H.R. 2887 · 115th Congress
No Regulation Without Representation Act of 2017
- Stage
- In committee
- Sponsor
- F. Sensenbrenner
- Introduced
- 2017-06-12
- Latest action
- 2017-07-19 · Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Summary
No Regulation Without Representation Act of 2017
This bill prohibits a state from taxing or regulating a person's activity in interstate commerce unless the person is physically present in the state during the period in which the tax or regulation is imposed.
A person is physically present if the person's business activities in the state include:
maintaining a commercial or legal domicile in the state; owning, holding, leasing, or maintaining certain property in the state; having one or more employees, agents, or independent contractors in the state who provide on-site design, installation, or repair services on behalf of the remote seller; having one or more employees, exclusive agents or exclusive independent contractors present in the state who engage in activities that substantially assist the person to establish or maintain a market in the state; or regularly employing three or more employees in the state. The bill specifies certain activities and agreements that indicate a de minimis physical presence that is excluded from the definition of "physical presence."
The bill also specifies that U.S. district courts have original jurisdiction over civil actions to enforce this bill.