Legislature(2005 - 2006)BUTROVICH 205

01/25/2006 08:30 AM JUDICIARY

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Heard & Held
Heard & Held
Bill Hearing Postponed
+ Bills Previously Heard/Scheduled TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        January 25, 2006                                                                                        
                           8:37 a.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
CS FOR HOUSE BILL NO. 101(JUD) am                                                                                               
"An Act relating to sex tourism."                                                                                               
     HEARD AND HELD                                                                                                             
CS FOR HOUSE BILL NO. 148(JUD)                                                                                                  
"An Act relating to human trafficking; and providing for an                                                                     
effective date."                                                                                                                
     HEARD AND HELD                                                                                                             
HOUSE JOINT RESOLUTION NO. 9 am                                                                                                 
Urging  the  United States  Congress  to  honor the  process  and                                                               
judgment of  the federal courts in  the case of the  Exxon Valdez                                                               
disaster  and to  refrain from  enacting  legislation that  would                                                               
affect the outcome of the courts' resolution of the case.                                                                       
     BILL HEARING POSTPONED                                                                                                     
SENATE BILL NO. 10                                                                                                              
"An Act relating to liability for destruction of property by                                                                    
unemancipated minors; and providing for an effective date."                                                                     
     HEARD AND HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 101                                                                                                                  
SHORT TITLE: SEX TOURISM                                                                                                        
SPONSOR(s): REPRESENTATIVE(s) CROFT                                                                                             
01/21/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/05       (H)       JUD, FIN                                                                                               
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Heard & Held                                                                                           
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/18/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/05       (H)       Heard & Held                                                                                           
03/18/05       (H)       MINUTE(JUD)                                                                                          
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/05       (H)       Moved CSHB 101(JUD) Out of Committee                                                                   
04/01/05       (H)       MINUTE(JUD)                                                                                            
04/04/05       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
04/04/05       (H)       DP: KOTT, GRUENBERG, DAHLSTROM, GARA,                                                                  
04/21/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/21/05       (H)       <Bill Hearing Postponed>                                                                               
04/22/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/22/05       (H)       Moved CSHB 101(JUD) Out of Committee                                                                   
04/22/05       (H)       MINUTE(FIN)                                                                                            
04/25/05       (H)       FIN RPT CS(JUD) NT 9DP                                                                                 
04/25/05       (H)       DP:   HAWKER,    HOLM,   CROFT,   JOULE,                                                               
                         STOLTZE, MOSES, KELLY, MEYER, CHENAULT                                                                 
05/03/05       (H)       TRANSMITTED TO (S)                                                                                     
05/03/05       (H)       VERSION: CSHB 101(JUD) AM                                                                              
05/04/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/04/05       (S)       JUD, FIN                                                                                               
01/25/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
BILL: HB 148                                                                                                                  
SHORT TITLE: TRAFFICKING OF PERSONS                                                                                             
SPONSOR(s): REPRESENTATIVE(s) KERTTULA                                                                                          
02/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (H)       JUD, FIN                                                                                               
03/07/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/07/05       (H)       Heard & Held                                                                                           
03/07/05       (H)       MINUTE(JUD)                                                                                            
03/18/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/18/05       (H)       Heard & Held                                                                                           
03/18/05       (H)       MINUTE(JUD)                                                                                            
04/01/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/05       (H)       Moved CSHB 148(JUD) Out of Committee                                                                   
04/01/05       (H)       MINUTE(JUD)                                                                                            
04/06/05       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
04/06/05       (H)       DP: KOTT, GRUENBERG, DAHLSTROM, GARA,                                                                  
04/22/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/22/05       (H)       <Bill Hearing Postponed>                                                                               
04/29/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/29/05       (H)       Moved CSHB 148(JUD) Out of Committee                                                                   
04/29/05       (H)       MINUTE(FIN)                                                                                            
04/30/05       (H)       FIN RPT CS(JUD) NT 8DP 1NR                                                                             
04/30/05       (H)       DP: HAWKER, CROFT, HOLM, WEYHRAUCH,                                                                    
                         JOULE, MOSES, FOSTER, MEYER;                                                                           
04/30/05       (H)       NR: KELLY                                                                                              
05/04/05       (H)       TRANSMITTED TO (S)                                                                                     
05/04/05       (H)       VERSION: CSHB 148(JUD)                                                                                 
05/05/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/05/05       (S)       JUD, FIN                                                                                               
