Legislature(1993 - 1994)

03/28/1994 01:00 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                          March 28, 1994                                       
                            1:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Jeannette James, Vice-Chair                                             
  Rep. Gail Phillips                                                           
  Rep. Pete Kott                                                               
  Rep. Joe Green                                                               
  Rep. Cliff Davidson                                                          
                                                                               
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Jim Nordlund                                                            
                                                                               
                                                                               
  OTHER LEGISLATORS PRESENT                                                    
                                                                               
  Rep. Gene Therriault                                                         
  Rep. Cynthia Toohey                                                          
                                                                               
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 478:   "An Act relating to the authority of mobile                        
            intensive care paramedics and emergency medical                    
            technicians to pronounce death under certain                       
            circumstances."                                                    
                                                                               
            MOVED OUT OF COMMITTEE                                             
                                                                               
  HB 356:   "An Act relating to living wills and do not                        
            resuscitate orders; and providing for an effective                 
            date."                                                             
                                                                               
            MOVED OUT OF COMMITTEE                                             
                                                                               
  HB 513:   "An Act relating to financial assistance for                       
            certain owners or operators of underground                         
            petroleum storage tank systems; and providing for                  
            an effective date."                                                
                                                                               
            MOVED OUT OF COMMITTEE                                             
                                                                               
  HB 487:   "An Act relating to the sale, display, or                          
            distribution of material harmful to minors at                      
            places where minors are present or allowed to be                   
            present and where minors are able to view such                     
            material; and prohibiting the sale or display of                   
            certain audio recordings, phonograph records,                      
            magnetic tapes, compact discs, or videotapes,                      
            without warning labels and opaque wrappings."                      
                                                                               
            HEARD AND HELD                                                     
                                                                               
  SB 321:   "An Act relating to the taking of a legible set of                 
            fingerprints when a person is arrested, upon                       
            initial appearance or arraignment, upon the                        
            conviction of the person, and when the person is                   
            received at a correctional facility, and providing                 
            that the set of fingerprints shall be provided to                  
            the Department of Public Safety; relating to                       
            criminal and crime records and information;                        
            requiring the reporting of information concerning                  
            homicides and suspected homicides to the                           
            Department of Public Safety for analysis;                          
            requiring the Department of Public Safety to                       
            participate in the Federal Bureau of                               
            Investigation, Violent Criminals Apprehension                      
            Program."                                                          
                                                                               
            NOT HEARD                                                          
                                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  REPRESENTATIVE GENE THERRIAULT                                               
  Alaska State Legislature                                                     
  State Capitol, Room 421                                                      
  Juneau, AK 99801-1182                                                        
  Phone:  465-4797                                                             
  POSITION STATEMENT: Prime Sponsor of HB 478                                  
                                                                               
  CRAIG LEWIS                                                                  
  1112 Lake Drive                                                              
  North Pole, AK 99705                                                         
  Phone:  448-2094                                                             
  POSITION STATEMENT: Testified via teleconference in support                  
                      of HB 478                                                
                                                                               
  RONNI SULLIVAN                                                               
  Southern Region EMS                                                          
  6130 Tuttle                                                                  
  Anchorage, AK 99507                                                          
  Phone:  688-2170 h./562-6449                                                 
  POSITION STATEMENT: Testified in support of HB 478                           
                                                                               
  MARK JOHNSON, Chief                                                          
  Emergency Medical Services Section                                           
  Alaska Department of Health & Social Services                                
  PO Box 110616                                                                
  Juneau, AK 99811                                                             
  Phone:  463-5807 h./465-3027                                                 
  POSITION STATEMENT: Testified in support of HB 478                           
                      and HB 356                                               
                                                                               
  STEVEN O'CONNOR, Assistant Chief                                             
  Emergency Services                                                           
  231 S. Binkley                                                               
  Soldotna, AK 99669                                                           
  Phone:  262-4792                                                             
  POSITION STATEMENT: Testified in support of HB 478                           
                                                                               
  THOMAS NAROW                                                                 
  PO Box 10295                                                                 
  Fairbanks, AK 99710                                                          
  Phone:  457-2501                                                             
  POSITION STATEMENT: Testified in support of HB 478                           
                                                                               
  CAROL MILLS                                                                  
  Nurse Practitioner & Clinical Coordinator                                    
  Galena Health Center                                                         
  Galena, AK 99741                                                             
  Phone:  656-1366                                                             
  POSITION STATEMENT: Testified in support of HB 478                           
                                                                               
                                                                               
  YVONNE HOWARD                                                                
  Eagle Emergency Medical Services                                             
  Eagle, AK 99738                                                              
  Phone:  547-2256                                                             
  POSITION STATEMENT: Testified in support of HB 478                           
                                                                               
  PAUL FINCH, Director                                                         
  Fort Yukon Clinic                                                            
  Fort Yukon, AK 99740                                                         
  Phone:  662-2462                                                             
  POSITION STATEMENT: Testified in support of HB 478                           
                                                                               
  BRENT URSEL                                                                  
  McGrath, AK 99627                                                            
  Phone:  524-3299                                                             
  POSITION STATEMENT: Testified in support of HB 478                           
                                                                               
  REPRESENTATIVE CYNTHIA TOOHEY                                                
  Alaska State Legislature                                                     
  State Capitol, Room 104                                                      
  Juneau, AK 99801-1182                                                        
  Phone:  465-4919                                                             
  POSITION STATEMENT: Prime Sponsor of HB 356                                  
                                                                               
  JOHN BARNETT, Executive Director                                             
  Board of Storage Tank Assistance                                             
  Department of Environmental Conservation                                     
  410 Willoughby, Suite 105                                                    
  Juneau, AK 99801-1795                                                        
  Phone:  465-5200                                                             
  POSITION STATEMENT: Testified on HB 513                                      
                                                                               
                                                                               
  REPRESENTATIVE PETE KOTT                                                     
  Alaska State Legislature                                                     
  State Capitol, Room 409                                                      
  Juneau, AK  99801-1182                                                       
  Phone:  465-3777                                                             
  POSITION STATEMENT:  Prime Sponsor of HB 487                                 
                                                                               
  GEORGE DOZIER, Legislative Aide                                              
  Representative Pete Kott's Office                                            
  State Capitol, Room 409                                                      
  Juneau, AK  99801-1182                                                       
  Phone:  465-3777                                                             
  POSITION STATEMENT:  Testified on HB 487                                     
                                                                               
  JERRY LUCKHAUPT                                                              
  Legislative Legal Counsel                                                    
  State of Alaska                                                              
  130 Goldstein Bldg.                                                          
  Juneau, AK 99801                                                             
  Phone:  465-2450                                                             
  POSITION STATEMENT:  Testified on HB 487                                     
                                                                               
