Read the full stored bill text
House
File
2047
-
Introduced
HOUSE
FILE
2047
BY
McBURNEY
A
BILL
FOR
An
Act
relating
to
pricing
disclosure
of
lodging,
ticketing,
1
and
food
platforms,
and
providing
civil
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
554J.1
Title.
1
This
chapter
may
be
cited
as
the
“Iowa
Junk
Fee
Prevention
2
Act”
.
3
Sec.
2.
NEW
SECTION
.
554J.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Accommodations
booking
platform”
means
a
business
that
7
operates
or
provides
an
internet
website,
software
application
8
for
a
mobile
device,
or
other
digital
platform
for
the
purpose
9
of
searching
for
hotel
rooms
or
homestays
for
consumers
to
10
purchase.
11
2.
“Consumer”
means
an
individual
that
is
a
resident
of
or
12
traveling
in
this
state.
13
3.
“Covered
entity”
means
an
accommodations
booking
14
platform,
homestay
platform,
hotel
platform,
short-term
lodging
15
platform,
ticketing
platform,
food
delivery
platform,
or
any
16
other
entity
determined
appropriate
by
the
attorney
general.
17
4.
“Covered
service”
means
any
of
the
following:
18
a.
Internet
service.
19
b.
Voice
service,
as
defined
in
section
227(e)(8)
of
the
20
federal
Communications
Act
of
1934,
47
U.S.C.
§227(e)(8).
21
c.
Commercial
mobile
service,
as
defined
in
section
332(d)
22
of
the
federal
Communications
Act
of
1934,
47
U.S.C.
§332(d).
23
d.
Commercial
mobile
data
service,
as
defined
in
section
24
6001
of
the
federal
Middle
Class
Tax
Relief
and
Job
Creation
25
Act
of
2012,
47
U.S.C.
§1401.
26
e.
A
service
provided
by
a
multichannel
video
programming
27
distributor
as
defined
in
section
602
of
the
federal
28
Communications
Act
of
1934,
32
U.S.C.
§522,
to
the
extent
that
29
the
distributor
is
acting
as
a
multichannel
video
programming
30
distributor.
31
f.
Any
other
service
offered
or
provided
as
part
of
a
bundle
32
or
package
with
any
service
described
in
this
subsection.
33
5.
“Food
delivery
provider”
means
a
business
that
operates
34
or
provides
an
internet
website,
software
application
for
a
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mobile
device,
or
other
digital
platform
for
the
purpose
of
1
facilitating
the
delivery
of
food
and
beverages
to
consumers.
2
The
term
shall
not
include
direct
delivery
from
a
retail
food
3
establishment
or
retail
food
facility.
4
6.
“Homestay
platform”
means
a
business
that
operates
or
5
provides
an
internet
website,
software
application
for
a
mobile
6
device,
or
other
digital
platform
on
which,
in
exchange
for
a
7
fee
or
other
charge,
an
owner
or
lessee
of
a
residential
unit
8
or
a
room
or
space
in
a
residential
unit
may
advertise
and
9
conduct
a
transaction
for
the
rental
of
the
unit
or
room
or
10
space
for
the
purposes
of
temporary
lodging.
11
7.
“Hotel
platform”
means
a
business
that
operates
12
a
building
or
buildings
in
which
the
public
may,
for
13
consideration,
obtain
sleeping
accommodations,
excluding
any
14
charitable,
educational,
or
religious
institution
summer
camps
15
for
children,
hospitals,
or
nursing
homes,
and
that
operates
or
16
provides
an
internet
website,
software
application
for
a
mobile
17
device,
or
other
digital
platform
for
the
purpose
of
renting
18
rooms
for
temporary
lodging.
19
8.
“Mandatory
fee”
includes
any
of
the
following:
20
a.
A
fee
or
surcharge
that
a
consumer
is
required
to
pay
to
21
purchase
a
good
or
service
being
advertised.
22
b.
A
fee
or
surcharge
that
is
not
reasonably
avoidable.
23
c.
A
fee
or
surcharge
for
a
good
or
service
that
a
24
reasonable
consumer
would
not
expect
to
be
included
with
the
25
purchase
of
the
good
or
service
being
advertised.
26
d.
