HB2220113th GA (Historical)Introduced

Amends TCA Title 39, Chapter 17, Part 13.

By January 1, 2025, this bill requires the Tennessee bureau of investigation (TBI) to develop and launch a secure internet-based platform to allow any person in the United States to register to add the person's own name to the "Tennessee Do Not Sell List." The TBI must ensure that this internet-based platform credibly (i) verifies the identity of any person who opts to register with the TBI; (ii) prevents unauthorized disclosures of any registering persons; and (iii) informs the potential registrant of the legal effects of registration.<br /> <br /> After the internet-based platform becomes operative, this bill authorizes a person to request, via the platform, to be added to the "Tennessee Do Not Sell List." The TBI must, on an ongoing basis, ensure that registry information is reflected in the National Instant Criminal Background Check system (NICS) Index Denied Persons File, and conveyed to any other state that adopts an analogous "Do Not Sell List."<br /> <br /> This bill provides that registering for the "Tennessee Do Not Sell List" or registering in any other state that adopts an analogous "Do Not Sell List" renders the registrant ineligible to receive a firearm. If a person is in the NICS due to registering in this state or in another state, then receipt of a firearm from a person or entity required to perform a background check violates this bill. Further, it is a Class A misdemeanor to knowingly transfer a firearm to a person who is validly registered on the "Tennessee Do Not Sell List" or a similar list in another state. Such an offense is punishable only by a fine not to exceed $1,000.<br /> <br /> This bill authorizes a person requesting to be added to the "Tennessee Do Not Sell List" to subsequently request that the person's name be removed from the registry by a secure method conveyed to this state's internet-based platform. The TBI must wait 21 days after receiving a request to remove a person's name from the registry before removing the requesting person from the NICS Index Denied Persons File for Tennessee. The TBI must notify any other participating state and, following this notification, must purge all records related to the registration process.<br /> <br /> CONFIDENTIALITY<br /> <br /> This bill provides that whether a person is on the "Tennessee Do Not Sell List" or the person has requested to be removed from the list is confidential with respect to matters involving employment, education, housing, insurance, government benefits, and contracting. A cause of action is created if a person or entity inquires whether a person is on the "Tennessee Do Not Sell List" for the purposes of employment, education, housing, insurance, government benefits, or contracting or if the person or entity takes any action against the person based upon that information. The person whose confidentiality was violated by an inquiry or action may bring a cause of action for appropriate relief, including reasonable attorney fees, for each violation of this provision that occurs.<br />

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Overview

By January 1, 2025, this bill requires the Tennessee bureau of investigation (TBI) to develop and launch a secure internet-based platform to allow any person in the United States to register to add the person's own name to the "Tennessee Do Not Sell List." The TBI must ensure that this internet-based platform credibly (i) verifies the identity of any person who opts to register with the TBI; (ii) prevents unauthorized disclosures of any registering persons; and (iii) informs the potential registrant of the legal effects of registration.<br /> <br /> After the internet-based platform becomes operative, this bill authorizes a person to request, via the platform, to be added to the "Tennessee Do Not Sell List." The TBI must, on an ongoing basis, ensure that registry information is reflected in the National Instant Criminal Background Check system (NICS) Index Denied Persons File, and conveyed to any other state that adopts an analogous "Do Not Sell List."<br /> <br /> This bill provides that registering for the "Tennessee Do Not Sell List" or registering in any other state that adopts an analogous "Do Not Sell List" renders the registrant ineligible to receive a firearm. If a person is in the NICS due to registering in this state or in another state, then receipt of a firearm from a person or entity required to perform a background check violates this bill. Further, it is a Class A misdemeanor to knowingly transfer a firearm to a person who is validly registered on the "Tennessee Do Not Sell List" or a similar list in another state. Such an offense is punishable only by a fine not to exceed $1,000.<br /> <br /> This bill authorizes a person requesting to be added to the "Tennessee Do Not Sell List" to subsequently request that the person's name be removed from the registry by a secure method conveyed to this state's internet-based platform. The TBI must wait 21 days after receiving a request to remove a person's name from the registry before removing the requesting person from the NICS Index Denied Persons File for Tennessee. The TBI must notify any other participating state and, following this notification, must purge all records related to the registration process.<br /> <br /> CONFIDENTIALITY<br /> <br /> This bill provides that whether a person is on the "Tennessee Do Not Sell List" or the person has requested to be removed from the list is confidential with respect to matters involving employment, education, housing, insurance, government benefits, and contracting. A cause of action is created if a person or entity inquires whether a person is on the "Tennessee Do Not Sell List" for the purposes of employment, education, housing, insurance, government benefits, or contracting or if the person or entity takes any action against the person based upon that information. The person whose confidentiality was violated by an inquiry or action may bring a cause of action for appropriate relief, including reasonable attorney fees, for each violation of this provision that occurs.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 26, 2024

Subjects
17854765

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