Bill Text: IA SF304 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act creating a child and school communication protection registry, providing for a fee, creating a fund, providing an appropriation, and providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF304 Detail]
Download: Iowa-2011-SF304-Introduced.html
Senate
File
304
-
Introduced
SENATE
FILE
304
BY
SODDERS
A
BILL
FOR
An
Act
creating
a
child
and
school
communication
protection
1
registry,
providing
for
a
fee,
creating
a
fund,
providing
an
2
appropriation,
and
providing
a
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
82.1
Title
and
purpose
——
rules
of
1
construction.
2
1.
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
3
Child
and
School
Communication
Protection
Registry
Act”
.
4
2.
The
purpose
of
this
chapter
is
to
provide
safeguards
5
to
prevent
certain
messages
regarding
tobacco,
alcohol,
6
pornography,
gambling,
illegal
drugs,
and
other
illegal
7
products
from
reaching
the
minor
children
of
this
state.
8
3.
This
chapter
shall
be
construed
broadly
to
effectuate
9
its
purposes.
10
Sec.
2.
NEW
SECTION
.
82.2
Definitions.
11
As
used
in
this
chapter,
unless
the
context
otherwise
12
requires:
13
1.
“Contact
point”
means
any
electronic
identification
to
14
which
messages
can
be
sent,
including
but
not
limited
to
any
15
of
the
following:
16
a.
An
instant
message
identity.
17
b.
A
wireless
telephone,
a
personal
digital
assistant,
a
18
pager,
or
any
other
similar
wireless
communication
device.
19
c.
A
facsimile
machine.
20
d.
An
electronic
mail
address.
21
e.
An
internet
domain
name.
22
f.
Other
electronic
means
of
receiving
messages,
as
23
described
in
rules
promulgated
by
the
department
pursuant
to
24
chapter
17A.
25
2.
“Department”
means
the
department
of
public
safety.
26
3.
“Internet
domain
name”
means
a
globally
unique,
27
hierarchical
reference
to
an
internet
host
or
service,
assigned
28
through
centralized
internet
authorities,
comprising
a
series
29
of
character
strings
separated
by
periods,
with
the
right-most
30
string
specifying
the
top
of
the
hierarchy.
31
4.
“Minor”
means
an
individual
under
the
age
of
eighteen
32
years.
33
5.
“Registry”
means
the
child
and
school
communication
34
protection
registry
established
under
section
82.3.
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6.
“School”
means
any
entity
whose
primary
responsibility
1
is
serving
children,
including
but
not
limited
to
camps,
2
day
care
facilities,
preschool
facilities,
and
public
or
3
private
institutions
that
provide
teaching
for
any
grade
from
4
kindergarten
through
grade
twelve.
5
Sec.
3.
NEW
SECTION
.
82.3
Child
and
school
communication
6
protection
registry
——
establishment,
operation,
and
fees.
7
1.
The
department
shall
establish
and
operate
the
child
8
and
school
communication
protection
registry.
The
department
9
shall
establish
procedures
to
prevent,
to
the
extent
possible,
10
the
use
or
disclosure
of
protected
contact
points
or
internet
11
domain
names.
12
2.
A
parent,
guardian,
individual,
or
school,
that
is
13
responsible
for
a
contact
point
to
which
a
minor
may
have
14
access,
may
register
that
contact
point
with
the
department
15
pursuant
to
rules
promulgated
by
the
department.
The
16
department
shall
establish
procedures
to
ensure
that
a
17
registrant
meets
the
requirements
of
this
subsection.
18
3.
A
registration
under
this
section
shall
be
for
not
more
19
than
three
years.
However,
if
the
contact
point
is
established
20
for
a
specific
minor,
the
registration
expires
the
year
the
21
minor
turns
eighteen
years
of
age.
A
registration
can
be
22
terminated
or
renewed
by
the
registrant
upon
notification
to
23
the
department.
24
4.
A
school
may
register
one
or
more
contact
points
with
the
25
department.
A
school
may
make
a
registration
for
all
contact
26
points
of
the
school,
including
the
contact
points
of
clients
27
or
students
of
the
school,
and
the
registration
may
include
the
28
school’s
internet
domain
name.
29
5.
The
department
shall
not
assess,
and
a
registrant
shall
30
not
incur,
a
fee
or
charge
for
registering
a
contact
point.
31
Sec.
4.
NEW
SECTION
.
82.4
Child
and
school
communication
32
protection
registry
fund
——
creation.
33
1.
The
child
and
school
communication
protection
registry
34
fund
is
created
as
a
separate
fund
in
the
state
treasury
and
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administered
by
the
department.
