapter.
Additionally,
the
bill
requires
the
department
and
23
the
authority
to
adopt
rules
to
administer
and
interpret
the
24
new
Code
chapter.
25
The
bill
takes
effect
upon
enactment
and
applies
to
tax
26
credits
and
other
assistance
that
were
approved
before,
on,
or
27
after
the
effective
date
of
the
bill,
to
the
extent
that
they
28
are
provided
or
claimed
on
or
after
the
effective
date
of
the
29
bill.
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