Bill Text: OH HB183 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To abolish the criminal penalty for sending an unwanted facsimile advertisement to a business entity, and to establish that a person may recover one thousand dollars in a civil action for such a violation.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2009-05-19 - To Civil & Commercial Law [HB183 Detail]

Download: Ohio-2009-HB183-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 183

Representative Yuko 

Cosponsors: Representatives Pillich, Foley, Letson, Chandler, Hagan, Winburn, Boyd, Murray, Skindell, Ujvagi, Harris, Luckie 

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A BILL

To amend sections 4931.75 and 4931.99 of the Revised

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Code to abolish the criminal penalty for sending

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an unwanted facsimile advertisement to a business

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entity, and to establish that a person may recover

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one thousand dollars in a civil action for such a

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violation.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4931.75 and 4931.99 of the Revised	7
Code be amended to read as follows:	8

Sec. 4931.75.  (A) As used in this section:

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(1) "Advertisement" means aany message or material intended	10
to cause the sale of realty,promoting the availability or quality	11
of any goods, property, or services.	12

(2) "Facsimile device" means a device that electronically or	13
telephonically receives and copies onto paper reasonable	14
reproductions or facsimiles of documents and photographs through	15
connection with a telephone network.	16

(3) "Pre-existing business relationship" does not include	17
transmitting an advertisement to the owner's or lessee's facsimile	18
device.	19

(B)(1) No person shall transmit an advertisement to a	20
facsimile device located at the premises of a business	21
corporation, partnership, association, joint-stock company,	22
business trust, or other entity the premises of which are not	23
used as a residence, unless the person has received prior	24
permission from the owner or, if the device is leased, from the	25
lessee of the device to which the message is to be sent to	26
transmit the advertisement; or the person has a pre-existing	27
business relationship with such owner or lessee. Division (B)(1)	28
of this section does not apply to a person who transmits an	29
advertisement to a facsimile device located on residential	30
premises.	31

(2) No person shall transmit an advertisement to a facsimile	32
device located on residential premises unless the person has	33
received prior written permission from the owner or, if the device	34
is leased, from the lessee of the device to which the message is	35
to be sent to transmit the advertisement. In	36

(C) In addition to any other penalties or remedies, a	37
recipient of an advertisement transmitted in violation of division	38
(B)(1) or (2) of this section may bring a civil action against	39
the person who transmitted that advertisement or caused it to be	40
transmitted. In that action, if a court determines that a	41
violation has occurred, the recipient mayshall recover one	42
thousand dollars for each violation.	43

(C)(D) When requested by the owner or lessee, the	44
transmission shall occur between seven p.m. and five a.m.	45

This section applies to all such advertisements intended to	46
be so transmitted within this state.	47

Sec. 4931.99.  (A) Whoever violates division (D) of section	48
4931.49 of the Revised Code is guilty of a misdemeanor of the	49
fourth degree.	50

(B) Whoever violates section 4931.25, 4931.26, 4931.27,	51
4931.30, or 4931.31 of the Revised Code is guilty of a misdemeanor	52
of the third degree.	53

(C) Whoever violates section 4931.28 of the Revised Code is	54
guilty of a felony of the fourth degree.	55

(D) Whoever violates section 4931.29 or division (B) of	56
section 4931.35 of the Revised Code is guilty of a misdemeanor in	57
the first degree.	58

(E) Whoever violates division (E) or (F) of section 4931.49	59
or division (B)(2) of section 4931.66 of the Revised Code is	60
guilty of a misdemeanor of the fourth degree on a first offense	61
and a felony of the fifth degree on each subsequent offense.	62

(F) Whoever violates section 4931.75 of the Revised Code is	63
guilty of a minor misdemeanor for a first offense and a	64
misdemeanor of the first degree on each subsequent offense.	65

Section 2. That existing sections 4931.75 and 4931.99 of the	66
Revised Code are hereby repealed.	67