Legislature(1993 - 1994)

1993-04-19 Senate Journal

Full Journal pdf

1993-04-19                     Senate Journal                      Page 1506
SB 76                                                                        
Senator Pearce renewed her objection for the adoption of                       
Amendment No. 6.                                                               
                                                                               
The question being: "Shall Amendment No. 6 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1507
SB 76                                                                        
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Lincoln offered Amendment No. 7 :                                       
                                                                               
Page 3, line 5, following "statutes":                                        
	Insert "providing communities with the authority by local                    
option election to prohibit charitable gaming within the                       
community;"                                                                   
                                                                               
Page 13, line 24:                                                              
	Delete "a new section"                                                        
	Insert "new sections"                                                         
                                                                               
Page 14, following line 11:                                                    
	Insert new sections to read:                                                  
	"Sec. 05.15.197. PROHIBITION OF CHARITABLE                                   
GAMING.  (a)  The following question, appearing alone,                         
may be placed before the voters of a municipality or an                        
established village in accordance with AS05.15.198:  "Shall                    
charitable gaming in . . . . . . . (name of municipality or                    
village) be prohibited? (yes or no)".                                          
	(b)  If a majority of the voters vote "yes" on the                           
question set out in (a) of this section, the department shall                  
be notified immediately after certification of the results of                  
the election and thereafter the department may not issue a                     
license, permit, or vendor registration authorizing charitable                 
gaming within the boundaries of a municipality and in                          
unincorporated areas within five miles of the boundaries of                    
the municipality or within the perimeter of an established                     
village.  Existing licenses, permits, and vendor registrations                 
for charitable gaming within the boundaries of a                               
municipality and in unincorporated areas within five miles                     
of the boundaries of the municipality or within the perimeter                  
of an established village that has prohibited charitable                       

1993-04-19                     Senate Journal                      Page 1508
SB 76                                                                        
	gaming by local option election held under this section are                   
	void 90 days after the results of the election are certified.                 
	A license or vendor registration that will expire during the                  
	90 days after the results of a local option election under this               
	section are certified is void as of the expiration date.                      
	Sec. 05.15.198.  PROCEDURE FOR LOCAL                                         
OPTION ELECTIONS.  (a)  The local governing body of                            
a municipality, whenever a number of registered voters equal                   
to at least 35 percent of the number of votes cast at the last                 
regular municipal election petition the local governing body                   
to do so, shall place upon a separate ballot at the next                       
regular election or at a special election the question set out                 
in AS05.15.197 that is the subject of the petition.  The                       
local governing body shall conduct the election in                             
accordance with the election ordinance of the municipality.                    
	(b)  The lieutenant governor, whenever 35 percent                            
of the registered voters residing within an established village                
petition the lieutenant governor to do so, shall place upon a                  
separate ballot at a special election the question set out in                  
AS05.15.197 that is the subject of the petition.  The                          
lieutenant governor shall conduct the election in the manner                   
prescribed by AS15 (Alaska Election Code).                                     
	(c)  Notwithstanding any other provisions of law, an                         
election under (a) or (b) of this section to remove a                          
restriction on charitable gaming imposed under AS05.15.197                     
may not be conducted more than once every 12 months.                           
	(d)  AS29.26.110 - 29.26.160 apply to a petition                             
under (a) of this section in a general law municipality                        
except the                                                                     
		(1)  number of required signatures is                                       
determined under (a) of this section rather than under                         
AS29.26.130;                                                                   
		(2)  application filed under AS29.26.110                                    
must contain the question set out under AS05.15.197 rather                     
than containing an ordinance or resolution;                                    
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1509
SB 76                                                                        
		(3)  petition must contain the question set                                 
out under AS05.15.197 rather than material required under                      
AS29.26.120(a)(1) and (2)."                                                    
                                                                               
Page 14, following line 21:                                                    
	Insert a new paragraph to read:                                               
		"(36)  "established village" means an                                       
unincorporated community that is in                                            
		(A)  the unorganized borough and                                           
that has 25 or more permanent residents; or                                    
		(B)  an organized borough, has 25                                          
or more permanent residents; and                                               
		(i)  is on a road system and                                              
is located more than 50 miles outside the                                      
boundary limits of a unified municipality;                                     
or                                                                             
		(ii)  is not on a road                                                    
system and is located more than 15 miles                                       
outside the boundary limits of a unified                                       
municipality;"                                                                 
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Page 14, following line 24:                                                    
	Insert a new paragraph to read:                                               
		"(38)  "governing body" has the meaning                                     
given in AS29.71.800."                                                         
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 7.                     
Senator Pearce objected.                                                       
                                                                               
The question being: "Shall Amendment No. 7 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1510
SB 76                                                                        
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
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. 7 failed.                                                
                                                                               
Senator Lincoln offered Amendment No. 8 :                                       
                                                                               
Page 3, line 5, following "statutes":                                        
                                                                               
	Insert "providing communities with the authority by local                    
option election to prohibit the sale of pull-tabs and the operation            
of pull-tab games within the community;"                                      
                                                                               
Page 13, line 24:                                                              
	Delete "a new section"                                                        
	Insert "new sections"                                                         
                                                                               
