Date: 03/12/2009

Final
BILL SUMMARY for SB09-036

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.005 (Attachment A). Th
Adopt prepared amendment L.008 (Attachment C). Th
Adopt prepared amendment L.009 (Attachment B). Th
Adopt prepared amendment L.010 (Attachment ). The
Refer Senate Bill 09-036, as amended, to the Commi		Pass Without Objection
Pass Without Objection
PASS
FAIL
PASS



02:55 PM -- Senate Bill 09-036

 Representative Scanlan, sponsor, presented Senate Bill 09-036 concerning theft of sound recordings. Under current law, it is a class 1 misdemeanor to sell illegally packaged recorded materials. This bill, as amended by the Senate Judiciary Committee, expands the definition of the crime of selling illegally packaged recordings. The amended bill specifies that any person who knowingly and for commercial advantage or private financial gain transports recorded articles that do no clearly display the name of the manufacturer on the cover commits dealing in unlawfully packaged recorded articles. Current law applies only to those that advertise, sell or possess such articles.

In addition, the amended bill specifies that if the offense involves 100 or fewer articles, the fine must be at least $100. For more than 100 articles, the minimum fine is $1,000. The bill also requires law enforcement to confiscate all illegally labeled, transferred or recorded articles recordings as well as any equipment used to produce or manufacture those recordings. These items will be delivered to the local district attorney who may request a court order to destroy the recordings and a court order to distribute the equipment to a charitable or educational organization.

Finally, the amended bill requires a convicted offender to make restitution to the owner or lawful producer of the recorded article. Such restitution is to be based on the aggregate, wholesale value of the number of articles involved in the offense if they had been lawfully manufactured.

Representative Scanlan responded to several questions from the committee.

03:10 PM -- Carlos Linares, Recording Industry Association of America (RIAA), spoke in support of the bill. Mr. Linares described the problem of music piracy and talked about lost revenues that result from it. He discussed the methodology for determining the amount of the losses that occur through music piracy. Mr. Linares addressed the deterrent effect of leveling strict penalties against perpetrators of music piracy. He responded to questions from the committee. The committee held a lengthy discussion that raised a number of concerns about the bill.

04:01 PM -- Judith Negley, Independent Records, spoke in support of the bill. Ms. Negley stressed the importance of this issue and talked about the legitimate business of retail music. She discussed the effect of music piracy on her business. She responded to questions from the committee.

04:15 PM -- Ralph Fernandez, RIAA, spoke in support of the bill. Mr. Fernandez talked about the right of fair use of lawfully purchased music. He discussed training provided by the RIAA to various law enforcement agencies about music piracy. The RIAA conducts music piracy investigations in order to assist law enforcement. Mr. Fernandez stated that putting hefty fines and restitution on the books will hurt criminals and deter them from committing acts of piracy. He responded to questions from the committee.

04:38 PM

Representative Scanlan explained L.005 (Attachment A). The amendment removes the appropriations and capital constructions clauses from the bill.


BILL:SB09-036
TIME: 04:38:32 PM
MOVED:Pace
MOTION:Adopt prepared amendment L.005 (Attachment A). The motion passed without objection.
SECONDED:Roberts
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-036
TIME: 04:38:53 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.009 (Attachment B). There was discussion about the amendment. The motion passed on a vote of 9-2.
SECONDED:Pace
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
No
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Not Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB09-036
TIME: 04:42:25 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.008 (Attachment C). The motion passed without objection.
SECONDED:Ryden
VOTE
Apuan
Court
Gardner B.
King
Miklosi
Pace
Roberts
Ryden
Waller
McCann
Levy
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-036
TIME: 04:50:05 PM
MOVED:Pace
MOTION:Adopt prepared amendment L.010 (Attachment ). The amendment addresses individuals who record live performances with permission from the artist. The motion failed on a vote of 5-6.
SECONDED:Miklosi
VOTE
Apuan
Yes
Court
No
Gardner B.
No
King
No
Miklosi
Yes
Pace
Yes
Roberts
No
Ryden
Yes
Waller
No
McCann
Yes
Levy
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL



04:52 PM

Representative Scanlan wrapped up her presentation of the bill and asked for a favorable recommendation. Committee members commented about their various positions on the bill.


BILL:SB09-036
TIME: 05:04:46 PM
MOVED:King
MOTION:Refer Senate Bill 09-036, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 9-2.
SECONDED:Court
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
No
Roberts
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS