[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5469 Received in Senate (RDS)]
<DOC>
107th CONGRESS
2d Session
H. R. 5469
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October8, 2002
Received
_______________________________________________________________________
AN ACT
To amend title 17, United States Code, with respect to the statutory
license for webcasting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Small Webcaster Amendments Act of
2002''.
SEC. 2. EPHEMERAL ROYALTY RATES FOR ELIGIBLE SMALL WEBCASTERS.
Section 112(e) of title 17, United States Code, is amended--
(1) in paragraph (4), by inserting immediately before the
period at the end of the first sentence the following: ``,
except that the royalty payable under this section for any
reproduction of a phonorecord made during the period beginning
on October 28, 1998, and ending on December 31, 2004, and used
solely by an eligible small webcaster to facilitate
transmissions for which it pays royalties as and when provided
in section 114(f)(2)(D) shall be deemed to be included within
such royalty payments''; and
(2) in paragraph (6), by adding at the end the following:
``Notwithstanding the preceding provisions of this paragraph,
the royalty payable under this section for any reproduction of
a phonorecord made during the period beginning on October 28,
1998, and ending on December 31, 2004, and used solely by an
eligible small webcaster to facilitate transmissions for which
it pays royalties as and when provided in section 114(f)(2)(D)
shall be deemed to be included within such royalty payments.''
SEC. 3. ROYALTY RATES AND NOTICE AND RECORDKEEPING FOR ELIGIBLE SMALL
WEBCASTERS.I20 (A) PROVISION FOR CERTAIN RATES.--
SECTION 114(F)(2) OF TITLE 17, UNITED STATES CODE, IS
AMENDED--
(1) in subparagraph (B), by inserting immediately before
the period at the end of the first sentence the following: ``,
except that the royalty rates for certain public performances
of sound recordings shall be as provided in subparagraph (D)'';
and
(2) in subparagraph (C), by adding after clause (iii) the
following:
``(iv) Notwithstanding the preceding provisions of this
subparagraph, the royalty rates and terms for certain public
performances of sound recordings by certain entities shall be
as provided in subparagraph (D).''.
(b) Rates for Eligible Small Webcasters.--Section 114(f)(2) of
title 17, United States Code, is amended by adding after subparagraph
(C) the following:
``(D)(i) Subject to clause (iii) and paragraph (3), but
notwithstanding any other provision of this paragraph, an
eligible small webcaster may, as provided in clause (ii)(VII),
for the period beginning on October 28, 1998, and ending on
December 31, 2002, or one or both of calendar years 2003 and
2004, elect the royalty rates specified in this clause in lieu
of any other applicable royalty rates:
``(I) For eligible nonsubscription transmissions
made by an eligible small webcaster during the period
beginning on October 28, 1998, and ending on December
31, 2002, the royalty rate shall be 8 percent of the
webcaster's gross revenues during such period, or 5
percent of the webcaster's expenses during such period,
whichever is greater, except that an eligible small
webcaster that is a natural person shall exclude from
expenses those expenses not incurred in connection with
the operation of a service that makes eligible
nonsubscription transmissions, and an eligible small
webcaster that is a natural person shall exclude from
gross revenues his or her income during such period,
other than income derived from--
``(aa) a media or entertainment related
business that provides audio or other
entertainment programming, or
``(bb) a business that primarily operates
an Internet or wireless service,
that is in either case directly or indirectly
controlled by such natural person, or of which such
natural person beneficially owns 5 percent or more of
the outstanding voting or non-voting stock.
``(II) For eligible nonsubscription transmissions
made by an eligible small webcaster during 2003 or
2004, the royalty rate shall be 10 percent of the
eligible small webcaster's first $250,000 in gross
revenues and 12 percent of any gross revenues in excess
of $250,000 during the applicable year, or 7 percent of
the webcaster's expenses during the applicable year,
whichever is greater.
``(ii) Notwithstanding paragraph (4)(C), payment of the
amounts specified in clause (i) shall be made as follows:
``(I) Except as provided in clause (iii)(I) and
(IV), the amounts specified in clause (i)(I) for
eligible nonsubscription transmissions made by an
eligible small webcaster during the period beginning on
October 28, 1998, and ending on September 30, 2002,
shall be paid in three equal installments, with the
first due by November 30, 2002, the second due by May
31, 2003, and the third due by October 31, 2003.
