Louisiana 2024 Regular Session

Louisiana House Bill HB591

Introduced
3/1/24  
Introduced
3/1/24  
Refer
3/1/24  
Refer
3/11/24  

Caption

Provides relative to prohibitions on a local governing authority regulating online marketplaces

Impact

If enacted, HB 591 would significantly affect the balance of regulatory power between state and local authorities. It bars local governing bodies from imposing their own regulations on online marketplaces, consolidating control at the state level. This could lead to enhanced business predictability for online platforms operating throughout different areas of Louisiana. Supporters argue that this bill is essential for the ongoing growth of e-commerce, yet its implications may restrict local governments from tailoring regulations to fit unique community needs, particularly regarding consumer protection and privacy safeguards.

Summary

House Bill 591 seeks to aim at the regulation of online marketplaces by local governing authorities in Louisiana. The bill explicitly prohibits local authorities from regulating these platforms and requires that any request for user identification must be pursued through a formal subpoena or court order. This legislation is designed to streamline the operation of online marketplaces by preventing regional restrictions or regulations that could hinder their operation, thereby enhancing consumer access to goods and services. The bill intends to promote a more consistent regulatory framework for online transactions at a state level, avoiding the patchwork of local laws that can complicate business operations.

Sentiment

The sentiment regarding HB 591 is mixed. Advocates, primarily from the business sector, view the bill favorably, arguing that it eliminates unnecessary barriers for online businesses and enhances consumer access to services. Conversely, opponents, including local government officials and consumer advocacy groups, express concerns that the legislation diminishes local autonomy and could expose users to greater risks by limiting local protections and oversight. This divide reflects broader tensions between state authority and local governance, especially in the rapidly evolving digital marketplace.

Contention

Notable points of contention include the fear that HB 591 may undermine local governments' ability to enact laws that address specific community concerns, such as consumer protection in the online space. Critics assert that it effectively removes local oversight of online marketplaces, which can have proliferative impacts on privacy, especially regarding how user data is handled. While the bill aims to foster a conducive environment for digital commerce, the long-term effects on consumer rights and local regulatory capacity remain subjects of significant debate.

Companion Bills

No companion bills found.

Previously Filed As

LA SB140

Provides relative to online judicial sales. (8/1/23)

LA SB162

Creates the Secure Online Child Interaction and Age Limitation Act. (8/1/23) (EN INCREASE GF EX See Note)

LA HB171

Provides relative to requirements for dealers and marketplace facilitators to collect and remit sales and use taxes (EN SEE FISC NOTE GF RV See Note)

LA HB274

Provides relative to the investment of certain funds by the governing authority of Lincoln Parish

LA HB462

Requires public school governing authorities to post certain fiscal information on their websites (EN +$232,710 GF EX See Note)

LA HB642

Provides relative to sales and use taxation of certain digital products and services (EG INCREASE GF RV See Note)

LA SB127

Constitutional amendment to authorize the local governing authority of each parish to provide a limited ad valorem tax exemption for qualified first responders. (2/3 - CA13s1(A)) (EN DECREASE LF RV See Note)

LA SB185

Provides relative to the licensing and regulation of virtual businesses. (8/1/23) (EN NO IMPACT See Note)

LA HB192

Provides an exception to allow an immediate family member of a village governing authority member to be appointed or employed by the village under certain circumstances

LA HB446

Provides relative to online handgun education course curriculum

Similar Bills

CA AB1790

Marketplaces: marketplace sellers.

CA AB1402

Marketplace facilitator: fee collection.

MI SB0930

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5745

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI SB0229

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

MI HB5746

Sales tax: collections; certain requirements imposed on marketplace facilitators related to tax collections; provide exceptions and waivers. Amends sec. 5c of 1937 PA 94 (MCL 205.95c).

CA SB301

Marketplaces: online marketplaces.

CA SB1312

Marketplace facilitators: passenger vehicle rental companies.