Legislature(1993 - 1994)
1993-05-09 House Journal
Full Journal pdf1993-05-09 House Journal Page 1770 HB 168 The following which had been held in second reading (page 1752) with pending Amendment No. 13, was again before the House: CS FOR HOUSE BILL NO. 168(FIN) am "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of members in charge; 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 1993-05-09 House Journal Page 1771 HB 168 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 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; relating to the distribution of pull-tabs from one distributor to another distributor; 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 1993-05-09 House Journal Page 1772 HB 168 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 at least 30 percent of the 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 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; 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." Amendment No. 13 by Representative Therriault (page 1750) was again before the House. Representative Therriault moved and asked unanimous consent to withdraw Amendment No. 13. There being no objection, it was so ordered. ***The presence of Representatives Martin and Mackie was noted. 1993-05-09 House Journal Page 1773 HB 168 Representative Porter moved and asked unanimous consent that the House rescind its action in failing to adopt Amendment No. 10 (page 1744). Representative Mackie objected. ***The presence of Representative Hanley was noted. Representative Porter moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Amendment No. 14 was offered by Representative Porter: Page 3, line 21, following "community;" (title amendment): Insert "providing for an advisory vote related to charitable gaming;" Page 19, following line 6: Insert new bill sections 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 noncommercial broadcasting stations and networks should be permitted to conduct statewide lotteries. The question shall appear on the ballot in the following form: Q U E S T I O N Should noncommercial broadcasting stations and networks be permitted to conduct statewide lotteries? Yes [ ] No [ ] * Sec. 33. Notwithstanding any other provision of law, the operation and effect of AS05.15.187(g), 05.15.187(j), 05.15.188(b), and 05.15.210(43)(C)(i) are suspended until July1, 1995." 1993-05-09 House Journal Page 1774 HB 168 Renumber the following bill sections accordingly. Page 19, line 9: Delete "1996" Insert "1997" Representative Porter moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Davies objected. Representative Davies rose to a point of order stating Amendment No. 14 was dilatory. The Speaker ruled Amendment No. 14 in order. Representative Brown requested a ruling of the Chair regarding divisibility of the question. The Speaker ruled that Amendment No. 14 was divisible. Representative Brown moved and asked unanimous consent that the question be divided. Representative Phillips objected. The question being: "Shall the question be divided?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 14 Divide the Question YEAS: 14 NAYS: 24 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Nicholia, Sitton, Ulmer, Willis 1993-05-09 House Journal Page 1775 HB 168 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Mackie, Navarre And so, the motion failed. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 14 YEAS: 27 NAYS: 11 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Bunde, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Grussendorf, Hoffman, Menard, Nicholia, Ulmer Absent: Mackie, Navarre And so, Amendment No. 14 was adopted, and the new title appears below: "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of members in charge; 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 1993-05-09 House Journal Page 1776 HB 168 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 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; relating to the distribution of pull-tabs from one distributor to another distributor; 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 1993-05-09 House Journal Page 1777 HB 168 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 at least 30 percent of the 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 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; 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; providing for an advisory vote related to charitable gaming; and providing for an effective date." Amendment No. 15 was offered by Representative Davidson: Page 3, line 24: Delete "Limitation" Insert "Expansion" Representative Davidson moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Brown objected. Amendment to Amendment No. 15 was offered by Representative Brown: 1993-05-09 House Journal Page 1778 HB 168 Page 3, line 24: Delete "Expansion" Insert "Regulation" Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 15 be adopted. Representative Phillips objected. Representative Martin placed a call of the House. ***The presence of Representative Navarre was noted. The call was satisfied. The question being: "Shall the amendment to Amendment No. 15 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment to Amendment No. 15 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davidson, Davies, G.Davis, Grussendorf, Hanley, Hudson, James, Mackie, Menard, Navarre, Nicholia, Nordlund, Parnell, Therriault, Ulmer, Vezey, Willis Nays: Barnes, Bunde, Carney, B.Davis, Finkelstein, Foster, Green, Hoffman, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Williams And so, the amendment to Amendment No. 15 was not adopted. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: 1993-05-09 House Journal Page 1779 HB 168 CSHB 168(FIN) am Second Reading Amendment No. 15 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Martin, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, MacLean, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representatives Ulmer and Brice: Page 1, line 1, through page 2, line 4 (title amendment): Delete all material and insert: ""An Act prohibiting the sale of pull-tabs except by permittees or the state;" Page 2, line 5 (title amendment): Delete "delivered to the vendor by the permittee;" Page 2, lines 21 - 22 (title amendment): Delete ", licensee, vendor" Insert "or licensee" 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. 1993-05-09 House Journal Page 1780 HB 168 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 4, line 2, through page 5, line 15: Delete all material and insert: "Sec. 05.15.060. REGULATIONS. The department shall adopt regulations under the Administrative Procedure Act (AS44.62) necessary to carry out this chapter covering, but not limited to, (1) the issuance, renewal, and revocation of permits and licenses; (2) a method of ascertaining net proceeds, the determination of items of expense that may be incurred or paid, and the limitation of the amount of the items of expense to prevent the proceeds from the activity permitted from being diverted to noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, or groups; (3) the immediate revocation of permits and licenses authorized under this chapter if this chapter or regulations adopted under it are violated; (4) the requiring of detailed, sworn, financial reports of operations from permittees and licensees including detailed statements of receipts and payments; 1993-05-09 House Journal Page 1781 HB 168 (5) the investigation of permittees, licensees, and their employees, including the fingerprinting of those permittees, licensees, and employees whom the commissioner considers it advisable to fingerprint; (6) [EXCLUSION FROM PARTICIPATION AS A PERMITTEE, LICENSEE, OR EMPLOYEE OF A PERMITTEE OR LICENSEE, OF A PERSON CONVICTED OF, IN PRISON FOR, OR ON PAROLE FOR A FELONY WITHIN THE PRECEDING FIVE YEARS, OR CONVICTED OF A CRIME INVOLVING THEFT OR DISHONESTY OR OF A VIOLATION OF A MUNICIPAL, STATE, OR FEDERAL GAMBLING LAW; (7)] the method and manner of conducting authorized activities and awarding of prizes or awards, and the equipment that may be used; (7) [(8)] the number of activities that may be held, operated, or conducted under a permit during a specified period; however, the department may not allow more than 14 bingo sessions a month and 35 bingo games a session to be conducted under a permit; the holders of a multiple-beneficiary permit under AS05.15.100(d) may hold, operate, or conduct the number of sessions and games a month equal to the number allowed an individual permittee per month multiplied by the number of holders of the multiple-beneficiary permit; (8) [(9)] a method of accounting for receipts and disbursements by operators, including the keeping of records and requirements for the deposit of all receipts in a bank; (9) [(10)] the disposition of funds in possession of a permittee or a person, municipality, or qualified organization that possesses an operator's license at the time a permit or a license is surrendered, revoked, or invalidated; (10) [(11)] restrictions on the participation by employees of the Department of Fish and Game in salmon classics and in king salmon classics, and by employees of Douglas Island Pink and Chum in king salmon classics; (11) [(12)] other matters the commissioner considers necessary to carry out this chapter or protect the best interest of the public." Page 5, line 23: Delete "," Insert "or [,]" 1993-05-09 House Journal Page 1782 HB 168 Page 5, line 24: Delete "a registered vendor," 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: "* Sec. 10. AS 05.15.115(c) is amended to read: (c) A permittee may not contract with more than one operator at a time to conduct the same type of activity. For the purposes of this subsection, bingo games, raffles, lotteries, [PULL-TAB GAMES,] ice classics, rain classics, goose classics, mercury classics, salmon classics, king salmon classics, dog mushers' contests, fish derbies, contests of skill, and all activities permitted under AS05.15.100(b) are each a different type of activity. A permittee may not contract with an operator to conduct a pull- tab game." Renumber the following bill sections accordingly. Page 8, lines 4 - 7: Delete all material. Renumber the following bill sections accordingly. 