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Legislative Briefs: Bills targeting loitering, pornography and human trafficking move forward

Alabama House approves cutting sales tax from hearing aids

The Alabama House approved a bill Thursday that would see state sales tax on hearing aids and other hearing instruments removed.

“My constituent called me this summer when he bought a hearing aid; when he went to go check out, although his hearing aid was covered by his health insurance, he owed $1,000 in sales tax,” said Rep. Margie Wilcox, R-Mobile, the bill’s sponsor. 

“Can you imagine how much that puts that out of reach? I’m sure that you all are just as shocked as I am that Alabama taxes are seniors and our disabled.”

Wilcox was hoping to push the cost savings for the elderly and hearing impaired further, and proposed a substitute on the House floor that would also restrict cities and counties from collecting sales taxes on hearing aids.

Several lawmakers, however, spoke against the proposal, including Rep. Danny Garrett, R-Trussville, who said the Legislature should “be very careful if we want to start meddling in local affairs.”

Rep. A.J. McCampbell, D-Demopolis, also voiced concerns with Wilcox’s substitute, warning her that the Legislature would be “headed down a slippery slope when we start trying to take taxes from the local people.”

Wilcox’s substitute failed but the original version of the bill focused on removing the state sales tax received unanimous approval.

 

‘Pornography ID law’ advances in Alabama House

A bill that would require websites hosting pornographic content to verify the age of Alabamians before granting access saw approval Thursday in the Alabama House. Sponsored by Rep. Ben Robbins, R-Sylacauga, the bill is similar to a proposal made last year by Rep. Susan DuBose, who joined onto the bill as a co-sponsor. 

Under House Bill 164, pornographic websites would not only be required to verify those viewing are 18 or older before granting access, but would also have to place warning labels on their websites about social risks and harm of pornography and acquire written consent from those who appear on the site.

The proposal would make it a Class A misdemeanor for companies hosting pornographic websites to feature those who hadn’t provided written consent. Companies would also be prohibited from retaining identifying information of Alabamians, and would be liable for damages were they to retain said information.

A tax of 10% would also be imposed on companies hosting pornographic websites based in Alabama, new state revenue that would be directed toward the Alabama Department of Mental Health for the treatment of those with behavioral health needs.

The bill ultimately saw approval by the House with a vote of 101-1, with Rep. Debbie Wood, R-Valley, being the lone no vote. After its passage, 36 other House members also signed onto the bill as co-sponsors.

 

House approves measure to crackdown on online prostitution

Alabama House members approved a bill Thursday that its sponsor said will help crackdown on advertisements for sexual services posted either online or in print.

House Bill 79, sponsored by Rep. Juandalynn Givan, D-Birmingham, would amend existing law as it relates to human trafficking – a Class b felony, punishable by up to 20 years in prison – to include those who advertise sexual services.

The classified advertising website Backpage, which has been accused by the U.S. Department of Justice of facilitating human trafficking and prostitution, today hosts several advertisements for sexual services in Alabama. While such services are currently illegal under state law, Givan’s bill would simply include the act of advertising for such services to the statute, making it a Class B felony.

With no opposition, the bill saw unanimous approval in the House.

 

Bill prohibits loitering near interstate ramps

The Alabama Senate on Thursday passed, Senate Bill 89, which states it is unlawful to loiter  within 30 feet of any highway interchange.

Loitering on state maintained roadways is already against the law, but Sen. Rodger Smitherman, D-Birmingham, said his bill is needed to target people blocking traffic, often asking for money, at interchanges in his area.

He explained that this bill prohibits people from being on the exit ramp, holding up traffic
for solicitation purposes.

“When you get to Green Spring Avenue (off I-65) you come over that hill and you will see that you have to stop because you have people at the end of the ramp stopping people,” Smitherman said on the Senate floor.

“It’s a safety hazard,” he said.

Loitering is a Class C misdemeanor. The bill now moves to the House.

 

Threatening judge, staff a terrorist threat under bill

The Senate also approved Thursday Senate Bill 34 by Sen. Rodger Smitherman, R-Birmingham, that says a person commits the crime of making a terrorist threat if they threaten a sitting judge or his or her staff.

State law already considers terrorist treats any threats of violence or damage at schools, churches and government entities that cause disruptions. It also already covers witnesses in judicial matters.

Making terrorist threats is a Class C felony.

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