01/25/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
BILL: SB 10                                                                                                                   
SHORT TITLE: PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                                              
SPONSOR(s): SENATOR(s) GUESS, DYSON                                                                                             
01/11/05       (S)       PREFILE RELEASED 12/30/04                                                                              
01/11/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/11/05       (S)       HES, JUD                                                                                               
01/19/05       (H)       HES AT 1:30 PM SENATE FINANCE 532                                                                      
01/19/05       (S)       Heard & Held                                                                                           
01/19/05       (S)       MINUTE(HES)                                                                                            
01/26/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
01/26/05       (S)       -- Meeting Canceled --                                                                                 
04/04/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/04/05       (S)       Heard & Held                                                                                           
04/04/05       (S)       MINUTE(HES)                                                                                            
04/06/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/06/05       (S)       Scheduled But Not Heard                                                                                
04/11/05       (S)       HES AT 1:45 PM BUTROVICH 205                                                                           
04/11/05       (S)       Moved CSSB 10(HES) Out of Committee                                                                    
04/11/05       (S)       MINUTE(HES)                                                                                            
04/12/05       (S)       HES RPT CS FORTHCOMING 2DP 3NR                                                                         
04/12/05       (S)       DP: DYSON, OLSON                                                                                       
04/12/05       (S)       NR: WILKEN, ELTON, GREEN                                                                               
04/13/05       (S)       HES CS RECEIVED NEW TITLE                                                                              
01/19/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/19/06       (S)       Scheduled But Not Heard                                                                                
01/24/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/24/06       (S)       Scheduled But Not Heard                                                                                
WITNESS REGISTER                                                                                                              
Representative Eric Croft                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 101                                                                                         
Representative Beth Kerttula                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 148                                                                                         
Senator Gretchen Guess                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of SB 10                                                                                          
Mr. Tony Newman, Program Officer                                                                                                
Division of Juvenile Justice                                                                                                    
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Commented on SB 10                                                                                       
Mr. Chip Wagoner, Executive Director                                                                                            
Alaska Conference of Catholic Bishops                                                                                           
Catholic Community Services                                                                                                     
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified in support of HB 101 and HB 148                                                                
Ms. Anne Carpeneti, Assistant Attorney General                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on HB 101 and HB 148                                                                           
ACTION NARRATIVE                                                                                                              
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:37:06 AM.  Present were Senators                                                             
Hollis  French,  Charlie  Huggins,   Gretchen  Guess,  and  Chair                                                               
          SB 10-PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                                       
8:37:18 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 10 to be up for consideration.                                                                 
SENATOR GRETCHEN GUESS, bill sponsor, introduced SB 10 and                                                                      
explained that it was clearly complicated. She offered to give                                                                  
an overview of the sections and then open it up for questions.                                                                  
Increasingly juveniles are vandalizing  and community members are                                                               
seeking ways  to control and  stop the  vandalizing. Historically                                                               
communities have dealt  with the civil part of the  issue and the                                                               
amount that the  parent is liable for. There  are three different                                                               
processes  a  juvenile  can  go through.  There  is  an  informal                                                               
process with  juvenile justice, a  criminal process, and  a civil                                                               
process. They all deal with  the child and the parent differently                                                               
when it  comes to restitution.  SB 10 is  an attempt to  insert a                                                               
consistent  system  into  law  and   to  start  holding  children                                                               
accountable for their actions. SB  10 proposes to hold a juvenile                                                               
liable for  the first $5,000  worth of damage. The  parents would                                                               
be  responsible for  the  next  $15,000, and  that  comes out  of                                                               
current  law.  The  idea  behind  the bill  is  for  parents  and                                                               
children to create a payment plan  and for the payment plan to go                                                               
past the age of 18. If  the victim were not interested in getting                                                               
full restitution that would be their choice.                                                                                    
8:41:28 AM                                                                                                                    
SENATOR GUESS continued  by saying she tried to  create a balance                                                               
of  many  issues,  such  as  restitution  versus  accountability,                                                               
affordability  of the  family, and  the length  of time  it would                                                               
take to make restitution.                                                                                                       
