Amends TCA Title 4; Title 5; Title 6; Title 7; Title 12; Title 13; Title 42; Title 54; Title 55; Title 56; Title 62; Title 65; Title 66; Title 67 and Title 68.
ON APRIL 12, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1336, AS AMENDED. AMENDMENT #1 rewrites the bill. This amendment prohibits counties, including counties with a metropolitan form of government, and municipalities from: regulating the operation of an online marketplace; or requiring an online marketplace to provide personally identifiable information of users without an administrative subpoena or court order. For the purposes of this amendment, "online marketplace" means a person or entity that: (1) Provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium, through which a good or service in this state is advertised or offered to the public as available; and (2) Directly or indirectly provides or maintains a platform for goods or services by performing the following: providing a payment system that facilitates a transaction between two platform users; transmitting or otherwise communicating the offer or acceptance of a transaction between two platform users; owning or operating the infrastructure, whether electronic or physical, or technology that brings two or more users together; providing a virtual currency that users are allowed or required to use to transact; or providing software development or research and development activities related to any of the activities described in this provision.
ON APRIL 12, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1336, AS AMENDED. AMENDMENT #1 rewrites the bill. This amendment prohibits counties, including counties with a metropolitan form of government, and municipalities from: regulating the operation of an online marketplace; or requiring an online marketplace to provide personally identifiable information of users without an administrative subpoena or court order. For the purposes of this amendment, "online marketplace" means a person or entity that: (1) Provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium, through which a good or service in this state is advertised or offered to the public as available; and (2) Directly or indirectly provides or maintains a platform for goods or services by performing the following: providing a payment system that facilitates a transaction between two platform users; transmitting or otherwise communicating the offer or acceptance of a transaction between two platform users; owning or operating the infrastructure, whether electronic or physical, or technology that brings two or more users together; providing a virtual currency that users are allowed or required to use to transact; or providing software development or research and development activities related to any of the activities described in this provision.
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