Any
other
fee
or
surcharge
determined
appropriate
by
the
27
attorney
general.
28
9.
“Short-term
lodging”
means
any
lodging
that
is
offered
29
for
an
occupancy
of
less
than
six
months.
30
10.
“Ticketing
platform”
means
a
provider
of
a
ticketing
31
service
that
sells
tickets
for
an
event
or
retains
the
32
authority
to
otherwise
distribute
tickets
for
an
event,
whether
33
as
a
primary
seller
of
tickets
or
in
the
secondary
marketplace
34
for
ticket
sales.
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Sec.
3.
NEW
SECTION
.
554J.3
Requirements
for
covered
1
entities.
2
1.
A
covered
entity
shall
clearly
and
conspicuously
3
display,
in
each
advertisement
and
whenever
a
price
is
first
4
shown
to
a
consumer,
the
total
price
of
the
good
or
service
5
provided
by
the
covered
entity,
including
any
mandatory
fees
a
6
consumer
would
incur
during
the
transaction
and
the
amount
of
7
these
fees
shall
not
increase
during
the
purchase
process.
8
2.
A
covered
entity
shall
not
impose
on
a
consumer
or
9
advertise
any
mandatory
fees
that
are
excessive
or
deceptive
10
for
any
good
or
service
offered
by
the
covered
entity.
11
3.
If
a
good
or
service
provided
by
a
covered
entity
is
12
a
ticket
to
a
sporting
event,
theater,
musical
performance,
13
or
an
event
at
a
place
of
public
amusement
of
any
kind,
the
14
covered
entity
shall,
not
less
than
seventy-two
hours
prior
to
15
the
first
public
sale
or
presale
of
the
ticket
to
a
consumer,
16
clearly
and
conspicuously
disclose
to
the
public,
including
at
17
the
point
of
sale,
the
total
number
of
tickets
offered
for
sale
18
by
the
covered
entity
or
available
for
the
given
event.
19
4.
A
covered
entity
shall
clearly
and
conspicuously
20
disclose
any
guarantee
or
refund
policy
prior
to
the
completion
21
of
a
transaction
by
a
consumer
and,
in
the
event
of
a
refund,
22
shall
provide
a
refund
in
the
amount
of
the
total
cost
of
the
23
ticket,
including
any
mandatory
fees.
24
5.
If
a
covered
entity
does
not
possess
a
ticket
at
the
time
25
of
the
sale,
the
covered
entity
shall
provide
to
a
consumer
26
both
of
the
following:
27
a.
A
clear
and
conspicuous
notice
that
the
covered
entity
28
does
not
possess
the
ticket.
29
b.
A
full
refund
if
the
covered
entity
cannot
provide
the
30
ticket
advertised
to
the
consumer
in
a
timely
manner
prior
to
31
the
event.
32
Sec.
4.
NEW
SECTION
.
554HJ.4
Requirements
for
covered
33
services.
34
1.
A
provider
of
a
covered
service
shall
not
charge
a
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consumer
a
fee
for,
or
impose
a
requirement
that
is
excessive
1
or
unreasonable
on
a
consumer,
for
the
early
termination
of
a
2
covered
service.
3
2.
This
section
does
not
prevent
a
provider
of
a
covered
4
service
from
charging
a
consumer
for
either
of
the
following:
5
a.
The
cost
of
rental
or
loan
equipment
that
is
not
returned
6
to
the
provider
within
a
reasonable
period
of
time.
7
b.
The
outstanding
cost
of
a
purchased
device.
8
Sec.
5.
NEW
SECTION
.
554J.5
Rulemaking
——
enforcement.
9
1.
The
attorney
general
may
adopt
rules
to
implement
this
10
chapter.
11
2.
The
attorney
general
may
assess
a
civil
penalty
against
a
12
person
that
violates
this
chapter,
not
to
exceed
five
thousand
13
dollars
for
each
violation.
The
proceeds
of
civil
penalties
14
imposed
pursuant
to
this
subsection
shall
be
deposited
in
the
15
general
fund
of
the
state.
The
attorney
general
may
also
take
16
other
appropriate
enforcement
action,
including
ordering
a
17
person
to
cease
and
desist
from
violating
this
chapter.
