House Bill 382

Actions | Amendments
Last Action signed by Governor (Acts ch. 69)
Title AN ACT relating to consumer protection.
Bill Documents Bill
Impact Statements Local Mandate
Bill Request Number 1599
Sponsors J. Gooch Jr., M. Nemes, B. Yonts
Summary of Original Version Create a new section of KRS Chapter 367 relating to consumer protection to prohibit business solicitation within 30 days following a motor vehicle accident, provide exceptions, and establish penalty; amend KRS 21A.310 to conform.
Index Headings of Original Version Local Mandate - Accidents, solicitation of business
Advertising - Accidents, solicitation of business
Attorneys - Accidents, solicitation of business
Consumer Affairs - Accidents, solicitation of business
Corporations - Business solicitation
Crime Victims - Business solicitation
Crimes and Punishments - Business solicitation, accidents
Emergency Medical Services - Accidents, solicitation of business
Motor Vehicles - Accidents, solicitation of business
Occupations and Professions - Business solicitation, accidents
Peace Officers and Law Enforcement - Accidents, solicitation of business
Small Business - Accidents, solicitation of business
Proposed Amendments House Floor Amendment 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Senate Floor Amendment 5
Votes Vote History

Actions

Top | Amendments
02/08/11
  • introduced in House
02/09/11
  • to Banking & Insurance (H)
02/10/11
  • posted in committee
02/16/11
  • reported favorably, 1st reading, to Consent Calendar
02/17/11
  • 2nd reading, to Rules
  • posted for passage in the Consent Orders of the Day for Friday, February 18, 2011
  • floor amendment (1) filed
02/18/11
  • taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
02/22/11
  • 3rd reading
  • floor amendment (1) defeated
  • passed 95-1
02/23/11
  • received in Senate
02/25/11
  • to Licensing, Occupations, & Administrative Regulations (S)
02/28/11
  • taken from Licensing, Occupations, & Administrative Regulations (S)
  • 1st reading
  • returned to Licensing, Occupations, & Administrative Regulations (S)
03/01/11
  • reported favorably, 2nd reading, to Rules as a Consent Bill
  • floor amendments (1) (2) (3) (4) and (5) filed
03/02/11
  • posted for passage in the Regular Orders of the Day for Wednesday, March 2, 2011
  • 3rd reading
  • floor amendments (2) (3) and (4) withdrawn
  • passed 36-0 with floor amendments (1) and (5)
03/03/11
  • received in House
03/04/11
  • posted for passage for concurrence in Senate floor amendments (1) and (5)
  • House concurred in Senate floor amendments (1) and (5)
  • passed 95-0
  • enrolled, signed by each presiding officer
  • delivered to Governor
03/16/11
  • signed by Governor (Acts ch. 69)

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
Sponsor B. Yonts
Summary Amend to provide that communications made to settle a case or to advise a victim not to retain an attorney are prohibited under the bill.
Index Headings Local Mandate - Accidents, solicitation of business
Advertising - Accidents, solicitation of business
Attorneys - Accidents, solicitation of business
Consumer Affairs - Accidents, solicitation of business
Corporations - Business solicitation
Crime Victims - Business solicitation
Crimes and Punishments - Business solicitation, accidents
Emergency Medical Services - Accidents, solicitation of business
Motor Vehicles - Accidents, solicitation of business
Occupations and Professions - Business solicitation, accidents
Peace Officers and Law Enforcement - Accidents, solicitation of business
Small Business - Accidents, solicitation of business

Amendment Senate Floor Amendment 1
Sponsor T. Buford
Summary Limit penalty to a $1,000 fine rather than classifying as a Class A misdemeanor.
Index Headings Local Mandate - Accidents, solicitation of business
Advertising - Accidents, solicitation of business
Attorneys - Accidents, solicitation of business
Consumer Affairs - Accidents, solicitation of business
Corporations - Business solicitation
Crime Victims - Business solicitation
Crimes and Punishments - Business solicitation, accidents
Emergency Medical Services - Accidents, solicitation of business
Motor Vehicles - Accidents, solicitation of business
Occupations and Professions - Business solicitation, accidents
Peace Officers and Law Enforcement - Accidents, solicitation of business
Small Business - Accidents, solicitation of business

