03/31/1994 08:10 AM House JUD

  CSSSHB  487  (L&C)  - SALE/DISPLAY  OF  MATERIAL  HARMFUL TO                 
  MINORS                                                                       
                                                                               
  CHAIRMAN  PORTER  announced  the  committee  would  consider                 
  CSSSHB 487.                                                                  
                                                                               
  JACK PHELPS, Legislative  Aide to Representative  Pete Kott,                 
  explained  the  principle change  in the  proposed committee                 
  substitute  relates   to  comments  that  developed  in  the                 
  committee.   The principle change  to the  substance of  the                 
  bill in terms of the codified part of the bill is in Section                 
  2.   That  change  just rolled  "rental"  and  "display  for                 
  rental"  into the  bill.   He said  the  definitions weren't                 
  changed or anything else in the bill.  The provisions of the                 
  bill that apply to  "sale" will now also apply  to "rental."                 
  The parts that apply  to "display for sale," now  also apply                 
  to "display for rental."                                                     
                                                                               
  Mr.  Phelps  said   the  other  changes  in   the  committee                 
  substitute incorporate  changes in the  findings and  intent                 
  section,  Section  1.    Granted  that findings  and  intent                 
  sometimes are  window dressing,  when you  are dealing  with                 
  issues  such  as this  that have  a  direct effect  on first                 
  amendment rights and constitutional issues, they can serve a                 
  useful  purpose.   Mr.  Phelps  stated one  of  the concerns                 
  expressed by the committee was whether or not the provisions                 
  of this bill would apply to a particular article in Reader's                 
  Digest or  the cover of Cosmopolitan.   He said  he tried to                 
  address that by ruling language into the intent section that                 
  highlights  the "taken as  a whole" provisions  of the bill.                 
  He referred to  2, line 2 and  said the bill now  reads "The                 
  legislature intends that the definition of "material harmful                 
  to minors" be  narrowly construed, so  it does not apply  to                 
  materials   in   general  circulation   that   contain  only                 
  relatively  brief passages,  or  incidental descriptions  of                 
  material harmful to minors; and the legislature intends that                 
  the phrase taken  as a whole  in the definition of  material                 
  harmful to minors be applied in  a broad sense so as not  to                 
  unduly  restrict  access  to  materials  that  have  serious                 
  literary or scientific, educational,  artistic, or political                 
  value."                                                                      
                                                                               
  MR. PHELPS said the bill deals with material deemed  harmful                 
  to  minors.     Essentially,  using   a  classic   obscenity                 
  definition is not trying to deal with material that would be                 
  inappropriate for minors.  That is  a distinction that would                 
  be helpful for the committee to keep in mind.                                
                                                                               
  MR.  PHELPS  referred to  the  third  issue  raised  by  the                 
  committee  as  to  whether  or  not  there  was  a  scienter                 
  provision.  He referred to page 2, line 13, where it clearly                 
  says, "knowingly."                                                           
                                                                               
  Number 372                                                                   
                                                                               
  CHAIRMAN PORTER understood that the clerk at the  book cache                 
  that has 500 paperbacks displayed does not have to read each                 
  one to find  out if  there are  any passages  that fits  the                 
  categories.                                                                  
                                                                               
  MR. PHELPS said he believes that is correct.                                 
                                                                               
  Number 380                                                                   
                                                                               
  REPRESENTATIVE  JAMES  moved  to  adopt  CSSSHB  487  (JUD).                 
  Hearing no objection, the motion carried.  She then moved to                 
  pass  CSSSHB  487 (JUD),  out  of committee  with individual                 
  recommendations and zero fiscal notes.                                       
                                                                               
  Number 392                                                                   
                                                                               
  REPRESENTATIVE  GREEN  objected.   His  concern  was  it may                 
  create litigation.                                                           
                                                                               
  Number 398                                                                   
  MR. PHELPS  stated that it appears  to be the belief  of the                 
  Department of Law, since they have  moved from a fiscal note                 
  that had "X's" in it, to a fiscal note that has a zero, that                 
  this  bill has  now been carefully  drafted to  align itself                 
  with a whole series of Supreme Court cases.  He believes the                 
  opportunity  for  litigation  is minimal.    That  belief is                 
  strengthened by the  fact that the industry  essentially has                 
  said they do not see  any serious problems with the bill  as                 
  it is  currently  drafted.   The  chance for  litigation  is                 
  always there,  but has  been considerably  minimized by  the                 
  care in crafting this according to court instructions.                       
                                                                               
  Number 413                                                                   
                                                                               
  CHAIRMAN  PORTER  asked  if  there  was  further discussion.                 
  There being none, he asked if  there was still an objection.                 
  Hearing  no further objection, the CSSSHB  487 passed out of                 
  the House Judiciary Committee.