Legislature(1993 - 1994)
03/22/1994 03:00 PM House L&C
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE
STANDING COMMITTEE
March 22, 1994
3:00 p.m.
MEMBERS PRESENT
Rep. Bill Hudson, Chairman
Rep. Joe Green, Vice Chair
Rep. Brian Porter
Rep. Joe Sitton
Rep. Eldon Mulder
Rep. Bill Williams
MEMBERS ABSENT
Rep. Jerry Mackie
COMMITTEE CALENDAR
HB 506: "An Act relating to student loans; to sanctions
for defaulting on a student loan, including denial
of a state occupational license or disbursement of
state money; and providing for an effective date."
HEARD AND HELD IN COMMITTEE
HB 497: "An Act relating to electric and telephone
cooperatives."
PASSED OUT OF COMMITTEE
SB 212: "An Act relating to the giving of procurement
notices; changing the content of the required
procurement reports to the legislature by the
commissioner of administration; relating to
publications produced by state agencies;
establishing an innovative construction
procurement methods pilot program; and
establishing legislative findings, a legislative
purpose, and legislative intent for state
procurement; and providing for an effective date."
PASSED 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."
PASSED OUT OF COMMITTEE
WITNESS REGISTER
REP. CON BUNDE
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-4843
Position Statement: Prime sponsor of HB 506
JOE McCORMICK, Executive Director
Postsecondary Education Commission
Department of Education
3030 Vintage Blvd.
Juneau, Alaska 99801-7109
465-6740
Position Statement: Supported HB 506
NANCY BEAR USERA, Commissioner
Department of Administration
P.O. Box 110200
Juneau, Alaska 99811-0200
465-2200
Position Statement: Opposed HB 506
PAIGE ADAMS
6-B Lifesaver Dr.
Sitka, Alaska 99835
966-2244
Position Statement: Supported HB 506
(Spoke via teleconference)
TRACI COHEN
Kenai Peninsula College
College Road
Soldotna, Alaska 99669
262-0339
Position Statement: Supported HB 506
(Spoke via teleconference)
HELEN PHINNEY
P.O. Box 739
Ward Cove, Alaska 99928
247-8598
Position Statement: Supported HB 506
(Spoke via offnet)
BRIAN BREBAKER
University of Fairbanks
Fairbanks, Alaska
474-5214
Position Statement: Supported HB 506
(Spoke via offnet)
NICKO BRANCHEK
No further information given
BING SANTAMOUR
P.O. Box 1573
Pouch 219
Bethel, Alaska 99559
543-3521
Position Statement: Supported HB 506
(Spoke via teleconference)
STEVE LEVINSON
P.O. Box 930
Dillingham, Alaska 99576
842-5994
Position Statement: Supported HB 506
(Spoke via teleconference)
BOBBITT BUSH
P.O. Box 49
Aniak, Alaska 99557
675-4250
Position Statement: Supported HB 506
REP. JOE GREEN
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-4931
Position Statement: Prime Sponsor of HB 497
DAVE HUTCHENS
Alaska Rural Cooperative
703 W. Tudor Rd., #200
Anchorage, Alaska 99503
561-6123
Position Statement: Supported HB 497
(Spoke via teleconference)
