Legislature(1993 - 1994)

1993-04-19 Senate Journal

Full Journal pdf

1993-04-19                     Senate Journal                      Page 1485
SB 76                                                                        
SENATE BILL NO. 76 "An Act preventing persons with felony                      
convictions from being involved in charitable gaming activities as a           
permittee, licensee, or employee in a managerial or supervisory                
capacity; and relating to `political uses' and `political organizations'       
as those terms are used in the charitable gaming statutes" was read            
the second time.                                                               
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Committee Substitute offered on page 1465.  Senator             
Duncan objected.                                                               
                                                                               
The question being: "Shall the Finance Committee Substitute for                
SENATE BILL NO. 76 be adopted?"  The roll was taken with the                   
following result:                                                              
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1486
SB 76                                                                        
                                                                               
SB 76                                                                          
Adopt Finance CS?                                                              
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller,           
Pearce, Phillips, Rieger, Salo, Sharp, Taylor                                  
                                                                               
Nays:  Adams, Donley, Duncan, Lincoln, Little, Zharoff                         
                                                                               
and so, CS FOR SENATE BILL NO. 76(FIN) "An Act requiring                       
regulations relating to pull-tabs to be consistent with North American         
Gaming Regulators Association standards on pull-tabs to the extent             
permitted by charitable gaming laws; allowing permittees to contract           
with vendors to sell pull-tabs on behalf of the permittee at an                
establishment holding a package store license and certain                      
establishments holding a beverage dispensary license; allowing                 
municipalities to prohibit vendors from conducting gaming activities           
within the municipality; restricting the purchase of pull-tabs by              
permittees, licensees, and vendors and their owners, managers, and             
employees; requiring receipts before prizes of $50 or more may be              
awarded in pull-tab games; prohibiting distributors from supplying             
pull-tabs to vendors; requiring the registration of vendors and                
regulating activities involving them; requiring the licensing of out-of-       
state pull-tab manufacturers; 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 AS11, a classA felony, or                     
extortion; relating to multiple-beneficiary charitable gaming permits          
and door prizes for charitable gaming; requiring operators to pay              
permittees  each  quarter  at least  30 percent of the adjusted gross          

1993-04-19                     Senate Journal                      Page 1487
SB 76                                                                        
income from a pull-tab activity and limiting operators to expenses of          
not more than 70 percent of the adjusted gross income from that                
activity; requiring operators to pay permittees each quarter at least          
10 percent of the adjusted gross income from a charitable gaming               
activity other than pull-tabs and limiting operators to expenses of not        
more than 90 percent of the adjusted gross income from that activity;          
requiring a permittee who uses a pull-tab vendor to enter into a               
contract with that vendor; requiring a vendor contracting with a               
permittee to pay the permittee at least 50 percent of the ideal net for        
each pull-tab series delivered to the vendor by the permittee;                 
requiring that operators report an adjusted gross income of at least           
15 percent of gross income each quarter; allowing the commissioner             
regulating charitable gaming to issue orders prohibiting violations of         
state gaming laws; relating to the authority of the commissioner               
regulating charitable gaming to suspend or revoke a permit, license,           
or registration; prohibiting the direct contribution of proceeds of a          
bingo or pull-tab game to a candidate for a public office of the state         
or a political subdivision of the state or to that candidate's campaign        
organization; prohibiting the payment of any portion of the net                
proceeds of a charitable gaming activity to a registered lobbyist;             
relating to `political uses' and `political organizations' as those terms      
are used in the charitable gaming statutes; and providing for an               
effective date." was adopted.                                                  
                                                                               
CS FOR SENATE BILL NO. 76(FIN) was read the second time.                       
                                                                               
Senator Kerttula offered Amendment No. 1 :                                      
                                                                               
Page 1, lines 1 - 8:                                                           
	Delete all material and insert:                                               
	"An Act prohibiting the sale, manufacture, or distribution                   
of pull-tabs in the state; requiring receipts before"                         
                                                                               
Page 1, lines 9 - 12:                                                          
	Delete "prohibiting distributors from supplying pull-tabs                    
to vendors; relating to registration of vendors and regulating                 
activities involving them;  requiring  the  licensing of out-of-state         

1993-04-19                     Senate Journal                      Page 1488
SB 76                                                                       
pull-tab manufacturers;"                                                      
                                                                               