Amendment Senate Floor Amendment 2
Sponsor T. Buford
Summary Create a new section of KRS 199.892 to 199.896 to require a child-care center to have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation; require the plan to be updated annually; require the plan to be provided to local emergency officials and parents; EFFECTIVE December 31, 2011.
Index Headings Local Mandate - Accidents, solicitation of business
Advertising - Accidents, solicitation of business
Attorneys - Accidents, solicitation of business
Consumer Affairs - Accidents, solicitation of business
Corporations - Business solicitation
Crime Victims - Business solicitation
Crimes and Punishments - Business solicitation, accidents
Emergency Medical Services - Accidents, solicitation of business
Motor Vehicles - Accidents, solicitation of business
Occupations and Professions - Business solicitation, accidents
Peace Officers and Law Enforcement - Accidents, solicitation of business
Small Business - Accidents, solicitation of business

Amendment Senate Floor Amendment 3
Sponsor J. Higdon
Summary Retain original provisions; prohibit solicitation for settlement of personal injury claims relating to a motor vehicle accident; stipulate that "solicit" shall not include communications for the purpose of adjusting or settling property damage claims as a result of a motor vehicle accident.
Index Headings Local Mandate - Accidents, solicitation of business
Advertising - Accidents, solicitation of business
Attorneys - Accidents, solicitation of business
Consumer Affairs - Accidents, solicitation of business
Corporations - Business solicitation
Crime Victims - Business solicitation
Crimes and Punishments - Business solicitation, accidents
Emergency Medical Services - Accidents, solicitation of business
Motor Vehicles - Accidents, solicitation of business
Occupations and Professions - Business solicitation, accidents
Peace Officers and Law Enforcement - Accidents, solicitation of business
Small Business - Accidents, solicitation of business

Amendment Senate Floor Amendment 4
Sponsor J. Higdon
Summary Delete original provisions; require the Legislative Research Commission to direct staff to study existing statutory prohibitions on the solicitation of accident victims and potential abuses by insurance companies, health care providers, and other licensed professionals when victims are solicited within 30 days after a motor vehicle accident; require that report due no later than December 1, 2011.
Index Headings Local Mandate - Accidents, solicitation of business
Advertising - Accidents, solicitation of business
Attorneys - Accidents, solicitation of business
Consumer Affairs - Accidents, solicitation of business
Corporations - Business solicitation
Crime Victims - Business solicitation
Crimes and Punishments - Business solicitation, accidents
Emergency Medical Services - Accidents, solicitation of business
Motor Vehicles - Accidents, solicitation of business
Occupations and Professions - Business solicitation, accidents
Peace Officers and Law Enforcement - Accidents, solicitation of business
Small Business - Accidents, solicitation of business

Amendment Senate Floor Amendment 5
Sponsor T. Buford
Summary Amend definition of solicit; create a new section of KRS 199.892 to 199.896 to require a child-care center to have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation; require the plan to be updated annually; require the plan to be provided to local emergency officials and parents; EFFECTIVE December 31, 2011.
Index Headings Local Mandate - Accidents, solicitation of business
Advertising - Accidents, solicitation of business
Attorneys - Accidents, solicitation of business
Consumer Affairs - Accidents, solicitation of business
Corporations - Business solicitation
Crime Victims - Business solicitation
Crimes and Punishments - Business solicitation, accidents
Emergency Medical Services - Accidents, solicitation of business
Motor Vehicles - Accidents, solicitation of business
Occupations and Professions - Business solicitation, accidents
Peace Officers and Law Enforcement - Accidents, solicitation of business
Small Business - Accidents, solicitation of business

Last updated: 1/16/2019 3:43 PM (EST)