Legislature(1993 - 1994)
1993-05-08 House Journal
Full Journal pdf1993-05-08 House Journal Page 1716 HB 168 The following, which had been moved to the bottom of the calendar (page 1707) was read the second time: HOUSE BILL NO. 168 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." with the: Journal Page L&C RPT 2DP 5NR 588 -FISCAL NOTE (DCED) 3/10/93 588 JUD RPT CS(JUD) NEW TITLE 2DP 3NR 786 -PREVIOUS FN (DCED) 3/10/93 786 FIN RPT CS(FIN) NEW TITLE 3DP 4NR 2AM 1704 -FISCAL NOTE (REV) 5/8/93 1706 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 168(FIN) "An Act allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the 1993-05-08 House Journal Page 1717 HB 168 permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees each quarter at least 30 percent of the 1993-05-08 House Journal Page 1718 HB 168 adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees each quarter at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income each quarter; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Martin: Page 1, line 1, through page 2, line 16 (title amendment): Delete all material and insert: ""An Act prohibiting the sale, manufacture, or distribution of pull-tabs in the state;" Page 2, line 17 (title amendment): Delete "annual licensing fee for pull-tab manufacturers;" Page 2, lines 21 - 22 (title amendment): Delete ", licensee, vendor," Insert "or licensee" 1993-05-08 House Journal Page 1719 HB 168 Page 2, line 23 (title amendment): Delete "or vendor" Page 3, line 3, following "gaming;" (title amendment): Delete all material. Page 3, lines 4 - 5 (title amendment): Delete all material. Page 3, line 6 (title amendment): Delete "of the adjusted gross income from that activity;" Page 3, line 8 (title amendment): Delete "other than pull-tabs" Page 3, line 10, following "activity;" (title amendment): Delete all material. Page 3, lines 11 - 12 (title amendment): Delete all material. Page 3, line 13 (title amendment): Delete "delivered to the vendor by the permittee;" Page 3, lines 17 - 18 (title amendment): Delete ", license, or registration" Insert "or license" Page 3, line 19 (title amendment): Delete "or pull-tab" Page 4, line 2, through page 5, line 20: Delete all material and insert: Renumber the following bill sections accordingly. Page 5, line 23: Delete "," Insert "or [,]" 1993-05-08 House Journal Page 1720 HB 168 Page 5, lines 24 - 25: Delete ", a registered vendor, or a person licensed to manufacture or to distribute pull-tabs in the state" Insert [, OR A PERSON LICENSED TO MANUFACTURE OR TO DISTRIBUTE PULL-TABS IN THE STATE] Page 5, following line 26: Insert new bill sections to read: Renumber the following bill sections accordingly. Page 6, line 10: Delete ", or register as a vendor" Page 6, line 16: Delete "or vendor" Page 6, line 17: Delete "or vendor" Page 6, line 18: Delete "," Insert "or" Page 6, line 19: Delete ", or vendor" Page 7, following line 21: Insert a new bill section to read: Renumber the following bill sections accordingly. Page 8, lines 4 - 7: Delete all material. Renumber the following bill sections accordingly. Page 8, lines 14 - 15: Delete "30 percent of the adjusted gross income, as determined under (1) of this subsection, from a pull-tab activity or at least" 1993-05-08 House Journal Page 1721 HB 168 Page 8, lines 16 - 17: Delete "from a gaming activity other than pull-tabs," Page 10, line 7: Delete "or pull-tab" Page 10, line 11: Delete "new subsections" Insert "a new subsection" Page 10, lines 12 - 14: Delete all material. Reletter the following subsection accordingly. Page 10, line 16: Delete "other than pull-tabs" Page 10, line 19: Delete ", LICENSE," Page 10, line 20: Delete "VENDOR REGISTRATION" Insert "LICENSE" Page 10, line 21: Delete ", license, or vendor registration" Insert "or license" Page 10, lines 22 - 23: Delete ", licensee, or vendor" Insert "or licensee" Page 10, lines 26 - 27: Delete ", licensee, or registered vendor" Insert "or licensee" Page 10, line 29: Delete ", licensee, or vendor" Insert "or licensee" 1993-05-08 House Journal Page 1722 HB 168 Page 10, line 31: Delete ", licensee, or vendor" Insert "or licensee" Page 11, line 1: Delete "or, in the" Page 11, lines 2 - 6: Delete all material Insert "." Page 11, line 7: Delete "or vendor registration" Page 11, line 8: Delete "or vendor" in two places. Page 11, line 9: Delete "registration" Page 11, following line 11: Insert a new bill section to read: Renumber the following bill sections accordingly. Page 12, line 1, through page 15, line 10: Delete all material. Renumber the following bill sections accordingly. Page 15, following line 29: Insert a new section to read: Page 16, lines 5 - 6: Delete ", permit, or vendor registration" Insert "or permit" Page 16, lines 8 - 9: Delete ", permits, and vendor registrations" Insert "or permits" 1993-05-08 House Journal Page 1723 HB 168 Page 16, line 13: Delete "or vendor registration" Page 17, line 11: Delete ", license, or vendor registration" Insert "or license" Page 17, lines 28 - 30: Delete all material. Renumber the following paragraphs accordingly. Page 18, lines 10 - 13: Delete all material. Renumber the following paragraphs accordingly. Page 18, line 15: Delete ";" Insert "." Page 18, line 16, through page 19, line 6: Delete all material. Page 19, line 7: Delete "and 05.15.140(c)" Insert "" Page 19, lines 8 - 9: Delete all material. Renumber the following bill sections accordingly. Page 19, line 10: Delete "12 and 16" Insert "13 and 17" Page 19, line 12: Delete "12 and 16" Insert "13 and 17" 1993-05-08 House Journal Page 1724 HB 168 Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. Amendment to Amendment No. 1 was offered by Representative Mulder: Page 1, following "TO: CSHB 168(FIN)" through page 9: Delete all material Insert: Page 3, line 21, following "community;" (title amendment): Insert "providing for an advisory vote on pull-tabs;" Page 19, following line 6: Insert a new bill section to read: "* Sec. 32. The lieutenant governor shall place before the qualified voters of the state at the November 1994 general election a question advisory to the legislature of whether the sale, distribution, and manufacture of pull-tabs should be prohibited. The question shall appear on the ballot in the following form: