âSECTION 1.   A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO READ AS FOLLOWS:

As used in Sections 1 to 7 of this Act:

(1)     "Alarm system" means electronic equipment and devices designed to act as a personal emergency response system;

(2)   "Personal emergency response system" means an alarm system that is:

(a)      Installed in the residence of a person;

(b)      Monitored by an alarm systems company;

(c)      Designed only to permit the person to signal the occurrence of a medical or personal emergency on the part of the person so that the alarm system provider may dispatch appropriate aid; and

(d)      Not part of a combination of alarm systems that includes a burglar alarm or fire alarm; and

(3)   "Personal emergency response system provider" means a person who sells, installs, services, monitors, or responds to a personal emergency response system, but shall not include:

(a)     A 911 center, public safety answering point, or communications center;

(b)     A public or private agency called by the 911 center, public safety answering point, or communications center to render aid or services to the customer who sent the alarm to the personal emergency response system provider; or

(c)      Any person on the customer's contact list.

âSECTION 2.   A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO READ AS FOLLOWS:

(1)     A person shall not act or perform the services of a personal emergency response system provider in violation of the provisions of Section 3 of this Act.

(2)     A person performing the services of a personal emergency response alarm provider shall not:

(a)      Fail or refuse to promptly make any notification provided by Section 3 of this Act;

(b)      Fail or refuse to provide the information specified by Section 3 of this Act;

(c)      Violate any contract provision required by Section 3 of this Act; or

(d)      Direct, permit, or authorize any employee or agent of the personal emergency response system provider to do any act forbidden or to fail to do any act required by this section or by Section 3 of this Act.

âSECTION 3.   A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO READ AS FOLLOWS:

(1)     A contract between a personal emergency response system provider and a customer shall provide that:

(a)      The first and primary contact for the dispatch of aid shall be an immediate communication from the personal emergency response system provider to a 911 center, public safety answering point , or communications center in the jurisdiction from which the alarm was received;

(b)      The information provided by the personal emergency response system provider to the 911 center, public safety answering point, or communications center shall identify the nature of the emergency, the type of help needed, the nature of any injury to the customer, the signs and symptoms that the customer provides to the provider, and such other information as provided by the customer by voice-to-voice communication with the emergency response system provider;

(c)      The personal emergency response system provider shall not delay calling the 911 center, public safety answering point, or communications center in order to obtain additional information beyond that necessary to identify the customer, the customer's location, and the basic nature of the emergency; however, the personal emergency response system provider may obtain additional information and relay it to the 911 center, public safety answering point, or communications center;

(d)      The personal emergency response system provider shall immediately notify the 911 center, public safety answering point, or communications center if the provider receives an alarm from a customer even if there is no ensuing oral communication from the customer, and the provider shall provide the name of the customer, the location from which the customer's alarm was received, and such other information as may be requested by the 911 center, public safety answering point, or communications center;

(e)      Following notification to the 911 center, public safety answering point, or communications center, the personal emergency response system provider shall notify the persons on the customer's calling list in accordance with the voice-to-voice request of the customer or, if no instructions are received from the customer, to the persons specified on the calling list in the order specified by prior written instructions of the customer; and

(f)      At least once every sixty (60) days, the personal emergency response system provider shall contact either the customer or persons on the customer's contact list to verify that the customer's contact list and numbers have not changed.

(2)     (a)     A customer may, in writing, waive the provisions of the contract requiring immediate notification of the 911 center, public safety answering point, or communications center in the event that the customer sends an alarm to the personal emergency response system provider and by voice-to-voice contact with the personal emergency response system provider specifies that the 911 center, public safety answering point, or communications center not be called first and that a person or persons specified on the calling list be called first in lieu of or in addition to the 911 center, public safety answering point, or communications center. When the provider is making voice-to-voice contact with the customer, the provider shall ascertain specifically whether or not the 911 center, public safety answering point, or communications center shall also be contacted.

(b)     A customer may not waive the contract provision requiring the personal emergency response system provider to notify the 911 center, public safety answering point, or communications center in the event that an alarm is received from the customer and no voice-to-voice communication ensues. The customer may in the contract direct that the persons on the calling list be notified of the situation after the provider has made successful contact with the 911 center, public safety answering point, or communications center.

âSECTION 4.   A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO READ AS FOLLOWS:

No city, county, urban county, charter county, unified local government, or consolidated local government may require a personal emergency response system provider to pay for any permit, franchise, or license from that unit of government, post a bond, or pay a tax to that unit of government, which is not required of other businesses doing business in that jurisdiction.

âSECTION 5.   A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO READ AS FOLLOWS:

The provisions of Sections 1 to 3 of this Act shall not apply to:

(1)     A unit of federal, state, local government, special district or an agency or instrumentality thereof;

(2)     A person engaged in the business of electronic monitoring of an individual as a condition of that individual's community supervision, parole, mandatory supervision, pretrial release, or release on bail relating to a judicial proceeding; or

(3)     A person not engaged in the business of personal emergency response alarm system provider as defined in Section 1 of this Act.

âSECTION 6.   A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO READ AS FOLLOWS:

(1)     The Attorney General and the county attorney shall have concurrent jurisdiction for the enforcement of the provisions of Sections 1 to 7 of this Act.

(2)     If an act by a personal emergency response alarm system provider violates any applicable provision of KRS Chapters 365 or 367, the Attorney General may take any action and seek any remedy provided in those chapters.

âSECTION 7.   A NEW SECTION OF KRS CHAPTER 438 IS CREATED TO READ AS FOLLOWS:

(1)     Any person who violates Sections 1 to 3 of this Act shall for a first offense be fined not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000);

(2)     Any person who violates Sections 1 to 3 of this Act shall for a second offense be fined not less than ten thousand dollars nor more than fifty thousand dollars ($50,000);

(3)     Any person who violates Sections 1 to 3 of this act for a third or subsequent offense shall be fined not less than fifty thousand dollars ($50,000) nor more than one hundred thousand dollars ($100,000) and, in addition, the court shall direct that the person not do business in Kentucky for a period of ten (10) years. Any person who does business in Kentucky after being ordered by a court not to do business in Kentucky shall be subject to the contempt powers of the court.

âSection 8.   Sections 1 to 7 of this Act shall be known and may be cited as the "Christine Talley Act."