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.

4 – Public Solicitation

Maintain existing laws regarding public solicitation with the following allowable provisions:

4a - Internet advertising - may include independent web sites and ad-malls.  Front page of sites must be a non-offensive and non-explicit warning page and must state that site contains content of a sexual or adult nature.  Admission past the warning page must be controlled to insure, within reason, that only adults may enter.  Ad-Malls or other protected sites may link directly to a secondary front-page, bypassing the warning page.

4b - Newspaper and phone directory advertising - may be classified under escort or massage services and may be further sub-classified as ‘Sensual’ to distinguish between those that offer sexual services and those that do not.  Publishers maintain a right to limit, or not carry at all, advertisements for prostitution and related services.  Advertisements may not be explicit.

4c - Zoning - Individual communities should be given latitude in state and county laws to create legal prostitution tolerance zones or ‘red light districts’.  Some level of street activity will likely take place regardless of the legalization of more private activities, particularly in larger cities no matter what regulations are enacted or loosened.  


5 – Operation of a Bawdy House (Brothel).

Common Operations – Individual communities should also be given latitude to allow providers to operate in a shared facility.  While many providers prefer to operate completely independently some may prefer to share an in-call facility for both economic and safety reasons.


6 - Establishment of Benefit Cooperatives, Service Agencies, and Ad Malls.

Should be allowed within guidelines.  To insure that no one entity can exert undue control over any provider these 3 services must remain independent of each other, may not establish business relationships between each other, may not offer combined services, and may not place any requirements on SSP’s or clients with regard to the use of others.  EG, a Service Agency may not offer the services provided by a cooperative or an ad mall, may not have any relationship with them, and may not establish a requirement or make a recommendation on the use of them.

Benefit Cooperatives may be established to provide insurance, pension/401k, counseling, and other general employment benefits.

Service Agencies that provide call handling, screening, and safety check-in services as a vendor to independent providers should be allowed, but under strict regulation to insure that they exert no undue influence or control over the providers.  Agencies are required to maintain a standardized list of services and rates on their website and services and rates offered may not vary from those published.  For any changes to services and rates the agency must post a notice on their site 90 days prior to changes taking effect.  Notice must include explicit detail of changes, notice of any grandfathering, and the date on which changes will take effect.  There may be no business relationship between agency and providers other than as established via posted services.  Agencies may not employ providers or offer any services beyond call handling, screening, or safety check-in.

SA’s may not advertise their services to the general public or to prostitution clients directly.

Ad-Malls may offer general advertising services including web development and hosting, print (newspaper, magazine, phone directories) development and placement, and may also provide discussion boards.



Committees – It is recommended that communities establish committees comprised of representatives including 2 law enforcement, 2 providers, 2 service agency, and 3 citizens.

It may be advisable for initial laws to have a sunset provision of 7 years.  This will provide enough time for the industry and citizens to adjust to the new laws and for an analysis of the impact of the laws to be performed.  Sunseting will provide a safety outlet for those who are concerned that the laws will have more of a negative impact than positive.  This will also provide a comfort zone for politicians allowing them to vote affirmatively.

What you are proposing is worse that what we have now.  First of all child prostitution and pimping are completely different laws than anti prostitution laws.  So why even mention them in your proposal.  Who is gods name would want the government to regulate what they do for sexual entertainment?  The only change that would be for the better is if escorting was taken out of the current anti prostitution laws, by simply describing the elements of prostitution without mentioning escorting.  Decriminalization means there is no law against doing a particular thing.  E.g. wearing tennis shoes on Sunday morning is not legal, but it is not illegal either.  What we want is to have escorting neither legal nor illegal.  No licenses, red light districts, health cards, etc.  The whole idea is to get the police and government out of our personal sex lives.  I wish you would pay attention to rodmewell, sidone, Dr. OBGYN, and some of the others who seem to know what they are talking about.    

-- Modified on 7/9/2003 9:36:43 PM

This is not my proposal, it's a draft being discussed by several legislators.  

The preamble info such as child prostitution and pimping are mentioned early to insure that people quickly reading through drafts and working on revisions know that information.  It may or may not remain in the bill through passage but does not become part of the law.

I have no problems with you, sideone, or Dr. Obgyn.  Rodmewell's statements were incorrect and I corrected him.  Alot of changes are likely to take place over the next few years.  We can piss on each other and loose the war or we can debate the issues in a professional manner and come out well.

Now, you and I can hope for pure decrim all we want, but it ain't gonna happen in most states.  Governments like to control things and I can assure you that in this case they will.  Our best option is to remain knowledgable about whats happening when and where, discuss the issues here in a professional manner, educate the public and legislators about the issues, and work with the legislators, county boards, and city councils to mold the best system possible.  It will be a compromise, and in several states a huge compromise, of what we really want, but it will be better than if we don't do anything at all.

JTH


-- Modified on 7/10/2003 8:44:38 AM