DAN BLOOMER
Chugach Electric Association
5601 Minnesota Dr.
Anchorage, Alaska 99519
762-4595
Position Statement: Supported HB 497
(Spoke via teleconference)
JOSH FINK, Staff
Sen. Tim Kelly
Alaska State Legislature
Juneau, Alaska 99801-1182
465-3822
Position Statement: Read sponsor statement on SB 212
CHRIS GATES, Director
Division of Economic Development
Department of Commerce and Economic Development
P.O. Box 110804
Juneau, Alaska 99811-0804
465-2017
Position Statement: Supported SB 212
RESA JERREL, Lobbyist
National Federation of Independent Businesses
9159 Skywood Lane
Juneau, Alaska 99801
789-4278
Position Statement: Supported SB 212
JOSH WARNER, Owner
Alaska Corporation Printing
P.O. Box 22451
Juneau, Alaska 99801
790-3388
Position Statement: Supported SB 212
LOREN RASMUSSEN, Chief
Design and Construction Center
Department of Transportation
3132 Channel Drive
Juneau, Alaska 99801
465-2960
Position Statement: Present to answer questions
JACK PHELPS, Staff
Rep. Pete Kott
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-3777
Position Statement: Presented HB 487
REED STOOPS, Lobbyist
240 Main Street, Suite 600
Juneau, Alaska 99801
463-3223
Position Statement: Testified on HB 487
PREVIOUS ACTION
BILL: HB 506
SHORT TITLE: STUDENT LOAN PROGRAM
SPONSOR(S): HEALTH, EDUCATION AND SOCIAL SERVICES BY REQUEST
JRN-DATE JRN-PG ACTION
02/16/94 2416 (H) READ THE FIRST TIME/REFERRAL(S)
02/16/94 2416 (H) HES, L&C, FINANCE
03/03/94 (H) HES AT 03:00 PM CAPITOL 106
03/03/94 (H) MINUTE(HES)
03/07/94 (H) MINUTE(HES)
03/08/94 (H) MINUTE(HES)
03/08/94 (H) MINUTE(HES)
03/08/94 (H) MINUTE(HES)
03/11/94 2720 (H) HES RPT CS(HES) 3DP 4NR 2AM
03/11/94 2721 (H) DP: G.DAVIS, BUNDE, TOOHEY
03/11/94 2721 (H) NR: VEZEY, OLBERG, NICHOLIA,
KOTT
03/11/94 2721 (H) AM: B.DAVIS, BRICE
03/11/94 2721 (H) -FISCAL NOTE (DCED) 3/11/94
03/11/94 2721 (H) -ZERO FISCAL NOTE (DOE) 3/11/94
03/22/94 (H) L&C AT 03:00 PM CAPITOL 17
BILL: HB 497
SHORT TITLE: OFFICERS OF UTILITY COOPERATIVES
SPONSOR(S): REPRESENTATIVE(S) GREEN
JRN-DATE JRN-PG ACTION
02/14/94 2381 (H) READ THE FIRST TIME/REFERRAL(S)
02/14/94 2381 (H) CRA, L&C
02/28/94 2550 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
02/28/94 2550 (H) CRA, LABOR & COMMERCE
BILL: SB 212
SHORT TITLE: STATE PROCUREMENTS AND PUBLICATIONS
SPONSOR(S): LABOR & COMMERCE BY REQUEST OF SENATE ECONOMIC
TASK FORCE
JRN-DATE JRN-PG ACTION
05/07/93 2113 (S) READ THE FIRST TIME/REFERRAL(S)
05/07/93 2113 (S) LABOR & COMMERCE, FINANCE
11/17/93 (S) MINUTE(L&C)
01/27/94 (S) L&C AT 01:30 PM FAHRENKAMP
ROOM 203
01/27/94 (S) MINUTE(L&C)
02/03/94 (S) L&C AT 01:30 PM FAHRENKAMP
ROOM 203
02/03/94 (S) MINUTE(L&C)
02/08/94 (S) L&C AT 01:30 PM FAHRENKAMP
ROOM 203
02/08/94 (S) MINUTE(L&C)
02/09/94 2749 (S) L&C RPT CS 2DP 2NR
NEW TITLE
02/09/94 2749 (S) FNS TO SB & CS PUBLISHED (ADM,
DOT)
02/09/94 2749 (S) ZERO FN TO SB & CS PUBLISHED
(ADM)
02/15/94 2859 (S) FIN RPT CS 5DP 1NR
NEW TITLE
02/15/94 2859 (S) PREVIOUS FNS APPLY (ADM, DOT)
02/15/94 2859 (S) PREVIOUS ZERO FN APPLIES (ADM)
02/15/94 (S) FIN AT 09:00 AM SENATE FINANCE
ROOM 518
02/22/94 (S) RLS AT 00:00 AM FAHRENKAMP
ROOM 203
02/22/94 (S) MINUTE(RLS)
02/27/94 (S) MINUTE(L&C)
02/28/94 2990 (S) RULES TO CALENDAR 3CAL 1NR
2/28/94
02/28/94 2996 (S) READ THE SECOND TIME
02/28/94 2996 (S) FIN CS ADOPTED UNAN CONSENT
02/28/94 2996 (S) AM NO 1 MOVED BY DUNCAN
02/28/94 2996 (S) MOTION TO HOLD TO 3/2 CAL
WITHDRAWN
02/28/94 2997 (S) AM NO 1 WITHDRAWN
02/28/94 2997 (S) AM NO 2 MOVED BY DONLEY
02/28/94 2997 (S) AM NO 2 ADOPTED Y11 N6 A3
02/28/94 2998 (S) ADVANCED TO THIRD READING
UNAN CONSENT
02/28/94 2998 (S) READ THE THIRD TIME
CSSB 212(FIN) AM
02/28/94 2998 (S) PASSED Y16 N1 A3
02/28/94 2998 (S) EFFECTIVE DATE SAME AS PASSAGE
02/28/94 2998 (S) Adams NOTICE OF RECONSIDERATION
03/02/94 3039 (S) RECONSIDERATION NOT TAKEN UP
03/02/94 3040 (S) TRANSMITTED TO (H)
03/04/94 2598 (H) READ THE FIRST TIME/REFERRAL(S)
03/04/94 2598 (H) LABOR & COMMERCE, FINANCE
03/05/94 (H) MINUTE(ECO)
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
ACTION NARRATIVE
TAPE 94-27, SIDE A
Number 001
HB 506 - STUDENT LOAN PROGRAM
REP. CON BUNDE, Co-Chair of the House HESS Committee,
presented HB 506. Rep. Bunde stated that HB 506 was
requested by the Postsecondary Education Commission to allow
the program to run in a more business like fashion.
REP. BUNDE outlined the important changes to the program and
asked Mr. McCormick of the Postsecondary Education
Commission to elaborate.
Number 080
JOE McCORMICK, Executive Director, Postsecondary Education
Commission, Department of Education, testified in support of
HB 506. He stated that HB 506 would accomplish the
following:
1) Enhancement of repayment terms by allowing for a variable
interest rate and providing a consolidation program.
2) Improved ability to collect loans.
3) Would allow for garnishment of wages when loan is in
default.
4) Simplify the loan process.
5) Prevent future delinquencies by disallowing people to
reapply for a student loan within five years of bankruptcy
or default.
Number 175
NANCY BEAR USERA, Commissioner, Department of
Administration, testified in opposition to certain
provisions of HB 506. Ms. Usera stated there are three
areas of the bill that the department objects to:
1) HB 506 gives priority to garnishment of wages for
repayment of student loans over and above all other
garnishments or attachments with the exception of child
support.
MS. USERA stated that better tools need to be given to the
commission to make better loans, but to supercede private
sector obligations is not the way to handle it.
2) The Department of Administration also objects to the
provision in HB 506 that would hold up vendor payments to
contractors who have otherwise completed the terms of a
contract but have a student loan delinquency.
MS. USERA noted that the commission already has the ability
to garnish wages; this bill would place the student loan
program second behind child support payments.
Number 275
MS. USERA offered an amendment that would in effect remove
the priority of the student loans programs for garnishment
second to child support obligations. Secondly, it would
remove the requirements that the department would withhold
vendor payments.
Number 295
REP. MULDER stated that he was opposed to the amendment
because it is bad public policy to turn a blind eye to
someone who is delinquent on their student loan and then
award and pay them through a state contract.
Number 310
REP. PORTER agreed with Rep. Mulder, but stated he does
support the provision in the bill that would give the
student loan corporation priority over and above all other
garnishments except child support.
Number 315
COMMISSIONER USERA noted that there would be a significant
fiscal impact on the Department of Administration if HB 506
passes as is.
Number 330
REP. SITTON asked what sort of impact HB 506 would have on
the Department of Administration.
Number 335
MR. McCORMICK interjected that the commission has
approximately 125,000 loan accounts out, and only a small
percentage do contractual work for the state of Alaska. Of
those, only a fraction may be in default.
Number 342
COMMISSIONER USERA replied that the department would have to
scan 125,000 files prior to making a disbursement to a
vendor.
Number 375
REP. SITTON asked what the average number of vendors was in
a typical month.
Number 385
COMMISSIONER USERA responded there are 52,000 vendors that
the Department of Administration process's checks for.
Number 395
REP. MULDER discussed the ways in which the Department of
Administration could meld 150,000 student loan applicants
with 52,000 vendors.
Number 406
MR. McCORMICK responded that he didn't believe the issue to
be an administrative one, but more of a public policy
question of whether or not to pay vendors if they are behind
in their student loan payments.
MR. McCORMICK stated he felt it was important to send a
message to applicants that the state of Alaska sincerely
expects them to repay the loans they have with the state.
Number 435
REP. PORTER stated the technology is such that running the
delinquency list against the vendor list once a month
wouldn't involve much.
COMMISSIONER USERA stated that there would be a hefty
administrative cost to accomplish this function and it is
not as simple as it sounds.
REP. WILLIAMS asked how the student loan program is funded.
