Legislature(2003 - 2004)

02/21/2003 02:10 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 21, 2003                                                                                        
                           2:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Tom Anderson, Vice Chair                                                                                         
Representative John Coghill                                                                                                     
Representative Jim Holm                                                                                                         
Representative Les Gara                                                                                                         
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ralph Samuels                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:  DEPARTMENT OF LAW                                                                                                    
                                                                                                                                
     - HEARD [See the 1:05 p.m. minutes for this date]                                                                          
                                                                                                                                
OVERVIEW:  DEPARTMENT OF PUBLIC SAFETY                                                                                          
                                                                                                                                
     - HEARD [See the 1:05 p.m. minutes for this date]                                                                          
                                                                                                                                
HOUSE BILL NO. 23                                                                                                               
"An Act relating to court-ordered restitution and compensation                                                                  
following a criminal conviction."                                                                                               
                                                                                                                                
     - MOVED CSHB 23(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 59                                                                                                               
"An Act relating to the evaluation and cleanup of sites where                                                                   
certain controlled substances may have been manufactured or                                                                     
stored; and providing for an effective date."                                                                                   
                                                                                                                                
     - RESCINDED ACTION OF 2/19/03; MOVED NEW CSHB 59(JUD)                                                                      
       OUT OF COMMITTEE                                                                                                         
                                                                                                                                
HOUSE BILL NO. 82                                                                                                               
"An  Act   making  certain   activities  related   to  commercial                                                               
electronic  mail unlawful  as unfair  methods  of competition  or                                                               
unfair or deceptive  acts or practices under  the Act enumerating                                                               
unfair trade practices and consumer protections."                                                                               
                                                                                                                                
     - MOVED CSHB 82(L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 23                                                                                                                   
SHORT TITLE:RESTITUTION FOR CRIME VICTIMS                                                                                       
SPONSOR(S): REPRESENTATIVE(S)WEYHRAUCH                                                                                          
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/21/03     0037       (H)        PREFILE RELEASED (1/10/03)                                                                   
01/21/03     0037       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/21/03     0037       (H)        JUD                                                                                          
01/21/03     0037       (H)        REFERRED TO JUDICIARY                                                                        
02/14/03                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
02/14/03                (H)        Heard & Held                                                                                 
                                   MINUTE(JUD)                                                                                  
02/18/03     0231       (H)        COSPONSOR(S): GARA                                                                           
02/21/03                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
                                                                                                                                
BILL: HB 59                                                                                                                   
SHORT TITLE:CLEANUP OF ILLEGAL DRUG SITES                                                                                       
SPONSOR(S): REPRESENTATIVE(S)HOLM                                                                                               
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
01/21/03     0047       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
01/21/03     0047       (H)        JUD, FIN                                                                                     
02/19/03                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
02/19/03                (H)        Moved CSHB 59(JUD) Out of                                                                    
                                   Committee                                                                                    
                                   MINUTE(JUD)                                                                                  
02/21/03                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
                                                                                                                                
BILL: HB 82                                                                                                                   
SHORT TITLE:COMMERCIAL ELECTRONIC MAIL                                                                                          
SPONSOR(S): REPRESENTATIVE(S)MEYER                                                                                              
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/07/03     0148       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/07/03     0148       (H)        L&C, JUD                                                                                     
02/12/03     0203       (H)        COSPONSOR(S): ANDERSON,                                                                      
                                   DAHLSTROM,                                                                                   
02/12/03     0203       (H)        CRAWFORD, GUTTENBERG, LYNN                                                                   
02/12/03                (H)        L&C AT 3:15 PM CAPITOL 17                                                                    
02/12/03                (H)        Moved CSHB 82(L&C) Out of                                                                    
                                   Committee                                                                                    
                                   MINUTE(L&C)                                                                                  
02/14/03     0212       (H)        L&C RPT CS(L&C) NT 7DP                                                                       
02/14/03     0212       (H)        DP: LYNN, GATTO, CRAWFORD,                                                                   
                                   GUTTENBERG,                                                                                  
02/14/03     0212       (H)        DAHLSTROM, ROKEBERG, ANDERSON                                                                
02/14/03     0213       (H)        FN1: ZERO(LAW)                                                                               
02/21/03                (H)        JUD AT 1:00 PM CAPITOL 120                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
PAMELA LaBOLLE, President                                                                                                       
Alaska State Chamber of Commerce (ASCC)                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 23.                                                                             
                                                                                                                                
