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House approves tax on adult‑oriented businesses to fund offender treatment; constitutional concerns linger

Utah House of Representatives · February 13, 2004
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Summary

The Utah House passed House Bill 2-39, imposing a monthly tax on adult‑oriented businesses and related services to fund treatment for convicted offenders. Debate focused on First Amendment risks and whether the tax is narrowly tailored; the bill passed 51‑16 and will be sent to the Senate.

The Utah House on Feb. 12 passed House Bill 2‑39, a measure that would impose a targeted tax on adult‑oriented businesses and explicit services to generate revenue for treatment of convicted sexual offenders.

Sponsor Duane Bordeaux told colleagues the legislation is intended to address gaps in treatment for offenders under the Department of Corrections, saying the department can currently treat only about 15 percent of incarcerated offenders and that additional funding would "better protect the community." Bordeaux argued the fee is a precedent of so‑called sin taxes and said intent language…

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