H. B. 2142

          (By Delegate Iaquinta)
          [Introduced February 13, 2013; 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 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.

     This section is new; therefore, it has been completely underscored.