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.
Bill Summaries: S325 LIMIT ONLINE MARKETPLACE REGULATIONS.
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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.