HB437

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HB 437 (BR 1118) - J. Glenn, L. Clark, R. Henderson, T. Thompson

     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; permit Attorney General to enforce provisions; amend KRS 367.990 to impose a maximum penalty of $500 for each violation, except that the penalty for a willful violation shall be $2,000; amend KRS 367.46951 to conform.

HB 437 - AMENDMENTS


     HCS - Retain original provisions except add requirement that fax transmissions shall contain an opt-out procedure for recipient; provide a private cause of action for violation of prohibited fax provisions.

     HFA (1, J. Glenn) - Add provision to clarify that information sent by consumer to opt out of future requests cannot be used for any other purpose; provide a private cause of action in district court.

     Feb 13-introduced in House
     Feb 14-to Labor & Industry (H)
     Feb 15-posted in committee
     Feb 22-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 23-2nd reading, to Rules
     Feb 26-floor amendment (1) filed to Committee Substitute
     Feb 27-posted for passage in the Regular Orders of the Day for Wednesday, February 28, 2007
     Mar 1-3rd reading, passed 96-0 with Committee Substitute, floor amendment (1)
     Mar 2-received in Senate
     Mar 5-to Judiciary (S)

Vote History

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