REPRESENTATIVE BRUCE WEYHRAUCH                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 23.                                                                                          
                                                                                                                                
REPRESENTATIVE KEVIN MEYER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 82.                                                                                          
                                                                                                                                
CLYDE (ED) SNIFFEN, JR., Assistant Attorney General                                                                             
Fair Business Practices Section                                                                                                 
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during discussion of                                                                
HB 82.                                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-11, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  LESIL   McGUIRE  called   the  House   Judiciary  Standing                                                             
Committee meeting  back to  order at  2:10 p.m.   Present  at the                                                               
call back to order were  Representatives McGuire, Anderson, Holm,                                                               
Coghill,  Gara,  and  Gruenberg.    [For  the  overviews  by  the                                                               
Department of  Law and the  Department of Public Safety,  see the                                                               
1:05 p.m. minutes for this date.]                                                                                               
                                                                                                                                
HB 23 - RESTITUTION FOR CRIME VICTIMS                                                                                         
                                                                                                                                
Number 0036                                                                                                                     
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
HOUSE BILL NO. 23, "An  Act relating to court-ordered restitution                                                               
and compensation  following a criminal conviction."   [Before the                                                               
committee was the  proposed committee substitute (CS)  for HB 23,                                                               
Version 23-LS0134\D, Ford,  1/29/03, which was adopted  as a work                                                               
draft on 2/14/03.]                                                                                                              
                                                                                                                                
Number 0070                                                                                                                     
                                                                                                                                
PAMELA  LaBOLLE,  President,  Alaska State  Chamber  of  Commerce                                                               
(ASCC), testified  in support of  HB 23.   She surmised  that all                                                               
chambers of  commerce are nonprofit organizations,  and that they                                                               
have to rely on volunteers to  help with all of their activities.                                                               
She  said that  speaking from  personal experience,  the task  of                                                               
rebuilding  a  set  of  books   in  order  to  find  evidence  of                                                               
embezzlement is very  costly and time consuming.   This task must                                                               
be  done,  however,  in  order   to  even  begin  prosecuting  an                                                               
embezzlement  case,  because  the  amount of  the  loss  must  be                                                               
determined  first.    She  relayed that  sometimes  the  cost  of                                                               
looking  for evidence  is more  than the  amount embezzled.   She                                                               
reiterated that the ASCC is in favor of HB 23.                                                                                  
                                                                                                                                
CHAIR McGUIRE closed the public hearing on HB 23.                                                                               
                                                                                                                                
Number 0305                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BRUCE  WEYHRAUCH,   Alaska  State   Legislature,                                                               
sponsor, relayed  that since the  last hearing  on HB 23,  he has                                                               
had  a chance  to work  with  committee members,  members of  the                                                               
public,  and   representatives  from  the  judicial   branch  and                                                               
executive branch in  creating some amendments.  He  noted that he                                                               
has reviewed those amendments and has no objection to them.                                                                     
                                                                                                                                
Number 0429                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ANDERSON  made a  motion  to  adopt Amendment  1,                                                               
which   read  [original   punctuation  provided   but  formatting                                                               
changed]:                                                                                                                       
                                                                                                                                
     Section 1. AS 12.55.045(a)                                                                                                 
                                                                                                                                
     Page 1, Line 10, after "of" insert                                                                                         
     identifiable and measurable                                                                                                
                                                                                                                                
     Page 2, Line 11, after "of" insert                                                                                         
     identifiable and measurable                                                                                                
                                                                                                                                
REPRESENTATIVE WEYHRAUCH indicated  that although he'd originally                                                               
provided the committee  with that amendment, he  no longer wished                                                               
to offer it.                                                                                                                    
                                                                                                                                
Number 0491                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON withdrew Amendment 1.                                                                                   
                                                                                                                                
Number 0581                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG,    after   seeking    and   receiving                                                               
verification that they were speaking to  Version D of HB 23, made                                                               
a  motion  to adopt  a  new  Amendment  1, which  read  [original                                                               
punctuation provided but formatting changed]:                                                                                   
                                                                                                                                
     Section 1.  AS 12.55.045(a)                                                                                                
                                                                                                                                
          1    Page 1, line 10, delete                                                                                          
               volunteer                                                                                                        
                                                                                                                                
          2    Page 1, line 10, after "value of" insert                                                                         
               voluntarily provided goods or                                                                                    
                                                                                                                                
CHAIR  McGUIRE asked  whether there  were any  objections to  new                                                               
Amendment 1.  There being no objection, Amendment 1 was adopted.                                                                
                                                                                                                                
Number 0599                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  2,                                                               
which   read  [original   punctuation  provided   but  formatting                                                               
changed]:                                                                                                                       
                                                                                                                                
     Section 1.  AS 12.55.045(a)                                                                                                
                                                                                                                                
          1    Page 1, line 10, after "victim" insert                                                                           
               if the victim is a nonprofit organization                                                                        
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Amendment 2.  There being no objection, Amendment 2 was adopted.                                                                
                                                                                                                                
Number 0608                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  3,                                                               
which   read  [original   punctuation  provided   but  formatting                                                               
changed]:                                                                                                                       
                                                                                                                                
     Section 1.  AS 12.55.045(a)                                                                                                
                                                                                                                                
          1    Page 1, line 10, after "incurred" insert                                                                         
               that was necessary                                                                                               
                                                                                                                                
          2    Page 2, line 11, after "incurred" insert                                                                         
               that was necessary                                                                                               
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Amendment 3.  There being no objection, Amendment 3 was adopted.                                                                
                                                                                                                                
Number 0661                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  made a  motion to  adopt Amendment  4, which                                                               
would, on page 1, line 10,  after "value of", insert the words "a                                                               
victim's, or  agent of a  victim's"   He opined that  Amendment 4                                                               
would  ensure, as  the  sponsor  intends, that  the  value of  an                                                               
organization's volunteer labor is compensated.                                                                                  
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Amendment 4.  There being no objection, Amendment 4 was adopted.                                                                
                                                                                                                                
Number 0697                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON  moved to  report the  proposed committee                                                               
substitute (CS)  for HB 23,  Version 23-LS0134\D,  Ford, 1/29/03,                                                               
as amended, out of committee  with individual recommendations and                                                               
the accompanying  fiscal note.   There  being no  objection, CSHB                                                               
23(JUD)   was  reported   from  the   House  Judiciary   Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
HB 59 - CLEANUP OF ILLEGAL DRUG SITES                                                                                         
                                                                                                                                
Number 0765                                                                                                                     
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
HOUSE  BILL  NO. 59,  "An  Act  relating  to the  evaluation  and                                                               
cleanup  of sites  where certain  controlled substances  may have                                                               
been  manufactured  or stored;  and  providing  for an  effective                                                               
date."    [In committee  packets  was  a new  proposed  committee                                                               
substitute  (CS)  for  HB 59,  Version  23-LS0341\H,  Lauterbach,                                                               
2/20/03.]                                                                                                                       
                                                                                                                                
CHAIR McGUIRE explained that in  drafting CSHB 59(JUD) [following                                                               
the hearing on 2/19/03], difficulties  arose in conforming one of                                                               
the amendments  offered by  Representative Gruenberg  to statute.                                                               
She relayed  that the new  CS in  members packets, along  with an                                                               
accompanying amendment, will correct that problem.                                                                              
                                                                                                                                
Number 0824                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON made a motion  to rescind the committee's                                                               
action on [2/19/03]  in reporting CSHB 59(JUD)  [the proposed CS,                                                               
Version 23-LS0341\D, Lauterbach, 2/18/03,  as amended on 2/19/03]                                                               
from committee.  There being no objection, it was so ordered.                                                                   
                                                                                                                                
Number 0855                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON  moved to adopt  the new proposed  CS for                                                               
HB  59, Version  23-LS0341\H,  Lauterbach, 2/20/03,  as the  work                                                               
draft.   There  being  no  objection, Version  H  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 2:25 p.m. to 2:26 p.m.                                                                       
                                                                                                                                
Number 0946                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG,  including as  part of his  motion that                                                               
he be  added as  a co-sponsor  of Amendment 1,  made a  motion to                                                               
adopt Amendment 1,  labeled [23-LS0341\H.1, Lauterbach, 2/21/03],                                                               
which contained handwritten changes and which originally read:                                                                  
                                                                                                                                
