H. B. 2077

         (By Delegate Iaquinta)

         [Introduced January 11, 2012

; 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.

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