Page 2, line 4:                                                                
	Delete "vendor,"                                                            
                                                                               
Page 2, line 10, following "gaming":                                         
	Delete all material.                                                          
                                                                               
Page 2, lines 11 - 12:                                                         
	Delete all material.                                                          
                                                                               
Page 2, line 13:                                                               
	Delete "income from that activity;"                                         
                                                                               
Page 2, line 15:                                                               
	Delete "other than pull-tabs"                                               
                                                                               
Page 2, line 16:                                                               
	Delete "requiring a permittee"                                              
                                                                               
Page 2, lines 17 - 19:                                                         
	Delete all material.                                                          
                                                                               
Page 2, line 24:                                                               
	Delete "license, or registration"                                           
	Insert "or license"                                                         
                                                                               
Page 3, line 1:                                                                
	Delete "or pull-tab"                                                        
                                                                               
Page 3, line 10, through page 4, line 30:                                      
	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                               

1993-04-19                     Senate Journal                      Page 1489
SB 76                                                                        
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                       

1993-04-19                     Senate Journal                      Page 1490
SB 76                                                                       
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."                                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, line 2:                                                                
	Delete ","                                                                    
	Insert "or [,]"                                                               
                                                                               
Page 5, lines 3 - 4:                                                           
	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 5:                                                      
	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                   

1993-04-19                     Senate Journal                      Page 1491
SB 76                                                                        
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.                              
                                                                               
Page 5, line 20:                                                               
	Delete ", or register as a vendor"                                            
                                                                               
Page 5, line 26:                                                               
	Delete "or vendor"                                                            
                                                                               
Page 5, line 27:                                                               
	Delete "or vendor"                                                            
                                                                               
Page 5, line 28:                                                               
	Delete ","                                                                    
	Insert "or"                                                                   
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1492
SB 76                                                                        
Page 5, line 29:                                                               
	Delete ", or vendor"                                                          
                                                                               
Page 6, following line 31:                                                     
	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 7, lines 14 - 17:                                                         
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 7, lines 24 - 25:                                                         
	Delete "30 percent of the adjusted gross income, as                         
determined under (1) of this subsection, from a pull-tab activity              
or at least"                                                                 
                                                                               
Page 7, lines 26 - 27:                                                         
	Delete "from a gaming activity other than pull-tabs,"                     
                                                                               
Page 9, line 17:                                                               
	Delete "or pull-tab"                                                      
                                                                               
Page 9, line 26:                                                               
	Delete "new subsections"                                                      
	Insert "a new subsection"                                                     
                                                                               

1993-04-19                     Senate Journal                      Page 1493
SB 76                                                                        
Page 9, lines 27 - 29:                                                         
	Delete all material                                                           
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Page 9, line 31:                                                               
	Delete "other than pull-tabs"                                                 
                                                                               
Page 10, line 3:                                                               
	Delete ", LICENSE,"                                                           
                                                                               
Page 10, line 4:                                                               
	Delete "VENDOR REGISTRATION"                                                  
	Insert "LICENSE"                                                              
                                                                               
Page 10, line 5:                                                               
	Delete ", license, or vendor registration"                                    
	Insert "or license"                                                           
                                                                               
Page 10, lines 6 - 7:                                                          
	Delete ", licensee, or vendor"                                                
	Insert "or licensee"                                                          
                                                                               
Page 10, lines 10 - 11:                                                        
	Delete ", licensee, or registered vendor"                                     
	Insert "or licensee"                                                          
                                                                               
Page 10, line 13:                                                              
	Delete ", licensee, or vendor"                                                
	Insert "or licensee"                                                          
                                                                               
Page 10, line 15:                                                              
	Delete ", licensee, or vendor"                                                
	Insert "or licensee"                                                          
                                                                               
Page 10, line 16:                                                              
	Delete "or, in the"                                                           

1993-04-19                     Senate Journal                      Page 1494
SB 76                                                                        
Page 10, lines 17 - 21:                                                        
	Delete all material                                                           
	Insert "."                                                                    
                                                                               
Page 10, line 22:                                                              
	Delete "or vendor registration"                                               
                                                                               
Page 10, line 23:                                                              
	Delete "or vendor" in two places.                                             
                                                                               
Page 10, line 24:                                                              
	Delete "registration"                                                         
                                                                               
Page 10, following line 26:                                                    
	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 11, line 16, through page 13, line 23:                                    
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 13, line 24:                                                              
	Delete "a new section"                                                        
	Insert "new sections"                                                         
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1495
SB 76                                                                        
Page 14, following line 11:                                                    
	Insert a new section to read:                                                 
	"Sec. 05.15.197. 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 14, line 15:                                                              
	Delete ", license, or vendor registration"                                
	Insert "or license"                                                       
                                                                               
Page 14, lines 25 - 27:                                                        
	Delete all material.                                                          
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Page 15, line 8:                                                               
	Delete ";"                                                                    
	Insert "."                                                                    
                                                                               
Page 15, lines 9 - 24:                                                         
	Delete all material.                                                          
                                                                               
Page 15, line 25:                                                              
	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 15, line 26:                                                              
	Delete "12 and 16"                                                            
	Insert "13 and 17"                                                            
                                                                               

1993-04-19                     Senate Journal                      Page 1496
SB 76                                                                        
Page 15, line 28:                                                              
	Delete "12 and 16"                                                            
	Insert "13 and 17"                                                            
                                                                               
Senator Kerttula moved for the adoption of Amendment No. 1.                    
Senator Pearce objected.                                                       
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Little offered Amendment No. 2 :                                        
                                                                               
Page 2, line 24, following "registration;":                                  
	Insert "prohibiting charitable gaming from occurring at                      
any place with an alcoholic beverage license or permit except for              
a place holding a package store license;"                                     
                                                                               
Page 13, line 24:                                                              
	Delete "a new section"                                                        
	Insert "new sections"                                                         
                                                                               
Page 14, following line 11:                                                    
	Insert a new section to read:                                                 
	"Sec. 05.15.197.  CHARITABLE GAMING                                          
PROHIBITED   AT   CERTAIN   PLACES   WITH   AN                                 

1993-04-19                     Senate Journal                      Page 1497
SB 76                                                                        
ALCOHOLIC BEVERAGE LICENSE OR PERMIT.                                         
Notwithstanding any other provision of law, a charitable                       
gaming activity may not be conducted at a place with an                        
alcoholic beverage license or permit except for a place                        
holding a package store license."                                              
                                                                               
Page 15, lines 14 - 23:                                                        
	Delete all material.                                                          
                                                                               
Page 15, line 24:                                                              
	Delete "(ii)"                                                                 
                                                                               
Senator Little moved for the adoption of Amendment No. 2.  Senator             
Pearce objected.                                                               
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Taylor changed from "Yea" to "Nay".                                            
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Little offered Amendment No. 3 :                                        
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1498
SB 76                                                                        
Page 2, line 24, following "registration;":                                  
	Insert "prohibiting charitable gaming from occurring more                    
than once a year at any place having an alcoholic beverage                     
license or permit except for package stores;"                                 
                                                                               
Page 13, line 24:                                                              
	Delete "a new section"                                                        
	Insert "new sections"                                                         
                                                                               
Page 14, following line 11:                                                    
	Insert a new section to read:                                                 
	"Sec. 05.15.197.  CHARITABLE GAMING                                          
PROHIBITED AT CERTAIN PLACES WITH AN                                           
ALCOHOLIC BEVERAGE LICENSE OR PERMIT.  (a)                                     
Notwithstanding any other provision of law, except as                          
provided in this section a charitable gaming activity may not                  
be conducted at a place with an alcoholic beverage license                     
or permit except for a place holding a package store license.                  
	(b)  The department, upon application by a                                   
permittee, may authorize a permittee to conduct a charitable                   
gaming activity no more than once each calendar year at a                      
place with an alcoholic beverage license or permit other than                  
a package store license."                                                      
                                                                               
Page 15, lines 14 - 23:                                                        
	Delete all material.                                                          
                                                                               
Page 15, line 24:                                                              
	Delete "(ii)"                                                                 
                                                                               
Senator Little moved for the adoption of Amendment No. 3.  Senator             
Pearce objected.                                                               
                                                                               
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1499
SB 76                                                                        
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
Taylor changed from "Yea" to "Nay".                                            
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Salo offered Amendment No. 4 :                                          
                                                                               
Page 1, line 1, following "Act":                                             
	Insert "establishing a testing program for charitable                        
gaming permittees and operators; relating to the duties of                     
members in charge;"                                                           
                                                                               
