BILL NUMBER: SB 1383	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2002

INTRODUCED BY   Senator Bowen

                        FEBRUARY 12, 2002

   An act to add Section 17538.35 to the Business and Professions
Code, relating to electronic mail.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1383, as amended, Bowen.  Electronic mail: service providers.
   Existing law regulates the sending of unsolicited electronic mail
advertisements.
   This bill would require an electronic mail service provider to
give a customer notice  of termination  at least 30
days prior to  involuntarily  terminating service, unless
the  termination is the result of customer nonpayment or the
result of a voluntary disconnection by the customer  
provider determines that the customer has violated the terms of his
or her contract with the provider  .  The bill would authorize a
customer to bring an action in  small claims court 
 any court of competent jurisdiction  against an electronic
mail service provider that violates these provisions for either
actual damages or liquidated damages of $50.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17538.35 is added to the Business and
Professions Code, to read:  
   17538.35.  (a) A provider of electronic mail service shall provide
a customer with notice of termination at least 30 days prior to
terminating service.
   (b) The requirement of subdivision (a) does not apply in either of
the following circumstances:
   (1) Service termination is the result of customer nonpayment for
service.
   (2) The disconnection of service is voluntary on the part of the
customer.
   (c)  
   17538.35.  (a) Any provider of electronic mail service shall
provide a customer with notice at least 30 days before involuntarily
terminating the customer's service, unless the provider determines
that the customer has violated the terms of his or her contract with
the provider.
   (b)  A customer may bring an action in  small claims
court   any court of competent jurisdiction 
against the provider of electronic mail service for a violation of
subdivision (a) and may seek either actual damages, or liquidated
damages in the amount of fifty dollars ($50).  The provisions of this
section shall be in addition to any other remedies or penalties
available at law.