COMMISSIONER USERA replied that the loans are funded through
bonds.
Number 460
CHAIRMAN HUDSON clarified for the committee what he thought
the issues were in this debate.
Number 480
COMMISSIONER USERA reiterated that adding the function of
scanning the student loan rolls to match delinquent
applicants to vendor payments adds a tremendous burden to
the Division of Finance. She added that if there was some
RSA funds suggested to cover this added burden she would
certainly reconsider.
Number 490
MR. McCORMICK responded by saying that he would entertain a
reasonable charge back type of arrangement.
Number 510
REP. GREEN asked if there was a higher delinquency rate for
those students who attended school outside the state and may
have stayed outside. Also, can you garnish outside the
state?
Number 525
MR. McCORMICK responded that we can garnish outside the
state, but you have to look at the costs involved to see
whether or not its worth it.
Number 542
PAIGE ADAMS, Coalition of Student Leaders, testified via
teleconference in support of HB 506.
Number 549
TRACI COHEN, Student Network, Kenai Peninsula College,
testified via teleconference in support of HB 506. Ms.
Cohen felt it was important that the message get out to
people that if you do not pay your student loan your wages
will be garnished.
Number 573
HELEN PHINNEY testified via offnet in support of HB 506.
She stated she could not overstate the importance of the
student loan program and the importance of using all the
available resources to make sure these loans are paid back.
Number 588
BRIAN BREBAKER, University of Fairbanks, Coalition of
Student Leaders, stated his support of HB 506 via offnet.
He added that the coalition would like to see a cap on the
interest rate for the loans.
TAPE 94-27, SIDE B
Number 001
NICKO BRANCHEK stated he is a recipient of a student loan
and supports HB 506. He added that he is supportive of the
idea of a cap on the interest rates on student loans.
Number 020
BING SANTAMOUR testified via teleconference in support of HB
506. Ms. Santamour stated she also supports the cap on
interest rates.
Number 082
STEVE LEVINSON, Alaska State Chamber and Bethel Chamber of
Commerce, testified via teleconference in support of HB 506.
Both chambers have adopted resolutions in support of reform
of the program. The State Chamber opposes a cap on interest
rates because the costs of the bonds could go well beyond
the cap and make the program not cost efficient.
Number 115
TRACI COHEN added to her previous testimony by saying that
she perceives the permanent fund to be a privilege and the
students who are in default on loans don't deserve it.
Number 130
REP. MULDER asked if the interest rate cap was ever
considered in the discussions on HB 506.
Number 135
MR. McCORMICK stated that it was considered, but interest
rates can skyrocket and if there was a cap the loan program
could become unsound if they skyrocket too high.
Number 160
CHAIRMAN HUDSON announced that the committee would hold
HB 506 over until the next meeting and asked Commissioner
Usera to prepare the amendments she testified to.
HB 497 - OFFICERS OF UTILITY COOPERATIVES
Number 190
REP. JOE GREEN, Prime Sponsor of HB 497, stated that HB 497
would modify an existing statute to allow electric
cooperatives to change the names of its officers to come in
line with the standard business titles of other corporations
in the country.
Number 231
DAVE HUTCHENS, Executive Director of the Alaska Rural
Cooperative, testified via teleconference in support of HB
497. Mr. Hutchens dittoed Rep. Green's testimony.
Number 251
DAN BLOOMER, Chugach Electric Association, testified via
teleconference by echoing the supportive testimony given
above. He said he believes HB 497 would allow his
organization to work more efficiently with their peers.
Number 270
REP. PORTER asked if the terms in HB 497 were politically
correct.
Number 284
REP. MULDER moved CSHB 497(L&C) with zero fiscal notes and
individual recommendations.
SB 212 - STATE PROCUREMENTS AND PUBLICATIONS
Number 295
JOSH FINK, Staff, Sen. Tim Kelly, Chair of the Senate Labor
& Commerce Committee, presented SB 212 and read the
following sponsor statement:
State government is one of the largest purchasers of goods
and services in the Alaskan economy.
SB 212 aims to help strengthen Alaska's economy by
increasing the share of State government's contracts for
goods and services going to Alaskan businesses.
Specifically, this legislation would establish an Innovative
Construction Procurement Methods Pilot Program within the
DOT/PF for a period of two years to implement an Alaska
Bonus Program to replace the current preferences.
Current incentives include the Alaskan Bidders Preference,
Alaska Subcontracting, Disadvantage Business
Enterprises/Equal Employment Opportunity programs, and
Alaska Products Preference, and the Alaska Hire Program.
