Legislature(1993 - 1994)

1994-05-09 House Journal

Full Journal pdf

1994-05-09                     House Journal                      Page 4253
SB 370                                                                       
The following was read the second time:                                        
                                                                               

1994-05-09                     House Journal                      Page 4254
SB 370                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 370(JUD)                                  
"An Act providing an exemption from gambling laws for gambling                
conducted by cruise ships for their ticketed passengers in the                 
offshore water of the state; relating to promotions on board cruise            
ships; defining `cruise ship'; providing for exemption procedures              
for certain cruise ships before they can conduct gambling in the               
offshore water of the state; and providing for an effective date."             
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT HCS(JUD) 3DP 3NR                                         4025         
	LETTER OF INTENT WITH JUD  REPORT                                4026         
	-PREVIOUS SENATE FISCAL NOTE (REV) 5/2                           4026         
	FIN RPT HCS(FIN) 5DP 1DNP                                        4066         
	-PREVIOUS SENATE FISCAL NOTE (REV) 5/2                           4066         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 370(JUD)                                  
(same title)                                                                  
                                                                               
                                                                               
Representative Navarre objected and withdrew the objection.  There             
being no further objection, it was so ordered.                                 
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 370(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
HCS CSSB 370(JUD) was read the third time.                                     
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 370(JUD) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               

1994-05-09                     House Journal                      Page 4255
SB 370                                                                       
                                                                               
HCS CSSB 370(JUD)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  25   NAYS:  14   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein,              
Foster, Grussendorf, Hoffman, Hudson, Kott, Larson, Mackie,                    
MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Sanders,          
Toohey, Ulmer, Williams                                                        
                                                                               
Nays:  Barnes, Davidson, B.Davis, Green, Hanley, James, Martin,                
Menard, Nordlund, Olberg, Parnell, Therriault, Vezey, Willis                   
                                                                               
Absent:  Sitton                                                                
                                                                               
                                                                               
And so, HCS CSSB 370(JUD) passed the House.                                    
                                                                               
                                                                               
Representative Phillips moved the effective date clauses.                      
                                                                               
                                                                               
The question being:  "Shall the effective date clauses be adopted?"            
The roll was taken with the following result:                                  
                                                                               
                                                                               
HCS CSSB 370(JUD)                                                              
Third Reading                                                                  
Effective Dates                                                                
                                                                               
YEAS:  35   NAYS:  4   EXCUSED:  0   ABSENT:  1                              
                                                                               
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Moses,                  
Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders,       
Therriault, Toohey, Ulmer, Vezey, Williams                                     
                                                                               

1994-05-09                     House Journal                      Page 4256
SB 370                                                                       
Nays:  Martin, Menard, Olberg, Willis                                          
                                                                               
Absent:  Sitton                                                                
                                                                               
And so, the effective date clauses were adopted.                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adopt the House Judiciary Committee Letter of Intent (page               
4026).                                                                         
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
the House Judiciary Committee Letter of Intent was adopted.                    
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adopt the following letter of intent, signed by Representative           
Moses:                                                                         
                                                                               
"As originally introduced, SB 370 related only to offshore casino              
gambling on cruise ships.  During hearings on the bill, the Senate             
Judiciary Committee was advised of a practice conducted by a few               
cruise lines of promoting to its passengers particular shoreside               
businesses in Southeast Alaska ports in exchange for a fee paid by the         
business to be promoted.  In an effort to put a stop to this practice in       
Alaska, and with the full support of those cruise lines advocating the         
passage of SB 370, the Senate Judiciary Committee adopted a                    
provision in the bill to make it an unlawful trade practice under AS           
45.50.474 to conduct such onboard promotions unless the cruise                 
operator fully disclosed to its passengers that the business being             
promoted, mentioned or featured had paid a fee for that purpose.  The          
Senate passed the bill with this provision included in it.                     
                                                                               
When SB 370 was heard by the House Finance Committee, that                     
Committee went even further and banned outright the practice of cruise         
ship promotion of named shoreside businesses in exchange for fees.             
The Legal Services Division of the Legislative Affairs Agency has              
advised that the outright ban of this practice raises serious                  
constitutional issues.  The Legislature prefers an outright ban as a           
matter of public policy.  However, rather than risk a successful               
constitutional challenge and being left with no regulation of cruise ship      
                                                                               

1994-05-09                     House Journal                      Page 4257
SB 370                                                                       
promotions on the books, the Legislature believes that the approach            
adopted by the Senate Judiciary Committee is preferable to adopting            
a provision that is vulnerable to constitutional attack.  The Legislature      
does, however, wish to express its strong condemnation of this practice        
and its hope that cruise lines visiting Alaska ports will, as a matter of      
good public policy, not engage in the practice at all."                        
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
the letter of intent was adopted.                                              
                                                                               
Representative Porter later gave notice of reconsideration of his vote         
on HCS CSSB 370(JUD) and the reconsideration was taken up then.                
                                                                               
The Speaker stated that without objection, the House would revert to: