Legislature(1993 - 1994)
03/22/1994 03:00 PM L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= 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.