8:43:58 AM                                                                                                                    
At  the request  of  other members  of  the Legislature,  Senator                                                               
Guess  offered that  a  portion of  the  permanent fund  dividend                                                               
(PFD)  could be  taken to  help  pay for  restitution and/or  the                                                               
driver's  license  of  the  youth  could be  taken  away  or  the                                                               
issuance postponed.                                                                                                             
8:45:34 AM                                                                                                                    
CHAIR SEEKINS  asked Senator Guess  whether SB 10 would  make the                                                               
State of  Alaska responsible  for restitution  in the  case where                                                               
the child is a ward of the state.                                                                                               
SENATOR GUESS  said no. That language  is in current law  and was                                                               
Senator Fred Dyson's intent of four years ago.                                                                                  
CHAIR  SEEKINS felt  the state  should assume  liability if  they                                                               
assumed responsibility.                                                                                                         
SENATOR GUESS advised she would double  check and get back to the                                                               
committee.  "The difficulty  is that  if the  child doesn't  have                                                               
parents or if  they have parents that are  exempt from liability,                                                               
that $15,000  can't be recovered  any other way because  of equal                                                               
8:48:46 AM                                                                                                                    
Senator Gene Therriault joined the committee.                                                                                   
SENATOR HOLLIS  FRENCH said the  criminal justice  system's power                                                               
over a minor ends  about a year after they turn  18. He asked how                                                               
the bill  would keep the  power of the  court on the  minor after                                                               
SENATOR GUESS offered to find out and get back to the committee.                                                                
8:51:03 AM                                                                                                                    
CHAIR SEEKINS said  when a court orders restitution;  it shows up                                                               
on that person's  credit report. He asked whether  the same would                                                               
SENATOR GUESS said  it was the intent of bill  that it would once                                                               
the person  turns 18. It would  follow the same as  any debt, and                                                               
it would for the parent as well.                                                                                                
SENATOR CHARLIE  HUGGINS referred  to page  8 lines  7 and  8 and                                                               
noted  "The  schedule  must  provide  for  payments  adequate  to                                                               
fulfill the total restitution amount  before the minor reaches 18                                                               
years if age." He wondered the outcome when this doesn't happen.                                                                
SENATOR GUESS clarified  that was for the informal  action. If it                                                               
couldn't be satisfied by  age 18 it would have to  go to either a                                                               
criminal or civil action.                                                                                                       
8:54:09 AM                                                                                                                    
SENATOR FRENCH asked  the reason for not commanding  the court to                                                               
order  full  restitution and  to  allow  the court  to  apportion                                                               
between  the juvenile  and  the  parents as  the  court sees  fit                                                               
according to the facts of the case.                                                                                             
SENATOR GUESS said the extremes are  the easy cases. She made the                                                               
policy call to putting a  structure to the restitution instead of                                                               
having the courts  decide things such as negligence  of a parent.                                                               
She  said most  cases are  not black  and white.  She said  there                                                               
could be inequities when depending on the courts to decide.                                                                     
8:57:20 AM                                                                                                                    
CHAIR SEEKINS  said the  bill would strike  a balance  and should                                                               
prod parents to control the activities of their children.                                                                       
8:59:19 AM                                                                                                                    
SENATOR  GUESS asserted  many people  have strong  opinions about                                                               
the bill.                                                                                                                       
CHAIR SEEKINS asked for public testimony on SB 10.                                                                              
8:59:57 AM                                                                                                                    
MR. TONY  NEWMAN, program officer,  Division of  Juvenile Justice                                                               
(DJJ) expressed  concern related to  the sections devoted  to the                                                               
changes in  the apportioning of  restitution between  parents and                                                               
juveniles  as well  as the  revocation of  driver's licenses.  He                                                               
said  placing  restitution solely  on  youth  might decrease  the                                                               
likelihood that  restitution would get  paid. SB 10  could saddle                                                               
youth  with a  debt they  could never  repay. Another  concern is                                                               
that revoking a driver's license  would be issuing a penalty that                                                               
was  not associated  with the  crime. There  is no  evidence that                                                               
juveniles would  be less likely  to commit a crime  knowing their                                                               
driver's license would be revoked.                                                                                              
9:02:12 AM                                                                                                                    
The  DJJ has  invested heavily  in  looking at  factors that  are                                                               