1993-05-09 House Journal Page 1783 HB 168 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" Page 8, lines 16 - 17: Delete "from a gaming activity 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" Page 10, line 31: Delete ", licensee, or vendor" Insert "or licensee" Page 11, line 1: Delete "or, in the" Page 11, lines 2 - 4: Delete all material. Insert "." 1993-05-09 House Journal Page 1784 HB 168 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 12, following line 8: Insert new bill sections to read: "* Sec. 23. AS05.15.181(d) is amended to read: (d) A pull-tab manufacturer may distribute pull-tabs only to the state or to a licensed pull-tab distributor unless the pull-tab manufacturer is also a licensed pull-tab distributor." * Sec. 24. AS05.15.184 is amended to read: Sec. 05.15.184. PULL-TAB TAX. A pull-tab distributor shall collect a tax of three percent of an amount equal to the gross receipts less prizes awarded on each series of pull-tabs distributed to a permittee. The pull-tab distributor shall pay to the department the tax collected in the preceding month at the time that the report under AS 05.15.183(d) is filed with the department. * Sec. 25. AS05.15.185 is amended to read: Sec. 05.15.185. DISTRIBUTION OF PULL-TAB GAMES. Each series of pull-tabs distributed in the state must be sealed and have a serial number label issued by the National Association of Fundraising Ticket Manufacturers or other serial number label approved by the department and may be distributed only to a municipality or a qualified organization that has obtained a permit issued under this chapter [OR TO AN OPERATOR ON BEHALF OF AN AUTHORIZING PERMITTEE]." Renumber the following bill sections accordingly. Page 12, lines 9 - 13: Delete all material. Page 12, line 26, through page 13, line 2: Delete all material. 1993-05-09 House Journal Page 1785 HB 168 Renumber the following bill sections accordingly. Page 13, line 5: Delete ", or registered under this chapter as a vendor," Page 13, line 6, after "permittee": Delete "," Insert "or" Page 13, line 7: Delete ", or registered vendor" Page 13, line 8: Delete ", operator, or registered vendor" Page 13, line 10, following "permittee": Delete "," Insert "or" Page 13, lines 10 - 11: Delete ", or vendor" Page 13, line 12, through page 15, line 10: Delete all material. Insert a new subsection to read: "(j) Notwithstanding any other provision of law, the state may sell pull-tabs and operate pull-tab games on behalf of permittees. The department may adopt regulations to govern the sale of pull- tabs and operation of pull-tab games by the state. The state shall deduct the expenses of operating the pull-tab games from the adjusted gross income resulting from the operation and shall, subject to an appropriation for the purpose, distribute the net proceeds to the permittees." Renumber the following bill sections accordingly. Page 16, lines 5 - 6: Delete ", permit, or vendor registration" Insert "or permit" 1993-05-09 House Journal Page 1786 HB 168 Page 16, lines 8 - 9: Delete ", permits, and vendor registrations" Insert "or permits" 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, lines 8 - 9: Delete all material. Renumber the following bill sections accordingly. Representative Ulmer moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: 1993-05-09 House Journal Page 1787 HB 168 CSHB 168(FIN) am Second Reading Amendment No. 16 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, Finkelstein, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 16 was not adopted. Amendment No. 17 was offered by Representative Finkelstein: Page 1, line 5 (title amendment): Delete "holders," Insert "holders or" Delete "networks," Insert "networks;" Page 1, lines 6 - 8 (title amendment): Delete all material. Page 1, line 9 (title amendment): Delete "establishments;" Page 2, line 2 (title amendment): Delete all material after ";" Page 2, lines 3 - 4 (title amendment): Delete all material. Page 2, line 5 (title amendment): Delete "delivered to the vendor by the permittee;" 1993-05-09 House Journal Page 1788 HB 168 Page 