5466‑S.E AMH HICK ADAM 83

ESSB 5466 ‑ H AMD TO H COMM AMD BY COMMITTEE ON LAW & JUSTICE (H-2692.1) 788 WITHDRAWN 4/14/95

By Representative Hickel and others

     On page 4, after line 8, insert the following:

     "NEW SECTION. Sec. 5.  This chapter shall not apply to:

     (1) The official circulation of material by a recognized historical society or museum, a library of a college or university, or an archive or library under the supervision and control of the state, county, municipality, or other political subdivision of the state;

     (2) Any transmissions by a franchised cable operator unless the franchised cable operator controls, or is capable of controlling, the content of that transmission.  Pursuant to the federal communications act of 1934, the terms "transmission," "franchised," and "cable operator" are used as those terms are defined in federal legislation and federal communications commission rules or decisions;

     (3)  A provider of on-line services that allows another person access to information stored in an electronic form, such as an electronic bulletin board or the internet.  For purposes of this subsection, a "provider" means a person who is in the business of providing access to information stored in an electronic form but who has no ability to control the content of the information and no ability to limit or restrict the viewing or displaying of such information;

     (4) Instructional materials reviewed and recommended by an instructional materials committee and approved by the local school district's board of directors in accordance with RCW 28A.320.230."

Renumber the remaining sections consecutively and correct internal references accordingly

EFFECT:  Exempts from the bill:  (1) museums and historical societies; (2) college and university libraries;  (3) libraries under the supervision and control of the state, county or municipality;  (4) transmissions by franchised cable operators unless the operator can control the content of the transmission;  (5) providers of on-line services that allow access to information stored in an electronic form, such as computer bulletin boards; and  (6) instructional materials approved by a local school district's board of directors.