                                                                               
  DANIELLA LOPER, Judiciary Committee Aide                                     
  Representative Brian Porter's Office                                         
  State Capitol, Room 122                                                      
  Juneau, AK 99801-1182                                                        
  Phone:  465-4990                                                             
  POSITION STATEMENT:  Commented on HB 487                                     
                                                                               
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 478                                                                
  SHORT TITLE: AUTHORITY TO PRONOUNCE DEATH                                    
  SPONSOR(S): REPRESENTATIVE(S) THERRIAULT,James                               
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/14/94      2376    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/14/94      2376    (H)   HES, JUDICIARY                                   
  03/07/94              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/07/94              (H)   MINUTE(HES)                                      
  03/09/94      2678    (H)   HES RPT  CS(HES) 9DP                             
  03/09/94      2679    (H)   DP: VEZEY,KOTT,G.DAVIS,BUNDE,                    
                              TOOHEY                                           
  03/09/94      2679    (H)   DP:  B.DAVIS, NICHOLIA, BRICE,                   
                              OLBERG                                           
  03/09/94      2679    (H)   LETTER OF INTENT WITH HES                        
                              REPORT                                           
  03/09/94      2680    (H)   -2 ZERO FISCAL NOTES (DHSS)                      
                              3/9/94                                           
  03/25/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
  03/28/94      3029    (H)   COSPONSOR(S):  JAMES                             
  03/28/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 356                                                                
  SHORT TITLE: LIVING WILLS AND MEDICAL CARE ORDERS                            
  SPONSOR(S): HEALTH, EDUCATION AND SOCIAL SERVICES                            
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  01/10/94      2021    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/10/94      2021    (H)   HES, JUDICIARY                                   
  03/03/94              (H)   HES AT 03:00 PM CAPITOL 106                      
  03/03/94              (H)   MINUTE(HES)                                      
  03/14/94              (H)   MINUTE(HES)                                      
  03/15/94      2809    (H)   HES RPT  3DP 5NR                                 
  03/15/94      2809    (H)   DP:  G.DAVIS, BUNDE, TOOHEY                      
  03/15/94      2809    (H)   NR:KOTT, VEZEY, OLBERG,                          
                              B.DAVIS,NICHOLIA                                 
  03/15/94      2809    (H)   -FISCAL NOTE (DHSS) 3/15/94                      
  03/15/94      2809    (H)   -ZERO FISCAL NOTE (DCED)                         
                              3/15/94                                          
  03/15/94      2809    (H)   FIN REFERRAL ADDED                               
  03/28/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 513                                                                
  SHORT TITLE: GRANTS/LOANS FOR STORAGE TANK OWNERS                            
  SPONSOR(S): LABOR & COMMERCE                                                 
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/28/94      2551    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/28/94      2551    (H)   L&C, STATE AFFAIRS, JUDICIARY                    
  03/02/94      2586    (H)   L&C REFERRAL WAIVED                              
  03/15/94              (H)   STA AT 08:00 AM CAPITOL 102                      
  03/15/94              (H)   MINUTE(STA)                                      
  03/22/94              (H)   STA AT 08:00 AM CAPITOL 102                      
  03/22/94              (H)   MINUTE(STA)                                      
  03/23/94      2931    (H)   STA RPT  CS(STA) 4DP 3NR                         
  03/23/94      2931    (H)   DP:  VEZEY, KOTT, SANDERS,                       
                              G.DAVIS                                          
  03/23/94      2931    (H)   NR:  OLBERG, B.DAVIS, ULMER                      
  03/23/94      2931    (H)   -ZERO FISCAL NOTE (DEC) 3/23/94                  
  03/28/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB 487                                                                
  SHORT TITLE: SALE/DISPLAY OF MATERIAL HARMFUL TO MINOR                       
  SPONSOR(S): REPRESENTATIVE(S) KOTT                                           
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/14/94      2379    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  02/14/94      2379    (H)   LABOR & COMMERCE, JUDICIARY,                     
                              FINANCE                                          
  02/24/94      2522    (H)   SPONSOR SUBSTITUTE                               
                              INTRODUCED-REFERRALS                             
  02/24/94      2522    (H)   LABOR & COMMERCE, JUDICIARY,                     
                              FINANCE                                          
  03/15/94              (H)   L&C AT 03:00 PM CAPITOL 17                       
  03/15/94              (H)   MINUTE(L&C)                                      
  03/22/94              (H)   L&C AT 03:00 PM CAPITOL 17                       
  03/22/94              (H)   MINUTE(L&C)                                      
  03/25/94      2970    (H)   L&C RPT  CSSS(L&C) NEW TITLE                     
                              2DNP 4NR                                         
  03/25/94      2970    (H)   DNP:  SITTON, WILLIAMS                           
  03/25/94      2970    (H)   NR:GREEN,PORTER,MULDER,HUDSON                    
  03/25/94      2970    (H)   -INDETERMINATE FISCAL NOTE(LAW)                  
                              3/25/94                                          
  03/28/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  SB 321                                                                
  SHORT TITLE: FINGERPRINTING AND CRIME RECORDS                                
  SPONSOR(S): SENATOR(S)HALFORD,Phillips,Kerttula,Taylor,                      
  Pearce,Donley,Leman,Little,Miller,Sharp;                                     
                                                                               
  JRN-DATE     JRN-PG               ACTION                                     
  02/14/94      2832    (S)   READ THE FIRST TIME/REFERRAL(S)                  
  02/14/94      2832    (S)   JUD, FIN                                         
  03/02/94              (S)   JUD AT 01:30 PM BELTZ ROOM 211                   
  03/02/94              (S)   MINUTE(JUD)                                      
  03/07/94      3087    (S)   JUD RPT CS 4DP  NEW TITLE                        
  03/07/94      3088    (S)   ZERO FNS TO SB & CS PUBLISHED                    
                              (DPS-2)                                          
  03/15/94              (S)   FIN AT 08:30 AM SENATE FIN 518                   
  03/15/94              (S)   MINUTE(FIN)                                      
  03/16/94      3240    (S)   FIN RPT CS 5DP 1NR  NEW TITLE                    
  03/16/94      3241    (S)   PREVIOUS ZERO FNS APPLY(DPS-2)                   
  03/16/94              (S)   RLS AT 00:00 AM FAHRENKAMP                       
                              ROOM 203                                         
  03/16/94              (S)   MINUTE(RLS)                                      
  03/16/94              (S)   FIN AT 09:00 AM SENATE FIN 518                   
  03/21/94      3293    (S)   ZERO FISCAL NOTE PUBLISHED                       
                              (CORR)                                           
  03/22/94      3317    (S)   RULES TO CALENDAR  4CAL 1NR                      
                              3/22/94                                          
  03/22/94      3319    (S)   READ THE SECOND TIME                             
  03/22/94      3320    (S)   COSPONSOR(S): KERTTULA, TAYLOR,                  
                              PEARCE,                                          
  03/22/94      3320    (S)   DONLEY, LEMAN, LITTLE, MILLER,                   
                              SHARP                                            
  03/22/94      3320    (S)   FIN  CS ADOPTED UNAN CONSENT                     
  03/22/94      3320    (S)   ADVANCED TO THIRD READING UNAN                   
                              CONSENT                                          
  03/22/94      3320    (S)   READ THE THIRD TIME                              
                              CSSB 321(FIN)                                    
  03/22/94      3321    (S)   PASSED Y20 N-                                    
  03/22/94      3324    (S)   TRANSMITTED TO (H)                               
  03/23/94      2924    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/23/94      2924    (H)   FINANCE                                          
  03/25/94      2980    (H)   FIN REFERRAL WAIVED                              
  03/25/94      2980    (H)   JUD REFERRAL ADDED                               
  03/28/94              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-53, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Standing Committee was called to order                   
  at 1:20 p.m. on March 28, 1994.  A quorum was present.                       
  Chairman Brian Porter stated the following bills would be                    
  heard:  HB 478, HB 356, HB 513, and HB 487.  He stated that                  
  SB 321 would not be heard.  He called Representative Gene                    
  Therriault to come forward and introduce HB 478.                             
  HB 478 - AUTHORITY TO PRONOUNCE DEATH                                        
                                                                               
