Legislature(1993 - 1994)

04/21/1994 08:40 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
  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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