Representative Kyle R. Andersen proposes the following substitute bill:


1     
MODIFICATIONS TO HUMAN TRAFFICKING PROVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kyle R. Andersen

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates a human trafficking education program and requires certain individuals
10     to participate in the program.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Human Trafficking Education Program;
15          ▸     provides development and content requirements for the program;
16          ▸     requires employees of sexually oriented businesses to complete the program;
17          ▸     directs government agencies overseeing the licensure of sexually oriented
18     businesses to require applicants to complete the program; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          10-8-41.5, as last amended by Laws of Utah 2019, Chapter 303
27          17-50-331, as enacted by Laws of Utah 2010, Chapter 398
28     ENACTS:
29          67-5-36, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 10-8-41.5 is amended to read:
33          10-8-41.5. Regulation of sexually oriented business.
34          (1) As used in this section:
35          (a) "Adult service" means dancing, serving food or beverages, modeling, posing,
36     wrestling, singing, reading, talking, listening, or other performances or activities conducted by
37     a nude or partially denuded individual for compensation.
38          (b) "Compensation" means:
39          (i) a salary;
40          (ii) a fee;
41          (iii) a commission;
42          (iv) employment;
43          (v) a profit; or
44          (vi) other pecuniary gain.
45          (c) (i) "Escort" means [a person] an individual who, for compensation, dates, socializes
46     with, visits, consorts with, or accompanies another, or offers to date, consort with, socialize
47     with, visit, or accompany another:
48          (A) to a social affair, entertainment, or a place of amusement; or
49          (B) within a place of public or private resort, a business or commercial establishment,
50     or a private quarter.
51          (ii) "Escort" does not mean [a person] an individual who provides business or personal
52     services, including:
53          (A) a licensed private nurse;
54          (B) an aide for the elderly or [a person] an individual with a disability;
55          (C) a social secretary or similar service personnel whose relationship with a patron is
56     characterized by a contractual relationship having a duration of 12 hours or more and who
57     provides a service not principally characterized as dating or socializing; or
58          (D) [a person] an individual who provides services such as singing telegrams, birthday
59     greetings, or similar activities that are characterized by an appearance in a public place,
60     contracted for by a party other than the [person] individual for whom the service is being
61     performed, and of a duration not to exceed one hour.
62          (d) "Escort service" means any person who furnishes or arranges for an escort to
63     accompany another individual for compensation.
64          (e) "Nude or partially denuded individual" means an individual with any of the
65     following less than completely and opaquely covered:
66          (i) genitals;
67          (ii) the pubic region; or
68          (iii) a female breast below a point immediately above the top of the areola.
69          (f) (i) "Sexually oriented business" means a business at which any nude or partially
70     denuded individual, regardless of whether the nude or partially denuded individual is an
71     employee of the sexually oriented business or an independent contractor, performs any service
72     for compensation.
73          (ii) "Sexually oriented business" includes:
74          (A) an escort service; or
75          (B) an adult service.
76          (2) [A person] An individual employed in a sexually oriented business may not work in
77     a municipality if:
78          (a) the municipality requires that [a person] an individual employed in a sexually
79     oriented business obtain an individual license; and
80          (b) the [person] individual has not obtained an individual license from the
81     municipality.
82          (3) A business entity or sole proprietorship that conducts a sexually oriented business
83     may not conduct business in a municipality if:
84          (a) (i) the municipality requires that a sexually oriented business obtain a license; and
85          [(b)] (ii) the business entity has not obtained a license from the municipality[.]; or
86          (b) the business entity or sole proprietorship fails to ensure that each owner, employee,
87     or independent contractor of the sexually oriented business completes the Human Trafficking
88     Education program established in Section 67-5-36.
89          (4) If a municipality requires a business entity or sole proprietorship that conducts a
90     sexually oriented business to obtain a licence, the municipality shall include as a requirement
91     of the license that the business entity or sole proprietorship provide documentation
92     demonstrating that each owner, employee, or independent contractor of the sexually oriented
93     business completes the Human Trafficking Education Program established in Section 67-5-36.
94          (5) The requirement described in Subsection (3)(b) applies regardless of whether the
95     municipality requires a sexually oriented business to obtain a business license.
96          [(4)] (6) (a) A violation of this section by an individual who is at least 18 years old, a
97     sole proprietorship, or a business entity is a class A misdemeanor.
98          (b) A person charged under this section may not also be charged under Section
99     76-10-1302.
100          (7) Within one year after the day on which the Office of the Attorney General provides
101     notice in accordance with Subsection 67-5-36(7):
102          (a) a business entity or sole proprietorship that conducts a sexually oriented business
103     shall comply with Subsection (3)(b); and
104          (b) a municipality requiring a sexually oriented business to obtain a license, shall
105     comply with the requirements of Subsection (4).
106          Section 2. Section 17-50-331 is amended to read:
107          17-50-331. Regulation of sexually oriented business.
108          (1) As used in this section:
109          (a) "Adult service" means dancing, serving food or beverages, modeling, posing,
110     wrestling, singing, reading, talking, listening, or other performances or activities conducted by
111     a nude or partially denuded individual for compensation.
112          (b) "Compensation" means:
113          (i) a salary;
114          (ii) a fee;
115          (iii) a commission;
116          (iv) employment;
117          (v) a profit; or
118          (vi) other pecuniary gain.
