Legislature(1993 - 1994)

1993-05-10 House Journal

Full Journal pdf

1993-05-10                     House Journal                      Page 1846
HB 168                                                                       
Representative Mulder moved and asked unanimous consent that the               
reconsideration of CSHB 168(FIN) am be taken up on the same day.               
                                                                               
Representative Finkelstein objected and withdrew the objection.                
                                                                               
Representative Davies objected and withdrew the objection.                     
                                                                               
There being no further objection, it was so ordered.                           
                                                                               
The following was again before the House in third reading:                     
                                                                               
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 a member 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             
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           
                                                                               

1993-05-10                     House Journal                      Page 1847
HB 168                                                                       
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                  
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                   
                                                                               

1993-05-10                     House Journal                      Page 1848
HB 168                                                                       
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."            
                                                                               
Representative Mulder moved and asked unanimous consent that                   
CSHB 168(FIN) am be returned to second reading for the specific                
purpose of rescinding action in adopting Amendment No. 14 (page                
1775).                                                                         
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
CSHB 168(FIN) am was in second reading.                                        
                                                                               
Representative Mulder moved and asked unanimous consent that the               
House rescind action in adopting Amendment No. 14.                             
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall the House rescind action in adopting               
Amendment No. 14?"  The roll was taken with the following result:              
                                                                               
CSHB 168(FIN) am--RECONSIDERATION                                              
Second Reading                                                                 
Amendment No. 14                                                               
Rescind Action                                                                 
                                                                               
YEAS:  34   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis,                 
Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, James,               
Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre,                 
Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton,                 
Therriault, Toohey, Ulmer, Williams, Willis                                    
                                                                               
Nays:  Brice, Davidson, Hudson, Menard, Sanders, Vezey                         
                                                                               
And so, the motion passed.                                                     

1993-05-10                     House Journal                      Page 1849
HB 168                                                                       
Representative Porter moved and asked unanimous consent to                     
withdraw Amendment No. 14.                                                     
                                                                               
There being no objection, it was so ordered, and so, the new title             
appears below:                                                                 
                                                                               
"An Act establishing a testing program for charitable gaming                  
permittees and operators; relating to the duties of a member 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             
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                    
                                                                               

1993-05-10                     House Journal                      Page 1850
HB 168                                                                       
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                  
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."                                                                         
                                                                               

1993-05-10                     House Journal                      Page 1851
HB 168                                                                       
Representative Martin moved and asked unanimous consent that CSHB
168(FIN) am be returned to second reading for the specific purpose of          
rescinding action in failing to adopt Amendment No. 3 (page 1728).             
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Martin moved and asked unanimous consent that the               
House rescind action in failing to adopt Amendment No. 3.                      
                                                                               
                                                                               
Representative Mackie objected.                                                
                                                                               
                                                                               
The question being:  "Shall the House rescind action in failing to adopt       
Amendment No. 3?"  The roll was taken with the following result:               
                                                                               
CSHB 168(FIN) am--RECONSIDERATION                                              
Second Reading                                                                 
Amendment No. 3                                                                
Rescind Action                                                                 
                                                                               
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott,             
Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg,                      
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,                 
Williams                                                                       
                                                                               
                                                                               
Nays:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Hudson, Mackie, Menard, Navarre, Nicholia,               
Sitton, Ulmer, Willis                                                          
                                                                               
And so, the motion passed.                                                     
                                                                               
                                                                               
Representative Martin moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               

1993-05-10                     House Journal                      Page 1852
HB 168                                                                       
Representative Mulder added his name as cosponsor to Amendment                 
No. 3.                                                                         
                                                                               
Representative Mackie objected.                                                
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 168(FIN) am--RECONSIDERATION                                              
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  25   NAYS:  15   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brown, G.Davis, Finkelstein, Foster, Green, Hanley,             
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,              
Toohey, Vezey, Williams                                                        
                                                                               
Nays:  Brice, Bunde, Carney, Davidson, Davies, B.Davis, Grussendorf,           
Hoffman, Mackie, Menard, Navarre, Nicholia, Sitton, Ulmer, Willis              
                                                                               
                                                                               
And so, Amendment No. 3 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 a member in                
charge; 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              

1993-05-10                     House Journal                      Page 1853
HB 168                                                                      
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                  
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."                                                                         
                                                                               
                                                                               

1993-05-10                     House Journal                      Page 1854
HB 168                                                                       
The question to be reconsidered:  "Shall CSHB 168(FIN) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 168(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  27   NAYS:  13   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Bunde, Carney, G.Davis, Foster, Green,                    
Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin,              
Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders,           
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Nays:  Barnes, Davidson, Davies, B.Davis, Finkelstein, Hoffman,                
MacLean, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis                      
                                                                               
Kott changed from "Nay" to "Yea".                                              
Therriault changed from "Nay" to "Yea".                                        
                                                                               
And so, CSHB 168(FIN) am passed the House on reconsideration.                  
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clauses.  There being no objection, it was so ordered.          
                                                                               
The Speaker waived engrossment, and so, CSHB 168(FIN) am was                   
transmitted to the Senate.