Senate committee substitute to the 1st edition makes the following changes. Amends proposed GS 153A-461 (applicable to counties) and GS 160A-499.6 (applicable to cities) as follows. Amends the definition of online marketplace by specifying that the requirement to provide or maintain a platform for services includes performing (among the other listed activities) owning or operating the electronic infrastructure or technology (was infrastructure or technology) that brings two or more users together. Further amends the statutes by adding that the term "online marketplace" does not include any local or State entity or vendor. Makes clarifying changes.
Adds that the act does not affect any authority otherwise granted to counties and cities in State statute.
LIMIT ONLINE MARKETPLACE REGULATIONS.
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT PROVIDING THAT COUNTIES AND CITIES SHALL NOT REGULATE CERTAIN ONLINE MARKETPLACES.Intro. by Perry, Lazzara, Moffitt.
Bill History:
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Thu, 16 Mar 2023 Senate: Filed
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Mon, 20 Mar 2023 Senate: Passed 1st Reading
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Mon, 20 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 18 Apr 2023 Senate: Withdrawn From Com
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Tue, 25 Apr 2023 Senate: Reptd Fav Com Substitute
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Tue, 25 Apr 2023 Senate: Com Substitute Adopted
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Tue, 25 Apr 2023 Senate: Re-ref Com On Judiciary
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Wed, 26 Apr 2023 Senate: Reptd Fav
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Wed, 26 Apr 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Thu, 27 Apr 2023 Senate: Reptd Fav
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Mon, 1 May 2023 Senate: Passed 2nd Reading
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Mon, 1 May 2023 Senate: Passed 3rd Reading
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Tue, 2 May 2023 Senate: Regular Message Sent To House
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Tue, 2 May 2023 House: Regular Message Received From Senate
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Wed, 3 May 2023 House: Passed 1st Reading
Bill Summaries:
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Bill S 325 (2023-2024)Summary date: Apr 25 2023 - View Summary
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Bill S 325 (2023-2024)Summary date: Mar 16 2023 - View Summary
Enacts GS 153A-461 (applicable to counties) and GS 160A-499.6 (applicable to cities) to bar counties and cities from regulating the operation of an online marketplace or from requiring an online marketplace to provide users' personally identifiable information, unless pursuant to subpoena or court order. Defines online marketplace to mean a person or entity that does both of the following: (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 service is advertised in this State or is offered to the public as available in this State or (2) provides, directly or indirectly, or maintains a platform for services by performing any of the following: (i) providing a payment system that facilitates a transaction between two platform users, (ii) transmitting or otherwise communicating the offer and acceptance of a transaction between two platform users, and (iii) owning or operating the infrastructure or technology that brings two or more users together.