  Number 022                                                                   
                                                                               
  REP. GENE THERRIAULT, representing House District 33,                        
  thanked Chairman Porter and read a brief sponsor statement.                  
  It read:  HB 478 proposes to allow mobile intensive care                     
  paramedics and emergency medical technicians to determine                    
  and pronounce death under certain circumstances.  Registered                 
  paramedics or certified EMT's who are active members of the                  
  certified emergency medical service, may make the                            
  determination in the pronouncement of death.  If a physician                 
  is not immediately available upon determining that the                       
  person has suffered irreversible cessation of circulatory                    
  and respiratory functions.  Currently, when a member of                      
  emergency medical service begins CPR, they are required to                   
  continue resuscitation until the person recovers, the EMT or                 
  paramedic is relieved by either a medical facility or a                      
  physician.  The responding parties become physically                         
  exhausted and no longer able to continue.  Their physical                    
  safety is seriously threatened, or a physician pronounces                    
  the person dead.  Many times physicians in medical                           
  facilities are not immediately available, and emergency                      
  medical response members are required to continue                            
  unproductive resuscitation for several hours.  HB 478 would                  
  allow an EMT or paramedic to declare death in situations                     
  where a physician is not available.  This will help                          
  emergency response teams to better attend to the emergency                   
  medical needs of the State of Alaska.                                        
                                                                               
  Number 072                                                                   
                                                                               
  CRAIG LEWIS, Fairbanks via teleconference strongly urged                     
  legislators to support this bill.  He said the bill was long                 
  overdue for the EMT and paramedic community.  As in some                     
  cases, administering CPR for six or seven hours is a                         
  traumatic and barbaric situation to put EMT's through, as                    
  well as the family of the people involved.  This bill, quite                 
  simple, would resolve that situation.                                        
                                                                               
  Number 100                                                                   
                                                                               
  RONNI SULLIVAN, Executive Director for Southern Region                       
  Emergency Medical Services in Anchorage.  She is also a                      
  licensed paramedic who has been involved in emergency                        
  services for 17 years.  She supported HB 478 fully.  She                     
  believed the bill to be valuable to medical service                          
  providers, particularly to rural areas and to medivac                        
  services.  There are hundreds of stories about needless                      
  prolonged transportation.  These cases put a lot of stress                   
  of the EMS providers, on the patients' families, and they                    
  deny the patient the right to dignity after death.  Long                     
  term resuscitative efforts do not work, we know.  They cause                 
  EMS yet to continue, often with red lights and siren over                    
  very isolated, snowy, dangerous routes.  She fears this                      
  endangers someone else's life, trying to continue                            
  resuscitation that everyone knows will not work.  At the                     
  same time that resuscitation service continues, often                        
  medivac services have been called in at a great expense.                     
  This is a rare bill.  It works for everyone.  She urged                      
  support.                                                                     
                                                                               
  Number 144                                                                   
                                                                               
  CHAIRMAN PORTER asked if was also concern about liability if                 
  they were not given authority to pronounce death.                            
                                                                               
  MS. SULLIVAN answered that they had not had a great deal of                  
  liability because they had not yet had the responsibility.                   
                                                                               
  Number 154                                                                   
                                                                               
  REP. JOE GREEN asked about a California law stating that you                 
  had no duty to render aid, but once you start to render aid,                 
  then you have a duty to continue.  Maybe that is not a                       
  problem in Alaska, but with passing this law, it seems like                  
  it would help that individual who had gotten himself in and                  
  now is hung up for a long time.                                              
                                                                               
  Number 171                                                                   
                                                                               
  MS. SULLIVAN answered that it absolutely would help, and the                 
  parameters in this bill are very specific for when you can                   
  stop resuscitation and when you can not.                                     
                                                                               
  Number 178                                                                   
                                                                               
  MARK JOHNSON, Chief, Emergency Medical Services Section for                  
  the Alaska Department of Health and Social Services.  He                     
  stated that they do support this bill.  It starts with some                  
  definitions that everyone can agree on, such as a person who                 
  is decapitated is dead.  But then the part of the bill that                  
  is most important for our EMT's is where it says, "CPR must                  
  continue for a normothermic patient up to 30 minutes, and                    
  then they can stop and declare the patient dead, or up to                    
  one hour for a hypothermic patient, because we have had some                 
  successful resuscitations after prolonged CPR for cold water                 
  near drowning, for example.  We have had a lot of successes                  
  in our state but he believes the research is very clear.                     
  Any time you have to do CPR on somebody for that long a                      
  period of time, there is no hope, and I think this would be                  
  a good bill.                                                                 
                                                                               
  Number 205                                                                   
                                                                               
  STEVE O'CONNOR, Assistant Chief of Emergency Services in                     
  Soldotna and also currently serves as the chair of the                       
  Alaska Council of Emergency Medical Services.  He supported                  
  passing of the bill.  It will go a long way in helping the                   
  paramedics through real difficult situations in rural areas.                 
                                                                               
  Number 220                                                                   
                                                                               
  THOMAS NAROW, Chief of Service for Interior Ambulance &                      
  Rescue Squad.  They cover a large portion of the Northeast                   
  (inaudible) Borough as well as provide medivac to Interior                   
  Alaska ground ambulance (inaudible).  He encouraged the                      
  support of this bill as they can get out quite remote, and                   
  as a provider, he felt this would serve as a great benefit                   
  to himself as well as to other members of his department, to                 
  be able to make that determination to provide a little                       
  dignity for the patient and their family, and put a little                   
  bit more ease in the mind of the medics who have had to work                 
  these (inaudible) for a long period of time.                                 
                                                                               
