Legislature(2005 - 2006)
04/22/2005 02:48 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB53 | |
| HB12 | |
| HB7 | |
| HB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 101
An Act relating to sex trafficking and tourism.
REPRESENTATIVE CROFT, SPONSOR, pointed out that in his
address to the United Nations General Assembly in September
2003, President George W. Bush called the sex trafficking of
people "a special kind of evil in the abuse and exploitation
of the most innocent and vulnerable." HB 101 attacks that
problem at two fundamental economic stages.
· It targets those who traffic people for the purposes
of forcing them into commercial sex acts; and
· It targets the industries that create the demand for
the horrible acts by offering "sex tours" and other
promises of sex to Alaskan clients.
Because much of the illegal sex trafficking and sex tour
activity happens overseas, the most direct way for Alaska to
help eradicate the black market industry is to limit the
demand for such despicable acts. HB 101 addresses those
that promote, organize or otherwise market commercial sex
tours and travel services by making the activities
punishable to the same degree as sex trafficking itself.
Representative Croft continued, recent studies by the
University of Pennsylvania and the U.S. Department of State
on the prevalence of sex trafficking and sex tours both
nationally and globally, shows an astounding number of
children each year fall victim to this heinous industry. It
is important to do our part to end that abuse and
exploitation of our world's most vulnerable children.
HB 101 would make Alaska part of the solution and not part
of the problem.
5:37:43 PM
Representative Holm asked if this type activity was
happening in the United States.
Representative Croft referenced a study from the University
of Pennsylvania on commercial and sexual exploitation. It
is a growing problem happening around the world. He pointed
out that the numbers of occurrences indicates that there is
advertising. He wanted to make sure that advertising
agencies know they cannot respond to requests for
information regarding sex trafficking.
5:40:42 PM
In response to comments by Representative Kelly,
Representative Croft agreed that advertising is not
currently happening in Alaska, but that Alaskans do travel
for such purposes.
Representative Kelly remembered sexual practices during the
height of the pipeline construction and questioned if the
legislation could address issues now with the gas line
coming forth.
5:42:26 PM
Representative Croft stated the legislation addresses the
advertisement of prostitution.
Representative Hawker asked how the legislation would affect
out-of-state Internet advertising, and if the bill would
hold harmless the infrastructure providers. Representative
Croft explained that the House Judiciary Committee inserted
the phrase "for the purpose of".
5:45:35 PM
Representative Croft noted that the infrastructure of he
Internet is not liable for pornography sites.
In response to a question by Vice-Chair Stoltze,
Representative Croft explained that it would prohibit a
flyer advertising activities where prostitution was legal.
Since it is illegal in Alaska, it should be illegal to
advertise in Alaska.
5:48:30 PM
Representative Hawker asked if there could be interstate
commerce concerns. Representative Croft concluded that it
would be criminal conduct in Alaska. He acknowledged that
there could be legal challenges, but emphasized that the
State's actions should not be held to the lowest moral
calendar. He maintained that it is not clearly or even
likely to be unconstitutional and felt that a constitutional
case would be won by the State.
5:50:56 PM
Representative Croft stressed that the use of younger
persons are the worst cases. He noted that there has been
discussion on penalty levels and felt it should be
classified as a Class C felony.
Vice-Chair Stoltze asked if there could be a higher
threshold for those acts directed toward children.
5:53:35 PM
Representative Holm spoke in support of the legislation. He
noted that Americans are traveling to other countries for
these purposes, but there is no indication that the
practices are occurring stateside. He questioned how
Alaskan law could affect situations here.
Representative Croft explained that the viewer would not be
selling the service. The individual would have to be
providing a service.
Representative Croft observed that prostitution does occur
in America, noting concerns with child pornography.
5:58:43 PM
In response to a question by Vice-Chair Stoltze,
Representative Croft referred to brothel tours and how they
would be covered through the proposed legislation.
Traveling for commercial sex acts would be included.
Vice-Chair Stoltze MOVED to REPORT CSHB 101 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 101 (JUD) was reported out of Committee with a "do
pass" recommendation and with zero note #1 by the Department
of Administration, zero note #2 by the Department of
Corrections, zero note #3 by the Alaska Court System, zero
note #4 by the Department of Law and zero note #5 by the
Department of Public Safety.
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