     Page 5, line 1:                                                                                                            
          Delete "specified in"                                                                                                 
         Insert "covered in regulations adopted under"                                                                          
                                                                                                                                
     Page 5, line 22, before "listed":                                                                                          
          Insert "specifically"                                                                                                 
                                                                                                                                
     Page 5, line 23, following "use.":                                                                                         
          Insert "The department shall also determine                                                                           
     whether  there  are  other substances  associated  with                                                                    
     illegal  drug  manufacturing  sites  that  may  pose  a                                                                    
     substantial  risk of  harm to  persons  who occupy  the                                                                    
     site or  to public  health and shall  adopt regulations                                                                    
     that set  limits for those substances  for the purposes                                                                    
     of determining  whether the  property for  which notice                                                                    
     was received under AS 46.03.500 is fit for use."                                                                           
                                                                                                                                
     Page 6, line 6, following "in":                                                                                            
          Insert "regulations adopted under"                                                                                    
                                                                                                                                
     Page 7, line 3:                                                                                                            
          Delete "AS 46.03.530"                                                                                                 
          Insert "the list of substances specifically named                                                                     
     in AS 46.03.530(a)"                                                                                                        
                                                                                                                                
     Page 7, line 5:                                                                                                            
          Following "of":                                                                                                       
          Insert "specific"                                                                                                     
          Delete "AS 46.03.530"                                                                                                 
          Insert "AS 46.03.530(a)"                                                                                              
                                                                                                                                
[The  handwritten  changes  in  Amendment  1  involved  replacing                                                               
"shall" with "may" in the  section of the amendment pertaining to                                                               
page 5, line 23.]                                                                                                               
                                                                                                                                
Number 0965                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE  asked  whether   there  were  any  objections  to                                                               
Amendment 1.  There being no objection, Amendment 1 was adopted.                                                                
                                                                                                                                
Number 969                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ANDERSON  moved  to report  Version  23-LS0341\H,                                                               
Lauterbach,   2/20/03,  as   amended,  out   of  committee   with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no objection, the  new CSHB 59(JUD) was reported from                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
HB 82 - COMMERCIAL ELECTRONIC MAIL                                                                                            
                                                                                                                                
[Contains brief mention of HB 56.]                                                                                              
                                                                                                                                
Number 0992                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  announced that the  final order of  business would                                                               
be HOUSE BILL  NO. 82, "An Act making  certain activities related                                                               
to  commercial  electronic mail  unlawful  as  unfair methods  of                                                               
competition or  unfair or deceptive  acts or practices  under the                                                               
Act   enumerating    unfair   trade   practices    and   consumer                                                               
protections."  [Before the committee was CSHB 82(L&C).]                                                                         
                                                                                                                                
Number 1024                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER,  Alaska State  Legislature, sponsor,                                                               
explained that the L&C version  differs from the original in that                                                               
it focuses  only on unsolicited  commercial electronic  mail that                                                               
contains explicit sexual material,  which, he opined, is probably                                                               
the most of annoying, offensive,  and harmful type of unsolicited                                                               
commercial  e-mail.    HB  82  does  not  prohibit  such  e-mail;                                                               
instead, it merely  requires that the subject line  of the e-mail                                                               
contain "ADV:ADLT".  He relayed  that this specific subject title                                                               
is currently required  by nine other states, and  posited that it                                                               
could  perhaps  become  a  standard title  for  all  states  that                                                               
institute such a requirement.                                                                                                   
                                                                                                                                
REPRESENTATIVE MEYER  mentioned that although others  refer to HB                                                               
82 as  a consumer protection bill,  he himself refers to  it as a                                                               
children's protection bill.   By requiring such a  title, it will                                                               
become easier for  parents to ensure that their  children are not                                                               
exposed to  sexually explicit material, either  by teaching their                                                               
children  not to  open e-mails  that  contain that  title, or  by                                                               
having their  computer systems automatically filter  such e-mails                                                               
out.   He  pointed  out  that the  standards  being proposed  for                                                               
unsolicited commercial  e-mail are no  higher than for  any other                                                               
method of  delivering sexually explicit material,  whether mailed                                                               
through  the  United States  Postal  Service,  or made  available                                                               
through stores.   He  made the suggestion  that if  enough states                                                               
address "this  issue," the federal  government will be  forced to                                                               
do so as well with regard to  what comes into the U.S. from other                                                               
countries.                                                                                                                      
                                                                                                                                
