THE STATE OF NEW HAMPSHIRE
SECOND YEAR OF THE 155TH SESSION OF THE GENERAL COURT
1998 SESSION

HOUSE BILL 1633

Sponsored by Rep. MacGillivray
Prefiled December 29, 1997
Referred to House Committee on Commerce, December 29, 1997
Introduced January 7, 1998
Referred to House Committee on Commerce, January 7, 1998
Report by committee (February 20, 1998):  "Inexpedient to legislate"
Failed to pass House March 5, 1998

      AN ACT restricting unsolicited commercial electronic mail.

      Be it Enacted by the Senate and House of Representatives in General Court convened:

      1  New Chapter; Unsolicited Electronic Mail. Amend RSA by inserting after chapter 359-F the following new chapter:

CHAPTER 359-G
Unsolicited Electronic Mail

      359-G:1  Registration.  An Internet service provider, or any other person facilitating the delivery of electronic mail, may register with the consumer protection and antitrust bureau of the department of justice as a restricted solicitation electronic mail provider. The registration shall contain the name of the provider and the preferred method of contacting the provider for additional information pursuant to this chapter. The bureau shall compile a list of all restricted solicitation electronic mail providers and make the list, which shall include the preferred method of contacting each provider, available to any person upon request.

      359-G:2  Effect of Registration.  It shall be presumed that any address served by a restricted solicitation electronic mail provider does not wish to receive unsolicited commercial electronic mail. By registering, the provider agrees to make available to any person, through its preferred method of contact, a description of how to identify addresses served by the provider and any addresses served by the provider that wish to receive unsolicited commercial electronic mail.

      359-G:3  Unsolicited Commercial Electronic Mail Prohibited.  No person shall send unsolicited commercial electronic mail to an electronic mail address served by a restricted solicitation electronic mail provider unless the address has been designated by the provider as wishing to receive unsolicited commercial electronic mail. 'Unsolicited commercial electronic mail' includes any material requesting donations or advertising the availability or quality of any property, goods, or services which is transmitted without the recipient's prior express invitation or permission. For purposes of this section, a donation to a charitable organization shall be presumed to constitute permission to that organization for 18 months from the date of the donation.

      359-G:4  Penalty.  The eleventh and any subsequent transmission of electronic mail prohibited by RSA 359-G:3 in any calendar year shall be a violation punishable by a fine of up to $100 for each offense, up to a maximum of $10,000.

      2  Effective Date.  This act shall take effect January 1, 1999.