  Number 254                                                                   
                                                                               
  CAROL MILLS, Nurse Practitioner and Clinical Coordinator for                 
  the Galena Health Center, testified offnet and supported the                 
  bill after seeing great problems for 13 years with medivac                   
  flights, which take about four hours to arrive in Galena.                    
                                                                               
  Number 282                                                                   
                                                                               
  YVONNE HOWARD  testified offnet in support of the bill.  She                 
  has been in charge of the Eagle Emergency Medical Service in                 
  Eagle for 10 years.  She has worked in the emergency medical                 
  profession for 16 years.  One time they tried to resuscitate                 
  a person for eight hours, rotating different people.                         
  Medivacs normally take one and one-half to two hours to                      
  arrive in Eagle.  She encouraged passage of the bill.                        
                                                                               
  Number 316                                                                   
                                                                               
  PAUL FINCH, Fort Yukon Clinic Director for 7 years testified                 
  offnet and reconfirmed that the bill is a good idea.                         
                                                                               
  Number 345                                                                   
                                                                               
  BRENT URSEL, from McGrath testified offnet and felt the bill                 
  to be very important, especially for the Interior                            
  (inaudible) and small villages that don't have lighted                       
  runways, that don't have runways long enough to (inaudible).                 
                                                                               
  Number 376                                                                   
                                                                               
  REP. PETE KOTT motioned to move CSHB 478(HES) with                           
  individual recommendations and fiscal notes.                                 
                                                                               
  Number 395                                                                   
                                                                               
  REP. GAIL PHILLIPS noted that the letter of intent requires                  
  additional training for EMT's, and the other requires                        
  extensive notification.  On the first one requiring                          
  additional training for EMT's, she assumed this training had                 
  to be certified, yet did not see in the bill where that was                  
  stated.                                                                      
                                                                               
  REP. KOTT said that it was the intent that this additional                   
  training be put into the EMT standardized training program,                  
  however, based on testimony, it is already included.  He                     
  just wanted to insure that for those areas that, perhaps,                    
  did not have it, they would address the issue and also to                    
  bring it up during re-certification of annual training,                      
  however it comes about; to make sure that everybody is aware                 
  of it.                                                                       
                                                                               
  Number 423                                                                   
                                                                               
  REP. JEANNETTE JAMES expressed faith in the EMT's, and she                   
  lacked concern about additional training.  She understood                    
  the need for requiring extensive notification, but she                       
  wanted to know what the fiscal impact would involve.                         
                                                                               
  REP. KOTT answered there would be absolutely no fiscal                       
  impact.                                                                      
                                                                               
  Number 440                                                                   
                                                                               
  REP. PHILLIPS asked what the technical process would be for                  
  how the notification would be put into place.  One of the                    
  concerns for not having to continue resuscitation has come                   
  from the senior centers, therefore doing something with the                  
  senior centers or the people that respond in the senior                      
  arena.                                                                       
                                                                               
  CHAIRMAN PORTER asked Mark Johnson if he could help with                     
  either one of those questions.                                               
                                                                               
                                                                               
  Number 448                                                                   
                                                                               
  MR. JOHNSON replied that with the training, the course that                  
  provides for certification for EMT's, is a national standard                 
  curriculum, and what we would be doing here is letting                       
  people in our state know these very strictly-defined                         
  circumstances,  EMT's are allowed to deviate from the                        
  typical standard practice where they do not discontinue                      
  resuscitation until they turn the patient over to a                          
  hospital, or physician, or whatnot.  We can get that                         
  information out to our people and to the medical directors,                  
  all the  state certified ambulance services in Alaska have                   
  to have medical directors, but not all of the EMT's are                      
  necessarily members of a state certified service, so we will                 
  get that information out if this bill passes and make sure                   
  the medical directors provide the instruction.  Any                          
  additional training they get, can be applied to their                        
  re-certification hours.                                                      
                                                                               
  MR. JOHNSON also addressed the notification question.  He                    
  thought the notification issue would actually be on the next                 
  bill to be heard.                                                            
                                                                               
  REP. GREEN still had a question about the duty of the                        
  average citizen, once having began CPR.  He asked if passage                 
  if this bill would help in regards to the average good                       
  Samaritan?                                                                   
                                                                               
  CHAIRMAN PORTER said it did not.                                             
                                                                               
  CHAIRMAN PORTER assured Rep. Green that this bill only                       
  addresses people who are certified as EMT's and intensive                    
  care persons.                                                                
                                                                               
  There was a motion to move CSHB 478.  CSHB 478(HES) was                      
  passed out of committee with individual recommendations.                     
                                                                               
  HB 356 LIVING WILLS AND MEDICAL CARE                                         
                                                                               
  REP. CYNTHIA TOOHEY explained HB 356 to be, "An Act relating                 
  to the living wills and `Do Not Resuscitate' orders; and                     
  providing for an effective date."  HB 356 compliments                        
  current statutes on the right of the terminally ill by                       
  adding specific recognition of "Do Not Resuscitate" (DNR)                    
  orders to the existing legislation on the rights of the                      
  terminally ill.  To make a declaration relating to the use                   
  of life sustaining procedures.  A new section allows                         
  attending physicians to issue DNR orders, requires the                       
  Department of Health and Social Services, with the approval                  
  of the State Medical Board, to issue regulations adopting a                  
  standardized protocol governing the withholding of CPR by                    
  physicians and other health care providers and establishes                   
  the requirements under which health care providers other                     
  than the physicians may comply with a DNR order.  Section                    
  18.12.037 requires the Department of Health and Social                       
  Services to develop the standardized design for DNR                          
  identification card, forms, necklaces and bracelets, to                      
  indicate that the possessor has executed a living will or                    
  that a DNR order has been issued by a physician.  Other                      
  provisions of the bill amend existing statutory provisions                   
  by including DNR's along with living wills in areas such as                  
  immunity for health care providers, acting under the                         
  provisions of the living will and DNR orders, and penalties,                 
  etc.  Do not resuscitate orders are issued only in the case                  
  of a terminally ill person.  Under existing practices,                       
  emergency response providers, (EMT's and paramedics) are                     
  required to institute CPR on site even if the sick person                    
  has a living will.  A properly executed DNR order and                        
  procedure protocol recognized by all concerned parties would                 
  help to avoid futile and unwanted interventions.  Similarly,                 
  within health care institutions, DNR orders are necessary in                 
  the absence of the living will, when attempts at                             
  resuscitation serve only to prolong the process of dying.                    
  She urged favorable consideration of this legislation."                      
                                                                               
  Number 557                                                                   
                                                                               
  REP. PHILLIPS asked Rep. Toohey if a person has to have a                    
  living will in order to get the DNR bracelet or necklace, or                 
  whatever, or can they could get one without having a living                  
  will.                                                                        
                                                                               