Page 3, following line 8:                                                      
	Insert new bill sections to read:                                             
   "* Sec. 2.  AS05.15.020(a) is amended to read:                            
	(a)  A municipality or qualified organization may                            
conduct an activity permitted under this chapter, if the                       
municipality or qualified organization                                         
		(1)  applies for a permit, pays the                                     
appropriate permit fee, and receives an annual permit issued               
by the department; and                                                       
		(2)  designates a member in charge and                                      
at least one alternate member in charge under                                  
AS05.15.112 who have passed the examination required                           
by AS05.15.112  [THE ANNUAL PERMIT FEE IS                                    
		(1)  $20 FOR AN APPLICANT THAT DID                                          
NOT  HOLD  A  PERMIT  DURING   THE  PRECEDING                                  

1993-04-19                     Senate Journal                      Page 1500
SB 76                                                                        
	YEAR;                                                                         
		(2)  $20 FOR AN APPLICANT THAT                                              
HAD GROSS RECEIPTS OF LESS THAN $20,000 FROM                                   
ACTIVITIES CONDUCTED UNDER THIS CHAPTER                                       
DURING THE PRECEDING YEAR;                                                     
		(3)  $50 FOR AN APPLICANT THAT                                              
HAD GROSS RECEIPTS OF $20,000 OR MORE BUT                                      
NOT EXCEEDING $100,000 FROM ACTIVITIES                                         
CONDUCTED UNDER THIS CHAPTER DURING THE                                        
PRECEDING YEAR; OR                                                             
		(4)  $100 FOR AN APPLICANT THAT                                             
HAD GROSS RECEIPTS EXCEEDING $100,000 FROM                                     
ACTIVITIES CONDUCTED UNDER THIS CHAPTER                                        
DURING THE PRECEDING YEAR].                                                    
   * Sec. 3.  AS05.15.020 is amended by adding a new subsection              
to read:                                                                       
	(c)  The annual permit fee under (a) of this section                         
is                                                                             
		(1)  $20 for an applicant that did not hold                                 
a permit during the preceding year;                                            
		(2)  $20 for an applicant that had gross                                    
receipts of less than $20,000 from activities conducted under                  
this chapter during the preceding year;                                        
		(3)  $50 for an applicant that had gross                                    
receipts of $20,000 or more but not exceeding $100,000                         
from activities conducted under this chapter during the                        
preceding year; or                                                             
		(4)  $100 for an applicant that had gross                                   
receipts exceeding $100,000 from activities conducted under                    
this chapter during the preceding year."                                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 6, following line 19:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 10.  AS05.15.112(a) is repealed and reenacted to read:            
	(a)  Each municipality or qualified organization that                        

1993-04-19                     Senate Journal                      Page 1501
SB 76                                                                        
applies for a permit under this chapter shall designate a                     
member in charge and at least one alternate member in                          
charge.  The member in charge and alternate members in                         
charge designated must have passed a test formulated by the                    
department on the contents of this chapter and the                             
regulations adopted under this chapter.  The department shall                  
administer the test at least four times a year.  Municipalities                
and qualified organizations that hold a multiple beneficiary                   
permit shall jointly designate one member in charge and at                     
least one alternate member in charge."                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 6, following line 27:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 12.  AS05.15.112(b) is repealed and reenacted to read:            
	(b)  The member in charge is responsible for                                 
preparation, maintenance, and transmittal of all records and                   
reports required of the permittee, and, if the permittee has                   
entered into a contract with an operator under AS05.15.115,                    
for monitoring the operator's performance under and                            
compliance with that contract.  The alternate members in                       
charge are responsible for the duties of the member in                         
charge in the absence of the member in charge.  The                            
member in charge and the alternate members in charge shall                     
be members of the qualified organization or the board of                       
directors of the qualified organization or employees of the                    
municipality.  In the case of a multiple beneficiary permit,                   
the member in charge and the alternate members in charge                       
shall be members of one of the qualified organizations of                      
the board of directors of one of the qualified organizations                   
or employers of one of the municipalities."                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 6, following line 31:                                                     
	Insert a new bill section to read:                                            