linked to delinquent  behavior and have adopted  a new assessment                                                               
tool that will  help target resources and responses  to crime for                                                               
youths with  the highest likelihood  of re-offense. SB 10  has an                                                               
exemption  for taking  away the  driver's license  for those  who                                                               
need transportation  to work. He  suggested juveniles  need their                                                               
license  to  get to  appointments  with  probation officers,  and                                                               
family counseling, among other things.                                                                                          
9:03:34 AM                                                                                                                    
SENATOR FRENCH asked  the level of conviction required  to pull a                                                               
driver's license.                                                                                                               
MR.  NEWMAN said  in SB  10 it  must be  pulled for  a formal  or                                                               
informal case.                                                                                                                  
CHAIR  SEEKINS  asked  Senator  Guess   whether  it  would  be  a                                                               
discretionary or mandatory action on the part of the courts.                                                                    
SENATOR GUESS said as written now, it would be mandatory.                                                                       
SENATOR FRENCH  asked Mr. Newman  to describe the  steps required                                                               
to go through both an informal and formal adjudication.                                                                         
MR.  NEWMAN explained  when a  youth breaks  the law,  the police                                                               
forward a report  to a juvenile justice intake  officer who looks                                                               
at the  facts of the crime  and makes a determination  whether or                                                               
not  to  forward the  case  to  a court  or  to  handle the  case                                                               
informally, which means calling the  parent for a discussion. The                                                               
latter is  done generally  when the damage  is relatively  low in                                                               
value. Many cases  the family will pay to avoid  an appearance in                                                               
court.  In  fiscal year  2005  the  DJJ  gathered 97  percent  of                                                               
restitutions  ordered informally  before case  closure. When  the                                                               
damage gets into  the thousand-dollar range it is  most likely to                                                               
go to the formal level.                                                                                                         
9:06:18 AM                                                                                                                    
SENATOR  FRENCH  asked  the  court  procedures  during  a  formal                                                               
MR. NEWMAN explained  the intake officer petitions  the court and                                                               
the  court   brings  the  juvenile   in  and  the   court  orders                                                               
restitution. The  DJJ has an  arrangement with the  Department of                                                               
Law (DOL), which  has a collections unit that  is responsible for                                                               
seeing  that all  restitutions ordered  through the  formal court                                                               
process are paid.                                                                                                               
9:07:27 AM                                                                                                                    
SENATOR FRENCH noted a juvenile  would be given an attorney prior                                                               
to formal  court adjudication and  would have the  opportunity to                                                               
contest the charges.                                                                                                            
MR. NEWMAN  agreed. He said  the process is different  than adult                                                               
court in that  youth are not convicted of  specific charges. They                                                               
are either adjudicated  delinquent or not, based  on many factors                                                               
over and above the specific crime.                                                                                              
SENATOR FRENCH asked  the legal trigger for  pulling the driver's                                                               
SENATOR GUESS  corrected the  record saying that  is only  in the                                                               
formal adjudicated process in the bill.                                                                                         
9:10:43 AM                                                                                                                    
CHAIR SEEKINS held SB 10 in committee.                                                                                          
                       HB 101-SEX TOURISM                                                                                   
                 HB 148-TRAFFICKING OF PERSONS                                                                              
9:16:55 AM                                                                                                                    
CHAIR SEEKINS asked Representative Croft to introduce HB 101.                                                                   
REPRESENTATIVE ERIC CROFT, bill  sponsor, introduced the bill and                                                               
began with a description of  the problem currently facing Alaska.                                                               
He cited  part of  a speech  by President George  W. Bush  to the                                                               
United  Nations  in  September of  2003  regarding  young  people                                                               
trapped  in sex  trafficking commerce.  "Those people  who create                                                               
these victims  and profit from  their suffering must  be severely                                                               
punished.  Those who  patronize this  industry debase  themselves                                                               
and deepen  the misery  of others  and governments  that tolerate                                                               
this trade  are tolerating a  form of slavery." The  Protect Act,                                                               
signed  into law  in 2003,  makes it  a crime  for any  person to                                                               
enter the United  States or for any citizen to  travel abroad for                                                               
the purpose of sex tourism  involving children. The Department of                                                               
Justice is actively investigating  sex tour operators and patrons                                                               
who  can face  up to  30 years  in prison  under the  Trafficking                                                               
