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Senate passes bill barring collection of debts tied to specified unlawful 900-number services

Utah State Senate · January 24, 1996
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Summary

SB76 passed after debate about scope and potential federal challenges; the measure declares debts derived from certain unlawful activities, including specified pornographic 900-number services, uncollectible and uses state racketeering provisions to place liability on purveyors.

The Utah Senate voted to make certain debts "uncollectible" when they arise from specified unlawful activities, including defined pornographic services provided via 900 numbers, under SB76.

Senator Craig Taylor, sponsor of the measure, said the bill is a narrow codification to prevent collection of debts that are tied to illegal acts and that it leverages state racketeering provisions to shift proof burdens toward the purveyor. "This the intent really is to try to get at pornographic materials conveyed through 900 telephone numbers," Taylor said on the floor.

Floor debate focused on scope and unintended consequences. Senators asked whether the bill would bar collection of ordinary consumer calls or other legitimate 900-number uses; Senator Taylor said lawful uses would remain collectible and that the bill targets debts derived from illegal activities. Questions also arose about whether the statute might face federal challenges on commerce or First Amendment grounds; Senator Watson warned that federal courts might view state-based restrictions on interstate phone services as problematic. Taylor acknowledged the question and said he would "look into that."

The sponsor noted that existing industry arrangements route consumer complaints through long-distance and local carriers, with the provider ultimately responsible to rectify disputed bills; SB76 seeks to add a civil remedy that prevents collection where the debt derives from specified unlawful activity.

The Senate recorded a roll call and announced SB76 passed with 27 aye votes and two absent, and the bill was placed at the bottom of the third-reading calendar.