H. B. 2537
(By Delegates Iaquinta and Hrutkay)
[Introduced January 23, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend article six-g, chapter forty-six-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six, relating to providing a criminal penalty for transmitting
bulk electronic mail messages which are unsolicited.
Be it enacted by the Legislature of West Virginia:
That article six-g, chapter forty-six-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six, to
read as follows:
ARTICLE 6G. ELECTRONIC MAIL PROTECTION ACT.
§46A-6G-6. Unsolicited electronic mail prohibited.
Notwithstanding any other provision of law to the contrary, no
person may initiate the transmission of an unsolicited electronic
mail message, or a bulk electronic mail message from a computer located in the state of West Virginia or to an electronic mail
address that the sender knows, or has reason to know, is held by a
West Virginia resident. Any person who violates the provisions of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined no less than three hundred dollar nor more
than six hundred dollars.
NOTE: The purpose of this bill is to
provide a criminal
penalty for transmitting bulk electronic mail messages which are
unsolicited.
This section is new; therefore, strike-throughs and
underscoring have been omitted.