HB 310: "An Act allowing video gaming devices on state ferries."
00HOUSE BILL NO. 310 01 "An Act allowing video gaming devices on state ferries." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.66.280(2) is amended to read: 04 (2) "gambling" means that a person stakes or risks something of value 05 upon the outcome of a contest of chance or a future contingent event not under the 06 person's control or influence, upon an agreement or understanding that that person or 07 someone else will receive something of value in the event of a certain outcome; 08 "gambling" does not include 09 (A) bona fide business transactions valid under the law of 10 contracts for the purchase or sale at a future date of securities or commodities 11 and agreements to compensate for loss caused by the happening of chance, 12 including contracts of indemnity or guaranty and life, health, or accident 13 insurance; [OR] 14 (B) playing an amusement device that
01 (i) confers only an immediate right of replay not 02 exchangeable for something of value other than the privilege of 03 immediate replay; and 04 (ii) does not contain a method or device by which the 05 privilege of immediate replay may be cancelled or revoked; or 06 (C) an activity authorized by the Department of Revenue under 07 AS 05.15 or AS 19.65.030; 08 * Sec. 2. AS 11.66.280(3) is amended to read: 09 (3) "gambling device" means any device, machine, paraphernalia, or 10 equipment that is used or usable in the playing phases of unlawful gambling, whether 11 it consists of gambling between persons or gambling by a person involving the playing 12 of a machine; "gambling device" does not include 13 (A) lottery tickets, policy slips, or other items used in the 14 playing phases of lottery or policy schemes; [OR] 15 (B) an amusement device as described in (2)(B) of this section; 16 or 17 (C) a video gaming device authorized by the Department of 18 Revenue under AS 19.65.030; 19 * Sec. 3. AS 11.66.280(4) is amended to read: 20 (4) "gambling enterprise" means a gambling business that 21 (A) includes five or more persons who conduct, finance, 22 manage, supervise, direct, or own all or part of the business; 23 (B) has been or remains in substantially continuous operation 24 for a period in excess of 30 days or has a gross income of $2,000 or more in 25 any single day; and 26 (C) is not 27 (i) a vessel of the Alaska marine highway system or 28 the Department of Transportation and Public Facilities when they 29 are lawfully conducting an activity licensed under AS 19.65.030; or 30 (ii) a municipality or a qualified organization under 31 AS 05.15.690, except that, for purposes of this subparagraph
01 [PARAGRAPH], no application for a license under AS 05.15 is 02 required to be considered a qualified organization; 03 * Sec. 4. AS 19.65 is amended by adding new sections to article 1 to read: 04 Sec. 19.65.030. VIDEO GAMING DEVICES AUTHORIZED. (a) The 05 Department of Revenue may license a vessel of the Alaska marine highway system to 06 operate video gaming devices in a portion of the vessel that persons under 21 years of 07 age are prohibited from entering. 08 (b) A license issued under (a) of this section is not valid when the vessel is 09 in a jurisdiction outside of the state unless that jurisdiction also allows the licensed 10 activity. 11 (c) The Department of Transportation and Public Facilities shall operate video 12 gaming devices aboard a vessel of the Alaska marine highway system licensed under 13 (a) of this section or may contract for their operation under AS 36.30. 14 (d) The commissioner of revenue may adopt regulations under AS 44.62 15 (Administrative Procedure Act) to implement this section. 16 Sec. 19.65.035. PROHIBITIONS ON GAMING DEVICE OPERATION; 17 PENALTIES. (a) An employee of the Alaska marine highway system or of a 18 contractor under AS 19.65.030(c) may not with criminal negligence allow a person 19 under 21 years of age to use a video gaming device authorized under AS 19.65.030. 20 A person under 21 years of age may not use a video gaming device authorized under 21 AS 19.65.030. In this subsection, "criminal negligence" has the meaning given in 22 AS 11.81.900. 23 (b) A person may not manipulate or attempt to manipulate the outcome or 24 payoff of a video gaming device authorized under AS 19.65.030 by physically 25 tampering or otherwise interfering with the proper functioning of the device. 26 (c) Violation of this section is a class A misdemeanor. 27 Sec. 19.65.040. DEFINITION FOR AS 19.65.030 - 19.65.040. In 28 AS 19.65.030 - 19.65.040, "video gaming device" means an electronic video game 29 machine that upon insertion of cash or coin is able to play or simulate the play of a 30 video game, including video poker, keno, or blackjack, authorized by the Department 31 of Revenue using a video display and microprocessors in which, by chance, the player
01 may receive free games or credits that can be redeemed for cash; "video gaming 02 device" does not include a machine that directly dispenses coins or cash.