Victims Protection Act.                                                                                                         
9:20:27 AM                                                                                                                    
The  first and  most  important  step was  the  federal law  that                                                               
President Bush  referred to that makes  it a crime to  travel for                                                               
purposes of  having sex with  a child. Representative  Croft said                                                               
states  must also  act.  Alaska  has a  special  exposure to  sex                                                               
tourism due to  its vicinity of the Pacific Rim.  Hawaii passed a                                                               
law  similar  to  HB  101  making it  illegal  to  advertise  sex                                                               
tourism. The Hawaii  Legislature found that the  sex industry has                                                               
expanded  in the  past decade  and involves  the exploitation  of                                                               
persons,  particularly women  and children.  Under their  new law                                                               
they  were able  to prosecute  and  withdraw the  license from  a                                                               
Honolulu travel agency that had  placed explicit advertisement on                                                               
the  web  for  the  ultimate  Asian  sex  tour  of  Thailand.  He                                                               
recognized broad support from the religious community.                                                                          
9:23:10 AM                                                                                                                    
REPRESENTATIVE  CROFT explained  the original  bill had  both the                                                               
advertising  of   tourism  element  and  the   human  trafficking                                                               
element.  After  Representative  Kerttula introduced  HB  148  he                                                               
dropped the trafficking  element from HB 101. Late  last year the                                                               
Department  of Law  (DOL) submitted  a proposed  substitute. Both                                                               
establish a class C felony for  the conduct. He stated the reason                                                               
he did  not adopt the DOL  suggestion was because it  was offered                                                               
so late  in the  previous session.  He also  wanted to  make sure                                                               
that the bill was not too narrow.                                                                                               
9:26:43 AM                                                                                                                    
CHAIR SEEKINS asked whether the  DOL's "draft A" was a substitute                                                               
for the entire language of the bill.                                                                                            
REPRESENTATIVE CROFT said yes.                                                                                                  
CHAIR  SEEKINS asked  Representative Croft  whether he  supported                                                               
draft A or wanted to retain his original bill.                                                                                  
REPRESENTATIVE CROFT  said he would  prefer to put it  before the                                                               
Senate  Standing  Judiciary  Committee  to  adopt  the  preferred                                                               
CHAIR  SEEKINS  noted  Ms.  Anne   Carpeneti's  flight  was  late                                                               
arriving and he could not verify  whether she would make it in to                                                               
comment on behalf of the DOL.                                                                                                   
SENATOR  HUGGINS  asked  Representative   Croft  to  explain  the                                                               
magnitude of difficulties with the issue in Spenard.                                                                            
REPRESENTATIVE CROFT said it was  significant during the pipeline                                                               
days  and  is better  now,  but  the  bill  deals with  a  global                                                               
problem. HB 101 deals with  people who advertise the conduct that                                                               
allows people  to fly oversees  for commercial sex. HB  148 would                                                               
deal with people who traffic persons into the state.                                                                            
9:31:05 AM                                                                                                                    
SENATOR HUGGINS commented  on the maturation of  the sex industry                                                               
in Thailand.                                                                                                                    
SENATOR  GUESS   asked  Representative   Croft  to   explain  the                                                               
difference  in dealing  with Alaska  companies  who advertise  in                                                               
Alaska and companies from other states that advertise in Alaska.                                                                
REPRESENTATIVE CROFT  said Alaska law could  establish how Alaska                                                               
businesses operate but  it is difficult to try  and regulate what                                                               
is on the Internet.                                                                                                             
SENATOR GUESS  asked whether a Nebraska  business could advertise                                                               
in Alaska and whether an  Alaska business could advertise outside                                                               
of the state.                                                                                                                   
REPRESENTATIVE CROFT did not know.                                                                                              
9:35:42 AM                                                                                                                    
SENATOR  GUESS noted  a  business  could get  around  the law  by                                                               
SENATOR FRENCH guessed it would be  up to the process of the law.                                                               
An Alaska  judge could issue a  warrant for the crime  of selling                                                               
or advertising  in the state. If  the person lives in  Alaska and                                                               
commits the  crime somewhere  else then it  would be  a different                                                               
SENATOR  HUGGINS  asked  Representative Croft  whether  the  bill                                                               
addresses floating vessels.                                                                                                     
REPRESENTATIVE   CROFT  said   the   Legislature  had   clarified                                                               
jurisdiction in territorial waters  for crimes committed there. A                                                               
brochure  on a  cruise  ship  inside of  three  miles would  fall                                                               
within Alaska jurisdiction.                                                                                                     
