Legislature(1993 - 1994)
04/21/1994 08:40 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 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."
JACK PHELPS, STAFF, REPRESENTATIVE PETE KOTT spoke on behalf
of HB 487. He stated that the purpose of the legislation is
to reduce the unwanted exposure of minors to obscene
material. He noted that the bill was based on the Supreme
Court decision Miller versus California which defines
~'obscenity." He asserted that the legislation does not
impact first amendment rights. The bill would make it
illegal to sell or rent obscene material to minors. The
legislation requires that adult obscene material be covered
or placed behind blinder racks.
In response to a question by Representative Navarre, Mr.
Phelps clarified that obscene music would be effected.
Representative Navarre referred to page 1, line 12 through
14. He asked if the "average adult person" and "contemporary
community standards" are defined in statute. Mr. Phelps
stated that "contemporary community standards" is defined as
"prevailing in the state as a whole." He stressed that the
language was developed by the United States Supreme Court.
Co-Chair MacLean asked who decides if "material lacks
serious
literary, scientific, educational, artistic, or political
value for minors." She asked if the Old Testament would be
censored since it depicts naked persons. She asked the
meaning on page 3, line 24, for male genitals to be covered
in a discernible turgid state.
BILL POPS, SOLDTNA testified via the teleconference network
in opposition to HB 487. He expressed concern with who would
make decisions in regards to contemporary community
standards. He questioned if first amendment rights would be
violated. He owns a music and bookstore. He stressed that it
would be impossible for him to preview every piece of
literature or music sold by his store. He urged the
Committee to not pass HB 487.
In response to a question by Representative Therriault, Mr.
Pops suggested the legislation would be improved if it were
narrowed to target adult magazines and movies.
In response to a question by Representative Martin, Mr. Pops
clarified that his major concern is in regards to page 3,
section 1.
Representative Brown objected to the legislation based on
freedom of speech concerns.
(Tape Change, HFC 94-135, Side 1)
Representative Therriault MOVED to AMEND HB 487 on page 3,
line 19 to delete "record, compact disc and recording tape."
Representative Therriault explained that the amendment was
offered to narrow the scope. He felt that adult magazines
and videos should be kept out of the reach of children.
Representative Navarre wondered if "video" should also be
deleted. He suggested that the legislation could be amended
to require sexually explicit video tapes to be kept in a
separate section. He stressed the difficulty in categorizing
videos.
Mr. Phelps pointed out that the legislation provides that
the person must knowingly sale, rent, or display items
covered by the definition. He stressed the definition of
obscenity has been approved by the Supreme Court. He
emphasized that the U.S. Supreme Court has said that obscene
material does not fall under the protection of the first
amendment. He noted that Anchorage has a similar ordinance.
Representative Martin OBJECTED to the motion to amend HB
487. A roll call vote was taken on the motion.
IN FAVOR: Brown, Hanley, Grussendorf, Navarre, Parnell,
Therriault, MacLean, Larson
OPPOSED: Martin
Representative Hoffman was not present for the vote.
The MOTION PASSED (8-1).
Representative Brown MOVED to TABLE CSHB 487 (FIN).
Representative Therriault OBJECTED. A roll call vote was
taken on the motion.
IN FAVOR: Brown, Grussendorf, Navarre, MacLean
OPPOSED: Hanley, Martin, Parnell, Therriault
Representative Hoffman was not present for the vote.
The MOTION FAILED (4-5).
Co-Chair MacLean spoke in opposition to CSHB 487 (FIN).
Representative Therriault MOVED to report CSHB 487 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal note. Co-Chair MacLean OBJECTED.
Representative Navarre spoke against moving the bill from
Committee. He stressed that the legislation needs work. He
maintained that the legislation makes sweeping changes with
unknown consequences. A roll call vote was taken on the
motion.
IN FAVOR: Hanley, Martin, Parnell, Therriault
OPPOSED: Brown, Grussendorf, Navarre, MacLean
Representative Hoffman was not present for the vote.
The MOTION FAILED (4-5).
Representative Navarre MOVED to RESCIND the Committee's
action in failing to move CSHB 487 (FIN) from Committee. A
roll call vote was taken on the motion.
IN FAVOR: Brown, Grussendorf, MacLean, Larson
OPPOSED: Hanley, Martin, Navarre, Parnell, Therriault
Representative Hoffman was not present for the vote.
The MOTION FAILED (4-5).
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