2016-07-11                     House Journal                      Page 3163
HB 5006                                                                                                                       
HOUSE BILL NO. 5006 by the House Rules Committee by request of                                                                  
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act repealing certain elements of the crime of sex trafficking                                                         
     in the third degree; repealing certain elements of the crime of sex                                                        
     trafficking in the fourth degree; and providing for an effective                                                           
     date."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
The Governor's transmittal letter dated July 11, 2016, follows:                                                                 
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill to address recently enacted                                                              
provisions related to the crime of sex trafficking.                                                                             
                                                                                                                                
This year, the Legislature passed, and I signed into law, an important                                                          
bill to reform our criminal justice system. This bill is now law as                                                             
chapter 36, SLA 2016. Overall, the new law is a much-needed                                                                     
improvement to our criminal justice system. Among other measures,                                                               
the bill limits prosecution of prostitution and redefines certain                                                               
elements of sex trafficking in the third degree and the fourth degree.                                                          
Two of the changes made by the bill may have the unintended                                                                     
consequence of allowing a person to operate a place of prostitution if                                                          
the person claims that they themselves also practiced prostitution in                                                           
the same location. Accordingly, I propose the repeal of those two                                                               
provisions (sections 39 and 40, chapter 36, SLA 2016) in order to                                                               
eliminate possible confusion over the effect of the provisions and to                                                           
allow time for the administration and the Legislature to work together                                                          
to propose alternate language for consideration in the next regular                                                             
legislative session to better address the intent behind redefining sex                                                          
trafficking in the third and fourth degree.                                                                                     

2016-07-11                     House Journal                      Page 3164
Without this repeal, there would be confusion over what constitutes                                                             
sex trafficking in the third degree and in the fourth degree. In order to                                                       
provide protections for persons subject to trafficking, yet not allow a                                                         
loophole for persons engaged in sex trafficking, sections 39 and 40,                                                            
chapter 36, SLA 2016 should be repealed. My bill does that, but leaves                                                          
the other provisions of chapter 36, SLA 2016 in place.                                                                          
                                                                                                                                
I appreciate your consideration of this issue, and urge your prompt and                                                         
favorable action on this measure.                                                                                               
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"