Amends TCA Title 2; Title 3; Title 4; Title 5; Title 6; Title 7; Title 10; Title 12; Title 39; Title 40 and Title 41.

This bill prohibits public agencies from requiring or releasing certain personal information relating to a person's involvement with a 501(c) entity and creates a civil cause of action for such release. The "personal information" covered by this bill is any list, record, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under section 501(c) of the internal revenue code. Under this bill, a public agency is prohibited from: (1) Requiring an individual to provide the public agency with personal information or otherwise compel the release of personal information; (2) Requiring a 501(c) tax exempt entity to provide the public agency with personal information of its members, supporters, volunteers, or donors, or otherwise compelling the release of that personal information; (3) Releasing, publicizing, or otherwise publicly disclosing personal information in possession of a public agency; or (4) Requesting or requiring a current or prospective contractor or grantee with the public agency to provide the public agency with a list of 501(c) tax exempt entities to which it has provided financial or nonfinancial support. This bill provides that a public agency may share personal information from the applicable individual or entity with a federal agency as required by federal law; however, the personal information shared is otherwise confidential and not an open record. Under this bill, the comptroller of the treasury or the comptroller's designated representative will have access to personal information for purposes of audit or investigation, but the personal information is otherwise confidential and not an open record. A state agency or state agency's designated representative must have access to personal information for purposes of conducting an audit, subrecipient monitoring, conducting a background check, or conducting an investigation, but that personal information is confidential and not an open record. Knowingly violating this bill will constitute a Class B misdemeanor. A person alleging a violation of this bill may bring a civil action for appropriate injunctive relief, damages, or both. Damages may include one of the following, as appropriate: (1) A sum of money not less than $2,500 and not more than $7,500 to compensate for injury or loss caused by each violation of this bill; or (2) A sum of not less than $7,500 for an intentional violation of this bill. A court may award all or a portion of the costs of litigation, including reasonable attorney and witness fees, to the complainant in the action if the court determines that the award is appropriate. This bill does not preclude: (1) A report or disclosure required by campaign finance law; (2) A report or disclosure required by ethics and lobbying laws; (3) The disclosure of personal information amongst law enforcement agencies pursuant to an active investigation; (4) A lawful warrant for personal information issued by a court of competent jurisdiction; (5) A lawful request for discovery of personal information in litigation if the requestor demonstrates a compelling need for the personal information by clear and convincing evidence, and the requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation; (6) Admission of personal information as relevant evidence before a court of competent jurisdiction. However, the court must issue a protective order barring disclosure of the personal information to any person not named in the litigation; (7) A state agency from requesting or disclosing personal information as required by federal law or state law; or (8) A lawful request for discovery of personal information in litigation to demonstrate that a party has standing to bring or appeal any action. This bill will take effect on October 1, 2021, and will apply to prohibited conduct occurring on or after that date. ON APRIL 26, 2021, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 159, AS AMENDED. AMENDMENT #2 revises various provisions of this bill, as follows: (A) Removes the definition of "federal agency" from the bill and revises the definitions of "personal information" and "public agency." Under this amendment, "personal information" means the name and data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under section 501(c) of the internal revenue code. Under this amendment, "public agency" means any state or local governmental unit, department, or agency, however designated, which requires an entity exempt from federal income tax under section 501(c) of the internal revenue code to provide the public agency with the name and other personal information of its members, supporters, volunteers, or donors; (B) Removes the prohibited acts described above in the Bill Summary in items (1), (2), and (4) and adds to the list a prohibition on a public agency requiring an entity exempt from federal income tax under section 501(c) of the internal revenue code to provide the names or other personal information of persons who have provided financial or nonfinancial support to exempt the entity; (C) Clarifies that a public agency may share personal information with a federal agency as required by federal law; (D) Adds that the bill does not preclude the enforcement of the present law provisions governing the solicitation of charitable funds by the appropriate state officials; (E) Removes the provisions: authorizing a person to bring a civil action for appropriate injunctive relief, damages, or both; the provision providing damages; and the provision regarding a court's award of damages; (F) Revises the provision regarding state agency's access to the personal information to provide that a state agency or the agency's designated representative must have access to personal information for the purposes of conducting an audit, monitoring, verifying eligibility for benefits, conducting a background check, or conducting an investigation but that personal information is confidential and not a public record; (G) Adds that an institution of higher education is not subject to the bill; and (H) Adds exemptions to this bill's requirements for a national securities association that is registered pursuant to Section 15A of the federal Securities Exchange Act of 1934, or any information such national securities association provides to the commissioner of commerce and insurance pursuant to this state's securities laws.