  Number 561                                                                   
                                                                               
  REP. TOOHEY said the only thing they must have in order to                   
  get one is the physician who originally signed the DNR.                      
                                                                               
  Number 566                                                                   
                                                                               
  REP. PHILLIPS said that on behalf of this bill, she had been                 
  requested by the senior centers in her district to put some                  
  legislation similar to this forward, and there has been                      
  support from her district for this legislation.                              
                                                                               
  Number 573                                                                   
                                                                               
  MR. JOHNSON said this DNR, as Rep. Toohey stated, does for                   
  people who are in the final stages of death, to put them                     
  through the agony and discomfort of resuscitation, this                      
  would allow them and their physician to agree, and it would                  
  allow us at the state level to have a standardized system                    
  and protocol across the state.  There are some good systems                  
  already in place in Anchorage and Juneau, and a few other                    
  places that he thinks work quite well, which will be used as                 
  models if this bill passes.  The main advantage is that it                   
  would be standardized across the state and the                               
  identifications and everything would be standardized, so                     
  everybody understands how the system works, and when the                     
  EMT's get there, they know what they are looking for.                        
  Sometimes, if it is a person who collapses on the street,                    
  the EMT's are not right now able to recognize the DNR                        
  patients, so this would help resolve some of those issues.                   
                                                                               
  Number 590                                                                   
                                                                               
  REP. PHILLIPS clarified that there has to be an actual                       
  physical piece of evidence that the EMT actually sees and                    
  reads in order to not do the resuscitation.                                  
                                                                               
  CHAIRMAN PORTER said you could also get a verbal order from                  
  a doctor in the hospital.                                                    
                                                                               
  Number 608                                                                   
                                                                               
  MR. JOHNSON said that sometimes they will have a person's                    
  home identified, or maybe a name at the nursing home, so the                 
  dispatch will already know the person has a DNR.  That works                 
  fairly well.                                                                 
                                                                               
  Number 613                                                                   
                                                                               
  REP. PHILLIPS made a motion to move HB 356 with individual                   
  recommendations and fiscal notes attached.                                   
                                                                               
  CHAIRMAN PORTER, hearing no objection, declared HB 356 moved                 
  from committee.                                                              
  HB 513 - GRANTS/LOANS FOR STORAGE TANK OWNERS                                
                                                                               
  Number 620                                                                   
                                                                               
  JOHN BARNETT, Executive Director for the Board of Storage                    
  Tank Assistance, explained that the Board and the Department                 
  of Environmental Conservation both support the CS for HB
  513.  The Board is primarily an appeal board.  The                           
  legislation you have in front of you was requested on behalf                 
  of the Alaska underground tank owners and operators, which                   
  operate underground storage tank facilities throughout the                   
  state.  These storage facilities are regulated through both                  
  the EPA as well as the state of Alaska.  At the current                      
  time, we have about 142 unfunded applications for                            
  assistance, totaling about $42,000,000.  Out of those 842,                   
  about 151 of them have been determined ineligible for                        
  assistance by the Department of Environmental Conservation.                  
  Under current law, the only thing that can be appealed to                    
  the Board of Storage Tank Assistance is ineligible cost.  If                 
  a certain cost has been determined to be ineligible, such as                 
  the certain cost for the kind of upgrade equipment, or                       
  certain kind of remediation equipment, if some cost has been                 
  determined ineligible, the owner can come to the board, the                  
  board can rule on that dispute, it can mediate the dispute                   
  between the Department and the owner.  We feel that the                      
  legislative intent was to have an appeal board that would                    
  hear all manners of appeals related to the storage tank                      
  assistance fund.  This section 1 within 513 clarifies the                    
  authority of the board so that if an owner or operator's                     
  cost is determined ineligible, as well as whether or not the                 
  owner himself has been determined ineligible, the board can                  
  still hear that appeal.  The decisions by the board are                      
  still subject, of course, to existing statutes regarding the                 
  types of tanks involved and the other eligibility                            
  requirements.  This will only provide a forum for that                       
  appeal to be heard.  The second section within 513 corrects                  
  an oversight in the enabling legislation.  The financial                     
  assistance program has three basic components to it.  It has                 
  a testing program, a cleanup program, and a closure and                      
  upgrade program.  Cleanup is for cleaning up contamination                   
  from leaking tanks, the testing program tests whether or not                 
  the tank is leaking right now.  Closure and upgrade program                  
  very simply closes out the old tanks, and upgrades those                     
  tanks to new tanks that meet EPA standards and hopefully                     
  will not leak and contaminate future drinking water supplies                 
  in the state.  The testing program has already sunsetted by                  
  statute.  The cleanup program, the application sunset, is                    
  this July 1, 1994.  The closure and upgrade program                          
  currently has no sunset in statute.  The sunset listed here                  
  is December 31, 1994, which would correct an oversight in                    
  the original legislation, and begin the first step in                        
  phasing out the storage tank assistance fund, as far as the                  
  application period.  Also at this time next year, we will                    
  have a complete listing of all the applicants and have a                     
  good understanding of the total scope and need of storage                    
  tank owners in the state.  The third section within HB 513                   
  has been placed in here to assist those upgrade and closure                  
  applicants who have yet to be funded.  With the cleanup                      
  program deadline coming up July 1, 1994, and since most                      
  contamination is not discovered until an old tank is taken                   
  out of the ground, many of these applicants that have been                   
  waiting for closure and upgrade funds will not discover                      
  contamination until after the cleanup deadline has passed.                   
  What this does, is allows those owners that are already on                   
  the list, who have applied by the deadline of December 31,                   
  if they have applied for assistance, and if they are using                   
  state funds, and if they find contamination, they will still                 
  be able to participate in the program.  The program has been                 
  very successful.  To date, we have 34 ongoing cleanup                        
  projects.  We have 11 projects we have closed out,                           
  completely using storage tank assistance funds.  We have 246                 
  actual sites that have been cleaned up or a certain amount                   
  of corrective action activities actually, that have been                     
  undertaken, who are waiting for funds.  We also have about                   
  179 sites where closure and upgrade activities have been                     
  completed, thanks to the storage tank assistance fund.  So                   
  it is a fairly good prevention program as well.  So we urge                  
  the committee to pass out HB 513.                                            
                                                                               
  Number 705                                                                   
                                                                               
  REP. PHILLIPS inquired on the last paragraph of the position                 
  paper regarding HB 513 where it says in part "allowing                       
  applicants who have already applied for financial assistance                 
  to remain eligible for clean up, will further reduce the                     
  demands on the spill response fund."  I was wondering how                    
  you could make such a comparison?                                            
                                                                               
