Bill Text: IA HSB223 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to parental consent regarding internet sites for users under the age of sixteen, providing civil penalties, and including applicability provisions.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2023-03-01 - Subcommittee recommends passage. Vote Total: 2-1. [HSB223 Detail]

Download: Iowa-2023-HSB223-Introduced.html

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House Study Bill 223 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON HOLT)
A BILL FOR
An Act relating to parental consent regarding internet
sites for users under the age of sixteen, providing civil
penalties, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. _____
Section 1. NEW SECTION . 554G.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Child” means an individual younger than sixteen years
of age.
2. “Gaming site” means an internet site offering video game
play to individuals.
3. “Internet site” means the same as defined in section
4.1. “Internet site” does not include an online retailer or
marketplace.
4. “Social media account” means an individualized account
that a user uses to access a social media company’s social
media internet site.
5. “Social media company” means a company responsible for
operating and maintaining a social media 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.
6. “Splash page” means an introductory page that precedes
the main pages on an internet site.
Sec. 2. NEW SECTION . 554G.2 Social media accounts ——
parental notification.
1. A social media company or gaming site shall not allow a
child in the state to maintain a social media account on the
social media company’s internet site or access to a gaming
site, unless a parent or legal guardian grants permission for
the child to access the site.
2. A social media company or gaming site shall verify a
child has consent from a parent or legal guardian prior to
allowing a child to access a social media account or gaming
site.
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H.F. _____
3. When an individual on a social media company or gaming
site’s splash page indicates that they are a child, a parent or
legal guardian may indicate consent to the child’s use of the
internet site by utilizing any of the following:
a. Signing a digital form consenting to the terms of
service.
b. Using a credit card, debit card, or other online payment
system.
c. Calling a toll-free telephone number provided by the
social media company or gaming site.
d. Connecting to trained social media company or gaming site
personnel via video conference.
e. Submitting a form of government-issued identification.
4. A social media company or gaming site shall send a copy
of the written confirmation of a parent or legal guardian’s
consent to the child’s use of the internet site to the parent
or legal guardian.
Sec. 3. NEW SECTION . 554G.3 Failure to consent.
If a parent or legal guardian fails or refuses to consent
to the terms of service on behalf of their child, the social
media company or gaming site shall deny a child access to the
internet site.
Sec. 4. NEW SECTION . 554G.4 Penalties.
A social media company or gaming site in violation of this
chapter shall be assessed a civil penalty in the amount of one
thousand dollars per violation.
Sec. 5. APPLICABILITY. This Act applies to a social media
company or gaming site operating in the state ninety days
following enactment.
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 parental consent regarding internet
sites for users under the age of 16.
The bill defines “internet site”, “child”, “gaming site”,
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H.F. _____
“social media account”, “social media company”, and “splash
page”. For purposes of the bill, a “child” is an individual
under 16 years of age. The bill defines a “gaming site”
to mean an internet site that offers video game play to
individuals. The bill defines “social media account” to mean
an individualized account that a user uses to access a social
media company’s social media internet site. The bill defines
a “social media company” to mean a company responsible for
operating and maintaining a social media internet site that
meets all of the specified criteria.
The bill requires a social media company (company) or
a gaming site to ensure that a child in the state is not
utilizing the company’s internet site or gaming site without a
parent’s or legal guardian’s consent. A company or gaming site
shall verify that a child has consent from a parent or guardian
before the child is allowed to access the internet site.
The bill provides that a company or gaming site shall send
a copy of a parent’s or guardian’s consent to the parent or
guardian. A company or gaming site shall use a specified
method to verify parental or guardian consent, including a
digital consent form, an online payment system, a toll-free
telephone number, a video conference with trained personnel, or
by accepting a form of government-issued identification.
The bill provides that if a parent or guardian fails or
refuses to consent to their child accessing a social media
account or gaming site, the company or gaming site shall deny
the child access to the internet site.
The bill provides for civil penalties. A social media
company or gaming site in violation of the bill shall be
assessed a civil penalty in the amount of $1,000 per violation.
The bill is applicable to a social media company or gaming
site operating in the state 90 days after enactment.
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