H. B. 2124
(By Delegate Iaquinta)
[Introduced January 13, 2010; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §46A-6G-6, 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 the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §46A-6G-6, 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 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 $300 nor more than $600.
NOTE: The purpose of this bill is to provide a criminal
penalty for transmitting bulk electronic mail messages which are
unsolicited.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.