2, line 7 (title amendment): Delete "allowing" Page 2, lines 8 - 10 (title amendment): Delete all material. Page 2, line 11 (title amendment): Delete "from conducting gaming activities within the municipality;" Page 2, line 12 (title amendment): Delete ", licensees, and vendors" Insert "and licensees" Page 2, lines 14 - 15 (title amendment): Delete all material. Insert "pull-tab games;" Page 2, lines 21 - 22 (title amendment): Delete ", licensee, vendor," Insert "or licensee" Page 2, line 23 (title amendment): Delete "or vendor" Page 3, lines 10 - 12 (title amendment): Delete all material. Insert "activity;" 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 4, line 2, through page 5, line 15: Delete all material and insert: 1993-05-09 House Journal Page 1789 HB 168 "Sec. 05.15.060. REGULATIONS. The department shall adopt regulations under the Administrative Procedure Act (AS44.62) necessary to carry out this chapter covering, but not limited to, (1) the issuance, renewal, and revocation of permits and licenses; (2) a method of ascertaining net proceeds, the determination of items of expense that may be incurred or paid, and the limitation of the amount of the items of expense to prevent the proceeds from the activity permitted from being diverted to noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, or groups; (3) the immediate revocation of permits and licenses authorized under this chapter if this chapter or regulations adopted under it are violated; (4) the requiring of detailed, sworn, financial reports of operations from permittees and licensees including detailed statements of receipts and payments; (5) the investigation of permittees, licensees, and their employees, including the fingerprinting of those permittees, licensees, and employees whom the commissioner considers it advisable to fingerprint; (6) [EXCLUSION FROM PARTICIPATION AS A PERMITTEE, LICENSEE, OR EMPLOYEE OF A PERMITTEE OR LICENSEE, OF A PERSON CONVICTED OF, IN PRISON FOR, OR ON PAROLE FOR A FELONY WITHIN THE PRECEDING FIVE YEARS, OR CONVICTED OF A CRIME INVOLVING THEFT OR DISHONESTY OR OF A VIOLATION OF A MUNICIPAL, STATE, OR FEDERAL GAMBLING LAW; (7)] the method and manner of conducting authorized activities and awarding of prizes or awards, and the equipment that may be used; (7) [(8)] the number of activities that may be held, operated, or conducted under a permit during a specified period; however, the department may not allow more than 14 bingo sessions a month and 35 bingo games a session to be conducted under a permit; the holders of a multiple-beneficiary permit under AS05.15.100(d) may hold, operate, or conduct the number of sessions and games a month equal to the number allowed an individual permittee per month multiplied by the number of holders of the multiple-beneficiary permit; 1993-05-09 House Journal Page 1790 HB 168 (8) [(9)] a method of accounting for receipts and disbursements by operators, including the keeping of records and requirements for the deposit of all receipts in a bank; (9) [(10)] the disposition of funds in possession of a permittee or a person, municipality, or qualified organization that possesses an operator's license at the time a permit or a license is surrendered, revoked, or invalidated; (10) [(11)] restrictions on the participation by employees of the Department of Fish and Game in salmon classics and in king salmon classics, and by employees of Douglas Island Pink and Chum in king salmon classics; (11) [(12)] other matters the commissioner considers necessary to carry out this chapter or protect the best interest of the public." Page 5, lines 21 - 26: Delete all material. 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 8, lines 4 - 7: Delete all material. Renumber the following bill sections accordingly. 1993-05-09 House Journal Page 1791 HB 168 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" Page 10, line 31: Delete ", licensee, or vendor" Insert "or licensee" Page 11, line 1: Delete "or, in the" Page 11, lines 2 - 4: Delete all material. Insert ";" Page 11, line 7: Delete "or vendor registration" Page 11, line 8: Delete "or vendor" in two places. 