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H. B. No. 183 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Pillich, Foley, Letson, Chandler, Hagan, Winburn, Boyd, Murray, Skindell, Ujvagi, Harris, Luckie
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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.
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