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).