HOUSE BILL NO. 353 "An Act relating to the blocking of certain Internet sites at public libraries and to library assistance grants." Co-Chair Meyer summarized the history of the bill in committee and invited amendments. 8:44:54 AM Representative Kelly MOVED to ADOPT Amendment #1, 25- LS1356\E.1, Bannister 4/1/08 (Copy on File): Page 2, lines 6-7: Delete all material and insert: (2) "public library" means a library that (A) provides the following services free of charge to members of the public: (i) establishment and maintenance of a collection of books and other materials for loaning; (ii) access to interlibrary loan services; (iii) reading or other educational programs for children; (iv) reference information; and (B) is not operated by or affiliated with the University of Alaska." Vice-Chair Stoltze OBJECTED. Representative Kelly explained that the committee adopted the original version of HB 353, which includes the University. The amendment removes the University of Alaska from the requirement for a library filter. Representative Hawker commented that the amendment allows government to exempt itself from the laws imposed on the rest of the community. Representative Gara pointed out that the university wants to be exempted for the same reason as small libraries: because it is expensive. He emphasized the difficultly monitoring computers as outlined in the bill due to staffing. He did not support the amendment and felt that the provision needed to have the language from the CS 353 (STA) or something that addresses costs to the library. 8:47:17 AM Vice-Chair Stoltze disagreed with Representative Gara interpretation of the amendment. Exempting the university addresses the fact that there is an adult population using the university library. Representative Kelly maintained that the cost to smaller libraries would be less because of less expensive software. 8:48:27 AM JIM POUND, STAFF, REPRESENTATIVE WES KELLER, agreed with Representative Kelly and reported that downloading the program for the filter takes about 15 minutes. Representative Gara noted that smaller libraries with only part-time staff and without high-speed internet would have more difficultly downloading software. Vice-Chair Stotlze reminded the committee that the amendment was about the University of Alaska exclusion. 8:49:43 AM Representative Kelly responded that anything that can be downloaded can also be purchased on CD. Representative Hawker asserted that the bill raises fundamental questions of equal treatment and freedom of speech. He did not want the state to be a place where children could view pornography. He expressed discomfort with omitting the university and stated opposition to the amendment. 8:51:35 AM Co-Chair Meyer noted that the university library is available only to adults. Representative Kelly said generally he would not exempt the university regarding other issues and underlined that the issue is protecting children. 8:52:21 AM Co-Chair Chenault reminded the committee that the university is open to the general public, including children. 8:53:13 AM Representative Gara said that Representative Kelly's suggestion of purchasing a CD underlines the point that there is a cost associated with the provision. He reiterated concern regarding financial hardship for small libraries. 8:53:42 AM Representative Kelly responded that the cost is insignificant if the issue is protecting children. The amendment simply separates out the adult population. He was concerned about children having access to the internet at the university. AT EASE: 8:54:56 AM RECONVENE: 8:57:59 AM 8:58:04 AM Representative Kelly WITHDREW Amendment #1. 8:58:25 AM Representative Gara MOVED to ADOPT Amendment #2, 25- LS1356\E (Copy on File): Page 2, following line 7: Insert a new bill section to read: (d) This section does not apply to a public library that: (1) has a policy prohibiting computer users from viewing internet sites that depict the items described in AS 11.61.128 (1)(A)-(F) and (2) determines that complying with this section would require a cost that materially reduces library services made available to the public. Vice-Chair Stoltze OBJECTED. Representative Gara explained that the amendment requires compliance with the provision unless a library cannot afford software without reducing library services, and has a policy in place prohibiting access. 8:59:02 AM Vice-Chair Stoltze felt the interpretation was too broad and could apply to any library regardless of size. He acknowledged that the intent of the amendment is addressing smaller libraries, but claimed the language is broader. Representative Gara reiterated concerns about costs to libraries. 8:59:56 AM Co-Chair Chenault interpreted the amendment to mean that if the software costs too much, then a policy would suffice. He referred to public testimony regarding convicted sex offenders using the library. He did not think these users would be deterred by a policy. He noted appreciation for the intent but was concerned that the amendment was not sufficient. 9:01:19 AM Representative Gara remarked that the bill itself did not address the larger problem of internet predators. He acknowledged agreement that no one wants children viewing pornography but maintained that there is too much uncertainty on how to address concerns and costs. He felt the amendment was preferable to shutting down a small library. Representative Kelly opposed Amendment #2. He emphasized that the libraries are not in favor of control. He wanted to send a clear message regarding the issue by passing HB 353. Vice-Chair Stoltze MAINTAINED his OBJECTION. A roll call vote was taken on the motion. IN FAVOR: Gara OPPOSED: Kelly, Stoltze, Thomas, Hawker, Meyer, Chenault Representatives Crawford, Foster, Joule, and Nelson were absent from the vote. The MOTION FAILED (6-1). AT EASE: 9:03:52 AM RECONVENED: 9:04:30 AM 9:04:34 AM Vice-Chair Stoltze MOVED to report HB 353 out of Committee with individual recommendations and the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HB 353 was REPORTED out of Committee with "no recommendation" and a zero fiscal note from the Department of Education and Early Development. 9:05:33 AM