Page:United States Statutes at Large Volume 113 Part 3.djvu/298

 113 STAT. 1816 PUBLIC LAW 106-168—DEC. 12, 1999 from any list maintained by that promoter for mailing skill contests or sweepstakes, if— "(1) a removal request is received by the promoter's notification system; and "(2) the promoter has a good faith belief that the request is from— "(A) the individual whose name and address is to be excluded; or "(B) another duly authorized person. "(g) PROHIBITION ON COMMERCIAL USE OF LISTS.— "(1) IN GENERAL.— "(A) PROHIBITION.— No person may provide any information (including the sale or rental of any name or address) derived from a list described in subparagraph (B) to another person for commercial use. "(B) LISTS. —^A list referred to under subparagraph (A) is any list of names and addresses (or other related information) compiled from individuals who exercise an election under subsection (d). "(2) CIVIL PENALTY.— Any person who violates paragraph (1) shall be assessed a civil penalty by the Postal Service not to exceed $2,000,000 per violation. "(h) CIVIL PENALTIES.— " (l)lNGENERAL.— Any promoter— "(A) who recklessly mails nonmailable matter in violation of subsection (b) shall be liable to the United States in an amount of $10,000 per violation for each mailing to an individual of nonmailable matter; or "(B) who fails to comply with the requirements of subsection (c)(2) shall be liable to the United States. "(2) ENFORCEMENT.— The Postal Service shall, in accordance with the same procedures as set forth in section 3012(b), provide for the assessment of civil penalties under this section.", (b) TECHNICAL AND CONFORMING AMENDMENTS.— The table of sections for chapter 30 of title 39, United States Code, is amended by adding after the item relating to section 3016 the following: "3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings.". 39 USC 3017 (c) EFFECTIVE DATE. — This section shall take effect 1 year after note. the date of the enactment of this Act. 39 USC 3001 SEC. 109. STATE LAW NOT PREEMPTED. (a) IN GENERAL.— Nothing in the provisions of this title (including the amendments made by this title) or in the regulations promulgated under such provisions shall be construed to preempt any provision of State or local law that imposes more restrictive requirements, regulations, damages, costs, or penalties. No determination by the Postal Service that any particular piece of mail or class of mail is in compliance with such provisions of this title shall be construed to preempt any provision of State or local law. (b) EFFECT ON STATE COURT PROCEEDINGS.—Nothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State or any specific civil or criminal statute of such State.

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