1993-05-09 House Journal Page 1792 HB 168 Page 11, line 9: Delete "registration" Page 12, lines 9 - 13: Delete all material. Renumber the following bill sections accordingly. Page 13, line 5: Delete ", or registered under this chapter as a vendor," Page 13, lines 6 - 7: Delete ", licensee, or registered vendor" Insert "or licensee" Page 13, line 8: Delete ", operator, or registered vendor" Insert "or operator" Page 13, lines 10 - 11: Delete ", operator, or vendor" Insert "or operator" Page 13, line 16, after ";": Insert "or" Page 13, lines 18 - 20: Delete all material. Insert "networks" Page 13, line 21: Delete "80 percent of the ideal net" Page 13, line 26, through page 15, line 10: Delete all material. Renumber the following bill sections accordingly. Page 16, lines 5 - 6: Delete ", permit, or vendor registration" Insert "or permit" 1993-05-09 House Journal Page 1793 HB 168 Page 16, lines 8 - 9: Delete ", permits, and vendor registrations" Insert "or permits" 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, line 15: Delete ";" Insert "." Page 18, line 16, through page 19, line 6: Delete all material. Page 19, lines 8 - 9: Delete all material and insert: "* Sec. 29. AS05.15.187(g)(2) and 05.15.187(j) are repealed January1, 1996." Renumber the following bill sections accordingly. Page 19, line 10: Delete "12 and 16" Insert "10 and 14" Page 19, line 12: Delete "12 and 16" Insert "10 and 14" Representative Finkelstein moved and asked unanimous consent that Amendment No. 17 be adopted. 1993-05-09 House Journal Page 1794 HB 168 Representative Mulder objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 17 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Martin, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 17 was not adopted. Amendment No. 18 was offered by Representative Menard: 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, or vendor," Insert "or licensee" Page 2, line 23 (title amendment): Delete "or vendor" Page 3, line 3, following "gaming;" (title amendment): Delete all material. 1993-05-09 House Journal Page 1795 HB 168 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: "Sec. 05.15.060. REGULATIONS. The department shall adopt regulations under the Administrative Procedure Act (AS44.62) necessary to carry out this chapter covering, but not limited to, (1) the issuance, renewal, and revocation of permits and licenses; (2) a method of ascertaining net proceeds, the determination of items of expense that may be incurred or paid, and the limitation of the amount of the items of expense to prevent the proceeds from the activity permitted from being diverted to noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, or groups; 1993-05-09 House Journal Page 1796 HB 168 (3) the immediate revocation of permits and licenses authorized under this chapter if this chapter or regulations adopted under it are violated; (4) the requiring of detailed, sworn, financial reports of operations from permittees and licensees including detailed statements of receipts and payments; (5) the investigation of permittees, licensees, and their employees, including the fingerprinting of those permittees, licensees, and employees whom the commissioner considers it advisable to fingerprint; (6) [EXCLUSION FROM PARTICIPATION AS A PERMITTEE, LICENSEE, OR EMPLOYEE OF A PERMITTEE OR LICENSEE, OF A PERSON CONVICTED OF, IN PRISON FOR, OR ON PAROLE FOR A FELONY WITHIN THE PRECEDING FIVE YEARS, OR CONVICTED OF A CRIME INVOLVING THEFT OR DISHONESTY OR OF A VIOLATION OF A MUNICIPAL, STATE, OR FEDERAL GAMBLING LAW; (7)] the method and manner of conducting authorized activities and awarding of prizes or awards, and the equipment that may be used; (7) [(8)] the number of activities that may be held, operated, or conducted under a permit during a specified period; however, the department may not allow more than 14 bingo sessions a month and 35 bingo games a session to be conducted under a permit; the holders of a multiple-beneficiary permit under AS05.15.100(d) may hold, operate, or conduct the number of sessions and games a month equal to the number allowed an individual permittee per month multiplied by the number of holders of the multiple-beneficiary permit; (8) [(9)] a method of accounting for receipts and disbursements by operators, including the keeping of records and requirements for the deposit of all receipts in a bank; (9) [(10)] the disposition of funds in possession of a permittee or a person, municipality, or qualified organization that possesses an operator's license at the time a permit or a license is surrendered, revoked, or invalidated; (10) [(11)] restrictions on the participation by employees of the Department of Fish and Game in salmon classics and in king salmon classics, and by employees of Douglas Island Pink and Chum in king salmon classics; 1993-05-09 House Journal Page 1797 HB 168 (11) [(12)] other matters the commissioner considers necessary to carry out this chapter or protect the best interest of the public." Renumber the following bill sections accordingly. Page 5, line 23: Delete "," Insert "or [,]" Page 4, 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: "* Sec. 4. AS 05.15.095(a) is amended to read: (a) The applications and reports to the department required by this chapter shall be signed under penalty of unsworn falsification by the following person, as applicable: (1) the member in charge for the qualified