Legislature(2007 - 2008)HOUSE FINANCE 519
04/02/2008 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB353 || HB 353 | |
| HB 368 | |
| SB216 || SB 216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 216 | TELECONFERENCED | |
| + | SB 241 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 368 | TELECONFERENCED | |
| += | HB 281 | TELECONFERENCED | |
| += | HB 353 | TELECONFERENCED | |
HOUSE BILL NO. 353
"An Act relating to the blocking of certain Internet
sites at public libraries and to library assistance
grants."
Co-Chair Meyer summarized the history of the bill in
committee and invited amendments.
8:44:54 AM
Representative Kelly MOVED to ADOPT Amendment #1, 25-
LS1356\E.1, Bannister 4/1/08 (Copy on File):
Page 2, lines 6-7:
Delete all material and insert:
(2) "public library" means a library that
(A) provides the following services free of
charge to members of the public:
(i) establishment and maintenance of a
collection of books and other materials
for loaning;
(ii) access to interlibrary loan
services;
(iii) reading or other educational
programs for children;
(iv) reference information; and
(B) is not operated by or affiliated with
the University of Alaska."
Vice-Chair Stoltze OBJECTED.
Representative Kelly explained that the committee adopted
the original version of HB 353, which includes the
University. The amendment removes the University of Alaska
from the requirement for a library filter.
Representative Hawker commented that the amendment allows
government to exempt itself from the laws imposed on the
rest of the community.
Representative Gara pointed out that the university wants
to be exempted for the same reason as small libraries:
because it is expensive. He emphasized the difficultly
monitoring computers as outlined in the bill due to
staffing. He did not support the amendment and felt that
the provision needed to have the language from the CS 353
(STA) or something that addresses costs to the library.
8:47:17 AM
Vice-Chair Stoltze disagreed with Representative Gara
interpretation of the amendment. Exempting the university
addresses the fact that there is an adult population using
the university library.
Representative Kelly maintained that the cost to smaller
libraries would be less because of less expensive software.
8:48:27 AM
JIM POUND, STAFF, REPRESENTATIVE WES KELLER, agreed with
Representative Kelly and reported that downloading the
program for the filter takes about 15 minutes.
Representative Gara noted that smaller libraries with only
part-time staff and without high-speed internet would have
more difficultly downloading software.
Vice-Chair Stotlze reminded the committee that the
amendment was about the University of Alaska exclusion.
8:49:43 AM
Representative Kelly responded that anything that can be
downloaded can also be purchased on CD.
Representative Hawker asserted that the bill raises
fundamental questions of equal treatment and freedom of
speech. He did not want the state to be a place where
children could view pornography. He expressed discomfort
with omitting the university and stated opposition to the
amendment.
8:51:35 AM
Co-Chair Meyer noted that the university library is
available only to adults.
Representative Kelly said generally he would not exempt the
university regarding other issues and underlined that the
issue is protecting children.
8:52:21 AM
Co-Chair Chenault reminded the committee that the
university is open to the general public, including
children.
8:53:13 AM
Representative Gara said that Representative Kelly's
suggestion of purchasing a CD underlines the point that
there is a cost associated with the provision. He
reiterated concern regarding financial hardship for small
libraries.
8:53:42 AM
Representative Kelly responded that the cost is
insignificant if the issue is protecting children. The
amendment simply separates out the adult population. He was
concerned about children having access to the internet at
the university.
AT EASE: 8:54:56 AM
RECONVENE: 8:57:59 AM
8:58:04 AM
Representative Kelly WITHDREW Amendment #1.
8:58:25 AM
Representative Gara MOVED to ADOPT Amendment #2, 25-
LS1356\E (Copy on File):
Page 2, following line 7:
Insert a new bill section to read:
(d) This section does not apply to a public library
that:
(1) has a policy prohibiting computer users from
viewing internet sites that depict the items
described in AS 11.61.128 (1)(A)-(F) and
(2) determines that complying with this section
would require a cost that materially reduces
library services made available to the public.
Vice-Chair Stoltze OBJECTED.
Representative Gara explained that the amendment requires
compliance with the provision unless a library cannot
afford software without reducing library services, and has
a policy in place prohibiting access.
8:59:02 AM
Vice-Chair Stoltze felt the interpretation was too broad
and could apply to any library regardless of size. He
acknowledged that the intent of the amendment is addressing
smaller libraries, but claimed the language is broader.
Representative Gara reiterated concerns about costs to
libraries.
8:59:56 AM
Co-Chair Chenault interpreted the amendment to mean that if
the software costs too much, then a policy would suffice.
He referred to public testimony regarding convicted sex
offenders using the library. He did not think these users
would be deterred by a policy. He noted appreciation for
the intent but was concerned that the amendment was not
sufficient.
9:01:19 AM
Representative Gara remarked that the bill itself did not
address the larger problem of internet predators. He
acknowledged agreement that no one wants children viewing
pornography but maintained that there is too much
uncertainty on how to address concerns and costs. He felt
the amendment was preferable to shutting down a small
library.
Representative Kelly opposed Amendment #2. He emphasized
that the libraries are not in favor of control. He wanted
to send a clear message regarding the issue by passing HB
353.
Vice-Chair Stoltze MAINTAINED his OBJECTION.
A roll call vote was taken on the motion.
IN FAVOR: Gara
OPPOSED: Kelly, Stoltze, Thomas, Hawker, Meyer, Chenault
Representatives Crawford, Foster, Joule, and Nelson were
absent from the vote.
The MOTION FAILED (6-1).
AT EASE: 9:03:52 AM
RECONVENED: 9:04:30 AM
9:04:34 AM
Vice-Chair Stoltze MOVED to report HB 353 out of Committee
with individual recommendations and the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
HB 353 was REPORTED out of Committee with "no
recommendation" and a zero fiscal note from the Department
of Education and Early Development.
9:05:33 AM
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