``(II) The amounts specified in clause (i) for
eligible nonsubscription transmissions made by an
eligible small webcaster during October 2002 or any
month thereafter shall be paid on or before the
twentieth day of the month next succeeding such month.
``(III) If the gross revenues, plus the third party
participation revenues and revenues from the operation
of new subscription services, of a transmitting entity
and its affiliates have not exceeded $1,250,000 in any
year, and the transmitting entity expects to be an
eligible small webcaster in 2003 or 2004, the
transmitting entity may make payments for 2003 or 2004,
as the case may be, on the assumption that it will be
an eligible small webcaster for that year for so long
as that assumption is reasonable.
``(IV) In making payments under clause (i)(II), the
webcaster shall, at the time a payment is due,
calculate its gross revenues and expenses for the year
through the end of the applicable month, and for the
applicable month pay the applicable percentage of gross
revenues or expenses, as the case may be, for the year
through the end of the applicable month, less any
amounts previously paid for such year.
``(V) If a transmitting entity has made payments
under clause (i)(II) for 2003 or 2004 based on the
assumption that it will qualify as an eligible small
webcaster, as provided in subclause (IV), but the
actual gross revenues in 2003, or the actual gross
revenues, third party participation revenues, and
revenues from the operation of new subscription
services in 2004, of the eligible small webcaster and
its affiliates, exceed the maximum amounts provided in
clause (vi)(II), then the transmitting entity shall
immediately commence to pay monthly royalties based on
the royalty rates otherwise applicable under this
subsection, and on the third payment date after the
month in which such maximum amounts are exceeded, it
shall pay an amount of royalties based on such
otherwise applicable rates for the whole year through
the end of the immediately preceding month, less any
amounts previously paid under clause (i) for such year.
``(VI) Payments of all amounts specified in clause
(i) shall be made to the entity designated by the
Copyright Office to receive royalty payments under this
section and shall under no circumstances be refundable,
but if an eligible small webcaster makes overpayments
during a year, it shall be entitled to a credit in the
amount of its overpayment, and such credit shall be
applicable to its payments in subsequent years.I24
``(VII) An eligible small webcaster that wishes to
elect the royalty rates specified in clause (i) in lieu
of any other royalty rates that otherwise might apply
under this subsection for the period beginning on
October 28, 1998, and ending on December 31, 2002, or
one or both of calendar years 2003 and 2004, shall file
an election with the Copyright Office and serve it on
each entity designated by the Copyright Office to
distribute royalty payments under this section to
copyright owners and performers entitled to receive
royalties under subsection (d)(2) by no later than the
first date on which the webcaster is obligated under
this clause to make a royalty payment for such period.
An eligible small webcaster that fails to make a timely
election shall pay royalties as otherwise provided
under this section. As a condition of such election, an
eligible small webcaster shall--
``(aa) make available to the entity
designated to receive royalties under this
section, on request at any time during the 3
years following the applicable period,
sufficient evidence to support its eligibility
as an eligible small webcaster; and
``(bb) provide to such entity, by not later
than January 31 of the year following the
applicable period, an accounting of its third
party participation revenues.
The entity designated to receive royalties under this
section may share with individual copyright owners the
accounting provided by an eligible small webcaster
under division (bb) if such entity does so in such a
way that the eligible small webcaster cannot readily be
identified.
``(iii) Notwithstanding clause (i), eligible small
webcasters that elect the royalty rates specified in clause (i)
shall pay a minimum fee for the periods specified in this
clause, as follows:
``(I) For eligible nonsubscription transmissions
made by an eligible small webcaster during the period
beginning on October 28, 1998, and ending on December
31, 1998, the minimum fee for the year shall be $500.
``(II) For eligible nonsubscription transmissions
made by an eligible small webcaster in any part of
calendar years 1999 through 2002, the minimum fee for
each year in which such transmissions are made shall be
$2,000.
``(III) For eligible nonsubscription transmissions
made by an eligible small webcaster in any part of
calendar years 2003 and 2004, the minimum fee for each
year in which such transmissions are made shall be
$2,000 if the eligible small webcaster had gross
revenues during the immediately preceding year of not
more than $50,000 and expects to have gross revenues
during the applicable year of not more than $50,000.
