PRINTER'S NO. 3419

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2426 Session of 2004

        INTRODUCED BY REICHLEY, BAKER, LEH, SAYLOR, BALDWIN, BELFANTI,
           BROWNE, CAPPELLI, CAUSER, CORRIGAN, CRAHALLA, FLICK, FORCIER,
           GILLESPIE, GINGRICH, HARRIS, KILLION, LAUGHLIN, LEACH,
           MANDERINO, MARKOSEK, MARSICO, PALLONE, PAYNE, ROSS, RUBLEY,
           SAINATO, SOLOBAY, R. STEVENSON, SURRA, E. Z. TAYLOR, THOMAS,
           WASHINGTON, WEBER AND ZUG, MARCH 15, 2004

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 15, 2004

                                     AN ACT

     1  Amending the act of December 16, 2002 (P.L.1810, No.222),
     2     entitled "An act prohibiting certain facsimiles, commercial
     3     electronic transmissions and the use of text, graphic or
     4     image messaging systems of wireless telephone systems to
     5     transmit unsolicited commercial messages; imposing penalties;
     6     authorizing the blocking of commercial electronic mail by
     7     interactive computer service; and providing for the powers of
     8     the Attorney General," further prohibiting unsolicited or
     9     misleading commercial or electronic mail messages and
    10     facsimiles.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 3 of the act of December 16, 2002
    14  (P.L.1810, No.222), known as the Unsolicited Telecommunication
    15  Advertisement Act, is amended by adding a subsection to read:
    16  Section 3.  Prohibition of unsolicited or misleading commercial
    17                 electronic mail messages and faxes.
    18     * * *
    19     (c)  Telephone fax machines.--No person may fax or conspire
    20  with another person to fax a commercial electronic mail message

     1  to a telephone fax machine unless the person has been granted
     2  prior express invitation or permission to fax the commercial
     3  electronic mail message, as evidence by a signed, written
     4  statement that includes the telephone number for the telephone
     5  fax machine to which any commercial electronic mail message may
     6  be sent and clearly indicates the recipient's consent to receive
     7  the commercial electronic mail message from the person.
     8     Section 2.  This act shall take effect in 60 days.















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