Legislature(1993 - 1994)
1993-05-09 House Journal
Full Journal pdf1993-05-09 House Journal Page 1767 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Sunday May 9, 1993 One Hundred Nineteenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 3:10 p.m. Roll call showed 35 members present. Representatives Hanley, Mackie, Martin, Mulder and Navarre were absent. The invocation was offered by Senator Little. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Senator Little sang "Calling All the Children Home" by John McCutcheon, saying it was, "In honor of all the mothers in the chamber on this special Mother's Day." The song is as follows: "Johnny, Mary, Claire, Lulu, Jeanie, Kevin, Jeff, Patty, Nancy, Rob. Shadows growing longer, lights growing dim, Supper's on the table, everybody come in. I've been playing by the river, I'm tired to the bone. She's calling all the children home. 1 1993-05-09 House Journal Page 1768 (Chorus) Home to the table and the big black pot. Everybody's got enough though we ain't got a lot. No one is forgotten, no one is alone, When she's callin' all the children home. Everybody's sittin' in everybody's place With their fresh-scrubbed fingers And their fresh-scrubbed face. We're quiet for a minute while sister says grace Like she's callin' all the children home. (Chorus) I can hear her voice in the middle of a crowd. It was never too late, it was never too loud. Smelled just like home by the time we hit the door. There was always just enough, there was always room for more. So...out in the desert, down by the sea, Hear the voice callin' 'olly, olly, in free.' From the city to the forest where the wild beasts roam, She's calling all the children home. Home to the table, home to the feast, Where the last are the first and the greatest are the least. Where the rich will envy what the poor have got. Everybody's got enough, though we ain't got a lot. No one is forgotten, no one is alone, When she's calling all the children home. Johnny, Mary, Claire, Lulu, Jeanie, Kevin, Jeff, Patty, Nancy, Rob." The Pledge of Allegiance was led by Representative MacLean. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 118th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1993-05-09 House Journal Page 1769 REPORTS OF STANDING COMMITTEES SB 60 The Finance Committee has considered: CS FOR SENATE BILL NO. 60(FIN) "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." and recommends it be replaced with following (new title pending authorization by HCR 23): HCS FOR SENATE BILL NO. 60(FIN) "An Act making appropriations for construction and major maintenance of educational facilities; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (9): MacLean, Larson, Hanley, Hoffman, Parnell, Grussendorf, Brown, Foster, Therriault Do not pass (1): Navarre No recommendation (1): Martin CSSB 60(FIN) is on today's supplemental calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Ann Marie Clark By Representative James 1993-05-09 House Journal Page 1770 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 304 HOUSE BILL NO. 304 by Representative Therriault, entitled: "An Act relating to emergency planning and response; transferring the State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; transferring responsibility for establishing and maintaining emergency response depots and the oil and hazardous substance response corps to the Department of Environmental Conservation; eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually." was read the first time and referred to the Community & Regional Affairs, State Affairs, Resources and Finance Committees. ***The presence of Representative Mulder was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS 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. SECOND READING OF SENATE BILLS SB 51 The following which was held in second reading for today's calendar (page 1709) with pending Amendment No. 1, was again before the House: SENATE BILL NO. 51 "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." with the: Journal Page FIN RPT 5DP 6NR 1661 -SENATE FN (DHSS) 3/8/93 1662 Amendment No. 1 by Representative Ulmer (page 1708) was again before the House. Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be withdrawn. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Ulmer: Page 5, line 24, before "committed": Insert "16 years of age or older and," 1993-05-09 House Journal Page 1805 SB 51 Representative Ulmer moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Porter objected. The Speaker placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 51 Second Reading Amendment No. 2 YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Hoffman, Hudson, James, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, Green, Grussendorf, Hanley, Kott, Larson, Martin, Mulder, Olberg, Porter, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Ulmer: Page 5, line 26, after "with": Insert "(A) laws applicable to the employment of children; and (B)" Representative Ulmer moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Hanley objected. 