Legislature(2007 - 2008)CAPITOL 106
03/20/2008 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB353 | |
| HB261 | |
| HB266 | |
| HB366 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 366 | TELECONFERENCED | |
| *+ | HB 412 | TELECONFERENCED | |
| *+ | HCR 23 | TELECONFERENCED | |
| *+ | HB 402 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 353 | TELECONFERENCED | |
| += | HB 261 | TELECONFERENCED | |
| += | HB 266 | TELECONFERENCED | |
HB 353-PUBLIC LIBRARY INTERNET FILTERS 8:07:08 AM CHAIR LYNN announced that the first order of business was HOUSE BILL NO. 353, "An Act relating to the blocking of certain Internet sites at public libraries and to library assistance grants." [Before the committee as a work draft, adopted on 3/6/08, was the committee substitute (CS) for HB 353, Version 25-LS1356\M, Bannister, 3/5/08.] 8:07:10 AM REPRESENTATIVE WES KELLER, Alaska State Legislature, presented HB 353 as prime sponsor. He cited two sentences of a handout entitled, "Fact Sheet Web Filtering," prepared by the Department of Administration [included in the committee packet], which read as follows [original punctuation provided]: HB 353 contemplates securing independent internet connectivity in libraries throughout the State. With such independent connections, an end-point home solution, such as NetNanny, Norton Internet Security or WebWatcher for $60-$100 per station would accomplish the goals sought in HB 353. REPRESENTATIVE KELLER emphasized that HB 353 does not address the standard of filtering, but presumes that librarians care about the children of Alaska. He characterized filtering as an inexpensive safeguard. 8:09:29 AM CHAIR LYNN stated his understanding that a filter can be set at any level of protection, and he surmised that a password would be used. REPRESENTATIVE KELLER related his understanding that that is correct. He added that filters are available at Wal-Mart and are user friendly. CHAIR LYNN clarified that the purpose of the proposed legislation is to require filters in libraries, but the level at which the filter is set would be left up to the management of each library. He reminded the committee that Version M of the bill exempts the University of Alaska library system from the proposed required filters, because the majority of its users are adults. 8:11:41 AM REPRESENTATIVE ROSES reviewed that at the prior bill hearing, there had been testimony from librarians of many libraries across the state that there is no need for filters, because children use a separate section of the library close to the librarians' station where they are constantly being monitored. He recalled that there had been discussion about having an amendment to the bill that would allow "blocking" or "monitoring" so that the legislation would not hamper those libraries that were already monitoring their equipment. Representative Roses spoke of testimony from [two librarians from Tok, Alaska], during which they had emphasized that having to add filters to the library may result in the closing of the library. 8:13:59 AM REPRESENTATIVE ROSES moved to adopt Amendment 1, which read as follows [original punctuation provided]: Page 1, line 1, following "blocking": Insert "or monitoring" Page 1, line 11, following "filters": Insert "or monitoring" Page 1, line 13, following "shall": Insert "(1)" Page 1, line 14, following "AS 11.61.128(1)(A) - (F)": Insert "; or (2) use an alternate monitoring system to prevent the viewing of Internet sites that depict the items described in AS 11.61.128(1)(A) - (F)" Page 2, line 3: Delete "technology measure " Insert "Internet software filter for the adult or not use the alternate monitoring system" Page 2, following line 5: Insert a new paragraph to read: "(2) "alternate monitoring system" means a monitoring system that does not use Internet software filters; in this paragraph, "monitoring system" includes a method that enables public library staff to see the screens of computers in the public library;" Renumber the following paragraph accordingly. REPRESENTATIVE COGHILL objected for discussion purposes. REPRESENTATIVE ROSES spoke to Amendment 1. 8:15:40 AM REPRESENTATIVE DOLL said she supports the amendment, but does not support the bill. She remarked that if the amendment is adopted, there is no longer any point to the bill. REPRESENTATIVE ROSES said that was his first reaction to Amendment 1; however, he explained that it would allow libraries the option, without a tremendous amount of additional expense, to relocate their computers to separate the areas where adults and children use computers. In response to a question from Chair Lynn, he said the bill would mandate libraries to use filters or lose funding, which is why Amendment 1 is necessary to give libraries another option. 8:18:16 AM REPRESENTATIVE KELLER concurred with Representative Doll and spoke against Amendment 1, which he said provides no definition of "monitoring". CHAIR LYNN echoed Representative Doll's remark that Amendment 1 would kill the bill. REPRESENTATIVE ROSES, in response to Representative Keller, pointed out that Amendment 1 does define "alternate monitoring system" in the proposed language that would be added to Page 2, following line 5 [text provided previously]. 8:19:33 AM REPRESENTATIVE COGHILL removed his objection to Amendment 1. He said the bill sponsor's intent is to prevent the viewing of Internet sites that show items described in AS 11.61.128(1)(A)- (F), and Amendment 1 would allow for monitoring to prevent that same viewing. 8:21:08 AM REPRESENTATIVE GRUENBERG objected to Amendment 1. He warned that Amendment 1 could cause controversy between the state and small libraries. He said, "We're going to be faced with a large loss of revenue." He mentioned information from Ms. Berg [who testified at the previous bill hearing] that shows that in Chiniak, population 52, the total operating revenue is $6,350, and the amount of state grants equals $6,250. He said, "They will have to shut down if somebody finds that they're not totally monitoring this stuff." Representative Gruenberg stated that the second reason he opposed Amendment 1 is "because this legislation is tied into the criminal code ..., and at least potentially, this could render librarians and their staff liable, as accessories, at least, to a felony." He said libraries may not have to buy blocking, but they will have to use staff time, and "there is not a dime put into this." 8:22:37 AM A roll call vote was taken. Representatives Johansen, Johnson, Doll, Roses, and Coghill voted in favor of Amendment 1. Representatives Gruenberg and Lynn voted against it. Therefore, Amendment 1 passed by a vote of 5-2. 8:23:31 AM REPRESENTATIVE COGHILL moved to report CSHB 353, Version 25- LS1356\M, Bannister, 3/5/08, as amended, out of committee with individual recommendations and the accompanying fiscal notes. 8:23:43 AM REPRESENTATIVE DOLL objected. She said she sees the bill as the state intruding even more into the businesses of municipalities and individuals, and even though the bill has been "softened," she cannot, on principle, support it. 8:23:46 AM REPRESENTATIVE COGHILL disagreed that the bill was softened. He said he thinks the requirement is still in place for a system of monitoring in order to obtain grant monies. Furthermore, he said, "Even though you reference a criminal code for the description of the pornography, this is just based on granting, and so, I don't anticipate there would be any criminal code issues." 8:24:57 AM REPRESENTATIVE GRUENBERG responded that AS 11.61.128 could render librarians and their staff liable to criminal prosecution. 8:25:26 AM A roll call vote was taken. Representatives Johnson, Roses, Coghill, and Lynn voted in favor of moving CSHB 353, Version 25- LS1356\M, Bannister, 3/5/08, as amended, out of committee. Representatives Gruenberg, Doll, and Johansen voted against it. Therefore, CSHB 353(STA) was reported out of the House State Affairs Standing Committee by a vote of 4-3.
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