119          (c) (i) "Escort" means [a person] an individual who, for compensation, dates, socializes
120     with, visits, consorts with, or accompanies another, or offers to date, consort with, socialize
121     with, visit, or accompany another:
122          (A) to a social affair, entertainment, or a place of amusement; or
123          (B) within[: (I)] a place of public or private resort[; (II)], a business or commercial
124     establishment[; or (III)], or a private quarter.
125          (ii) "Escort" does not mean [a person] an individual who provides business or personal
126     services, including:
127          (A) a licensed private nurse;
128          (B) an aide for the elderly or [a person] an individual with a disability;
129          (C) a social secretary or similar service personnel[: (I)] whose relationship with a
130     patron is characterized by a contractual relationship having a duration of 12 hours or more[;
131     and (II)] and who provides a service not principally characterized as dating or socializing; or
132          (D) [a person] an individual who provides services such as singing telegrams, birthday
133     greetings, or similar activities[: (I)] that are characterized by an appearance in a public
134     place[;(II)], contracted for by a party other than the [person] individual for whom the service is
135     being performed[; and (III)], and of a duration not to exceed one hour.
136          (d) "Escort service" means any person who furnishes or arranges for an escort to
137     accompany another individual for compensation.
138          (e) "Nude or partially denuded individual" means an individual with any of the
139     following less than completely and opaquely covered:
140          (i) genitals;
141          (ii) the pubic region; or
142          (iii) a female breast below a point immediately above the top of the areola.
143          (f) (i) "Sexually oriented business" means a business at which any nude or partially
144     denuded individual, regardless of whether the nude or partially denuded individual is an
145     employee of the sexually oriented business or an independent contractor, performs any service
146     for compensation.
147          (ii) "Sexually oriented business" includes:
148          (A) an escort service; or
149          (B) an adult service.
150          (2) [A person] An individual employed in a sexually oriented business may not work in
151     the unincorporated area of a county if:
152          (a) [if] the county requires that [a person] an individual employed in a sexually
153     oriented business be licensed individually; and
154          (b) [if the person] the individual is not licensed by the county.
155          (3) A business entity or sole proprietorship that conducts a sexually oriented business
156     may not conduct business in an unincorporated area of a county if:
157          (a) (i) [if] the county requires that a sexually oriented business be licensed; and
158          [(b)] (ii) [if] the business entity is not licensed by the county[.]; or
159          (b) the business entity or sole proprietorship fails to ensure that each owner, employee,
160     or independent contractor of the sexually oriented business completes the Human Trafficking
161     Education program established in Section 67-5-36.
162          (4) If a county requires a business entity or sole proprietorship that conducts a sexually
163     oriented business to obtain a licence, the county shall include as a requirement of the license
164     that the business entity or sole proprietorship provide documentation demonstrating that each
165     owner, employee, or independent contractor of the sexually oriented business completes the
166     Human Trafficking Education Program established in Section 67-5-36.
167          (5) The requirement described in Subsection (3)(b) applies regardless of whether the
168     county requires a sexually oriented business to obtain a business license.
169          (6) Within one year after the day on which the Office of the Attorney General provides
170     notice in accordance with Subsection 67-5-36(7):
171          (a) a business entity or sole proprietorship that conducts a sexually oriented business
172     shall comply with Subsection (3)(b); and
173          (b) a county requiring a sexually oriented business to obtain a license, shall comply
174     with the requirements of Subsection (4).
175          Section 3. Section 67-5-36 is enacted to read:
176          67-5-36. Human Trafficking Education Program -- Creation -- Content --
177     Enforcement.
178          (1) As used in this section:
179          (a) "Human trafficking" means the act of forcing or coercing an individual to perform
180     some type of labor or sexual act.
181          (b) "Program" means the Human Trafficking Education Program created in this
182     section.
183          (2) There is created the Human Trafficking Education Program.
184          (3) The Office of the Attorney General shall develop and manage the program.
185          (4) The Office of the Attorney General shall contract with a reputable organization that
186     operates primarily to combat human trafficking to:
187          (a) develop or access content for the program that meets the requirements of
188     Subsection (5);
189          (b) develop or access an online platform to provide public access to the program that
190     meets the requirements of Subsection (4); and
191          (c) update the program's content as relevant data and information develop within the
192     human trafficking subject area, or as otherwise needed.
193          (5) The Human Trafficking Education Program shall:
194          (a) provide an online, research-based education course that informs participants of:
195          (i) the various forms of human trafficking currently in practice;
196          (ii) the common characteristics of victims of human trafficking;
197          (iii) how to identify a human trafficking operation or a victim of human trafficking;
198          (iv) the best practices for assisting a victim or suspected victim of human trafficking;
199          (v) current resources available to victims of human trafficking; and
200          (vi) other information relevant to preventing human trafficking, identifying and
201     reporting human trafficking, and assisting victims of human trafficking;
202          (b) be available to the public without charge on an online platform;
203          (c) test a participant of the program throughout the course to ensure the participant's
204     understanding of the information presented; and
205          (d) generate a certificate of completion for an individual completing the full course.
206          (6) Completion of the program is mandatory for any employee of a sexually oriented
207     business as defined in Sections 10-8-41.5 and 17-50-331.
208          (7) The Office of the Attorney General shall provide written notice to each county and
209     municipality when development of the program is complete and the program is accessible to
210     the public.