Kentucky 2022 Regular Session Status: Enacted

SB 272 — AN ACT relating to sound that is recorded or performed live.

Last action — signed by Governor (Acts Ch. 52)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 01, 2022. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Create new sections of KRS Chapter 367 to define terms; obligate a Web site or online service or owner and operator who disseminates a commercial recording or audiovisual work of a third party to disclose his or her personal information on that Web site or online service; create a civil cause of action; create civil penalties; create new sections of KRS Chapter 365 to prohibit a person from using a false, deceptive, or misleading affiliation when advertising or conducting a live musical performance in the Commonwealth; permit the Attorney General or county attorney to bring a civil cause of action and assess a civil penalty; create a private cause of action; cite as the Kentucky True Origin of Digital Goods and Truth in Musical Advertising Act.

Bill Text

What changed in the latest version

122 added · 167 removed

122 line(s) added, 167 removed.

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UNOFFICIAL COPY 22 RS SB 272/GA AN ACT relating to sound that is recorded or performed live.
CHAPTER 52 1 CHAPTER 52 ( SB 272 ) AN ACT relating to sound that is recorded or performed live.
(1) A person who owns or operates a Web site or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual work, directly or indirectly, and who electronically disseminates such recordings or audiovisual works to consumers in this state shall clearly and Page 1 of 6 SB027210.100 - 1039 - XXXX GA UNOFFICIAL COPY 22 RS SB 272/GA conspicuously disclose his or her true and correct name, physical address, telephone number, and e-mail address on his or her Web site or online service in a location readily accessible to a consumer using or visiting the Web site or online service.
(1) A person who owns or operates a Web site or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual work, directly or indirectly, and who electronically disseminates such recordings or audiovisual works to consumers in this state shall clearly and conspicuously disclose his or her true and correct name, physical address, telephone number, and e- mail address on his or her Web site or online service in a location readily accessible to a consumer using or visiting the Web site or online service.
Page 2 of 6 SB027210.100 - 1039 - XXXX GA UNOFFICIAL COPY 22 RS SB 272/GA (3) The prevailing party in a cause under subsection (1) of this section is entitled to recover necessary expenses and reasonable attorney's fees.
(3) The prevailing party in a cause under subsection (1) of this section is entitled to recover necessary expenses and reasonable attorney's fees.
SECTION 4.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY SECTION 4.
Page 3 of 6 SB027210.100 - 1039 - XXXX GA UNOFFICIAL COPY 22 RS SB 272/GA (3) All of the remedies, powers, and duties delegated to the Attorney General by KRS 367.190 to 367.300, and the penalties provided in KRS 367.990, relating to acts and practices violating KRS 367.170, shall apply with equal force and effect to acts and practices declared unlawful by Sections 1 to 5 of this Act.
(3) All of the remedies, powers, and duties delegated to the Attorney General by KRS 367.190 to 367.300, and the penalties provided in KRS 367.990, relating to acts and practices violating KRS 367.170, shall apply with equal force and effect to acts and practices declared unlawful by Sections 1 to 5 of this Act.
Page 4 of 6 SB027210.100 - 1039 - XXXX GA UNOFFICIAL COPY 22 RS SB 272/GA (1) A person shall not advertise or conduct a live musical performance or production in this Commonwealth through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.
(1) A person shall not advertise or conduct a live musical performance or production in this Commonwealth through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.
(b) At least one (1) member of the performing group was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without having abandoned the name or affiliation with the recording group;
CHAPTER 52 3 (b) At least one (1) member of the performing group was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without having abandoned the name or affiliation with the recording group;
(2) A person who violates Section 7 of this Act shall be assessed a civil penalty of not Page 5 of 6 SB027210.100 - 1039 - XXXX GA UNOFFICIAL COPY 22 RS SB 272/GA less than two thousand dollars ($2,000) or more than fifteen thousand dollars ($15,000) per violation.
(2) A person who violates Section 7 of this Act shall be assessed a civil penalty of not less than two thousand dollars ($2,000) or more than fifteen thousand dollars ($15,000) per violation.
Page 6 of 6 SB027210.100 - 1039 - XXXX GA
Signed by Governor March 30, 2022.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 52)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 95-0

  7. posted for passage in the Regular Orders of the Day for Wednesday, March 23, 2022

  8. 2nd reading, to Rules

  9. reported favorably, 1st reading, to Calendar

  10. to Small Business & Information Technology (H)

  11. to Committee on Committees (H)

  12. received in House

  13. 3rd reading, passed 33-0 with Committee Substitute (1)

  14. posted for passage in the Consent Orders of the Day for Thursday, March 10, 2022

  15. 2nd reading, to Rules as a consent bill

  16. reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)

  17. to Economic Development, Tourism, & Labor (S)

  18. to Committee on Committees (S)

  19. introduced in Senate

Sponsors

  • W. Westerfield · Primary
  • W. Schroder · Primary

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 136 not signed on

Sponsors (2)

  • W. Westerfield
  • W. Schroder

Co-sponsors (0)

None.

Not signed on (136)

136 members have not signed on to this bill.

Show all 136 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 95 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 50003
Unaffiliated 36002
Democrat 9000
Total 95005
% of votes cast 95%0%0%5%
How each member voted (100)
Member Party Vote
DuPlessis — Yea
Jenkins — Yea
Santoro — Yea
Fischer — Yea
Scott — Yea
Bechler — Yea
Bentley — Yea
Minter — Yea
Sheldon — Yea
Smith — Yea
Flood — Yea
Koenig — Yea
Nemes — Yea
Palumbo — Yea
Thomas — Yea
Graham — Yea
Pratt — Yea
Timoney — Yea
Prunty — Yea
Cantrell — Yea
Hatton — Yea
Massey — Yea
Raymond — Yea
Heath — Yea
Webber — Yea
Dixon — Yea
McCoy — Yea
Donohue — Yea
Westrom — Yea
Rowland — Yea
Wheatley — Yea
Meredith — Yea
Burch — Not Voting
Huff R — Not Voting
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 272 w/ scs1

Passed 33 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15003
Republican 16001
Democrat 2000
Total 33004
% of votes cast 89%0%0%11%
How each member voted (37)
Member Party Vote
Alvarado — Yea
Kerr — Yea
Turner — Yea
Schickel — Yea
McGarvey — Yea
Schroder — Yea
Meredith — Yea
Southworth — Yea
Westerfield — Yea
Nemes — Yea
Thayer — Yea
Parrett — Yea
Thomas — Yea
Yates — Yea
Embry — Not Voting
Hornback — Not Voting
Smith — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Not Voting
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 272 do?
Create new sections of KRS Chapter 367 to define terms; obligate a Web site or online service or owner and operator who disseminates a commercial recording or audiovisual work of a third party to disclose his or her personal information on that Web site or online service; create a civil cause of action; create civil penalties; create new sections of KRS Chapter 365 to prohibit a person from using a false, deceptive, or misleading affiliation when advertising or conducting a live musical performance in the Commonwealth; permit the Attorney General or county attorney to bring a civil cause of action and assess a civil penalty; create a private cause of action; cite as the Kentucky True Origin of Digital Goods and Truth in Musical Advertising Act.
Who sponsors SB 272?
SB 272 is sponsored by W. Westerfield and W. Schroder.
What is the current status of SB 272?
This bill has been enacted into law. Introduced March 01, 2022. Enacted.
Where can I track SB 272?
Track SB 272 free on One Click Politics — get push/email alerts when it moves.

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