18
3.
This
chapter
shall
not
apply
to
any
owner,
agent,
or
19
employee
of
any
radio
or
television
station,
or
to
any
owner,
20
publisher,
printer,
agent,
or
employee
of
an
internet
service
21
provider,
newspaper,
or
other
publication,
periodical,
or
22
circular,
who,
in
good
faith
and
without
knowledge
of
the
23
falsity
or
deceptive
character
thereof,
publishes,
causes
24
to
be
published,
or
takes
part
in
the
publication
of
such
25
advertisement.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
pricing
disclosure
of
lodging,
30
ticketing,
and
food
platforms.
31
The
bill
defines
“covered
entity”
to
mean
an
accommodations
32
booking
platform,
homestay
platform,
hotel
platform,
short-term
33
lodging
platform,
ticketing
platform,
food
delivery
platform,
34
or
any
other
entity
determined
appropriate
by
the
attorney
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2047
general.
The
bill
requires
a
covered
entity
to
clearly
and
1
conspicuously
display,
in
each
advertisement
and
whenever
a
2
price
is
first
shown
to
a
consumer,
the
total
price
of
the
3
good
or
service
provided
by
the
covered
entity,
including
any
4
mandatory
fees.
The
bill
provides
that
mandatory
fees
cannot
5
be
increased
during
the
purchase
process.
The
bill
prohibits
6
a
covered
entity
from
imposing
any
mandatory
fees
that
are
7
excessive
or
deceptive
for
any
good
or
service
offered.
The
8
bill
provides
for
ticket
sales
by
covered
entities
to
sporting
9
events,
the
theater,
musical
performances,
and
other
events,
10
the
covered
entity
shall
within
72
hours
of
the
first
public
11
sale
or
presale
of
tickets
to
the
event
disclose
to
the
public,
12
including
at
the
point
of
sale,
the
total
number
of
tickets
13
offered
for
sale.
The
bill
requires
a
covered
entity
to
14
clearly
and
conspicuously
disclose
any
guarantee
or
refund
15
policy
prior
to
the
completion
of
a
transaction
and
in
the
16
event
of
a
refund,
shall
provide
a
refund
amount
of
the
total
17
cost
of
the
ticket,
including
any
mandatory
fees.
The
bill
18
also
provides
for
disclosures
for
covered
entities
engaged
in
19
speculative
ticketing.
20
The
bill
defines
a
“covered
service”
to
mean
(1)
an
internet
21
service,
(2)
a
voice
service,
(3)
a
commercial
mobile
service,
22
(4)
a
service
provided
by
a
multichannel
video
programming
23
distributor,
and
(5)
any
other
service
offered
or
provided
as
24
part
of
a
bundle
or
package
with
any
of
the
services
described
25
above.
The
bill
provides
that
a
provider
of
a
covered
26
service
shall
not
charge
an
consumer
an
early
termination
fee.
27
However,
a
provider
of
a
covered
service
may
charge
a
consumer
28
for
the
cost
of
rental
or
loan
equipment
that
is
not
returned
29
to
the
provider
within
a
reasonable
period
of
time
or
the
30
outstanding
cost
of
a
purchased
device.
31
The
bill
allows
the
attorney
general
to
adopt
rules
to
32
implement
the
bill.
The
attorney
general
may
impose
a
civil
33
penalty
of
not
more
than
$5,000
per
violation
against
a
person
34
who
violates
the
provisions
of
the
bill.
Any
collected
civil
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penalties
are
to
be
deposited
in
the
general
fund
of
the
state.
1
In
addition
to
a
civil
penalty,
the
attorney
general
may
order
2
a
person
to
cease
and
desist
from
violating
the
provisions
of
3
the
bill.
4
The
bill
does
not
apply
to
any
owner,
agent,
or
employee
of
5
any
radio
or
television
station,
or
to
any
owner,
publisher,
6
printer,
agent,
or
employee
of
an
internet
service
provider,
7
newspaper,
or
other
publication,
periodical,
or
circular,
who,
8
in
good
faith
and
without
knowledge
of
the
falsity
or
deceptive
9
character
thereof,
publishes,
causes
to
be
published,
or
takes
10
part
in
the
publication
of
such
advertisement.
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