organization; (2) a person authorized to sign on behalf of the municipality; or (3) the operator or the operator's agent [; (4) THE LICENSED PULL-TAB DISTRIBUTOR OR THE DISTRIBUTOR'S AGENT; OR (5) THE LICENSED PULL-TAB MANUFACTURER OR THE MANUFACTURER'S AGENT]. * Sec. 5. AS 05.15.100(a) is amended to read: (a) The commissioner may issue a permit to a municipality or qualified organization. The permit gives the municipality or qualified organization the privilege of conducting bingo, raffles and lotteries, [PULL-TAB GAMES,] ice classics, rain classics, goose classics, mercury classics, salmon classics, king salmon classics, dog mushers' contests, fish derbies, and contests of skill." Renumber the following bill sections accordingly. 1993-05-09 House Journal Page 1798 HB 168 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: "* Sec. 11. AS 05.15.115(c) is amended to read: (c) A permittee may not contract with more than one operator at a time to conduct the same type of activity. For the purposes of this subsection, bingo games, raffles, lotteries, [PULL-TAB GAMES,] ice classics, rain classics, goose classics, mercury classics, salmon classics, king salmon classics, dog mushers' contests, fish derbies, contests of skill, and all activities permitted under AS05.15.100(b) are each a different type of activity." 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" Page 8, lines 16 - 17: Delete "from a gaming activity other than pull-tabs," 1993-05-09 House Journal Page 1799 HB 168 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" Page 10, line 31: Delete ", licensee, or vendor" Insert "or licensee" 1993-05-09 House Journal Page 1800 HB 168 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: "* Sec. 19. AS05.15.180(b) is amended to read: (b) With the exception of raffles, lotteries, bingo games, [PULL-TAB GAMES,] rain classics, goose classics, mercury classics, salmon classics, king salmon classics, and other activities authorized under AS 05.15.100(b), an activity may not be licensed under this chapter unless it existed in the state in substantially the same form and was conducted in substantially the same manner before January 1, 1959." 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, line 11: Delete "a new section" Insert "new sections" Page 15, following line 29: Insert a new section to read: 1993-05-09 House Journal Page 1801 HB 168 "Sec. 05.15.196. PULL-TAB GAMES PROHIBITED. (a) The sale, manufacture, or distribution of pull-tab games is prohibited. (b) In this section, "pull-tab game" means a game of chance where a card, the face of which is covered to conceal a number, symbol, or set of symbols, is purchased by the participant and where a prize is awarded for a card containing certain numbers or symbols designated in advance and at random." 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" 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. 1993-05-09 House Journal Page 1802 HB 168 Page 19, line 7: Delete "and 05.15.140(c)" Insert "05.15.140(c), 05.15.181, 05.15.183, 05.15.184, 05.15.185, 05.15.187, 05.15.210(a), 05.15.210(28), and 05.15.210(34)" 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" Add a new section to read: "This Act takes effect January 1, 1995." Representative Menard moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Mackie objected. Representative Mackie moved and asked unanimous consent that the question be divided. The Speaker ruled the question was not divisible. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 18 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 1993-05-09 House Journal Page 1803 HB 168 Yeas: Barnes, Brown, Carney, Davidson, B.Davis, Finkelstein, Hanley, Hoffman, Kott, Martin, Menard, Navarre, Nordlund, Parnell, Phillips, Therriault, Ulmer, Willis Nays: Brice, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hudson, James, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Olberg, Porter, Sanders, Sitton, Toohey, Vezey, Williams And so, Amendment No. 18 was not adopted. Amendment No. 19 was offered by Representative Brown: Page 3, line 24: Delete all material Renumber remaining sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 19 be adopted. Objection was heard. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 19 YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Hoffman, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Willis Nays: Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, Olberg, Sanders, Vezey, Williams 1993-05-09 House Journal Page 1804 HB 168 And so, Amendment No. 19 was adopted. Representative Phillips moved and asked unanimous consent that CSHB 168(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The Speaker stated that CSHB 168(FIN) am would be in third reading on the May 10, 1993, calendar.