08RS HB247
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HB247

08RS

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HB 247 (BR 64) - J. Glenn, T. Riner, D. Horlander, D. Osborne

     AN ACT relating to unsolicited facsimile transmissions.
     Create new sections of KRS Chapter 367 to prohibit unsolicited faxes to a telephone facsimile machine; define telephone facsimile machine, unsolicited advertisement by a telephone facsimile machine, and established business relationship; provide exception for an established business relationship between the sender and recipient; require that fax transmissions contain an opt-out procedure for recipient; provide for a private cause of action in District or Circuit Court; amend KRS 367.46951 to conform; amend KRS 367.990 to impose a maximum penalty of $500 for each violation, except that the penalty for a willful violation shall be not more than $2,000.

HB 247 - AMENDMENTS


     HCS - Retain original provisions; change definition of "telephone facsimile machine"; change Section 2(1) to make it unlawful for any person using a telephone facsimile machine to transmit or cause to be transmitted any unsolicited advertisement to a telephone facsimile machine located in Kentucky, unless there is an established business relationship between the sender and recipient.

     HFA (1, J. Higdon) - Amend to establish restrictions on prerecorded political messages and establish penalty for violations.

     HFA (2/Title, J. Higdon) - Make title amendment.

     HFA (3, B. Farmer) - Create new sections of KRS Chapter 367 to prohibit unsolicited faxes to a telephone facsimile machine and unauthorized cellular or wireless communications text message solicitations; define "telephone facsimile machine," "unsolicited advertisement by a telephone facsimile machine," and "established business relationship"; provide exception for an established business relationship between sender and recipient; require fax transmissions to contain an opt-out procedure for recipient; provide for private cause of action in district or circuit court; amend KRS 367.46951 to conform; amend KRS 367.990 to impose a maximum penalty of $500 for each violation, except that the penalty for willful violation shall not be more than $2000.

     HFA (4/Title, J. Glenn) - Make title amendment.

     HFA (5, J. Higdon) - Amend KRS 367.46955 to include a prerecorded political message as an unsolicited telephone solicitation.

     Jan 10-introduced in House
     Jan 15-to Labor & Industry (H)
     Jan 29-posted in committee
     Jan 31-reported favorably, 1st reading, to Calendar
     Feb 1-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 4, 2008; floor amendments (1) and (2-title) filed
     Feb 4-floor amendments (3) and (4-title) filed
     Feb 5-floor amendment (5) filed
     Feb 7-recommitted to Banking & Insurance (H)
     Feb 8-posted in committee
     Feb 13-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, February 14, 2008
     Feb 19-3rd reading, passed 93-1 with Committee Substitute
     Feb 20-received in Senate
     Feb 25-to Agriculture & Natural Resources (S)

Vote History
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