The latter two are largely unworkable and consequently
underutilized or not utilized at all. Allowing DOT/PF to
test on a trial basis a bonus system which provides bonuses
at project completion and encourages the same policy goals
would be more economically beneficial for vendors, reduce
administrative costs and bid protests, and could likely be
used in joint federal/state projects where State preferences
are currently not allowed.
Lastly, this bill incorporates a number of provisions from
the "Make-it-Alaskan" legislation from the 17th Legislature,
House Bill 245, which would also increase the amount of
State work going to Alaskans. This bill would:
1) Encourage procurement officers to restrict notice of
contract solicitation to Alaskan suppliers and providers of
services desiring to compete for state contract work. (This
practice is already standard in DOT/PF);
2) Require the commissioner to include in his report to the
legislature on State procurement the number of bidders
located in-state and out-of-state that bid or made proposals
on procurement;
3) Replace the statutory requirement that State
publications be produced at State-operated facilities with a
requirement that State publications be produced at a private
sector facility located in the State when practical. In
addition, standards for the production of publications would
be established by the Department of Administration, and a
cost box would be required for all publication's exceeding
$1,500.00 in cost.
Number 342
CHRIS GATES, Director, Division of Economic Development,
Department of Commerce and Economic Development, testified
in support of SB 212. He stated that his division has been
working hard on one provision in SB 212, the Innovative
Construction Procurement Methods Pilot Program. Mr. Gates
stated that SB 212 will allow the state to offer incentives
for federal contracts.
MR. GATES added that SB 212 cures a lot of administrative
problems that the state currently has with the bid based
program.
Number 388
RESA JERREL, Lobbyist, National Federation of Independent
Businesses (NFIB), testified in support of SB 212. She
added that 83% of the members of NFIB polled support getting
government out of competing with private business.
Number 400
JOSH WARNER, Owner, Alaska Corporation Printing, testified
in support of SB 212. He stated that with the technological
advances of the last decade, centralized printing centers
run by the government are outdated.
Number 435
LOREN RASMUSSEN, Chief of Design and Construction Center,
Department of Transportation, testified in favor of SB 212.
He stated that SB 212 would not eliminate the competitive
sealed bid process. He said SB 212 would allow the
opportunity to improve the use of Alaskan products
preferences, subcontracting and Alaska hire.
Number 485
REP. SITTON asked if the integrated pilot program in SB 212
would get in the way of the minority business enterprise
function.
Number 487
MR. RASMUSSEN replied no.
Number 490
REP. MULDER asked if the effective dates in Sections 2 and 3
were the result of this being a pilot program.
Number 500
MR. RASMUSSEN stated that those sections do not apply to the
integrated program, it applies to when and where DOT
advertises contracts.
Number 505
REP. GREEN offered Amendment 1, page 2, line 30. This
amendment would encourage use of in-state investment and
brokerage services whenever possible.
Number 530
MR. FINK added that there was similar language in the
original bill, but it was taken out as there was some
concern that other legislation could get tagged on to it.
Number 535
CHAIRMAN HUDSON asked if there were any objections to
Amendment 1. No objections were heard; Amendment 1 was
adopted.
Number 540
REP. GREEN moved HCSCS SB 212(L&C) am with individual
recommendations and fiscal note. No objections were heard;
it was so ordered.
HB 487 - SALE/DISPLAY OF MATERIAL HARMFUL TO MINOR
Number 555
CHAIRMAN HUDSON brought up HB 487 and noted that Rep. Sitton
and Chairman Hudson made up the subcommittee that asked the
sponsor of the bill to present to the committee a CS that
addressed some of the concerns expressed.
Number 575
JACK PHELPS, Staff, Rep. Pete Kott, Prime Sponsor of HB 487,
outlined the proposed CS. Mr. Phelps explained the
differences between the original bill and the CS:
1) added a section of intent;
2) CS removes the labeling requirements on recorded
material;
3) CS only restricts sale and display for sale;
4) expansive definition of what was harmful to minors has
been greatly reduced;
5) CS provides for an affirmative defense for a person who
makes a bonifide attempt to determine the age of the
purchaser.
Number 625
CHAIRMAN HUDSON moved to adopt the 3/22/94 CS of HB 487. No
objections were heard; it was so ordered.
TAPE 94-28, SIDE A
Number 001
MR. GREEN asked if Section 2 would now have no effect on the
material but how it is presented.
