Kentucky
General Assembly

01/10/08	introduced in House
01/15/08	to Labor & Industry (H)
01/29/08	posted in committee
01/31/08	reported favorably, 1st reading, to Calendar
02/01/08	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
02/04/08	floor amendments (3) and (4-title) filed
02/05/08	floor amendment (5) filed
02/07/08	recommitted to Banking & Insurance (H)
02/08/08	posted in committee
02/13/08	reported favorably, to Rules with Committee Substitute posted for passage in the Regular Orders of the Day for Thursday, February 14, 2008
02/19/08	3rd reading, passed 93-1 with Committee Substitute
02/20/08	received in Senate
02/25/08	to Agriculture & Natural Resources (S)

Amendment	House Committee Substitute 1
Summary	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.
Index Headings	Crimes and Punishments - Unsolicited fax, prohibitions and penalty Advertising - Unsolicited fax, prohibitions and penalty Attorney General - Unsolicited fax, prohibitions and penalty Commerce - Unsolicited fax, prohibitions and penalty Consumer Affairs - Unsolicited fax, prohibitions and penalty Courts, District - Unsolicited fax, prohibitions and penalty Courts, Circuit - Unsolicited fax, penalty provided for Trade Practices and Retailing - Unfair practices, prohibition on unsolicited fax

Amendment	House Floor Amendment 1
Sponsor	J. Higdon
Summary	Amend to establish restrictions on prerecorded political messages and establish penalty for violations.
Index Headings	Crimes and Punishments - Unsolicited fax, prohibitions and penalty Advertising - Unsolicited fax, prohibitions and penalty Attorney General - Unsolicited fax, prohibitions and penalty Commerce - Unsolicited fax, prohibitions and penalty Consumer Affairs - Unsolicited fax, prohibitions and penalty Courts, District - Unsolicited fax, prohibitions and penalty Courts, Circuit - Unsolicited fax, penalty provided for Trade Practices and Retailing - Unfair practices, prohibition on unsolicited fax

Amendment	House Floor Amendment 2
Sponsor	J. Higdon
Summary	Make title amendment.
Index Headings	Crimes and Punishments - Unsolicited fax, prohibitions and penalty Advertising - Unsolicited fax, prohibitions and penalty Attorney General - Unsolicited fax, prohibitions and penalty Commerce - Unsolicited fax, prohibitions and penalty Consumer Affairs - Unsolicited fax, prohibitions and penalty Courts, District - Unsolicited fax, prohibitions and penalty Courts, Circuit - Unsolicited fax, penalty provided for Trade Practices and Retailing - Unfair practices, prohibition on unsolicited fax

Amendment	House Floor Amendment 3
Sponsor	B. Farmer
Summary	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.
Index Headings	Crimes and Punishments - Unsolicited fax, prohibitions and penalty Advertising - Unsolicited fax, prohibitions and penalty Attorney General - Unsolicited fax, prohibitions and penalty Commerce - Unsolicited fax, prohibitions and penalty Consumer Affairs - Unsolicited fax, prohibitions and penalty Courts, District - Unsolicited fax, prohibitions and penalty Courts, Circuit - Unsolicited fax, penalty provided for Trade Practices and Retailing - Unfair practices, prohibition on unsolicited fax

Amendment	House Floor Amendment 4
Sponsor	J. Glenn
Summary	Make title amendment.
Index Headings	Crimes and Punishments - Unsolicited fax, prohibitions and penalty Advertising - Unsolicited fax, prohibitions and penalty Attorney General - Unsolicited fax, prohibitions and penalty Commerce - Unsolicited fax, prohibitions and penalty Consumer Affairs - Unsolicited fax, prohibitions and penalty Courts, District - Unsolicited fax, prohibitions and penalty Courts, Circuit - Unsolicited fax, penalty provided for Trade Practices and Retailing - Unfair practices, prohibition on unsolicited fax

Amendment	House Floor Amendment 5
Sponsor	J. Higdon
Summary	Amend KRS 367.46955 to include a prerecorded political message as an unsolicited telephone solicitation.
Index Headings	Crimes and Punishments - Unsolicited fax, prohibitions and penalty Advertising - Unsolicited fax, prohibitions and penalty Attorney General - Unsolicited fax, prohibitions and penalty Commerce - Unsolicited fax, prohibitions and penalty Consumer Affairs - Unsolicited fax, prohibitions and penalty Courts, District - Unsolicited fax, prohibitions and penalty Courts, Circuit - Unsolicited fax, penalty provided for Trade Practices and Retailing - Unfair practices, prohibition on unsolicited fax