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SF 2996

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 02:41pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to commerce; establishing a social media platform registration fee;
establishing a social media impact fund; requiring reports; appropriating money;
proposing coding for new law as Minnesota Statutes, chapter 325O.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325O.01] DEFINITIONS.
new text end

new text begin (a) For the purposes of this chapter, the following terms have the meanings given.
new text end

new text begin (b) "Account holder" means a person who accesses a social media account through a
social media platform.
new text end

new text begin (c) "Commissioner" means the commissioner of commerce.
new text end

new text begin (d) "Minnesota account holder" means an account holder on a social media platform
that has either established the account from an Internet protocol address located in Minnesota
or indicated current residence in Minnesota.
new text end

new text begin (e) "Personally identifying information" means information that allows a person to be
identified or located, including:
new text end

new text begin (1) the person's first and last name, first initial and last name, first name and last initial,
or nickname;
new text end

new text begin (2) the person's birth date or Social Security number;
new text end

new text begin (3) the person's current or former home, school, or work address;
new text end

new text begin (4) the person's telephone number or e-mail address; or
new text end

new text begin (5) the person's geolocation data.
new text end

new text begin (f) "Social media platform" means an electronic medium, including a browser-based or
application-based interactive computer service, telephone network, or data network, that
allows users to create, share, and view user-created content. Social media platform does not
include online periodicals, newspapers, or platforms specifically and exclusively used as a
business or employment services platform.
new text end

new text begin (g) "User-created content" means data created by an account holder that is displayed on
the account holder's social media page or stored by the social media platform in the account
holder's account, including but not limited to personally identifying information, education
experience or institution, volunteer or employment experience, written posts, photographs,
video recordings, or audio recordings.
new text end

Sec. 2.

new text begin [325O.02] SOCIAL MEDIA IMPACT FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Social media impact fund. new text end

new text begin A social media impact fund is established
as a separate account in the special revenue fund in the state treasury. Earnings, such as
interest, dividends, and any other earnings arising from assets of the account, are credited
to the fund.
new text end

new text begin Subd. 2. new text end

new text begin Allowable expenditures. new text end

new text begin Money in the fund may be appropriated by law and
expended for costs attributable to:
new text end

new text begin (1) reasonable expenses incurred by the commissioner of commerce to administer section
325O.03;
new text end

new text begin (2) reasonable expenses incurred by the commissioners of commerce and human services
to complete the reports under section 325O.04;
new text end

new text begin (3) reasonable expenses incurred by the commissioner of human services to conduct a
public outreach campaign to raise awareness and increase education regarding adverse
effects on children who use social media; and
new text end

new text begin (4) develop and distribute educational resources and training materials about the risks
and adverse effects on children who use social media by the Department of Human Services.
new text end

Sec. 3.

new text begin [325O.03] SOCIAL MEDIA PLATFORM REGISTRATION FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Determination of social media platform registration fee. new text end

new text begin (a) An annual
registration fee is imposed on any social media platform having 100,000 or more Minnesota
account holders during a calendar year.
new text end

new text begin (b) The annual registration fee for each social media platform meeting the requirement
under paragraph (a) is $.......
new text end

new text begin (c) Each social media platform required to pay the registration fee under this section
must submit the fee to the commissioner by June 1 each year.
new text end

new text begin (d) The registration fee collected under this subdivision shall be deposited in the social
media impact fund account established under section 325O.02.
new text end

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin By March 1 each year, a social media platform meeting the
requirement under subdivision 1, paragraph (a), must report to the commissioner, in a format
specified by the commissioner, that the social media platform has met or maintained
qualification during the preceding calendar year requiring registration in Minnesota.
Reporting under this subdivision does not include personally identifying information of
account holders of a social media platform or access to user-created content.
new text end

Sec. 4.

new text begin [325O.04] REPORTS TO LEGISLATURE.
new text end

new text begin (a) By February 1 each year, the commissioner of commerce must submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over commerce. The report must include information on the
number of social media platforms meeting the requirements under section 325O.03, the
names of the social media platforms, and an accounting of expenses and the fund balance
of the account created in section 325O.02.
new text end

new text begin (b) By February 1 each year, the commissioner of human services must submit a report
to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over human services on the activities and results of the public
outreach campaign conducted pursuant to section 325O.02, subdivision 2, clause (3). The
report must include a summary of existing research on the adverse effects on children who
use social media and describe future uses for grant funding to address children's mental
health needs related to social media use.
new text end

Sec. 5. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the commissioner of
human services to conduct public outreach beginning January 1, 2021, to increase education
and awareness regarding adverse effects on children who use social media, pursuant to
Minnesota Statutes, section 325O.02, subdivision 2, clause (3). This is a onetime
appropriation.
new text end

Sec. 6. new text beginEFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 1 to 5 are effective July 1, 2020. Initial public outreach and reporting under
sections 325O.02 and 325O.03 must occur in 2021. The initial reports under section 325O.04
must be submitted in 2022.
new text end