``(IV) For eligible nonsubscription transmissions
made by an eligible small webcaster in any part of
calendar years 2003 and 2004, the minimum fee for each
year in which such transmissions are made shall be
$5,000 if the eligible small webcaster had gross
revenues during the immediately preceding year of more
than $50,000 or expects to have gross revenues during
the applicable year of more than $50,000.
``(V) The minimum fees specified in subclauses (I)
and (II) shall be paid within 30 days after the date of
the enactment of the Small Webcaster Amendments Act of
2002, except in the case of an eligible small webcaster
with gross revenues during the period beginning on
October 28, 1998, and ending on December 31, 2002, of
not more than $100,000, which may pay such minimum fees
in three equal installments at the times specified in
clause (ii)(I). The minimum fees specified in
subclauses (III) and (IV) shall be paid in two equal
installments, with the first due by January 31 of the
applicable year and the second due by June 30 of the
applicable year.
``(VI) Payments of all amounts specified in this
clause shall be made to the entity designated by the
Copyright Office to receive royalty payments under this
section and shall under no circumstances be refundable.
``(VII) All amounts paid under this clause shall be
fully creditable toward amounts due under clauses (i)
and (ii) for the same year.
``(iv) Subject to paragraph (3), but notwithstanding any
other provision of this paragraph, a noncommercial, non-FCC
webcaster may, for the period beginning on October 28, 1998,
and ending on December 31, 2002, or one or both of calendar
years 2003 and 2004, elect the royalty rates specified in this
clause in lieu of any other royalty rates that otherwise might
apply under this section. The royalty rate shall be .02 cents
per performance. For the purpose of this clause, the term
`performance' has the meaning given that term in section 261.2
of title 37, Code of Federal Regulations, as published in the
Federal Register on July 8, 2002. Such royalties shall be
payable at the times specified in clause (ii)(I) and (II).
Noncommercial, non-FCC webcasters shall pay a minimum fee, for
any part of calendar years 1998 through 2004, of $500 for each
year in which such performances are made. Such minimum fee
shall be fully creditable toward royalties due for the same
year. For performances made during the period beginning on
October 28, 1998, and ending on December 31, 2002, such minimum
fee shall be paid within 30 days after the date of the
enactment of the Small Webcaster Amendments Act of 2002. The
minimum fee for a subsequent year shall be paid by January 31
of that year. All payments specified in this clause shall be
made to the entity designated by the Copyright Office to
receive royalty payments under this section and shall under no
circumstances be refundable.I22 ``(v) Any otherwise
applicable terms determined in accordance with this paragraph
and applicable to payments under this paragraph shall apply to
payments under this subparagraph except to the extent
inconsistent with this subparagraph.
``(vi) The rates and terms set forth in this subparagraph
shall not constitute evidence of rates and terms that would
have been negotiated in the marketplace between a willing buyer
and a willing seller or that meet the objectives set forth in
section 801(b)(1).
``(E) As used in subparagraph (D), the following terms have
the following meanings:
``(i) An `affiliate' of a transmitting entity is a
person or entity that directly, or indirectly through
one or more intermediaries --
``(I) has securities or other ownership
interests representing more than 50 percent of
such person's or entity's voting interests
beneficially owned by--
``(aa) such transmitting entity; or
``(bb) a person or entity
beneficially owning securities or other
ownership interests representing more
than 50 percent of the voting interests
of the transmitting entity;
``(II) beneficially owns securities or
other ownership interests representing more
than 50 percent of the voting interests of the
transmitting entity; or
``(III) otherwise controls, is controlled
by, or is under common control with the
transmitting entity.
``(ii) A `beneficial owner' of a security or other
ownership interest is any person or entity who,
directly or indirectly, through any contract,
arrangement, understanding, relationship, or otherwise,
has or shares voting power with respect to such
security or other ownership interest.
``(iii) The term `control' means the possession,
direct or indirect, of the power to direct or cause the
direction of the management and policies of a person or
entity, whether through the ownership of voting
securities, by contract or otherwise.
``(iv)(I) Subject to subclause (II), an `eligible
small webcaster' is a webcaster (as defined in section
261.2 of title 37, Code of Federal Regulations, as
published in the Federal Register on July 8, 2002)
that--
``(aa) for the period beginning on October
28, 1998, and ending on December 31, 2002, has
gross revenues during the period beginning on
November 1, 1998, and ending on June 30, 2002,
of not more than $1,000,000;
``(bb) for 2003, together with its
affiliates, has gross revenues during 2003 of
not more than $500,000; and
``(cc) for 2004, together with its
affiliates, has gross revenues, third party
participation revenues, and revenues from the
operation of new subscription services during
2004 of not more than $1,250,000.
``(II) In determining qualification under
subclauses (I)(bb) and (cc), a transmitting entity
shall exclude--
``(aa) income of an affiliate that is a
natural person, other than income such natural
person derives from another affiliate of such
natural person that is either a media or
entertainment related business that provides
audio or other entertainment programming, or a
business that primarily operates an Internet or
wireless service; and26 ``(bb) gross
revenues of any affiliate that is not engaged
in a media or entertainment related business
that provides audio or other entertainment
programming, and is not engaged in a business
that primarily operates an Internet or wireless
service, if the only reason such affiliate is
affiliated with the transmitting entity is that
it is under common control of the same natural
person or both are beneficially owned by the
same natural person.
``(v) The term `expenses'--
``(I) means all costs incurred (whether
actually paid or not) by an eligible small
webcaster, except that capital costs shall be
treated as expenses allocable to a period only
to the extent of charges for amortization or
depreciation of such costs during such period
as are properly allocated to such period in
accordance with United States generally
accepted accounting principles (GAAP);
``(II) includes the fair market value of
all goods, services, or other non-cash
consideration (including real, personal,
tangible, and intangible property) provided by
an eligible small webcaster to any third party
in lieu of a cash payment and the fair market
value of any goods or services purchased for or
provided to an eligible small webcaster by an
affiliate of such webcaster; and
``(III) shall not include--
``(aa) the imputed value of
personal services rendered by up to 5
natural persons who are, directly or
indirectly, owners of the eligible
small webcaster, and for which no
compensation has been paid;
``(bb) the imputed value of
occupancy of residential property for
which no Federal income tax deduction
is claimed as a business expense; or
``(cc) costs of purchasing
phonorecords of sound recordings used
in the eligible small webcaster's
service.
``(vi) The term `gross revenues'--
``(I) means all revenue of any kind earned
by a person or entity, less --
``(aa) revenue from sales of
phonorecords and digital phonorecord
deliveries of sound recordings;
``(bb) the person or entity's
actual cost of other products and
services actually sold through a
service that makes eligible
nonsubscription transmissions, and
related sales and use taxes imposed on
such transactions, costs of shipping
such products, allowance for bad debts,
and credit card and similar fees paid
to unrelated third parties;
``(cc) revenue from the operation
of a new subscription service for which
royalties are paid in accordance with
provisions of this section other than
this subparagraph; and
``(dd) revenue from the sale of
assets in connection with the sale of
all or substantially all of the assets
of such person's or entity's business,
or from the sale of capital assets; and
``(II) includes--
``(aa) all cash or cash
equivalents;
``(bb) the fair market value of
goods, services, or other non-cash
consideration (including real,
personal, tangible, and intangible
property); and
``(cc) amounts earned by such
person or entity but paid to an
affiliate of such person or entity in
lieu of payment to such person or
entity.
Gross revenues shall be calculated in
accordance with United States generally
accepted accounting principles (GAAP), except
that a transmitting entity that computes
Federal taxable income on the basis of the cash
receipts and disbursements method of accounting
for any taxable year may compute its gross
receipts for any period included in such
taxable year on the same basis.
``(vii) A `noncommercial, non-FCC webcaster' is a
webcaster as defined in section 261.2 of title 37, Code
of Federal Regulations, as published in the Federal
Register on July 8, 2002, that is exempt from taxation
under section 501 of the Internal Revenue Code of 1986
(26 U.S.C. 501).
``(viii) The `third party participation revenues'
of a transmitting entity are revenues of any kind
earned by a person or entity, other than the
transmitting entity, including those identified in
divisions (aa), (bb), and (cc) of clause (vi)(II)--
``(I) that relate to the public performance
of sound recordings and are subject to an
economic arrangement in which the transmitting
entity receives anything of value; or26
``(II) that are earned by such person or entity
from the sale of advertising of any kind in
connection with the transmitting entity's
eligible nonsubscription transmissions.''.
(c) Notice and Recordkeeping.--Section 114(f)(4)(A) of title 17,
United States Code, is amended--
(1) by striking ``(A) The'' and inserting ``(A)(i) Subject
to clauses (ii) and (iii), the''; and
(2) by adding at the end the following:
``(ii) For either or both of calendar years 2003 and 2004,
an eligible small webcaster that makes an election pursuant to
paragraph (2)(D)(ii)(VII) for any year shall, for that year,
keep records, and make available to copyright owners of sound
recordings reports of use, covering the following on a channel
by channel basis:
``(I) The featured recording artist, group or
orchestra.
``(II) The sound recording title.
``(III) The title of the retail album or other
product (or, in the case of compilation albums created
for commercial purposes, the name of the retail album
identified by the eligible small webcaster for purchase
of the sound recording).
``(IV) The marketing label of the commercially
available album or other product on which the sound
recording is found--
``(aa) for all albums or other products
commercially released after 2002; and
``(bb) in the case of albums or other
products commercially released before 2003, for
67 percent of the eligible small webcaster's
digital audio transmissions of such pre-2003
releases during 2003 and all of the eligible
small webcaster's digital audio transmissions
during 2004.
``(V) The International Standard Recording Code
(ISRC) embedded in the sound recording, if available--
``(aa) for all albums or other products
commercially released after 2002; and
``(bb) in the case of albums or other
products commercially released before 2003, for
50 percent of the eligible small webcaster's
digital audio transmissions of such pre-2003
releases during 2003, and for 75 percent of the
eligible small webcaster's digital audio
transmissions of such pre-2003 releases during
2004, to the extent that such information
concerning such pre-2003 releases can be
provided using commercially reasonable efforts.
``(VI) The copyright owner information provided in
the copyright notice on the retail album or other
product (e.g., following the symbol (P) (the letter P
in a circle) or, in the case of compilation albums
created for commercial purposes, in the copyright
notice for the individual track)--
``(aa) for all albums or other products
commercially released after 2002; and
``(bb) in the case of albums or other
products commercially released before 2003, for
50 percent of an eligible small webcaster's
digital audio transmissions of such pre-2003
releases during 2003, and for 75 percent of an
eligible small webcaster's digital audio
transmissions of such pre-2003 releases during
2004, to the extent that such information
concerning such pre-2003 releases can be
provided using commercially reasonable efforts.
``(VII) The aggregate tuning hours, on a monthly
basis, for each channel provided by the eligible small
webcaster as computed by a recognized industry ratings
service or as computed by the eligible small webcaster
from its server logs. For the purpose of this
subclause, the term `aggregate tuning hours' has the
meaning given that term in section 261.2 of title 37,
Code of Federal Regulations, as published in the
Federal Register on July 8, 2002.
``(VIII) The channel for each transmission of each
sound recording.
``(IX) The start date and time of each transmission
of each sound recording.
``(iii) Reports of use described in clause (ii) shall be
provided, at the same time royalty payments are due under
paragraph (2)(D)(ii)(II), to the entity designated by the
Copyright Office to distribute royalty payments under this
section.
``(iv) For calendar years 2003 and 2004, details of the
means by which copyright owners may receive notice of the use
of their sound recordings, and details of the requirements
under which reports of use concerning the matters identified in
clause (ii) shall be made available, shall be as provided in
regulations issued by the Librarian of Congress under clause
(i).''.
SEC. 4. DEDUCTIBILITY OF COSTS AND EXPENSES OF AGENTS AND DIRECT
PAYMENT TO ARTISTS OF ROYALTIES FOR DIGITAL PERFORMANCES
OF SOUND RECORDINGS.
(a) Findings.--The Congress finds that--
(1) in the case of royalty payments from the licensing of
digital transmissions of sound recordings under subsection (f)
of section 114 of title 17, United States Code, the parties
have voluntarily negotiated arrangements under which payments
shall be made directly to featured recording artists and the
administrators of the accounts provided in subsection (g)(2) of
that section;
(2) such voluntarily-negotiated payment arrangements have
been codified in regulations issued by the Librarian of
Congress, currently found in section 261.4 of title 37, Code of
Federal Regulations, as published in the Federal Register on
July 8, 2002;
(3) other regulations issued by the Librarian of Congress
were inconsistent with the voluntarily-negotiated arrangements
by such parties concerning the deductibility of certain costs
incurred for licensing and arbitration, and the Congress is
therefore restoring those terms as originally negotiated among
the parties; and
(4) in light of the special circumstances described in this
subsection, the uncertainty created by the regulations issued
by the Librarian of Congress, and the fact that all of the
interested parties have reached agreement, the voluntarily-
negotiated arrangements agreed to among the parties are being
codified.
(b) Deductibility.--Section 114(g) of title 17, United States Code,
is amended by adding after paragraph (2) the following:
``(3) A nonprofit agent designated to distribute receipts
from the licensing of transmissions in accordance with
subsection (f) may deduct from any of its receipts, prior to
the distribution of such receipts to any person or entity
entitled thereto, the reasonable costs of such agent incurred
after November 1, 1995, in--
``(A) the administration of the collection,
distribution, and calculation of the royalties;
``(B) the settlement of disputes relating to the
collection and calculation of the royalties; and
``(C) the licensing and enforcement of rights with
respect to the making of ephemeral recordings and
performances subject to licensing under section 112 and
this section, including those incurred in participating
in negotiations or arbitration proceedings under
section 112 and this section.''.
(c) Direct Payment to Artists.--Section 114(g)(2) of title 17,
United States Code, is amended to read:
``(2) An agent designated to distribute receipts from the
licensing of transmissions in accordance with subsection (f)
shall distribute such receipts as follows:
``(A) 50 percent of the receipts shall be paid to
the copyright owner of the exclusive right under
section 106(6) of this title to publicly perform a
sound recording by means of a digital audio
transmission.
``(B) 2-1/2 percent of the receipts shall be
deposited in an escrow account managed by an
independent administrator jointly appointed by
copyright owners of sound recordings and the American
Federation of Musicians (or any successor entity) to be
distributed to nonfeatured musicians (whether or not
members of the American Federation of Musicians) who
have performed on sound recordings.
``(C) 2-1/2 percent of the receipts shall be
deposited in an escrow account managed by an
independent administrator jointly appointed by
copyright owners of sound recordings and the American
Federation of Television and Radio Artists (or any
successor entity) to be distributed to nonfeatured
vocalists (whether or not members of the American
Federation of Television and Radio Artists) who have
performed on sound recordings.24 ``(D) 45 percent of
the receipts shall be paid, on a per sound recording
basis, to the recording artist or artists featured on
such sound recording (or the persons conveying rights
in the artists' performance in the sound
recordings).''.
SEC. 5. REPORT TO CONGRESS.
(a) Findings.--The Congress finds that--
(1) eligible small webcasters have economic arrangements
with third parties, as a result of which third parties, many of
them large businesses, realize a significant portion of the
revenues generated from the use of sound recordings in the
services operated by eligible small webcasters; and
(2) as a result of these arrangements, any royalty based on
revenues realized by an eligible small webcaster may result in
recording artists and sound recording copyright owners
receiving a royalty based on revenues that are a fraction of
the total revenues generated from the use of the sound
recordings under statutory license.
(b) Report to Congress.--By not later than June 1, 2004, the
Register of Copyrights and the Comptroller General of the United States
shall prepare and submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the Senate a
joint report concerning--
(1) the economic arrangements among eligible small
webcasters and third parties and their consequences for the
ability of recording artists and sound recording copyright
owners to be compensated appropriately on a percentage of
revenue basis; and
(2) the economic incentives that percentage of revenue
statutory rates create for structuring economic arrangements
among eligible small webcasters and third parties that may be
to the detriment of recording artists and sound recording
copyright owners.
(c) Definition.--In this section, the term ``eligible small
webcaster'' has the meaning given that term in section 114(f)(2)(E) of
title 17, United States Code, as added by section 3 of this Act.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act.
Passed the House of Representatives October 7, 2002.
Attest:
JEFF TRANDAHL,
Clerk.