1993-04-19                     Senate Journal                      Page 1502
SB 76                                                                        
   "* Sec. 14.  AS05.15.112 is amended by adding a new                       
subsection to read:                                                            
	(e)  If a permittee's designated member in charge or                         
sole alternate member in charge resigns or is no longer able                   
to serve as member in charge or alternate member in charge,                    
the permittee has six months to replace the member in                          
charge or alternate member in charge with a person who                         
meets the requirements of this section, and to notify the                      
department of the replacement.  If after six months the                        
permittee has not replaced the member in charge or alternate                   
member in charge with a person who meets the requirements                      
of this section, or has not notified the department of the                     
replacement, the permittee's permit is suspended until the                     
requirements of this subsection are met."                                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 7, following line 13:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 16.  AS05.15.122(b) is amended to read:                           
	(b)  The department may issue an operator's license                          
to a natural person, municipality, or qualified organization                   
that                                                                           
		(1)  applies on the form provided by the                                    
department;                                                                    
		(2)  pays the annual fee of $500;                                           
		(3)  discloses the identity of persons                                      
employed by the applicant in a managerial or supervisory                       
capacity;                                                                      
		(4)  submits proof of liability insurance                                   
satisfactory to the department; [AND]                                          
		(5)  posts a bond or security satisfactory to                               
the  department  in  the amount of  $25,000 for each permit                    
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1503
SB 76                                                                        
under which the operator operates up to a maximum of                          
$100,000; and                                                                
		(6)  if a natural person, has passed a test                                 
formulated by the department on the contents of this                           
chapter and the regulations adopted under this chapter                         
and administered by the department at least four times                         
a year; or, if a municipality or qualified organization,                       
has designated a municipal employee or member of the                           
organization who has passed this test."                                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 15, following line 25:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 37.  TRANSITIONAL PROVISION.  The Department of                   
Commerce and Economic Development shall prepare the tests                      
required by AS05.15.112(a), as amended by sec. 10 of this Act, and             
by AS05.15.122(b), as amended by sec.16 of this Act, so that they              
may first be offered no later than January 1994."                              
                                                                               
Page 15, line 26:                                                              
	Delete "12 and 16"                                                            
	Insert " 2, 3, 10, 12, 14, 16, 18, and 22"                                    
                                                                               
Page 15, line 28:                                                              
	Delete "12 and 16"                                                            
	Insert "18 and 22"                                                            
                                                                               
Page 15, following line 28:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 40.  Sections 2, 3, 10, 12, 14, and 16 of this Act take           
effect January 1, 1995."                                                       
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1504
SB 76                                                                        
Senator Salo moved for the adoption of Amendment No. 4.  Senator               
Pearce objected.                                                               
                                                                               
The question being: "Shall Amendment No. 4 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 5 :                                        
                                                                               
Page 2, line 11:                                                               
	Delete "30"                                                                 
	Insert "40"                                                                 
                                                                               
Page 2, line 12:                                                               
	Delete "70"                                                                 
	Insert "60"                                                                 
                                                                               
Page 2, line 14:                                                               
	Delete "10"                                                                 
	Insert "15"                                                                 
                                                                               
Page 2, line 15:                                                               
	Delete "90"                                                                 
	Insert "85"                                                                 
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1505
SB 76                                                                        
Page 7, line 24:                                                               
	Delete "30"                                                               
	Insert "40"                                                               
                                                                               
Page 7, line 25:                                                               
	Delete "10 [15]"                                                          
	Insert "15"                                                                   
                                                                               
Page 9, line 28:                                                               
	Delete "70"                                                                   
	Insert "60"                                                                   
                                                                               
Page 10, line 1:                                                               
	Delete "90"                                                                   
	Insert "85"                                                                   
                                                                               
Senator Duncan moved for the adoption of Amendment No. 5.                      
Senator Pearce objected.                                                       
                                                                               
The question being: "Shall Amendment No. 5 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Zharoff offered Amendment No. 6 :                                       
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1506
SB 76                                                                        
Page 1, line 9, following "games;":                                          
	Insert "relating to display boards for sales of pull-tab                     
series;"                                                                      
                                                                               
Page 12, following line 12:                                                    
	Insert a new subsection to read:                                              
	"(j)  For each pull-tab series offered for sale, a                           
display board shall be provided at the place of sale that lists                
all of the prizes of $50 or more that are available in the                     
series.  As a prize of $50 or more is won, the prize shall be                  
removed from the display board."                                               
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 6.                     
Senator Pearce objected, then withdrew her objection.