9:39:03 AM                                                                                                                    
CHAIR SEEKINS  asked for a current  example of an act  that would                                                               
break the proposed law.                                                                                                         
REPRESENTATIVE  CROFT did  not  have  one. He  said  there are  a                                                               
significant amount of  Alaska citizens who travel  out of country                                                               
to engage in  the business. Identifying exactly who or  how it is                                                               
advertised  is  difficult  because  it is  an  underground  deal.                                                               
Looking at  the supply side  gives a person  an idea of  how many                                                               
people support the industry.                                                                                                    
CHAIR SEEKINS  noted that Mr.  Chip Wagoner signed up  to testify                                                               
on both  HB 101  and HB  148. He  asked Mr.  Wagoner to  hold his                                                               
testimony until HB 148 was introduced.                                                                                          
CHAIR SEEKINS asked Representative Kerttula to introduce HB 148.                                                                
9:41:06 AM                                                                                                                    
REPRESENTATIVE BETH  KERTTULA, bill  sponsor, introduced  HB 148.                                                               
She reiterated  earlier comments  from Representative  Eric Croft                                                               
saying that human trafficking is  a horrendous crime and a modern                                                               
form of  slavery and also a  global problem as well  as an Alaska                                                               
problem.  President George  W. Bush  and  the federal  government                                                               
have encouraged  the states to  enact legislation to  address the                                                               
crime. The bill was crafted with  the Department of Law (DOL). It                                                               
addresses the specific crime of  bringing women and children into                                                               
the state and forcing them into forced labor or sexual activity.                                                                
9:44:15 AM                                                                                                                    
MR.  CHIP  WAGONER,  Executive  Director,  Alaska  Conference  of                                                               
Catholic Bishops,  testified on both HB  101 and HB 148.  He said                                                               
both bills are very short in  length but contain a huge principal                                                               
of  Catholic social  doctrine.  The principal  is  that each  and                                                               
every  person  has human  dignity  deserving  of recognition  and                                                               
reverence.  Sadly this  is  not  the case.  Half  of the  world's                                                               
population lives on  less than $2 a day. One  billion people live                                                               
in urban  slums and 30 million  people die yearly due  to hunger.                                                               
People in  desperate states are  vulnerable and subject  to prey.                                                               
The  most recent  report from  the  Vatican noted  more than  800                                                               
million children  around the world  are victims  of malnutrition,                                                               
disease, trafficking, and other  forms of exploitation. More than                                                               
50  million  children  are  born  every year  who  are  not  even                                                               
registered, leaving  them open to  a lifetime of  exploitation as                                                               
their existence is  unknown even by their  own governments. Human                                                               
trafficking involves  more than a  million children each  year in                                                               
what   has  become   a  $1.2   billion  dollar   business.  Human                                                               
trafficking  has  been  noted  as  the  second  largest  criminal                                                               
activity in the world today and the fastest growing.                                                                            
9:48:02 AM                                                                                                                    
While human trafficking is a worldwide  issue, it is a problem in                                                               
this  country as  well.  The United  States  Department of  State                                                               
estimates  that  18-20,000  victims   are  trafficked  across  US                                                               
borders each year.  The Center for Women  Policy Studies believes                                                               
the number is  closer to 100,000. The  Alaska Catholic Conference                                                               
supports both  HB 101 and  HB 148. More  can be done  though. For                                                               
example California  recently passed a comprehensive  28-page bill                                                               
that  enables a  victim of  human  trafficking to  bring a  civil                                                               
action  for  actual  damages.   Connecticut  recently  adopted  a                                                               
statute   that  created   an  interagency   task  force   on  the                                                               
trafficking  of persons.  He said  victims  should be  encouraged                                                               
victims to come  forward without fear of deportation.  There is a                                                               
vast difference  between illegal  immigration and people  who are                                                               
brought to  the US against  their will or  on the basis  of false                                                               
9:50:08 AM                                                                                                                    
CHAIR SEEKINS asked for discussion among members.                                                                               
SENATOR GUESS  asked Representative  Kerttula to give  an example                                                               
of human trafficking in the second degree.                                                                                      
REPRESENTATIVE KERTTULA  explained there are different  states of                                                               
mind  in   criminal  law.   There  are   intentional,  negligent,                                                               
reckless, and knowingly. HB 148  seeks to separate the punishment                                                               
accordingly. A  strip club owner  who saw  what was going  on and                                                               
chose to  ignore it would  be second level  or reckless. It  is a                                                               
lesser  crime  with lesser  punishment  but  the behavior  should                                                               