Fees
collected
and
penalties
1
paid
under
this
chapter
shall
be
deposited
into
the
fund.
2
2.
The
moneys
in
the
fund
are
appropriated
to
the
department
3
and
shall
be
used
by
the
department
for
the
purposes
of
4
administering
this
chapter
and
for
the
investigation
and
5
enforcement
of
the
provisions
of
this
chapter.
6
3.
Notwithstanding
section
8.33,
moneys
credited
to
the
7
fund
shall
not
revert
to
the
general
fund
at
the
end
of
the
8
fiscal
year
but
shall
remain
in
the
fund.
Notwithstanding
9
section
12C.7,
interest
or
earnings
deposited
in
the
fund
shall
10
be
credited
to
the
fund.
11
Sec.
5.
NEW
SECTION
.
82.5
Prohibited
activity.
12
1.
Except
as
otherwise
provided
under
this
section
and
13
section
82.6,
a
person
shall
not
send,
cause
to
be
sent,
or
14
conspire
with
a
third
party
to
send
a
message
to
a
contact
15
point
that
has
been
registered
for
more
than
thirty
calendar
16
days
with
the
department
if
the
primary
purpose
of
the
message
17
is
to,
directly
or
indirectly,
advertise
or
otherwise
link
to
18
a
message
that
advertises
a
product
or
service
that
a
minor
19
is
prohibited
by
law
from
purchasing,
viewing,
possessing,
20
participating
in,
or
otherwise
receiving.
21
2.
A
person
does
not
violate
this
chapter
because
the
person
22
unknowingly
and
indirectly
provides
transmission
of
messages
23
described
in
subsection
1
over
the
person’s
computer
network
or
24
contact
point
to
a
contact
point
registered
under
this
chapter.
25
3.
The
consent
of
a
minor
or
third
party
to
receive
the
26
message
is
not
a
defense
to
a
violation
of
this
section.
27
Sec.
6.
NEW
SECTION
.
82.6
Exception
from
the
general
28
prohibition.
29
1.
The
sending
of
a
message
described
in
section
82.5
is
30
not
prohibited
if
prior
to
sending
the
message
the
sender
has
31
obtained
from
the
intended
receiver
verification
that
the
32
intended
receiver
is
eighteen
years
of
age
or
older
and
an
33
affirmative
statement
of
consent
to
receive
the
message
at
the
34
contact
point
designated
by
the
intended
receiver.
To
comply
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with
this
subsection,
the
sender
shall
do
all
of
the
following:
1
a.
Verify
that
the
person
making
the
affirmative
statement
2
is
of
legal
age
by
inspecting,
in
a
face-to-face
transaction,
a
3
valid
government-issued
photo
identification
with
proof
of
age.
4
b.
Obtain
a
written
record
stating
that
the
recipient
has
5
consented
to
receive
the
type
of
messages
described
in
section
6
82.5.
The
consent
form
required
under
this
paragraph
shall
be
7
signed
by
the
recipient.
The
sender
shall
retain
the
consent
8
form
required
under
this
paragraph
and
make
it
available
for
9
verification.
10
c.
All
messages
allowed
under
this
subsection
shall
include
11
notice
to
the
recipient
that
the
recipient
may
rescind
consent
12
and
provide
an
opportunity
for
the
recipient
to,
in
a
single
13
declination,
decline
to
receive
any
future
messages.
14
d.
After
complying
with
paragraphs
“a”
through
“c”
,
notify
15
the
department
that
the
sender
intends
to
send
messages
as
16
allowed
under
this
subsection.
The
department
may
adopt
17
procedures
to
verify
that
the
sender
is
in
compliance
with
this
18
subsection.
19
2.
The
consent
of
a
minor
or
third
party
to
receive
the
20
message
is
not
a
defense
to
a
violation
of
this
section.
21
3.
The
department
shall
establish
a
mechanism
for
senders
to
22
verify
their
compliance
with
the
registry
restrictions.
23
4.
a.
A
person
desiring
to
send
a
message
described
in
24
section
82.5
shall
pay
the
department
a
fee,
established
25
in
rule
for
access
to
the
verification
mechanism.
The
fee
26
required
under
this
subsection
shall
be
set
by
the
department,
27
not
to
exceed
three
cents
per
contact
point.
28
b.
The
fees
collected
under
this
subsection
shall
be
29
credited
to
the
fund
created
under
section
82.4.
30
Sec.
7.
NEW
SECTION
.
82.7
Release
of
information.
31
Notwithstanding
chapter
22,
information
contained
in
the
32
registry
shall
be
kept
confidential.
