The halo around a video game violence bill was tarnished Friday by the thought of million-dollar lawsuits over its constitutionality.

After a second day of hearings, a House committee on Friday voted to hold the bill for a third time, leaving only the promise of a formal resolution opposing digitized violence.

Rep. McIff, R-Richfield declared his intention to draft a substitute bill which would replace HB 50. McIff's bill would take the form of a House Resolution directing the attorney general to file "friend of the court" or amicus briefs on behalf of other states that are currently defending their video game laws in front of the courts.

McIff says that he has concern, "that there are serious consequence flowing from the continual exposure in our society to violence."

He also, however, echoes the testimony of the attorney general.

"I am concerned," says McIff, "when all the legal experts, including our own attorney general as well as the sponsor, tell us that the bill is likely to fail in a constitutional challenge. One where we cannot control the amount we spend, because we spend our side and then we are potentially obliged to spend the legal costs of the other side."

McIff believes that directing the attorney general to file these amicus briefs is a way to send an important political message, while at the same time minimizing the cost to the state. Similar pieces of legislation have all been struck down as unconstitutional in several states. Both committee members and those testifying said that a court decision ruling HB 50 unconstitutional would have the potential effect of forcing Utah to pay all the legal costs of the challengers. These costs, they said could range as high as $1 million.

Over the past two weeks, evidence from independent lobbyists and the Attorney General Mark Shurtleff, has been presented to committee members that this bill has little chance of passing a constitutional test. Scott Sabey, an attorney representing both the Entertainment Software Association and the Motion Picture Association of America testified before the committee. Sabey said that the Supreme Court has struck down previous attempts at video game legislation because the evidence was insufficient.

Sabey gave an example of such failed litigation. He cited 2005's ESA v. Blagojevich in which brain scans were offered as evidence of the affect violence has on minors. The court, in a ruling similar to many other court decisions, said that the studies provided "barely any evidence at all, let alone substantial evidence, and further that these studies were, "unsupported by scientific evidence."

Sabey said that the legal problem with the bill is that it attempts to insert violence legislation into the existing pornography statute. The problem with that, says Sabey, is that violence is a protected form of speech, which is in a very different category than pornography. Pornography can be outlawed because it, "through significant, voluminous litigation, has been determined to have no social redeeming value." Violence, however, has not been classified as lacking such values.

Sabey also argued that while the bill is "well intended," it is also overreaching. "If I choose to play this with my son," Sabey said while holding up a copy of Teen rated game Call of Duty, "because I want him to understand the effect of the second world war, your legislation would subject me to a third-degree felony."

Rhonda Rose of the Utah PTA declared her support of HB 50.

"We need these children not to be able to walk into the store and purchase these videos," she said. Rose acknowledges the possibility that HB 50 will be found unconstitutional, and that there is a possibility that there will be a lawsuit. But she says it is time for citizens to stand up and say that, "we want our families protected."

HB 50 is slated to be substituted on Tuesday morning for a new House Resolution. McIff said that HB 50's sponsor, Rep. Scott Wyatt, R-Logan, who himself holds concerns about the bill, will be involved in the drafting of that resolution.

Bill: HB 50, Sponsor Rep Scott Wyatt, R-Logan. This bill amends the definition of material that is harmful to a minor to include inappropriate violence, and defines what constitutes inappropriate violence.

This story appeared in The Daily Herald on page A3.