HB 54 (BR 221) - B. Buckingham, M. Cherry, C. Hoffman, R. Palumbo, J. Richards, J. Stewart, R. Wilkey
AN ACT relating to telephone solicitation.
Amend KRS 367.46951 to delete exemptions from the definition of telephone solicitation and make conforming changes.
HB 54 - AMENDMENTS
HCS - Retain original provisions of the bill; amend KRS 367.46951 to include live or recorded communication in the definition of telephone solicitation; restore exemption from the definition of telephone solicitation for colleges or universities accredited by a national regional accrediting organization, real estate brokers or sales associates properly licensed under KRS chapter 324 but exclude brokers and associates that are selling recreational and retirement use land or timeshares, schools or persons on behalf of schools regulated by the Department of Education that are selling subscriptions to newspapers, magazines, or periodicals if the proceeds are shared with the school; delete as a provision for an exemption from the definition of telephone solicitation the requirement that the merchant not make a telephone solicitation as part of a telemarketing plan; establish a definition of telemarketing services; amend KRS 367.46955 to require any person making a telephone solicitation to be subject to certain prohibited acts; require that any credit card charge made in conjunction with a telephone solicitation be in accordance with KRS 367.46963; require that telephone solicitation honor the zero call list; prohibit the sale of information revealed during a telephone solicitation; prohibit telephone solicitations using a prerecorded voice except under expressed circumstances; prohibit the use of unfair, false, misleading or deceptive practices in conjunction with telephone solicitation; create new section of KRS Chapter 367.46951 to KRS 367.46999 to establish a zero call list and to require the Attorney General to inform any person who applies to the Office of the Attorney General to be placed on the "no call list" or the "zero call list" about how to put their names on company-specific and industry-wide no solicitation call lists.
HFA (1, B. Buckingham) - Amend the definition of telephone solicitation to create an exemption for merchants or telemarketers making telephone solicitations resulting in sales that benefit nonprofit organizations for disabled persons; restore exemptions for merchants or telemarketers making sales outside of the Commonwealth of Kentucky and for corporations regulated by the Public Service Commission; include language under Section 2 that specifies persons making telephone solicitations are subject to the provisions of that section; and conform subparagraph numbering.
HFA (2, B. Buckingham) - Amend the definition of telephone solicitation to restore exemptions for merchants or telemarketers making sales outside of the Commonwealth of Kentucky; restore a limited exemption for corporations regulated by the Public Service Commission; provide an exemption to the Kentucky Higher Education Assistance Authority; include language under Section 2 that specifies persons making telephone solicitations are subject to the provisions of that section; and conform subparagraph numbering.
SCA (1, R. Stivers) - Establish a procedure by which persons 65 years of age or older may place themselves on a "zero call" list with the Attorney General's Division of Consumer Protection; prohibit those making telephone solicitations from calling persons on the "zero call" list unless certain circumstances exist; permit the Attorney General to recover a $1,000 civil penalty for a willful violation of the "zero call" list; permit the voiding of any contract made in violation of the "zero call" list; create defenses for a person charged with a violation of the "no telephone solicitation calls" list referred to in KRS 367.46955(15) or the "zero call" list.
CCR - Conference Committee agreed to disagree and requested Free Conference Committee be appointed.
Jan 2-introduced in House
Jan 3-to Labor and Industry (H)
Feb 7-posted in committee
Feb 21-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 22-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 23, 2001
Feb 23-floor amendment (1) filed to Committee Substitute
Feb 26-floor amendment (2) filed to Committee Substitute
Feb 27-3rd reading, passed with Committee Substitute, floor amendment (2)
Feb 28-received in Senate
Mar 5-to Judiciary (S); reported without opinion; 1st reading, to Calendar
Mar 6-2nd reading, to Rules
Mar 8-recommitted to Judiciary (S); reported favorably, to Rules with committee amendment (1) ; posted for passage in the Regular Orders of the Day for Thursday, March 8, 2001; 3rd reading, passed 37-0 with committee amendment (1) ; received in House; posted for passage for concurrence in Senate committee amendment (1) ; House refused to concur in Senate committee amendment (1) ; received in Senate; posted for passage for receding from Senate committee amendment (1) ; Senate refused to recede from committee amendment (1) ; Conference Committee appointed in Senate
Mar 9-received in House; Conference Committee appointed in House; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate