HCS HB 640 -- UNSOLICITED COMMERCIAL ELECTRONIC MAIL

SPONSOR:  Rector (Pearce)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Utilities
by a vote of 13 to 0.

This substitute creates the crime of aggravated fraudulent
transmission of multiple commercial electronic mail messages, a
class C felony.  The Attorney General or any e-mail service
provider that is injured by a violation of the provisions of the
substitute may bring a civil action against an offender.  The
civil action must be commenced at any time within two years of
the transmission.  The court may impose a civil penalty against
the offender in an amount that is the lesser of $25,000 for each
day a violation occurs or not less than $2 but not more than $8
for each commercial e-mail message violation.  The substitute
also restricts the sale or transfer of an unsolicited commercial
e-mail recipient's e-mail address information to another person
or organization.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2006, FY 2007, and FY 2008.  No impact on Other
State Funds in FY 2006, FY 2007, and FY 2008.

PROPONENTS:  Supporters say that the bill will reduce unsolicited
electronic mail by imposing penalties on those who knowingly
mislead individuals about the content of the e-mails.  The bill
is aimed at deceptive behavior and not businesses who send out
mass quantities of legitimate e-mails.

Testifying for the bill were Representative Pearce; AOL; Office
of the Attorney General; Missouri Cable and Telephone
Association; and Microsoft.

OPPONENTS:  Those who oppose the bill say that in its current
form, it is unclear whether businesses with prior existing
relationships with firms sending their mass e-mails are included
within the provisions of the legislation.

Testifying against the bill was Missouri Chamber of Commerce and
Industry.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm