Mike , sue and  Jeff, Can you please track this down ASAP  and get an 
assessment of this.  Jeff, I assume you will get our lobbyists involved.  
Lets schedule a call  to discuss strategy, etc. 
---------------------- Forwarded by Vicki Sharp/HOU/EES on 07/09/2001 03:10 
PM ---------------------------
From: Barbara N Gray/ENRON@enronXgate on 07/09/2001 03:06 PM
To: Vicki Sharp/HOU/EES@EES
cc:  
Subject: FW: Article 2/Conf. Call - Sent on Behalf of Jeff Dodd


Vicki, I continue to work with "industry groups" on the proposed revisions to 
Article 2 of the UCC.....in connection therewith, I received the following 
with respect to CALIFORNIA consumers relating to choice of law proposed 
legislation being proposed in California.  I am unsure what types of 
transactions, if any EES pursues in CA, but am passing this on to you just in 
case......a fate worse than death....to be within the clutches of left coast 
consumer law!!!!!!   Hope all is well with and family   bng
 -----Original Message-----
From:  Kaye Caldwell <KCaldwell-IA@ix.netcom.com>@ENRON 
[mailto:IMCEANOTES-Kaye+20Caldwell+20+3CKCaldwell-IA+40ix+2Enetcom+2Ecom+3E+40
ENRON@ENRON.com] 
Sent: Sunday, July 08, 2001 7:30 PM
To: SHADDIX, PEGGY; 'msbarranco@tpandh.com'; 'rberger@winston.com'; 
'lebrennan@msn.com'; 'K.Buford@motorola.com'; 'David.B.Cade@GM.com'; 
'ctc5@chrysler.com'; 'Susan_Carnahan@hp.com'; 'jcherry@snds.com'; 
'david.crane@autodesk.com'; 'DaviesToddE@JDCORP.DEERE.com'; 
'dcd1952@bellatlantic.com'; 'rfrank@enron.com'; 'egillas@ect.enron.com'; 
'bgray@ect.enron.com'; 'Bguge@californiasteel.com'; 'gdhailey@venable.com'; 
'ejh@whdlaw.com'; 'hillman@law.mail.cornell.edu'; 'lhoriszny@bwauto.com'; 
'huddlesone@aol.com'; 'olivia.iannicelli@nissan-usa.com'; 'joek@bsa.org'; 
'ckeeton@fbtlaw.com'; 'akoblenz@nada.org'; 'dland@affi.com'; 
'clockwood@aiam.org'; 'macdug@aol.com'; 'whannassoc@aol.com'; 
'Jen_Morris@hp.com'; 'dreiter@724.com'; 'law@nam.org'; 'drobbins@mpaa.org'; 
'msheriff@lsnlaw.com'; 'cla_silcox@nema.org'; 'hollyt@prestongates.com'; 
DODD, JEFF
Subject: Re: Article 2/Conf. Call - Sent on Behalf of Jeff Dodd

Those of you that are concerned about the changes to Article 1 (Change #6 in 
Holly's memo) regarding choice of law might like to know about California AB 
256, see text below.  It makes all non-California choice of law clauses 
ineffective in electronic contracts with California consumers, and we think 
it may be expanded to all consumer contracts (due to E-SIGN issues). We have 
a working group of people opposing the bill, which has passed the Assembly 
and is in the Senate.  THIS BILL IS QUITE LIKELY TO PASS.  So if you're 
concerned please help us stop it!
Among numerous other problems, I think it would force all companies that sell 
goods to California consumers with an express warranty to provide local 
repair facilities or contract for local repair services (ie, it overturns the 
Zeos case). 
If you want to participate in the opposition working group please let me 
know. (KCaldwell-IA@ix.netcom.com.)
- Kaye Caldwell
================= Text of AB 256 ===========================
1799.207. Notwithstanding any other provision of law, if a consumer in this 
state enters a consumer contract or other transaction for the purchase or 
lease of goods or services primarily for personal, family, or household 
purposes and the consumer contract or other agreement documenting the 
transaction is created, generated, sent, communicated, received, or stored by 
electronic means, all of the following apply: (a) The consumer contract or 
transaction shall be governed by California law. (b) For the purpose of 
applying the provisions of this part, the consumer contract or transaction 
shall be deemed to have been made or to have occurred at the individual's 
residence. (c) Any action arising from or connected with the consumer 
contract or transaction that is commenced against the consumer shall be filed 
in the county or judicial district in which the consumer resided at the time 
the transaction was entered or resides at the time action is filed. (d) This 
section may not be waived or varied by agreement. Any waiver of this section 
is void and unenforceable as contrary to public policy. 
================= End of Text of AB 256 ===========================
===================================
Kaye Caldwell,  California Policy Director
Internet Alliance http://www.internetalliance.org
E-mail: KCaldwell-IA@ix.netcom.com
Phone: (916) 486-6334, (202) 783-8677
Fax: (916) 313-3746, (202) 478-1804
===================================