House Bill 247

Actions | Amendments
Last Action to Agriculture & Natural Resources (S)
Title AN ACT relating to unsolicited facsimile transmissions.
Bill Documents Bill
Bill Request Number 64
Sponsors J. Glenn, T. Riner, D. Horlander, D. Osborne
Summary of Original Version 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.
Index Headings of Original Version 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
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Votes Vote History

Actions

Top | Amendments
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)

Proposed Amendments

Top | Actions
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

Last updated: 1/16/2019 5:01 PM (EST)