Legislature(2003 - 2004)
2003-05-20 House Journal
Full Journal pdf2003-05-20 House Journal Page 1989 HB 36 The following was read the second time: HOUSE BILL NO. 36 "An Act relating to electronic mail activities and making certain electronic mail activities unfair methods of competition or unfair or deceptive acts or practices under the Act enumerating unfair trade practices and consumer protections." with the: Journal Page L&C RPT CS(L&C) NT 6DP 506 FN1: ZERO(LAW) 507 2003-05-20 House Journal Page 1990 JUD RPT CS(L&C) NT 4DP 2NR 1231 FN1: ZERO(LAW) 1231 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 36(L&C) "An Act relating to unlawful electronic mail activities and making certain electronic mail activities unfair methods of competition or unfair or deceptive acts or practices under the state's unfair trade practices and consumer protection laws; and providing for an effective date." There being no objection, it was so ordered. **The presence of Representatives Kohring, Rokeberg and Kerttula was noted. Amendment No. 1 was not offered. Amendment No. 2 was offered by Representative Rokeberg: Page 2, line 20, following "addresses": Insert a new subsection to read: "(c) The business person shall maintain a list of the date and time of the receipt of the removal request and the date and time of the actual removal of the person's name from its electronic mail advertisement list and must produce, in writing other than electronic mail, at the request of the person the date and time that the person's name was removed from the electronic mail address list. The business person must honor the removal request within 24 hours receipt of such request." Page 3, line 23, following "Violations.": Insert "(a)" Page 3, following line 26: Insert a new subsection to read: "(b) In addition to the violation and remedy described in (a), a violation of AS 45.45.820(c) is a Class B misdemeanor." 2003-05-20 House Journal Page 1991 Representative Rokeberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Gara objected. Amendment No. 1 to Amendment No. 2 was offered by Representative Berkowitz: Under new subsection "(c)": Delete "24 hours" Insert "5 working days" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 to Amendment No. 2 be adopted. Representative Gara objected. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 1 to Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 2 was offered by Representative Gara: Under new subsection "(c)", following "The business person must": Insert "in good faith" Representative Gara moved and asked unanimous consent that Amendment No. 2 to Amendment No. 2 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 2 as amended was adopted. Amendment No. 3 was offered by Representative Rokeberg: Page 1, line 8, following "number": Insert ", facsimile number," 2003-05-20 House Journal Page 1992 Page 1, line 11, following "number": Insert "and facsimile number" Page 1. line 12, following "address": Insert "which is furnished through a local internet service provider and which account has a large capacity to receive messages" Page 2, line 4, following "number": Insert "and facsimile number" Page 2, line 5, following "address": Insert "which is furnished through a local internet service provider and which account has a large capacity to receive messages" Representative Rokeberg moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Gara objected. **The presence of Representative Moses was noted. Representative Rokeberg moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Amendment Nos. 4 and 5 were offered and withdrawn. Amendment No. 6 was offered by Representative Meyer: Page 1, line 11, following "establishes": Insert new paragraph "(1)" Page 1, line 11, following "person": Insert ";" Page 1, line 11, following "or": Insert new paragraph "(2)" Representative Meyer moved and asked unanimous consent that Amendment No. 6 be adopted. 2003-05-20 House Journal Page 1993 Objection was heard and withdrawn. There being no further objection, Amendment No. 6 was adopted. Amendment No. 7 was offered by Representative Meyer: Page 2, following line 10: Insert "Sec. 45.45.820. Information in Subject Line Required. A person who does business in this state may not send or cause to be sent in the course of the person's business an unsolicited electronic mail advertisement unless the subject line contains "ADV:" as the first four characters. Renumber the remaining bill sections accordingly. Representative Meyer moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. Representative Meyer moved and asked unanimous consent to withdraw Amendment No. 7. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 36(L&C) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 36(L&C) am will advance to third reading on tomorrow's calendar.