33
Sec.
8.
NEW
SECTION
.
82.8
Penalties.
34
1.
The
department
may
assess
a
civil
penalty
for
violation
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of
this
chapter
not
to
exceed
twenty-five
thousand
dollars
1
per
violation.
Penalties
collected
under
this
section
shall
2
be
credited
to
the
child
and
school
communication
protection
3
registry
fund
created
under
section
82.4.
4
2.
Before
assessing
a
penalty
under
this
section,
the
5
department
shall
provide
written
notice
and
the
opportunity
6
to
request
a
contested
case
hearing.
The
hearing
must
be
7
requested
within
thirty
days
of
the
date
provided
in
the
notice
8
for
the
assessment
of
the
penalty
and
shall
be
conducted
as
9
provided
in
chapter
17A.
10
3.
A
person
aggrieved
by
the
imposition
of
a
civil
penalty
11
under
this
section
may
seek
judicial
review
in
accordance
with
12
section
17A.19.
13
4.
The
department
shall
notify
the
attorney
general
of
the
14
failure
to
pay
a
civil
penalty
within
thirty
days
of
final
15
agency
action,
or
within
ten
days
following
final
judgment
in
16
favor
of
the
department
if
an
order
has
been
stayed
pending
17
judicial
review.
The
attorney
general
may
commence
an
action
18
to
recover
the
amount
of
the
penalty,
including
reasonable
19
attorney
fees
and
costs.
20
Sec.
9.
NEW
SECTION
.
82.9
Investigation
of
certain
business
21
transactions.
22
1.
If
the
department
has
reason
to
believe
that
a
person
23
operating
a
business
has
violated
this
chapter,
the
department
24
may
investigate
the
business
transactions
of
that
person.
25
The
department
may
require
the
attendance
and
testimony
of
26
witnesses
and
the
production
of
evidence
under
oath
and
the
27
production
of
such
documents,
all
as
are
necessary
to
determine
28
whether
the
person
is
in
compliance
with
the
requirements
of
29
this
chapter.
30
2.
Investigative
subpoenas
shall
be
enforced
as
provided
in
31
section
17A.13.
32
3.
Witnesses
shall
be
paid
the
same
fees
and
mileage
that
33
are
paid
witnesses
in
the
district
courts
of
this
state.
34
EXPLANATION
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This
bill
creates
a
program
to
prevent
certain
electronic
1
messages
regarding
tobacco,
alcohol,
pornography,
gambling,
2
illegal
drugs,
and
other
illegal
products
from
reaching
the
3
minor
children
of
this
state.
The
bill
is
to
be
construed
4
broadly
to
effectuate
its
purposes.
5
The
bill
creates
a
child
and
school
communication
protection
6
registry
within
the
department
of
public
safety.
A
parent,
7
guardian,
individual,
or
school
that
is
responsible
for
a
8
contact
point
to
which
a
minor
may
have
access
may
register
9
that
contact
point
with
the
department.
“School”
and
“contact
10
point”
are
defined
in
the
bill.
11
The
bill
prohibits
any
person
from
sending
an
electronic
12
message
to
a
registered
contact
point
of
a
computer
or
wireless
13
communication
device
if
the
primary
purpose
of
the
message
is
14
to
advertise
or
otherwise
link
to
a
message
that
advertises
15
a
product
or
service
that
a
minor
is
prohibited
by
law
from
16
purchasing,
viewing,
possessing,
participating
in,
or
otherwise
17
receiving.
The
bill
provides
an
exception
for
persons
wishing
18
to
send
such
messages
to
a
consenting
adult
who
verifies
19
their
age
and
if
the
sender
complies
with
other
requirements
20
specified
in
the
bill.
Senders
may
check
the
registry
to
21
ensure
verification
compliance.
The
department
may
charge
a
22
fee,
not
to
exceed
3
cents
per
contact
point.
23
The
bill
authorizes
the
department
to
investigate
the
24
business
transactions
of
a
person
operating
a
business
that
25
sends
such
messages
under
this
exception
if
the
department
26
has
reason
to
believe
that
person
has
violated
the
provisions
27
of
this
bill.
The
department
has
the
authority
to
issue
28
investigative
subpoenas.
29
The
department
may
assess
a
civil
penalty
for
violation
of
30
new
Code
chapter
82,
not
to
exceed
$25,000
per
violation.
31
The
bill
creates
the
child
and
school
communication
32
protection
registry
fund,
administered
by
the
department.
All
33
fees
and
penalties
are
deposited
into
the
fund,
to
be
used
34
for
the
purposes
of
administering
the
program
and
for
the
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