To amend sections 4931.75 and 4931.99 of the Revised Code 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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