Legislature(2005 - 2006)BUTROVICH 205
01/25/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB10 | |
| HB101 || HB148 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 101 | TELECONFERENCED | |
| + | HB 148 | TELECONFERENCED | |
| + | HJR 9 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 10 | ||
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
version.
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
relocating.
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
story.
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
promises.
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
adopted.
CHAIR SEEKINS held HB 101 and HB 148 in committee.
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