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H.B. 343
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OBSCENITY AND PORNOGRAPHY
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COMPLAINTS OMBUDSMAN
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Evan L. Olsen
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AN ACT RELATING TO THE ATTORNEY GENERAL'S OFFICE; CREATING AN
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OBSCENITY AND PORNOGRAPHY COMPLAINTS OMBUDSMAN; DEFINING THE
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OMBUDSMAN'S POWERS AND DUTIES; APPROPRIATING $75,000 TO THE ATTORNEY
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GENERAL'S OFFICE; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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67-5-17, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
67-5-17
is enacted to read:
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67-5-17. Pornography Complaints Ombudsman -- Powers.
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(1) As used in this section, "pornography" means material or a performance that meets the
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requirements of Subsection
76-10-1203
(1).
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(2) (a) There is created an Obscenity and Pornography Complaints Ombudsman in the
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Office of the Attorney General.
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(b) The attorney general shall hire an attorney licensed to practice law in Utah who has
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knowledge of obscenity and pornography law and, if possible, who has a background or expertise
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in investigating and prosecuting obscenity and pornography law violations to fill the position.
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(c) The person hired to fill the position is an exempt employee.
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(d) The attorney general may hire clerks, interns, or other personnel to assist the
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pornography complaints ombudsman.
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(3) The Obscenity and Pornography Complaints Ombudsman shall:
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(a) develop and maintain expertise in and understanding of laws designed to control or
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eliminate obscenity and pornography and the legal standards governing the regulation or
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elimination of obscenity and pornography;
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(b) advise citizens and local governments about remedies to address instances of obscenity
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and pornography in their communities;
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(c) advise local governments about ways to strengthen local laws and ordinances
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addressing obscenity and pornography;
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(d) advise local governments about strategies to restrict, suppress, or eliminate obscenity
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and pornography in their communities;
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(e) at the request of the attorney general or a local government, assist a local government
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in investigating and prosecuting state and local laws and ordinances addressing obscenity or
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pornography;
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(f) advise citizens about their options to address specific complaints about obscenity or
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pornography in their communities;
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(g) when requested by a citizen or local government official, arbitrate between citizens and
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businesses to resolve complaints about obscenity or pornography;
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(h) provide information to private citizens, civic groups, government entities, and other
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interested parties about the dangers of obscenity and pornography, the current laws to restrict,
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suppress, or eliminate pornography, and their rights and responsibilities under those laws; and
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(i) in conjunction with Utah's county and municipal prosecuting attorneys:
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(i) review Utah's and Idaho's moral nuisance law;
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(ii) draft a comprehensive moral nuisance law for Utah h
AND A MODEL ORDINANCE FOR
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MUNICIPALITIES AND COUNTIES
h to provide an effective mechanism
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to abate and discourage obscenity and pornography; and
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(iii) present the draft to the Legislature's Judiciary Interim Committee before October 25,
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2001.
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Section 2. Appropriation.
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(1) There is appropriated $75,000 from the General Fund to the Office of the Attorney
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General for fiscal year 2000-01 to fund the costs of the Pornography Complaints Ombudsman
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established by this bill.
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(2) It is the intent of the Legislature that, in subsequent fiscal years, the Office of the
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Attorney General request, as part of its annual budget request, an annual appropriation from the
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Legislature of h [
at least
] h $150,000 to fund the costs of the Pornography Complaints
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Ombudsman.
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Section 3. Effective date.
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This act takes effect on January 1, 2001.
Legislative Review Note
as of 2-10-00 6:24 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.