  MR. BARNETT responded that what they were concerned with was                 
  that if a person could not undertake the activities                          
  themselves, right now they have the avenue of the storage                    
  tank assistance fund.  If the storage tank assistance fund                   
  is not available to them, and if they cannot afford to pay,                  
  the state steps in with spill response funds of which then                   
  cost recovery must take place.  The further demands were                     
  referring to some facilities that were affected by the spill                 
  response fund prior to the enabling legislation that created                 
  the storage tank assistance fund.  There's certain                           
  facilities on the Kenai Peninsula that response funds were                   
  used, the cost was probably at least twice as high, to                       
  actually undertake the clean up as it cost to it using the                   
  storage tank assistance fund, primarily because we avoid                     
  litigation, we allow the owners to actually supervise the                    
  activities, we use certified workers, private workers within                 
  the state, and we do not use the state-lead contractors, to                  
  actually do this work.                                                       
                                                                               
  Number 735                                                                   
                                                                               
  CHAIRMAN PORTER inquired as to whether currently, without                    
  the ability to appeal to the board on just a denial of                       
  services, someone would have to go to court?                                 
                                                                               
  Number 738                                                                   
                                                                               
  MR. BARNETT responded that the only avenue open to a person                  
  who has been determined ineligible at this time would be to                  
  go through the court system.                                                 
                                                                               
  Number 745                                                                   
                                                                               
  REP. PHILLIPS moved to pass HB 513 from committee with                       
  individual recommendations and a zero fiscal note.                           
                                                                               
  Number 747                                                                   
                                                                               
  CHAIRMAN PORTER, hearing no objection, declared HB 513                       
  passed from committee.                                                       
  HB 487 - SALE/DISPLAY OF MATERIAL HARMFUL TO MINOR                           
                                                                               
  Number 752                                                                   
                                                                               
  REP. PETE KOTT, prime sponsor of HB 487, read his sponsor                    
  statement into the record as follows:  "The introduction of                  
  this bill was a result of my concern with the growing number                 
  of violent crimes in Alaska.  Cases of reported rape, for                    
  example, have nearly doubled since 1989.  Furthermore, there                 
  is growing evidence that violent crimes, especially rape and                 
  murder are more frequently committed by the young people in                  
  our society.  I believe that a contributing factor in this                   
  rising violence among young people is the increased                          
  frequency of sex related violence as a theme, things like                    
  rock-n-roll, and rap music, more specifically.  This                         
  conclusion has been supported by the U.S. Attorney General's                 
  Commission on Pornography, which found that exposure to                      
  sexually violent material resulted in acts of sexual                         
  aggressiveness and anti-social behavior.  Thus, it is                        
  self-evident that some material, whether in visual or oral                   
  format may not be suitable for distribution to children.  At                 
  a minimum, the seller should make some attempt to shield                     
  innocent young people from unwanted contact with such                        
  material.  This bill, while recognizing the constitutional                   
  restraints imposed on the legislature's right to curtail                     
  distribution of certain material, acts on the state's                        
  legitimate interest in providing some level of protection to                 
  children who may be harmed by unwanted exposure to this                      
  sexually explicit material.  The bill would prohibit the                     
  sale to minors of certain sexually explicit material.  It                    
  would require that printed matter that falls into the                        
  definition of material harmful to minors and is displayed                    
  where minors are apt to view the materials, must be sealed                   
  in an opaque wrapper or placed in what's called a blinder                    
  rack.  Recording materials such as CD's, tapes, and those                    
  type of things, would require opaque wrappings or blinder                    
  racks only if the offensive matter is depicted on the cover                  
  or packaging.  The definition of material harmful to minors                  
  is drawn from the obscenity definition set forth by the U.S.                 
  Supreme Court, as applied to minors.  The bill that we have                  
  before us, I think, is a very important one.  I certainly                    
  believe that the messages and values that young people learn                 
  from the prevailing culture, which is us here at this table,                 
  will determine how they live their lives, and in turn, the                   
  ultimate nature and character of our society.  What this                     
  bill does is recognize that the state has a compelling                       
  interest in protecting the health, safety and morals of its                  
  minors.  It recognizes that some materials harmful to the                    
  health, safety and morals of minors, even though the same                    
  material, perhaps is not as obscene to adults.  It                           
  establishes very clear, a definite, narrowly tailored                        
  guideline for determining what material is in fact harmful                   
  to minors.  In doing so, in this area it follows the                         
  standards established by the U.S. Supreme Court.  It                         
  recognizes that minors in Alaska are exposed to commercial                   
  establishments, to material harmful to minors.  It also acts                 
  to solve this problem by curtailing access by minors, to                     
  material that is, in fact, harmful to them.  It proscribes                   
  the sale to the minors, of material harmful, and proscribes                  
  the display for sale of material harmful to minors.                          
  REP. KOTT continued, "Let me just kind of briefly, elaborate                 
  and articulate what this bill does not do.  It does not                      
  apply to noncommercial settings, such as homes, libraries,                   
  or schools, only sale or display for sale fall within its                    
  purview.  It does not proscribe the sale of any material to                  
  adults.  It does not automatically reach all sex-related                     
  materials.  If I might just depart very briefly, and read                    
  into the record, written testimony that was received earlier                 
  by a person named Ann Barnes which reads `Alaska is number                   
  one in the United States in cases of child sexual abuse.                     
  Based on the facts, we do know about the affects,                            
  emotionally and psychologically, on children who have been                   
  exposed to pornography, or to adult sexually-explicit                        
  material and the lasting damage it causes, not to mention                    
  the statistics that connect these materials with child                       
  sexual abuse.  HB 487 is long overdue.'  Unfortunately, she                  
  could not be with us today."                                                 
                                                                               
  Number 848                                                                   
                                                                               
  REP. JAMES inquired whether it could be explained to her                     
  just what this bill does and just what we want to stop?                      
                                                                               
  Number 851                                                                   
                                                                               
  REP. KOTT responded that this bill does two things.  First                   
  of all, it articulates very clearly that if you are                          
  displaying or selling this kind of material, that's                          
  addressed in the bill, you cannot sell it to minors, anyone                  
  under 18.  Secondly, if you are selling it in a commercial                   
  establishment, you must ensure the material that falls into                  
  the category of "harmful to minors" you must cover it.                       
                                                                               
  Number 868                                                                   
                                                                               
  REP. JAMES remarked that one of the problems we have always                  
  had with pornographic material is to define just exactly                     
  what it is and she would like to have the language pointed                   
  out, in this bill, that sufficiently describes this so there                 
  is absolutely no question as to what can and cannot be                       
  available in a store where children are.                                     
                                                                               
  Number 880                                                                   
                                                                               
  GEORGE DOZIER, Legislative Assistant to Representative Pete                  
  Kott, responded that the definition of matter which is                       
  harmful to minors, which is a take-off of the old obscenity                  
  standard, adopted to materials we are concerned about.  That                 
  definition is contained on the bottom of page 2, beginning                   
  on line 28 and it carries over to page 3, line 8.  It                        
  essentially is a definition which is taken from Miller v.                    
  California, an obscenity case where the Supreme Court                        
  described...                                                                 
                                                                               