CHAIR McGUIRE closed the public hearing on HB 82.                                                                               
                                                                                                                                
REPRESENTATIVE COGHILL  asked how this  is policed, and  what the                                                               
penalties are for violating this proposed statute.                                                                              
                                                                                                                                
REPRESENTATIVE MEYER  relayed that the attorney  general's office                                                               
would oversee "the policing of  this," and so parents could bring                                                               
instances of  violations to  that office.   He mentioned  that it                                                               
would  be possible  to  track this  type of  e-mail  back to  its                                                               
source.   He  also noted  that an  individual could  take private                                                               
action to recover $500.                                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL  asked whether the  burden of proof  for a                                                               
private action would be different  from what would be required in                                                               
an action brought by the state.                                                                                                 
                                                                                                                                
Number 1377                                                                                                                     
                                                                                                                                
CLYDE  (ED)  SNIFFEN,  JR.,   Assistant  Attorney  General,  Fair                                                               
Business   Practices   Section,   Civil   Division   (Anchorage),                                                               
Department of Law  (DOL), said that the burden of  proof would be                                                               
the same, whether  for a private action or for  an action brought                                                               
by the attorney general.   With regard to penalties, he explained                                                               
that if  the attorney  general's office  pursues someone,  it has                                                               
authorization  to  seek  penalties  of up  to  $5,000  for  every                                                               
violation  of  the  statute,  and   every  transaction  would  be                                                               
considered  a separate  violation.   Thus, if  there were  100 e-                                                               
mails, for example, that could total  up to $500,000 if the court                                                               
so  determined.   If, on  the  other hand,  a private  individual                                                               
brings forth an action, he/she  could get [the greater of] either                                                               
$500 or  treble actual  damages.  He  surmised, however,  that it                                                               
could be  very difficult  to prove  that actual  damages occurred                                                               
from an e-mail,  unless a virus or something of  that nature were                                                               
attached.                                                                                                                       
                                                                                                                                
MR. SNIFFEN  also noted that  with regard to  consumer protection                                                               
issues,  private  litigants  could recover  full  attorney  fees.                                                               
This, however, is not true for  the state; if a similar action is                                                               
brought  by the  state,  it can  only recover  a  portion of  its                                                               
attorney  fees, as  stipulated by  [Civil Rule  82 of  the Alaska                                                               
Rules of Civil Procedure].   In response to further questions, he                                                               
indicated that  having that  stipulation changed  via legislation                                                               
would be helpful  to the department, both the  purpose of raising                                                               
revenue, and for the purpose of protecting consumers.                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG suggested  making such  a change  to HB                                                               
82.                                                                                                                             
                                                                                                                                
REPRESENTATIVE  MEYER stated  his preference  that such  a change                                                               
not be  included HB 82.   He  surmised that $5,000  per violation                                                               
would  be sufficient  to cover  most of  the state's  expenses in                                                               
such actions.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GARA relayed  that one of his bills  [HB 56] makes                                                               
just such  a statutory  change to  [Civil Rule  82 of  the Alaska                                                               
Rules of  Civil Procedure].   He  recommended that  the committee                                                               
simply  wait  for  that  bill,  which  will  allow  the  attorney                                                               
general's office  to recover its  full, reasonable  attorney fees                                                               
in consumer  protection cases.  He  then commended Representative                                                               
Meyer for his work on HB 82.                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON relayed that as  chair of the House Labor                                                               
and  Commerce Standing  Committee, he  did not  see any  problems                                                               
with HB 82.                                                                                                                     
                                                                                                                                
REPRESENTATIVE MEYER noted that Representative Gara also has "a                                                                 
very good bill" pending that will focus on other types of                                                                       
unsolicited commercial electronic mail.                                                                                         
                                                                                                                                
Number 1747                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  moved  to  report CSHB  82(L&C)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  notes.  There  being no objection, CSHB  82(L&C) was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1776                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:44 p.m.                                                                 

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