00 Enrolled SB 12 01 Relating to human trafficking; relating to sex tourism; relating to procurement from a person 02 conducting business in or having headquarters in countries that support or ignore slavery and 03 trafficking in persons; and providing for an effective date. 04 _______________ 05 * Section 1. AS 11.41 is amended by adding new sections to read: 06 Sec. 11.41.310. Human trafficking in the first degree. (a) A person commits 07 the crime of human trafficking in the first degree if the person compels or induces 08 another person to come to this state to engage in sexual conduct, adult entertainment, 09 or labor in the state by force or threat of force against any person, or by deception. 10 (b) In this section, 11 (1) "adult entertainment" means the conduct described in 12 AS 23.10.350(f)(1) - (3); 13 (2) "deception" has the meaning given in AS 11.46.180; 14 (3) "sexual conduct" has the meaning given in AS 11.66.150. 01 (c) Human trafficking in the first degree is a class A felony. 02 Sec. 11.41.315. Human trafficking in the second degree. (a) A person 03 commits the crime of human trafficking in the second degree if the person obtains a 04 benefit from the commission of human trafficking under AS 11.41.310, with reckless 05 disregard that the benefit is a result of the trafficking. 06 (b) Human trafficking in the second degree is a class B felony. 07  * Sec. 2. AS 11.66.120(a) is amended to read: 08 (a) A person commits the crime of promoting prostitution in the second degree 09 if the person 10 (1) manages, supervises, controls, or owns, either alone or in 11 association with others, a prostitution enterprise other than a place of prostitution; 12 [OR] 13 (2) procures or solicits a patron for a prostitute; or  14 (3) offers, sells, advertises, promotes, or facilitates travel that  15 includes commercial sexual conduct as enticement for the travel; in this  16 paragraph, "commercial sexual conduct" means sexual conduct for which  17 anything of value is given or received by any person.  18  * Sec. 3. AS 36.30.020 is amended to read: 19 Sec. 36.30.020. Legislature. The legislative council shall adopt and publish 20 procedures to govern the procurement of supplies, services, professional services, and 21 construction by the legislative branch. The procedures must be based on the 22 competitive principles consistent with this chapter and must be adapted to the special 23 needs of the legislative branch as determined by the legislative council. The  24 procedures must contain provisions for prohibiting procurement from a person  25 that has headquarters in a country listed in Tier 3 of the most recent Trafficking  26 in Persons Report published by the United States Secretary of State under 22  27 U.S.C. 7107(b)(1)(C). The procedures may contain provisions for restricting  28 procurement from a person that conducts business in but does not have  29 headquarters in a country listed in Tier 3 of the most recent Trafficking in  30 Persons Report published by the United States Secretary of State under 22 U.S.C.  31 7107(b)(1)(C). The procedures must be consistent with the provisions of 01 AS 36.30.080(c) - (e) and 36.30.085. Notwithstanding the other provisions of this 02 section, the legislative agencies subject to the legislative council's regulations shall 03 comply with AS 36.30.170(b). 04  * Sec. 4. AS 36.30.030 is amended to read: 05 Sec. 36.30.030. Court system. The administrative director of courts shall 06 adopt and publish procedures to govern the procurement of supplies, services, 07 professional services, and construction by the judicial branch. The procedures must be 08 based on the competitive principles consistent with this chapter and must be adapted to 09 the special needs of the judicial branch as determined by the administrative director of 10 courts. The procedures must contain provisions for prohibiting procurement  11 from a person that has headquarters in a country listed in Tier 3 of the most  12 recent Trafficking in Persons Report published by the United States Secretary of  13 State under 22 U.S.C. 7107(b)(1)(C). The procedures may contain provisions for  14 restricting procurement from a person that conducts business in but does not  15 have headquarters in a country listed in Tier 3 of the most recent Trafficking in  16 Persons Report published by the United States Secretary of State under 22 U.S.C.  17 7107(b)(1)(C). The procedures must be consistent with the provisions of 18 AS 36.30.080(c) - (e) and 36.30.085. Notwithstanding the other provisions of this 19 section, the judicial branch shall comply with AS 36.30.170(b). 20  * Sec. 5. AS 36.30.040(a) is amended to read: 21 (a) The commissioner shall adopt regulations governing the procurement, 22 management, and control of supplies, services, professional services, and construction 23 by agencies. The regulations must contain provisions for prohibiting procurement  24 from a person that has headquarters in a country listed in Tier 3 of the most  25 recent Trafficking in Persons Report published by the United States Secretary of  26 State under 22 U.S.C. 7107(b)(1)(C). The regulations may contain provisions for  27 restricting procurement from a person that conducts business in but does not  28 have headquarters in a country listed in Tier 3 of the most recent Trafficking in  29 Persons Report published by the United States Secretary of State under 22 U.S.C.  30 7107(b)(1)(C). The commissioner may audit and monitor the implementation of the 31 regulations and the requirements of this chapter with respect to using agencies. 01  * Sec. 6. This Act takes effect July 1, 2006.