Sec. 1. 10 MRSA c. 224 is enacted to read:

CHAPTER 224

ELECTRONIC MAIL SOLICITATION

§1497.__Electronic mail solicitation restricted

1.__Definitions.__As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A.__"E-mail" means electronic mail sent or delivered by transmission over the Internet.

B.__"E-mail service provider" means a business or organization qualified to do business in this State that provides individuals, corporations or other entities the ability to send or receive e-mail through equipment located in this State or that is an intermediary in sending or receiving e-mail.

C.__"Unsolicited commercial e-mail" means an e-mail, other than an e-mail sent at the request of the recipient, sent via an e-mail service provider to 2 or more recipients in this State with whom the sender does not have an existing business relationship for the purpose of:

(1) Offering real property, goods or services for sale or rent;

(2) Conveying information on real property, goods or services to solicit sales or purchase;

(3)__Conveying information on the extension of credit; or

(4)__Promoting or soliciting charitable contributions.

A."Unsolicited commercial e-mail" does not include an e-mail message to which an e-mail service provider has attached an advertisement if the e-mail serviB.ce provider has an agreement with the recipient under which the e-mail service provider allows the recipient free use of an e-mail account in exchange for allowing the e-mail service provider to send such advertisements.

2.__Requirements.__A person sending unsolicited commercial e-mail shall maintain a valid return e-mail address through which