Number 015
MR. PHELPS explained that Section 2 would prohibit the sale
of material harmful to minors and would require that printed
materials be sealed. If it is recorded material it would
only have to be sealed if the harmful materials are depicted
on the cover.
Number 035
CHAIRMAN HUDSON asked Rep. Porter the difference between a
Class A misdemeanor and a Class B misdemeanor.
REP. PORTER answered that the difference is the range of
sentencing.
REP. SITTON asked for an example of something that was not
obscene to adults but would be harmful to minors.
Number 095
MR. PHELPS stated that there is material that at an adult
level may be acceptable but from which we would want to
protect young people.
Number 114
REP. SITTON again asked for an example.
Number 127
MR. PHELPS suggested that the committee look at the
definitions that are provided in the bill.
Number 138
REP. SITTON stated he still didn't understand. He asked
what data could the sponsor provide that would tell us that
materials harmful to minors is increasing.
Number 148
MR. PHELPS pointed to the lyrics included in the packets.
Number 169
REP. SITTON asked, on page 2, line 31, what is an "average
adult person?"
Number 186
MR. PHELPS replied that this is language that comes from the
U.S. Supreme Court. It is essentially what a representative
sample of the local community would be, similar to a jury.
Number 195
REP. SITTON asked when any court in this land decided that
nudity by itself is obscene.
Number 205
MR. PHELPS replied that it did not. He stated that it was
important to take the entire definition together, it never
says that nudity standing alone was obscene. Nudity as a
whole has all three of the following characteristics listed
on page 2, line 30.
Number 216
REP. SITTON asked if an anatomically correct doll used for
instructional purposes would be construed as obscene.
Number 224
MR. PHELPS asked Rep. Sitton to look at lines 8 and 9 on
page 3. He stated he believed the scenario he painted would
fail the test.
Number 235
REP. SITTON asked who decides what materials have serious
literary, scientific, educational, artistic, or political
value for minors.
Number 247
MR. PHELPS replied that ultimately it would be a jury.
Number 255
REP. SITTON referenced page 3, line 21, and asked if under
this definition of sexual conduct a magazine cover showing
two fully clothed women kissing on the cheek would be
considered to fall under this definition.
Number 270
MR. PHELPS responded that the example used would not meet
the three-part test under this definition.
Number 277
REP. SITTON asked what prompted this legislation. He noted
that nowhere in the bill did it outline the parent's
responsibilities in keeping the minors away from harmful
materials.
Number 280
MR. PHELPS noted that the primary responsibility is with the
parents and the bill is just seeking to address the display
in commercial establishments where children are likely to be
present and are allowed to be present.
MR. PHELPS gave the example of a general merchandize store
in Cordova that has toys on one side of the isle and
material harmful to minors on the other with no division or
attempt to hide it.
Number 290
REP. SITTON stated he is thinking about offering an
amendment that would impose fines on the parents of these
children when they are allowed into places that may be
harmful to them.
Number 300
REED STOOPS, Lobbyist for the Motion Picture Association and
Recording Institute, testified on HB 487. He stated that he
has heard from the Recording Institute regarding the CS and
they only offered one amendment that would further define
what contemporary community standards would be. He said
that the attorney for the Motion Picture Association was
travelling and unable to review the CS.
MR. STOOPS stated his clients were not necessarily in
support of HB 487, but if the committee were to pass this
version out, they were at least comfortable with the
constitutionality of the bill.
REP. PORTER asked if the Supreme Court has ruled on what is
meant by community standards.
MR. PHELPS responded that the court ruled that community
standards would essentially be reflected through juries.
REP. PORTER offered an amendment provided by Mr. Stoops with
the qualification that when it gets to the Judiciary
Committee it will be looked at from a constitutional
standpoint.
Number 360
CHAIRMAN HUDSON explained that Amendment 1 would modify the
bill to define contemporary community standards.
Amendment 1 was adopted.
Number 370
REP. GREEN moved CSHB 487(L&C) with individual
recommendations and a zero fiscal note.
REP. SITTON objected, so the following roll call vote was
taken:
REP. MULDER YES
REP. GREEN YES
REP. WILLIAMS NAY
REP. SITTON NAY
REP. PORTER YES
REP. HUDSON YES
CSHB 487(L&C) moved out of committee with individual
recommendations and a zero fiscal note.
CHAIRMAN HUDSON adjourned the meeting at 5:00 p.m.
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