Thought some might be interested in this legislative strawman which is kindof like a pre-bill.  It sets out the basic ideas and structure and is then modified to become the bill that is presented to a committee who modifies more before sending to a body.  This is the most onerous of the ones I've seen.

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Option 3 – Legalization

Overview - Recommendation is that sexual service providers (SSP) be allowed to operate as independent self-employed agents.  Child prostitution will remain illegal.  Sexual Service Providers will be required to obtain periodic health checkups.  Public Solicitation (Street prostitution) and operation of prostitution agencies and/or brothels will be illegal, but with provisions to allow individual municipalities to allow for these activities at their discretion and under their control.  

Laws should be enacted in such a way that any compliance related costs are born by private industry and that no further government agencies are created or expanded in scope.  EG, oversight of the industry should be largely based on commerce laws already enacted.

- Law enforcement nationwide would be expected to save, or to redirect to other areas, an estimated $1.1 billion that is spent annually to investigate and prosecute elements of prostitution that would be made legal under this proposal.  
- Enforcement would continue and/or increase with regard to child prostitution, streetwalking, pimping and related activities.


1 – Repeal Current anti-prostitution laws except those regarding child prostitution.


2 – Enslavement and Living off the proceeds (Pimping).

The purpose of this section is to eliminate or reduce the ability of an individual to force another individual into prostitution against their will or to otherwise exert control over them.  A significant problem however is that most or all attempts at doing so would also prohibit a sexual service provider from marrying or living with a significant other – a violation of both of their civil rights.  The establishment of a legal prostitution industry should have a significant natural impact on reducing unwanted activities.  Recommendation is that no laws be enacted specific to pimping and that current laws (enslavement, kidnapping, etc.) be used where prosecution is necessary.


3 – Health Checkups

Purpose is to reduce the spread of sexually transmitted infections and diseases.  This law should require all health clinics to provide anonymous testing and should require all SSP’s to be tested monthly and carry a card indicating such.  SSP’s may, at their option, require their clients to have a similar card indicating sexual health.  A problem with this requirement is that many SSP’s and clients do not want their legal name made public.  Similarly, it’s in the best interests of all of society that testing be easily and confidentially available.  Thus the law may require all health clinics to provide confidential testing based on an assigned number (as some do already).  For minimal ID purposes the health clinic must also include the Assigned number, Height, Weight, Hair Color, and Eye Color of the patient in their records and on the card.  

At their discretion clinics may provide and advertise optional enhanced services such as holographic authenticated (insures card is from that clinic, likely using a clinic logo) cards or picture ID included on card.  SSP’s should not be prohibited (nor required) from including certification information on their website or other advertising.

3a – All health clinics should be required to provide both anonymous and ‘registered-confidential’ testing of sexually transmitted diseases, must accept payment in cash, and must provide a certification card with information matching a record maintained by the clinic.  Either card may also include a holographic authentication at the option of the clinic.  Either card may also include a photo of the patient at the discretion of the patient and if offered as an option by the clinic.  Photo must be taken by the clinic to insure authenticity.

Card 1A – Anonymous - Card will include the name and phone number of the clinic, anonymous patient ID number, patient vitals at time of testing (height, weight, eye color, and physical gender), a listing of tests performed, date of most recent test performed and documented by that clinic, and positive/negative results for each test.  Clinics may not ask for or require patient to provide any further identifying information.  If the patient is a known patient at the clinic the clinic must maintain a separate file identified by the anonymous patient ID number only.  There can be no link between the anonymous file and the patient’s clinic file that does include identifying information.

Card 2A – Registered-Confidential - Same as Card 1A except that clinic records will also include the patient’s legal name as listed and verified by the clinic on a drivers license or state identification card.  This file may, at the discretion of the clinic, be kept in common with other files for this patient.  Card will not include the name of the patient except at the patient’s discretion.

3b - SSP should be required to obtain a 2A health certification at least every 90 days.  Certification will require testing for common sexually transmitted diseases including but not limited to HIV/AIDS, Herpes, HPV, [Osterholm?].  SSP should be required to carry a certification card with them indicating the date of their most recent testing.

3c - Penalty for 1st offence of not having a certification or card should be limited to a warning.  Penalty for less than a month overdue should be limited to a warning unless more than 3 warnings are accumulated in a 12 month period.  Penalty for forgery of a card or of testing information should be similar to forging a driver’s license.