TURNER,ART. (HAWKINSON-TROTTER) New Act Creates the Right of Publicity Act with the short title as the only provision. STATE MANDATES FISCAL NOTE HB1422 fails to create a State mandate. HOUSE AMENDMENT NO. 1. Creates the Right of Publicity Act. Recognizes the right to control and to choose whether and how to use an individual's identity for commercial purposes. Provides that the right is transferable and divisible and provides for the enforcement, termination, and application of the right. Provides for the remedy of injunctive relief. Provides that a person who violates the Act is liable for the greater of either actual damages and profits derived from the violation or $1,000. Provides that after the effective date of the Act, the provisions supplant the publicity rights and remedies available under the common law. SENATE AMENDMENT NO. 2. Deletes everything. Restores the provisions of the engrossed bill. Provides that "identity" means any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener. Provides that the right is transferable and divisible and provides for the enforcement, termination, and application of the right. Provides that the right of transferability includes to any person by will or trust or by intestate succession to an individual's spouse, parents, children, and grandchildren and that the right terminates if the individual has not transferred the right in writing and has no living spouse, parents, children, or grandchildren. Provides for the remedy of injunctive relief. Provides that the Act does not apply to attempts to portray, describe, or impersonate the individual, provided that the performance, work, play, book, article, or film is not a commercial advertisement. Provides that a person who violates the Act is liable for the greater of either actual damages and profits derived from the violation or $1,000. Provides that after the effective date of the Act, the provisions supplant the publicity rights and remedies available under the common law. Provides that except for the common law right of publicity, the rights and remedies provided under this Act are supplemental to any other rights and remedies provided by law, including, but not limited to, the common law right of privacy. 97-03-05 H FIRST READING 97-03-05 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-03-06 H ASSIGNED TO COMMITTEE STATE GOV ADM 97-03-20 H DO PASS/SHORT DEBATE 013-000-000 HSGE 97-03-20 H PLACED CALENDAR 2ND READING-SHORT DEBATE 97-03-20 H FISCAL NOTE REQUESTED CLAYTON 97-03-20 H STATE MANDATES FISCAL NOTE REQUESTED CLAYTON 97-03-20 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-03-21 H AMENDMENT NO. 01-TURNER,ART 97-03-21 H AMENDMENT REFERRED TO HRUL 97-03-21 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-04-07 H STATE MANDATES FISCAL NOTE FILED 97-04-07 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-04-09 H AMENDMENT NO. 01-TURNER,ART 97-04-09 H RULES REFERS TO HSGE 97-04-09 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-04-10 H AMENDMENT NO. 01-TURNER,ART 97-04-10 H BE ADOPTED HSGE/011-000-000 97-04-10 H CALENDAR ORDER 2ND READING-SHORT DEBATE 97-04-12 H SECOND READING-SHORT DEBATE 97-04-12 H AMENDMENT NO. 01-TURNER,ART 97-04-12 H ADOPTED 97-04-12 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 97-04-14 H FISCAL NOTE REQUEST-WITHDRAWN CLAYTON 97-04-14 H CALENDAR ORDER 3RD READING-SHORT DEBATE 97-04-24 H THIRD READING/SHORT DEBATE/PASSED 117-000-000 97-04-25 S ARRIVE IN SENATE 97-04-25 S CHIEF SPONSOR TROTTER 97-04-25 S PLACED CALENDAR ORDER OF FIRST READING 97-04-25 S FIRST READING 97-04-25 S REFERRED TO SENATE RULES COMMITTEE RULES 97-04-28 S SPONSOR REMOVED TROTTER 97-04-28 S ALTERNATE CHIEF SPONSOR CHANGED TO HAWKINSON 97-04-28 S ADDED AS A CHIEF CO-SPONSOR TROTTER 97-05-31 S RULED EXEMPT UNDER SENATE RULE 3-9(B) SRUL 97-05-31 S RE-REFERRED TO COMMITTEE JUDICIARY 98-02-19 S DO PASS 007-000-000 SJUD 98-02-19 S PLACED ON CALENDAR ORDER OF 2ND READING 98-02-24 98-04-29 S SECOND READING 98-04-29 S PLACED ON CALENDAR ORDER OF 3RD READING 98-04-30 98-04-30 S FILED WITH SECRETARY 98-04-30 S AMENDMENT NO. 01-HAWKINSON 98-04-30 S AMENDMENT REFERRED TO SRUL 98-05-01 S FILED WITH SECRETARY 98-05-01 S AMENDMENT NO. 02-HAWKINSON 98-05-01 S AMENDMENT REFERRED TO SRUL 98-05-06 S AMENDMENT NO. 01-HAWKINSON 98-05-06 S RULES REFERS TO SJUD 98-05-06 S AMENDMENT NO. 02-HAWKINSON 98-05-06 S RULES REFERS TO SJUD 98-05-14 S AMENDMENT NO. 01-HAWKINSON 98-05-14 S POSTPONED SJUD 98-05-14 S AMENDMENT NO. 02-HAWKINSON 98-05-14 S BE ADOPTED SJUD/009-000-000 98-05-14 S RECALLED TO SECOND READING 98-05-14 S AMENDMENT NO. 02-HAWKINSON 98-05-14 S ADOPTED 98-05-14 S PLACED ON CALENDAR ORDER OF 3RD READING 98-05-14 S THIRD READING - PASSED 056-000-000 98-05-14 S TABLED PURSUANT TO RULE 5-4(A) SA 01 98-05-14 S THIRD READING - PASSED 056-000-000 98-05-14 H ARRIVE IN HOUSE 98-05-14 H PLACED ON CALENDAR ORDER OF CONCURRENCE 02 98-05-18 H MOTION FILED CONCUR 02/TURNER,ART 98-05-18 H MOTION REFERRED TO HRUL 98-05-18 H CALENDAR ORDER OF CONCURRENCE 02 98-05-19 H APPROVED FOR CONSIDERATION - COMPLIANCE 02/HRUL 98-05-19 H CALENDAR ORDER OF CONCURRENCE 02 98-05-21 H HSE CONCURS IN SEN AMENDMENTS (NO.) 02/115-000-000 98-05-21 H PASSED BOTH HOUSES 98-06-19 H SENT TO THE GOVERNOR 98-08-14 H GOVERNOR APPROVED 98-08-14 H EFFECTIVE DATE 99-01-01 98-08-14 H PUBLIC ACT.............................. 90-0747 END OF INQUIRY Full Text Bill Summary