still be criminalized.                                                                                                          
SENATOR  GUESS  asked  whether  something  could  be  done  about                                                               
deportation at the state level.                                                                                                 
REPRESENTATIVE   KERTTULA   said   the  federal   government   is                                                               
addressing  that.   The  next  stage  in   development  in  anti-                                                               
trafficking on the federal level  has included special visas that                                                               
women who  are victims  of trafficking can  apply for.  The first                                                               
step is to criminalize trafficking on  a state level and the next                                                               
step  would be  to  develop a  task force  or  do something  with                                                               
social services. Anchorage  has a federal grant to be  able to do                                                               
work on the issue.                                                                                                              
9:55:03 AM                                                                                                                    
SENATOR GUESS advised  the members that the  effective date would                                                               
need to  be changed on page  2. She asked members  to consider an                                                               
immediate effective date.                                                                                                       
CHAIR SEEKINS announced a brief recess at 9:55:51 AM.                                                                         
10:02:51 AM                                                                                                                   
MS.   ANNE  CARPENETI,   Assistant  Attorney   General,  criminal                                                               
division, Department of Law (DOL) introduced herself.                                                                           
CHAIR  SEEKINS  advised  Ms. Carpeneti  that  the  committee  was                                                               
looking at both HB 101 and HB 148  at the moment. He asked her to                                                               
look at HB  101 and advise the committee of  the rationale behind                                                               
DOL's Draft A.                                                                                                                  
MS.  CARPENETI advised  it is  tighter and  narrower. The  DOL is                                                               
concerned  that  promoting  travel  for the  purpose  of  another                                                               
person engaging in acts of  prostitution might cover activity the                                                               
DOL would  not be looking  to cover, such  as the cab  driver who                                                               
takes a person  to a place where the driver  knows commercial sex                                                               
might be available.                                                                                                             
10:06:10 AM                                                                                                                   
REPRESENTATIVE  CROFT said  on reflection,  he  would prefer  the                                                               
Draft A  version submitted by  the DOL. It  is not the  intent of                                                               
the bill to include an airline or a taxicab company.                                                                            
CHAIR  SEEKINS asked  the penalty  for promoting  prostitution in                                                               
the second degree as compared to promoting sex tourism.                                                                         
10:09:04 AM                                                                                                                   
MS. CARPENETI advised both penalties are a class C felony.                                                                      
CHAIR SEEKINS  asked whether  there is a  reason to  separate the                                                               
crimes versus utilizing the existing statute.                                                                                   
REPRESENTATIVE CROFT said  the enticement language in  Draft A is                                                               
cleaner and,  all things being equal  it makes more sense  to put                                                               
it within the existing statute rather than create new law.                                                                      
CHAIR  SEEKINS said  it was  the  habit of  the Senate  Judiciary                                                               
Committee to try to utilize  existing statute as much as possible                                                               
rather than to create new crimes.                                                                                               
SENATOR FRENCH agreed.                                                                                                          
10:12:28 AM                                                                                                                   
CHAIR SEEKINS asked for further  testimony. Seeing none, he asked                                                               
for discussion among committee members.                                                                                         
Senator French moved  Amendment 1 to HB 101.  Strike the language                                                               
in version  F.A completely and replace  it with Draft A  from the                                                               
DOL. Hearing no objections, the amendment was adopted.                                                                          
10:14:05 AM                                                                                                                   
SENATOR  GUESS moved  Amendment 2  to  HB 101.  Add an  immediate                                                               
effective date to the bill.  Hearing no objections, the amendment                                                               
was adopted.                                                                                                                    
10:14:05 AM                                                                                                                   
CHAIR SEEKINS asked Ms. Anne Carpeneti to comment on HB 148.                                                                    
MS.  ANNE CARPENETI,  Assistant Attorney  General, Department  of                                                               
Law  (DOL),  testified the  DOL  has  worked with  Representative                                                               
Kerttula  on the  bill  and  the DOL  fully  supports  it in  its                                                               
current form.                                                                                                                   
10:15:41 AM                                                                                                                   
SENATOR GUESS moved  Amendment 1 to HB 148 to  make the effective                                                               
date  immediate.   Hearing  no  objections,  the   amendment  was                                                               
CHAIR SEEKINS held HB 101 and HB 148 in committee.                                                                              
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 10:16:39 AM.                                                                           

Document Name Date/Time Subjects