1993-05-09 House Journal Page 1806 SB 51 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SB 51 am H Second Reading Amendment No. 3 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, James, Menard, Nicholia, Nordlund, Ulmer Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Ulmer: Page 5, line 2, after "(a)" through line 6: Delete all material. Insert "A city [HAVING A POPULATION OF 1700 OR MORE, ACCORDING TO THE LATEST DECENNIAL CENSUS, OR FOUND BY THE DEPARTMENT TO HAVE A PRESENT POPULATION OF 1700 OR MORE] may maintain and operate a juvenile detention [HOME OR] facility, and a city or a nonprofit corporation may maintain and operate a juvenile detention home or a juvenile work camp." Representative Ulmer moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard and withdrawn. There being no further objection, it was so ordered. Amendment No. 5 was offered by Representative B.Davis: Page 5, lines 11 - 13: Delete all material and insert: "(a) The department shall adopt standards and regulations for the operation of 1993-05-09 House Journal Page 1807 SB 51 (1) juvenile detention homes and juvenile detention facilities in the state; and (2) juvenile work camps in the state; the regulations adopted under this paragraph must provide a means by which to ensure that a minor who is placed in a work camp (A) is in good physical and mental condition and able to perform the work and engage in the activities that may be required of the minor; (B) does not present a danger to the physical safety of other minors who are placed in the work camp." Representative B.Davis moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SB 51 am H Second Reading Amendment No. 5 YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, James, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Phillips, Sanders, Sitton, Ulmer, Willis Nays: Bunde, G.Davis, Green, Hanley, Hudson, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Porter, Therriault, Toohey, Vezey, Williams And so, Amendment No. 5 was adopted. Amendment No. 6 was offered by Representative B.Davis: 1993-05-09 House Journal Page 1808 SB 51 Page 5, line 24 after "facility": Delete "may" Insert "shall" Page 5, line 25 after "to": Delete "labor on the buildings and grounds or perform any other work or engage in any activities that do not" Insert "complete a treatment plan that includes behavioral, educational, psychological, family and community and work components, but may not be required to engage in any activities that" Representative B.Davis moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Kott objected. Representative Navarre rose to a point of order regarding speaking for a member of another body. The Speaker stated the point was well taken. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SB 51 am H Second Reading Amendment No. 6 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, James, Mackie, Menard, Nicholia, Sitton, Ulmer, Williams, Willis 1993-05-09 House Journal Page 1809 SB 51 Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 6 was not adopted. Representative Phillips moved and asked unanimous consent that SB 51 am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 51 am H was read the third time. The question being: "Shall SB 51 am H pass the House?" The roll was taken with the following result: SB 51 am H Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Carney, Davidson, Vezey Brice changed from "Nay" to "Yea". And so, SB 51 am H passed the House. Representative Vezey gave notice of reconsideration of his vote on SB 51 am H. 1993-05-09 House Journal Page 1810 SB 106 The following was read the second time: CS FOR SENATE BILL NO. 106(FIN) am(efd fld) "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund." with the: Journal Page SENATE REQUEST RETURN OF BILL 1680 RETURNED TO SENATE 1681 FIN RPT HCS(FIN) 1DP 1DNP 7NR 1AM 1755 -3 ZERO FNS(DCRA, DCED, DCED) 5/8/93 1756 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. 106(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ulmer: Page 1, line 10 following "fund" (title amendment): Insert "and providing for an effective date" 1993-05-09 House Journal Page 1811 SB 106 Page 38, following line 9: Insert new section to read: "*Sec. 40. This act takes effect July 1, 1994." Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. Representative Vezey rose to a point of order regarding inappropriate debate. The Speaker stated the point was well taken. Representative Navarre rose to a point of order regarding pertinence of debate. The Speaker stated the point was well taken. Representative Vezey rose to a point of order regarding debate straying from the motion before the body. The Speaker cautioned the member to confine remarks to the amendment. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 106(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Nicholia, Nordlund, Ulmer Nays: Barnes, Brice, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 1 was not adopted. 