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