  TAPE 94-53, SIDE B                                                           
  Number 000                                                                   
                                                                               
  MR. DOZIER continued...what had to be satisfied for the                      
  state has any business regulating or proscribing                             
  obscenities.  What we have done in HB 487 and adapted it as                  
  permitted by another case, Ginsburg, where the court stated                  
  in essence, that even when material is not obscene, it still                 
  can be regulated concerning minors' contact with that                        
  material, even though it is not considered to be obscene by                  
  adult standards.  This bill takes language used in Ginsburg                  
  and adapted it to include a later definition of obscenities                  
  that is contained in Miller.                                                 
                                                                               
  Number 087                                                                   
                                                                               
  REP. JAMES inquired as to where the line is drawn in this                    
  issue?                                                                       
                                                                               
  Number 108                                                                   
                                                                               
  MR. DOZIER responded that the line has been drawn by the                     
  U.S. Supreme Court in articulating the standard.  He                         
  continued by stating that it would be up to a jury to decide                 
  whether a specific material would be found to cross the                      
  line.  Just because something is suggestive is not enough to                 
  meet one of the criteria established in the bill.  It would                  
  have to be patently offensive, it has to be lacking in                       
  literary, scientific, education, artistic, or political                      
  value for minors and it has to be representative of nudity                   
  or sexual conduct or sexual excitement or sado-masochistic                   
  abuse.                                                                       
                                                                               
  Number 154                                                                   
                                                                               
  REP. GREEN inquired if there was a chance that because                       
  certain areas of the state, or juries in certain areas of                    
  the state, could render different opinions as to what is                     
  offensive or not?                                                            
                                                                               
  Number 181                                                                   
                                                                               
  MR. DOZIER responded he felt any tendency toward disparity                   
  of treatment or disparity of result is alleviated by the                     
  fact that this bill defines contemporary community standards                 
  as contemporary standards prevailing in this state as a                      
  whole.                                                                       
                                                                               
  Number 184                                                                   
                                                                               
  REP. PHILLIPS inquired as to whether this bill would be an                   
  attempt to legislative morality that is perhaps something                    
  that we couldn't put in writing in the form of legislation.                  
                                                                               
  Number 196                                                                   
                                                                               
  CHAIRMAN PORTER remarked that we have had and currently have                 
  laws against prostitution and that basically is a morality                   
  issue, although it may be a health issue right now.                          
                                                                               
  Number 210                                                                   
                                                                               
  REP. PHILLIPS expressed her concern that the first statement                 
  of the bill that states that "the State of Alaska has a                      
  compelling interest in protecting the morals of minors" and                  
  she felt that would lead us to the conclusion that we are                    
  trying to legislate morality.                                                
                                                                               
  Number 214                                                                   
                                                                               
  REP. KOTT responded that that statement would have to be                     
  included per an earlier case to establish some commitment by                 
  the state in the event a particular case was challenged                      
  under this law.                                                              
                                                                               
  Number 222                                                                   
                                                                               
  REP. DAVIDSON asked if someone was available to address the                  
  constitutionality of such a proposal?                                        
                                                                               
  JERRY LUCKHAUPT, Legislative Legal Counsel, responded that                   
  several jurisdictions have laws similar to this.  Those laws                 
  have been upheld in a number of cases.  In the city of                       
  Wichita; their ordinance is sort of the basis for this draft                 
  before you now.  That was based upon something that                          
  Minneapolis has adopted.  The municipality of Anchorage has                  
  an ordinance like this also.  As far as I know, those                        
  statutes have not been struck down as being unconstitutional                 
  at this point.  As George Dozier indicated, the U.S. Supreme                 
  Court in Ginsburg, which is a state of New York case, the                    
  Court said the state has the authority to regulate materials                 
  that are not necessarily obscene in regards to adults, but                   
  could be considered to be deleterious to the health, safety                  
  and morals of minors.                                                        
                                                                               
  Number 336                                                                   
                                                                               
  REP. PHILLIPS inquired as to whether there have been any                     
  challenges to the municipality of Anchorage law?                             
                                                                               
  MR. LUCKHAUPT responded not that he has heard of.  He                        
  further remarked that a change made in the Labor & Commerce                  
  Committee relating to the term "contemporary community                       
  standards" and that they applied a statewide definition to                   
  contemporary community standards.  He stated that could be a                 
  constitutional problem vis a vis the idea of what is obscene                 
  or not.  The Supreme Court looked at a contemporary                          
  community standard and to the extent that the Court relied                   
  on a local definition as to what those standards are that                    
  the jury would apply and the prosecutor would apply in                       
  deciding whether or not to prosecute a case.  To the extent                  
  we have a different definition of community standards and                    
  that we apply one that is statewide, it could raise                          
  constitutional questions.                                                    
                                                                               
  Number 408                                                                   
                                                                               
  REP. GREEN asked how a statewide definition of community                     
  standards would be established?                                              
                                                                               
  Number 414                                                                   
                                                                               
  MR. LUCKHAUPT responded that they would be established by                    
  expert testimony between a prosecutor and a defense attorney                 
  before a jury.  Then the jury would render an opinion based                  
  upon what their understanding of the state is.                               
                                                                               
  Number 427                                                                   
                                                                               
  REP. KOTT asked, based on suggestion, information or                         
  material on the front cover of Cosmopolitan, it would not                    
  meet the test as defined in the Miller case, that taken as a                 
  whole the material lacks serious, literary, scientific or                    
  educational, artistical, or political value.  So the cover                   
  in itself would not essentially require that this material                   
  be covered or not sold to minors?                                            
                                                                               
  Number 436                                                                   
                                                                               
  MR. LUCKHAUPT responded that in most cases that would be                     
  true.  He continued by saying that under this act we do                      
  require things to be covered if the materials inside, if                     
  they do describe things or materials that would lack this                    
  value for minors, including some of the articles in                          
  Cosmopolitan you could say lacked serious literary,                          
  scientific, educational or political value for minors.                       
  Combining that with the earlier definitions that they have                   
  to depict nudity or sexual conduct or something like that,                   
  in certain situations it could.                                              
                                                                               
  Number 472                                                                   
                                                                               
  REP. PHILLIPS remarked that if a municipal ordinance already                 
  prohibits Cosmopolitan magazine from being put on display,                   
  they have it covered now, that could bring up the difference                 
  too that we are talking about, in some cases it could be                     
  local ordinances that would prohibit this type of display of                 
  material.                                                                    
                                                                               
  Number 476                                                                   
                                                                               
  REP. PORTER remarked that for clarification, when he                         
  mentioned Cosmopolitan magazine, that very well could be the                 
  policy of the store, not the law.                                            
                                                                               
