Legislature(1993 - 1994)
03/15/1994 03:00 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 487 - SALE/DISPLAY OF MATERIAL HARMFUL TO MINOR Number 435 JACK PHELPS, Staff, Rep. Pete Kott, Prime Sponsor of HB 487, offered the following sponsor statement for the record: The introduction of House Bill 487 was prompted by the sponsor's concern over the growing number of violent crimes in Alaska. Cases of reported rape, for example, nearly doubled between 1989 and 1991. Furthermore, there is growing evidence that violent crimes, especially rape and murder, are more frequently committed by young people. The sponsor believes that a contributing factor in this rising violence among young people is the increased frequently of sex-related violence as a theme in rock and rap music. This conclusion has been supported by the U.S. Attorney General's Commission of Pornography which found that exposure to sexually violent material resulted in acts of sexual aggressiveness and antisocial behavior. It is self-evident that some material, whether in a visual or aural format, may not be suitable for distribution to children. At a minimum, the seller should make some attempt to alert parents to the contents of such material and to shield innocent young people from unwanted contact with such material. House Bill 487, while recognizing the constitutional restraints imposed on the legislature's ability to curtail distribution of certain material, acts on the state's legitimate interest in providing some level of protection to children who may be harmed by unwanted exposure to the material. The bill would regulate the distribution, sale, and display of two different types of material. First, it would require that printed matter, if it visually depicts material harmful to minors and is displayed in a place where minors are apt to view the material, must be covered by an opaque wrapper and individually sealed. The definition of material harmful to minors in this section is drawn from the obscenity definition set forth by the U.S. Supreme Court. Second, the bill requires labeling on any audio recording or music video recording that contains lyrics harmful to minors. The label is required to give a parental advisory that the recording contains lyrics that include or describe material harmful to minors. The bill also applies the wrapping and sealing requirements of the first part of the bill to certain audio and video recordings. For audio and video recordings the definition of material harmful to minors is expanded to include certain kinds of violence. Violation of the provisions of HB 487 would be a Class B misdemeanor on first offense, and a Class A misdemeanor on subsequent convictions. Number 490 REP. SITTON asked if the language on page 1, line 13, "harmful to minors in any place where minors are present" applied to material found in the minor's home. Number 495 MR. PHELPS answered that he thought that was a good question and thought that on the face of it it appears that it would be true. Number 507 REP. SITTON questioned whether Michelangelo's "David" would be determined to fall under the language on page 2, line 14. Number 514 MR. PHELPS answered that material referenced under this section would have to satisfy all three descriptions to apply. He further stated that it was clear "David" would not fall under this section. Number 520 REP. SITTON asked if the language on page 2, line 11, was the language from a Supreme Court decision. Number 525 MR. PHELPS answered that the previous statement was true and further stated that what's added to the Miller definition is the word "minors." He added that you can argue that this is a looser standard as it now specifically references minors. Number 529 CHAIRMAN HUDSON asked if the sponsor had any opinion on the Department of Law's concerns. Number 540 MR. PHELPS stated that the sponsor felt that if the items in question truly fit the Supreme Court's definition of obscenity he could not imagine why they would be provided to minors from an official entity. Number 550 CHAIRMAN HUDSON suggested that the comments provided by the Department of Law should be fully considered. Number 557 REED STOOPS, Lobbyist, Motion Picture Association of America and the Recording Industry, testified in opposition to HB 487. Mr. Stoops stated he believes the bill to be unconstitutional, unworkable and unenforceable. MR. STOOPS stated he believes HB 487 to be unconstitutional because the definition regarding violent behavior is subjective and is protected by the first amendment. MR. STOOPS stated that he believes there is a violation of due process because under HB 487 action could be taken before something is deemed harmful to minors. MR. STOOPS added that HB 487 could be under inclusive and doesn't treat all things the same. MR. STOOPS contended that HB 487 is unworkable as the industry would have to decide case by case on over 10,000 recordings a year what is offensive and what is not; and furthermore what standards should/would be used. MR. STOOPS added that HB 487 was impracticable as it would require only the recordings to be sold in Alaska be wrapped and he questioned whose responsibility that would be. MR. STOOPS informed the committee that the recording industry already has a rating system done on a voluntary basis. TAPE 94-24, SIDE A Number 001 MR. STOOPS suggested that if the legislature wanted to do something they should do a constitutional definition on what is harmful to minors. Number 073 CHAIRMAN HUDSON appointed a subcommittee of Rep. Sitton and himself on HB 487. Number 089 MR. PHELPS commented that the sponsor shared the concerns heard today, and he felt that the practical application of what obscenity means needs to be tightened up. MR. PHELPS added that the sponsor was supportive of the voluntary compliance of the industry to the degree it extends, but believes it should be uniformly applied. Number 115 CHAIRMAN HUDSON adjourned the meeting at 4:50 p.m.
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