1993-05-09 House Journal Page 1812 SB 106 Representative Phillips moved and asked unanimous consent that HCS CSSB 106(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. ANNOUNCEMENTS Minority Caucus upon recess, 5/9 Conference Committee HB 55 upon recess, 5/9 The Speaker stated the House would recess until 7:00 p.m. And so, the House recessed at 6:28 p.m. AFTER RECESS The House was called back to order at 7:56 p.m. SECOND READING OF SENATE BILLS (continued) SB 106 The Speaker placed a call of the House and lifted the call. Representative Ulmer withdrew her objection to the advancement of HCS CSSB 106(FIN) to third reading on the same day. There being no further objection, it was so ordered. HCS CSSB 106(FIN) was read the third time. The question being: "Shall HCS CSSB 106(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 106(FIN) Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 0 ABSENT: 3 1993-05-09 House Journal Page 1813 SB 106 Yeas: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davidson, Davies, Finkelstein, Ulmer Absent: Grussendorf, Hanley, Larson And so, HCS CSSB 106(FIN) passed the House. Representative Brown moved and asked unanimous consent that the House adopt the following letter of intent: Letter of Intent for HCS CSSB 106(FIN) "Not withstanding the State Personnel Act (AS 39.25), it is the intent of the Legislature that employees transferred to the Department of Community and Regional Affairs under Sec. 35 of this Act will transfer into the classified service or the case of employees in policy level positions, into the exempt or partially exempt service. It is the intent that the Department of Community and Regional Affairs may employ these people without having to comply with the register requirements of AS 39.25." There being no objection, it was so ordered. HCS CSSB 106(FIN) was referred to the Chief Clerk for engrossment. SB 126 The following was read the second time: 1993-05-09 House Journal Page 1814 SB 126 CS FOR SENATE BILL NO. 126(RLS) am(efd fld) "An Act making appropriations for grants and loans for hydroelectric projects including power transmission interties, to capitalize certain funds for energy grant and loan programs in the state, including the power cost equalization and rural electric capitalization fund, to the Department of Community and Regional Affairs for operating costs related to power projects and programs and to capitalize the Railbelt energy fund." with the: Journal Page SENATE REQUEST RETURN OF BILL 1681 RETURNED TO SENATE 1681 FIN RPT HCS(FIN) 1DP 1DNP 9NR 1756 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. 126(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Hoffman: Page 1, line 5, after "for" (title amendment): Insert "the bulk fuel systems upgrade program and for" Page 4, after line 24: Insert a new bill section to read: "* Sec. 7. The sum of $35,000,000 is appropriated from the general fund to the Department of Community and Regional Affairs for the bulk fuel systems upgrade program." Renumber the following bill sections accordingly. Representative Hoffman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. 1993-05-09 House Journal Page 1815 SB 126 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 126(FIN) Second Reading Amendment No. 1 YEAS: 18 NAYS: 20 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Davidson, Davies, B.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Carney, G.Davis, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Absent: Hanley, Therriault And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Navarre: Page 6, lines 26 - 28: Delete Section 15 Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 126(FIN) Second Reading Amendment No. 2 YEAS: 16 NAYS: 23 EXCUSED: 0 ABSENT: 1 1993-05-09 House Journal Page 1816 SB 126 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Absent: Therriault And so, Amendment No. 2 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 126(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 126(FIN) was read the third time. The question being: "Shall HCS CSSB 126(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 126(FIN) Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davidson, Finkelstein And so, HCS CSSB 126(FIN) passed the House and was referred to the Chief Clerk for engrossment. 1993-05-09 House Journal Page 1817 LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Craig Panthers Boys Basketball Team By Representatives Mackie, Brice, B.Davis, Hoffman, James, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Ulmer, Willis; Senator Zharoff Honoring - Kake Thunderbirds Girls Basketball Team By Representatives Mackie, Brice, B.Davis, Hoffman, James, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Ulmer, Willis; Senator Zharoff Honoring - Klawock Chieftains Girls Basketball Team By Representatives Mackie, Brice, B.Davis, Hoffman, James, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Ulmer, Willis; Senator Zharoff Honoring - Skagway Panther Basketball Team By Representatives Mackie, Brice, B.Davis, Hoffman, James, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Ulmer, Willis; Senator Zharoff Honoring - Shannon Mallory By Senator Lincoln; Representatives Brice, B.Davis, Hoffman, Menard, Nicholia, Willis In Memoriam - Robert Kulstad By Senator Lincoln; Representatives Brice, B.Davis, Hoffman, Menard, Willis RECONSIDERATION SB 198 Representative Mulder brought up reconsideration of the vote on SB 198(fld H) (page 1713). The following was again before the House in third reading: 1993-05-09 House Journal Page 1818 SB 198 SENATE BILL NO. 198 "An Act exempting certain activities of the Department of Transportation and Public Facilities from the regulation provisions of the Administrative Procedure Act and allowing other procedures for those activities; and providing for an effective date." The question to be reconsidered: "Shall SB 198 pass the House?" The roll was taken with the following result: SB 198--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 10 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Bunde, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Davidson, Davies, B.Davis, Grussendorf, Hoffman, Mackie, Nordlund, Willis Absent: Carney And so, SB 198 passed the House. 