  REP. JAMES inquired as to whether the reference to children                  
  or to minors is two different things, and what are we                        
  referring to, and children being children, say age 12 and                    
  under, would be the most at risk?  She remarked that we                      
  don't take any responsibility ourselves, and thus should we                  
  legislate what we should or shouldn't do for our children.                   
  The issue to her is do we have, as a government, a right to                  
  impose that upon the people without taking any                               
  responsibility ourselves for what our children do?                           
                                                                               
  Number 531                                                                   
                                                                               
  DANIELLA LOPER, Judiciary Committee Aide, inquired about the                 
  Pope case and the fact that the Pope case came out after the                 
  Miller case and inquired as to whether the standards for                     
  community conduct, might pose a problem?                                     
                                                                               
  Number 540                                                                   
                                                                               
  MR. LUCKHAUPT responded that he was not familiar with the                    
  Pope case.                                                                   
                                                                               
   Number 580                                                                  
                                                                               
  REP. KOTT remarked that discussion on this particular issue                  
  has already been dealt with.  He believed the Pope case                      
  deals with the third prong, the tripartite test established                  
  under Miller.  We are not applying community standards with                  
  the first (inaudible) in which community standards are dealt                 
  with that was affirmed in the Miller case.  Again, under                     
  Jenkins v. Georgia, the Supreme Court said in their ruling                   
  the Constitution does not require that juries be instructed                  
  in state of society cases to apply the standards of a                        
  hypothetical statewide community.                                            
                                                                               
  Number 604                                                                   
                                                                               
  MR. LUCKHAUPT again remarked that he had not read Pope.                      
                                                                               
  Number 621                                                                   
                                                                               
  REP. DAVIDSON asked if Mr. Luckhaupt could address what is                   
  considered a tougher free speech standard in Alaska's                        
  Constitution compared to other states.                                       
                                                                               
  Number 625                                                                   
                                                                               
  MR. LUCKHAUPT responded that we have greater right to                        
  privacy standard that exists.  I'm not sure we have a                        
  greater free speech standard that exists.  The right to                      
  privacy standard would enter into the possession of obscene                  
  material by adults.  I think there would be a distinction                    
  here by the possession of material by minors.                                
                                                                               
  Number 681                                                                   
                                                                               
  REP. KOTT remarked that the first amendment of the U.S.                      
  Constitution says Congress shall make no law abridging the                   
  freedom of speech and we do have a corresponding provision                   
  in Alaska's constitution that provides the opportunity for a                 
  person to speak or publish freely, but it does not provide                   
  an opportunity to provide access freely to that information.                 
                                                                               
  CHAIRMAN PORTER inquired as to whether there was a provision                 
  that said that we would have to cover the material displayed                 
  on a publication if there were descriptions that we would                    
  find harmful  within the publication descriptions?                           
                                                                               
  Number 715                                                                   
                                                                               
  MR. LUCKHAUPT responded that if you display material which                   
  is harmful to minors, and that includes the covers and                       
  packaging of the material, in a place where minors are                       
  present and able to view the material, not just the covers,                  
  then each item of the material must be sealed in an opaque                   
  wrapper or kept behind blinder racks.  It doesn't matter if                  
  the material harmful to minors is just on the cover.                         
                                                                               
  Number 743                                                                   
                                                                               
  CHAIRMAN PORTER inquired as to why you would put an opaque                   
  wrapper on material that is not offensive on its face?                       
                                                                               
  Number 747                                                                   
                                                                               
  MR. LUCKHAUPT responded that on the cover of it, the                         
  requirement of an opaque wrapper is that the juvenile can't                  
  just open up the book and look at whatever the material is.                  
  He further responded that on page 2, lines 14 - 18, the                      
  reference in the legislation is to other than printed                        
  material.                                                                    
                                                                               
  Number 777                                                                   
                                                                               
  REP. JAMES inquired as to whether music recordings and those                 
  kinds of things are covered and where those items fit into                   
  this discussion?                                                             
                                                                               
  Number 786                                                                   
                                                                               
  MR. LUCKHAUPT responded that the definition of material on                   
  page 3, lines 9 through 11 includes motion picture film,                     
  record, compact disc, recording tape or video tape.                          
                                                                               
  Number 790                                                                   
                                                                               
  REP. JAMES followed up by asking if a minor were to see a                    
  display case with offensive material wrapped up, would that                  
  be an enticement for them to just go look?  What is to be                    
  gained by that issue?                                                        
                                                                               
  Number 810                                                                   
                                                                               
  MR. LUCKHAUPT responded that a little of that is what Labor                  
  and Commerce Committee tried to deal with.  That issue of                    
  the tapes and video tapes, if its not on the cover, if the                   
  material harmful to minors is not on the cover, if you don't                 
  have a visual depiction of what is material that is harmful                  
  to minors, then they don't have to cover that material up.                   
  They still couldn't sell that material to a person under the                 
  age of 18, to that extent, they will have to rely on some                    
  representations from the manufacturer.                                       
                                                                               
  Number 838                                                                   
                                                                               
  CHAIRMAN PORTER remarked that there were a couple of issues;                 
  one is that we are saying that "harmful to minors means any                  
  description or representation in whatever form of these                      
  things that fall under the three prong test" and that would                  
  mean a verbal recitation in paragraph form of one of these                   
  acts if it met all these tests.  So, are we in effect                        
  saying, that any bookstore open to the public, where they                    
  have racks and racks of books, that one, if there is that                    
  kind of paragraph inside the book, that they may not sell                    
  that to a minor.                                                             
                                                                               
  Number 850                                                                   
                                                                               
  MR. LUCKHAUPT responded that they may not sell that to a                     
  minor, that would be correct.                                                
                                                                               
  Number 851                                                                   
                                                                               
  CHAIRMAN PORTER remarked that secondly, under legal's                        
  interpretation, as this is worded, they would have to cover                  
  that with a binder board or an opaque wrapper.                               
                                                                               
  Number 854                                                                   
                                                                               
  MR. LUCKHAUPT responded that if the material is offered for                  
  sale in a place where minors are present or allowed to be                    
  present, then it would have to be kept behind a binder board                 
  or opaque wrapper.                                                           
                                                                               
  Number 860                                                                   
                                                                               
  REP. PHILLIPS stated on page 2, line 5, it only deals with                   
  selling and she would like us to deal with renting of such                   
  material also.                                                               
                                                                               
  TAPE 94-54, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN PORTER declared that HB 487 would be held in                        
  committee and declared the House Judiciary Standing                          
  Committee adjourned at 3:05 p.m.                                             
                                                                               
  BILLS NOT HEARD                                                              
                                                                               
  SB 321:   FINGERPRINTING AND CRIME RECORDS                                   

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