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Senate approves anti-spam measure with amendments; bill moves to third reading
Summary
The Senate adopted committee amendments and placed substitute House Bill 80 (unsolicited commercial email) on the third-reading calendar. The bill requires accurate sender identification, advert content flagged in subject lines, and an opt-out mechanism; senators debated scope, interstate enforcement and penalties.
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The Senate approved a substituted version of House Bill 80 on second reading and placed it on the third-reading calendar after adopting committee amendments. The measure sets requirements for unsolicited commercial email (so-called "spam"), including accurate sender identification, an advertising marker ("ADV") in the subject line for commercial messages, and an opt-out provision.
Sponsor Senator Steele described the bill as a measured response to increasing unsolicited email. "If you've looked at your email list today, how many emails do you have?" Steele asked, noting recipients pay for access and that an opt-out requirement gives recipients a route to be removed from repeat lists.
Debate focused on definitions and enforcement. Senator Valentine and others urged tightening the definition of "preexisting relationship" and expressed concern that the provision might permit continued undesired contact without usable opt-outs. Senator Spencer raised concerns about the penalty structure and potential disadvantages for Utah businesses relative to out-of-state senders; sponsors said the bill contains broad exemptions for existing business relationships and that the adopted penalty level is at the low end compared with other states that have enacted similar laws.
A committee amendment removing an 800-number notice requirement was adopted on the floor. After debate and the committee amendment, the Senate voted to move the bill to the third-reading calendar (22 ayes, 5 nays, 2 absent), where sponsors indicated they would refine definitions (including preexisting relationship and opt-out clarity) on final passage.
If enacted, the law would add a civil-remedy framework for unsolicited commercial email and require senders doing legitimate business with Utah consumers to follow identification and opt-out rules; enforcement and cross‑jurisdictional challenges were noted repeatedly in floor discussion as matters for continued work.