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 clause. There being no objection, it was so ordered. SB 198 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 142 Representative Phillips brought up reconsideration of the vote on HCS CSSB 142(FIN) (page 1711). The following was again before the House in third reading: 1993-05-09 House Journal Page 1819 SB 142 HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date." Representative Phillips moved and asked unanimous consent that HCS CSSB 142(FIN) be placed in the Chief Clerk's pending file. There being no objection, it was so ordered. HB 158 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1703) on the following at this time: CS FOR HOUSE BILL NO. 158(L&C) "An Act making appropriations for contract settlement costs and cost-of-living adjustments for public employees who are members of certain collective bargaining units; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 158(L&C) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 158(L&C), thus adopting SCS CSHB 158(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 158(L&C)?" The roll was taken with the following result: SCS CSHB 158(L&C) Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 1993-05-09 House Journal Page 1820 HB 158 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 158(L&C). 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 clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 158(L&C) was referred to the Chief Clerk for enrollment. HB 236 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1703) on the following at this time: CS FOR HOUSE BILL NO. 236(RLS) am "An Act relating to notices for the sale of certain real property." and CS FOR HOUSE BILL NO. 236(RLS) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 236(RLS) am, thus adopting CSHB 236(RLS) am S, and recommended that the members vote yes. 1993-05-09 House Journal Page 1821 HB 236 The question being: "Shall the House concur in the Senate amendment to CSHB 236(RLS) am?" The roll was taken with the following result: CSHB 236(RLS) am S Concur YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Green And so, the House concurred in the Senate amendment, thus adopting CSHB 236(RLS) am S. The Chief Clerk was instructed to so notify the Senate. CSHB 236(RLS) am S was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 23 HOUSE CONCURRENT RESOLUTION NO. 23 by Representative Phillips: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 60, making appropriations for school construction projects and additional district support. was read the first time and is on today's supplemental calendar. 1993-05-09 House Journal Page 1822 UNFINISHED BUSINESS SB 60 The Speaker stated the following bill on the supplemental calendar would be held until May 10, 1993: CS FOR SENATE BILL NO. 60(FIN) "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." HCR 23 The Speaker stated the following resolution on the supplemental calendar would be held until May 10, 1993: HOUSE CONCURRENT RESOLUTION NO. 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 60, making appropriations for school construction projects and additional district support. HB 81 Representative Vezey should be listed as Chair of the conference committee appointed May 9, 1993 (page 1759) considering the following bills: CS FOR HOUSE BILL NO. 81(FIN) am "An Act relating to the longevity bonus program." and SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) (same title) SB 19 Representative Toohey added her name as cross sponsor to: CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to the crime of conspiracy." 1993-05-09 House Journal Page 1823 SB 54 Representative Toohey added her name as cross sponsor to: CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." SB 106 Representative Brice added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund." SB 126 Representative Brice added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 126(FIN) "An Act making appropriations for grants and loans for hydroelectric projects including power transmission interties, to capitalize certain funds for energy grant and loan programs in the state, including the power cost equalization and rural electric capitalization fund, to the Department of Community and Regional Affairs for operating costs related to power projects and programs and to capitalize the Railbelt energy fund." 1993-05-09 House Journal Page 1824 HB 67 Reconsideration of the following was not taken up on this legislative day: SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN)(efd fld) "An Act relating to eligibility for and payments of public assistance." The Chief Clerk was instructed to so notify the Senate: SCS CSHB 67(FIN)(efd fld) was referred to the Chief Clerk for enrollment. ENGROSSMENT SB 106 HCS CSSB 106(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 126 HCS CSSB 126(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Finance Committee after adj., 5/9 SB 99 CCS HB 55 will be available on each member's desk in the a.m., 5/10. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 10, 1993. There being no objection, the House adjourned at 9:34 p.m. J.C. Shine Chief Clerk