Summary of Original Version

Repeal, reenact, and amend KRS 286.2-685 as a new section of Subtitle 3 of KRS Chapter 286 to make technical amendments; remove prohibition against use of financial institution names in certain marketing and solicitations; establish a civil penalty for violation of section; establish a new section of KRS Chapter 367 to prohibit the use of financial institution names in the marketing and solicitations of persons who are not financial institutions in certain circumstances; make violation of section an unfair, false, misleading, or deceptive trade practice in violation of KRS 367.170; authorize enforcement by the Attorney General and any trade organization representing one or more financial institution industries; establish remedies for violation of section; establish a new section of KRS Chapter 367 to regulate certain real estate service agreements; make recording of certain real estate service agreements a crime and provide penalties for violation of recording prohibition; make violation of section an unfair, false, misleading, or deceptive trade practice in violation of KRS 367.170; authorize enforcement of section by Attorney General; authorize Attorney General to promulgate administrative regulations; amend KRS 324.160 to establish that violation of section regulating real estate service contracts by real estate licensees is improper conduct; provide that the provisions of the Act are severable; RETROACTIVE, in part; EMERGENCY.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except amend the definition of "person"; provide attorney's fees and costs and a statutory penalty for a violation of Section 2 of this Act; direct that the Attorney General, any Commonwealth's attorney, or county attorney may enforce Class B misdemeanor penalty under Section 3 of this Act; make technical corrections.

Summary of Amendment: House Floor Amendment 1 -- M. Meredith

Summary Amend definition of "financial institution" in Section 2 of this Act; provide that a financial institution may provide consent to marketing material, solicitation, or advertising in written or electronic format; amend definition of "service provider" in Section 3 of this Act.

Summary of Amendment: Senate Committee Amendment 1 -- J. Carpenter

Summary Amend definition of "financial institution" to make a technical correction.

Statutes affected:
Introduced: 324.160
Acts Chapter 76: 324.160
House Committee Substitute 1: 324.160
Current/Final: 324.160
Current: 324.160