H.B. 343 Enrolled

OBSCENITY AND PORNOGRAPHY COMPLAINTS OMBUDSMAN
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Evan L. Olsen
AN ACT RELATING TO THE ATTORNEY GENERAL'S OFFICE; CREATING AN
OBSCENITY AND PORNOGRAPHY COMPLAINTS OMBUDSMAN; DEFINING THE
OMBUDSMAN'S POWERS AND DUTIES; APPROPRIATING $75,000 TO THE ATTORNEY
GENERAL'S OFFICE; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
67-5-17, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 67-5-17 is enacted to read:
67-5-17. Pornography Complaints Ombudsman -- Powers.
(1) As used in this section, "pornography" means material or a performance that meets the
requirements of Subsection 76-10-1203 (1).
(2) (a) There is created an Obscenity and Pornography Complaints Ombudsman in the
Office of the Attorney General.
(b) The attorney general shall hire an attorney licensed to practice law in Utah who has
knowledge of obscenity and pornography law and, if possible, who has a background or expertise
in investigating and prosecuting obscenity and pornography law violations to fill the position.
(c) The person hired to fill the position is an exempt employee.
(d) The attorney general may hire clerks, interns, or other personnel to assist the
pornography complaints ombudsman.
(3) The Obscenity and Pornography Complaints Ombudsman shall:
(a) develop and maintain expertise in and understanding of laws designed to control or
eliminate obscenity and pornography and the legal standards governing the regulation or elimination
of obscenity and pornography;
(b) advise citizens and local governments about remedies to address instances of obscenity

and pornography in their communities;
(c) advise local governments about ways to strengthen local laws and ordinances addressing
obscenity and pornography;
(d) advise local governments about strategies to restrict, suppress, or eliminate obscenity and
pornography in their communities;
(e) at the request of the attorney general or a local government, assist a local government in
investigating and prosecuting state and local laws and ordinances addressing obscenity or
pornography;
(f) advise citizens about their options to address specific complaints about obscenity or
pornography in their communities;
(g) when requested by a citizen or local government official, arbitrate between citizens and
businesses to resolve complaints about obscenity or pornography;
(h) provide information to private citizens, civic groups, government entities, and other
interested parties about the dangers of obscenity and pornography, the current laws to restrict,
suppress, or eliminate pornography, and their rights and responsibilities under those laws; and
(i) in conjunction with Utah's county and municipal prosecuting attorneys:
(i) review Utah's and Idaho's moral nuisance law;
(ii) draft a comprehensive moral nuisance law for Utah and a model ordinance for
municipalities and counties to provide an effective mechanism to abate and discourage obscenity and
pornography; and
(iii) present the draft to the Legislature's Judiciary Interim Committee before October 25,
2001.
Section 2. Appropriation.
(1) There is appropriated $75,000 from the General Fund to the Office of the Attorney
General for fiscal year 2000-01 to fund the costs of the Pornography Complaints Ombudsman
established by this bill.
(2) It is the intent of the Legislature that, in subsequent fiscal years, the Office of the Attorney
General request, as part of its annual budget request, an annual appropriation from the Legislature

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of $150,000 to fund the costs of the Pornography Complaints Ombudsman.
Section 3. Effective date.
This act takes effect on January 1, 2001.

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