Full Text of HB3098 103rd General Assembly
HB3098 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3098 Introduced 2/17/2023, by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: |
| |
Creates the Protect Illinois Technology Jobs Act. Provides that a provider of a digital application distribution platform for which cumulative downloads of software applications from the digital application distribution platform to Illinois users exceed 1,000,000 downloads in the previous or current calendar year may not: (i) require a software application developer that is domiciled in the State to use a particular in-application payment system as a mode of accepting payments from a user for software application downloads or digital purchases; (ii) require use of a particular in-application payment system as a mode of accepting payments from Illinois users to download a software application or purchase a digital or physical product or service through a software application; (iii) retaliate against a developer that is domiciled in the State or an Illinois user for using an in-application payment system or digital application distribution platform that is not owned by, operated by, or affiliated with the provider; or (iv) discriminate against any developer on account of the developer using a third-party payment system to process payments for in-application payments. Exempts special-purpose digital application distribution platforms from the Act. Provides that the Attorney General may receive complaints and investigate violations of the Act. Provides that any person aggrieved by a violation of the Act may commence a civil action. Provides that nothing in the Act shall restrict the ability of a digital application distribution platform to determine the manner in which applications may be downloaded, and specifically, nothing in the Act shall prohibit the ability of a digital application distribution platform to prohibit side-loading of applications. Defines terms.
|
| |
| | A BILL FOR |
|
| | | HB3098 | | LRB103 05162 SPS 50177 b |
|
| 1 | | AN ACT concerning digital application distribution | 2 | | platforms.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 1. Short title. This Act may be cited as the | 6 | | Protect Illinois Technology Jobs Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Developer" means a creator of software applications | 9 | | that are
made available for download by users through a | 10 | | digital application
distribution platform or other digital | 11 | | distribution platform.
| 12 | | "Digital application distribution platform" means a | 13 | | digital distribution platform for applications and
| 14 | | services that are provided to users on general-purpose | 15 | | hardware, including
mobile phones, smartphones, tablets, | 16 | | personal computers, and other
general-purpose devices that | 17 | | are connected to the Internet. "Digital application | 18 | | distribution platform" includes a digital distribution | 19 | | platform that is provided or
used for only certain types | 20 | | of devices, such as certain grades of
computing device, | 21 | | devices that are made by only a particular manufacturer,
| 22 | | or devices that run a particular operating system. | 23 | | "Domiciled in this State" means a person that conducts |
| | | HB3098 | - 2 - | LRB103 05162 SPS 50177 b |
|
| 1 | | in this
State the substantial portion of work to create or | 2 | | to maintain digital
applications.
| 3 | | "Illinois user" means a user whose most recent address | 4 | | shown in
the records of a provider is located within this | 5 | | State.
| 6 | | "In-application payment system" means an application, | 7 | | service, or
user interface that is used to process | 8 | | payments from users to developers
for software | 9 | | applications and digital and physical products and | 10 | | services
distributed through software applications.
| 11 | | "Provider" means a person that owns, operates, | 12 | | implements, or
maintains a digital application | 13 | | distribution platform or an in-application
payment system.
| 14 | | "Special-purpose digital application distribution | 15 | | platform"
means a digital distribution platform | 16 | | established primarily for use by
public safety agencies or | 17 | | for single or specialized categories of
applications, | 18 | | software, and services that are provided to users on | 19 | | hardware
intended primarily for specific purposes, | 20 | | including gaming consoles, music
players, and other | 21 | | special-purpose devices that are connected to the
| 22 | | Internet.
| 23 | | Section 10. Digital application distribution platforms; | 24 | | prohibitions. | 25 | | (a) A provider of a digital application distribution |
| | | HB3098 | - 3 - | LRB103 05162 SPS 50177 b |
|
| 1 | | platform for
which cumulative downloads of software | 2 | | applications from the digital
application distribution | 3 | | platform to Illinois users exceed 1,000,000
downloads in the | 4 | | previous or current calendar year may not do any of the | 5 | | following:
| 6 | | (1) Require a developer that is domiciled in this | 7 | | State to use a
particular in-application payment system as | 8 | | a mode of
accepting payments from a user to download a | 9 | | software application or
purchase a digital or physical | 10 | | product or service through a software
application. | 11 | | (2) Require use of a particular in-application payment | 12 | | system as a mode of accepting payments from Illinois users | 13 | | to download a software application or purchase a digital | 14 | | or physical product or service through a software | 15 | | application. | 16 | | (3) Retaliate against a developer that is domiciled in | 17 | | this State or
an Illinois user for using an in-application | 18 | | payment system or digital
application distribution | 19 | | platform that is not owned by, operated by, or
affiliated | 20 | | with the provider or retaliate against a developer for | 21 | | that use
to distribute applications to or accept payments | 22 | | from Illinois users to download a software application or | 23 | | purchase a digital or physical product or service through | 24 | | a software application.
Such prohibited acts of | 25 | | retaliation shall include, but not be limited to, demoting | 26 | | the search rankings of the developer, removing the |
| | | HB3098 | - 4 - | LRB103 05162 SPS 50177 b |
|
| 1 | | application from the distribution platform, or slowing | 2 | | down the application review and approval timelines. | 3 | | (4) Discriminate against any developer on account of | 4 | | the developer using a third-party payment system to | 5 | | process payments for in-application payments. Such | 6 | | prohibited discrimination shall include, but not be | 7 | | limited to, charging higher take rates or commissions for | 8 | | application distribution or any other service provided by | 9 | | the digital application distribution platform than the | 10 | | platform charges to applications that either offer no | 11 | | in-application payment systems or use an in-application | 12 | | payment system controlled or approved by the platform. | 13 | | (b) This Act does not apply with respect to | 14 | | special-purpose
digital application distribution platforms. | 15 | | (c) The Attorney General may receive complaints and | 16 | | investigate
violations of this Act and may bring an action in | 17 | | any court of
competent jurisdiction to obtain legal or | 18 | | equitable relief on behalf of a
person aggrieved by the | 19 | | violation. | 20 | | (d) Any person aggrieved by a violation of this Act may | 21 | | commence
a civil action on the person's own behalf in any court | 22 | | of competent
jurisdiction to obtain legal or equitable relief, | 23 | | including reasonable
attorney's fees and costs. | 24 | | (e) An action may not be commenced under subsection (d) | 25 | | until 60 days after the person allegedly aggrieved by a | 26 | | violation of this Act has given notice of the
alleged |
| | | HB3098 | - 5 - | LRB103 05162 SPS 50177 b |
|
| 1 | | violation to the Attorney General. An action may not be | 2 | | commenced
under subsection (d) if the Attorney General has | 3 | | commenced
and is diligently prosecuting an action in court | 4 | | arising from the same
alleged violation. | 5 | | (f) Nothing in this Act shall restrict the ability of a | 6 | | digital application distribution platform to determine the | 7 | | manner in which applications may be downloaded, and | 8 | | specifically, nothing in this Act shall prohibit the ability | 9 | | of a digital application distribution platform to prohibit | 10 | | side-loading of applications.
|
|