Page 14, following line 11:                                                    
	Insert new sections to read:                                                  
	"Sec. 05.15.197.  PROHIBITION OF THE SALE                                    
OF PULL-TABS.  (a)  The following question, appearing                          
alone, may be placed before the voters of a municipality or                    
an established village in accordance with AS05.15.198:                         
"Shall the sale of pull-tabs and the operation of pull-tab                     
games in . . . . . . . (name of municipality or village) be                    
prohibited? (yes or no)".                                                      
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1511
SB 76                                                                        
	(b)  If a majority of the voters vote "yes" on the                           
question set out in (a) of this section, the department shall                  
be notified immediately after certification of the results of                  
the election and thereafter the department may not issue a                     
license, permit, or vendor registration authorizing the sale of                
pull-tabs or the operation of pull-tab games within the                        
boundaries of a municipality and in unincorporated areas                       
within five miles of the boundaries of the municipality or                     
within the perimeter of an established village.  Existing                      
licenses, permits, and vendor registrations for the sale of                    
pull-tabs or the operation of pull-tab games within the                        
boundaries of a municipality and in unincorporated areas                       
within five miles of the boundaries of the municipality or                     
within the perimeter of an established village that has                        
	prohibited the sale of pull-tabs by local option election held                
	under this section are void 90 days after the results of the                  
	election are certified.  A license or vendor registration that                
	will expire during the 90 days after the results of a local                   
	option election under this section are certified is void as of                
	the expiration date.                                                          
	Sec. 05.15.198.  PROCEDURE FOR LOCAL                                         
OPTION ELECTIONS.  (a)  The local governing body of                            
a municipality, whenever a number of registered voters equal                   
to at least 35 percent of the number of votes cast at the last                 
regular municipal election petition the local governing body                   
to do so, shall place upon a separate ballot at the next                       
regular election or at a special election the question set out                 
in AS05.15.197 that is the subject of the petition.  The                       
local governing body shall conduct the election in                             
accordance with the election ordinance of the municipality.                    
	(b)  The lieutenant governor, whenever 35 percent                            
of the registered voters residing within an established village                
petition the lieutenant governor to do so, shall place upon a                  
separate ballot at a special election the question set out in                  
AS05.15.197 that is the subject of the petition.  The                          
lieutenant governor shall conduct the election in the manner                   
prescribed by AS15 (Alaska Election Code).                                     

1993-04-19                     Senate Journal                      Page 1512
SB 76                                                                        
	(c)  Notwithstanding any other provisions of law, an                         
election under (a) or (b) of this section to remove a                          
restriction on the sale of pull-tabs and the operation of pull-                
tab games imposed under AS05.15.197 may not be                                 
conducted more than once every 12 months.                                      
	(d)  AS29.26.110 - 29.26.160 apply to a petition                             
under (a) of this section in a general law municipality                        
except the                                                                     
		(1)  number of required signatures is                                       
determined under (a) of this section rather than under                         
AS29.26.130;                                                                   
		(2)  application filed under AS29.26.110                                    
must contain the question set out under AS05.15.197 rather                     
than containing an ordinance or resolution;                                    
			(3)  petition must contain the question set                               
	out under AS05.15.197 rather than material required under                     
	AS29.26.120(a)(1) and (2)."                                                   
                                                                               
Page 14, following line 21:                                                    
	Insert a new paragraph to read:                                               
		"(36)  "established village" means an                                       
unincorporated community that is in                                            
		(A)  the unorganized borough and                                           
that has 25 or more permanent residents; or                                    
		(B)  an organized borough, has 25                                          
or more permanent residents; and                                               
		(i)  is on a road system and                                              
is located more than 50 miles outside the                                      
boundary limits of a unified municipality;                                     
or                                                                             
		(ii)  is not on a road                                                    
system and is located more than 15 miles                                       
outside the boundary limits of a unified                                       
municipality;"                                                                 
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               

1993-04-19                     Senate Journal                      Page 1513
SB 76                                                                        
Page 14, following line 24:                                                    
	Insert a new paragraph to read:                                               
		"(38)  "governing body" has the meaning                                     
given in AS29.71.800."                                                         
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 8.                     
Senator Pearce objected.                                                       
                                                                               
The question being: "Shall Amendment No. 8 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
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. 8 failed.                                                
                                                                               
Senator Ellis offered Amendment No. 9 :                                         
                                                                               
Page 3, line 5, following "statutes;":                                       
	Insert "providing civil penalties, including suspension of                   
liquor licenses and permits, for certain violations of the                     
charitable gaming laws;"                                                      
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1514
SB 76                                                                        
Page 3, after line 8:                                                          
	Insert a new bill section to read:                                            
	"* Sec. 2.  AS 04.11.370 is amended by adding a new                         
subsection to read:                                                            
	(b)  The board                                                               
		(1)  shall suspend, under the conditions and                                
for the periods set out in AS 05.15.200(c)(2) and (3), the                     
license or permit of a person who violates AS05.15;                            
		(2)  may suspend for the period set out in                                  
AS05.15.200(c)(1), the license or permit of a person who                       
violates AS05.15; if the board does not suspend the license                    
or permit, the board shall issue a written statement of the                    
reason the permit or license was not revoked."                                 
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 14, following line 16:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 29.  AS05.15.200 is amended by adding a new                       
subsection to read:                                                            
	(c)  Notwithstanding any other provision of this                             
chapter, if the commissioner determines that a violation of                    
this chapter by a permittee, vendor, or licensee has occurred,                 
the commissioner shall impose a civil penalty as follows:                      
		(1)  for a first violation within the preceding                             
10 years, the commissioner shall, if the permittee, vendor,                    
or licensee had gross receipts of (A) less than $20,000 from                   
activities conducted under this chapter during the preceding                   
calendar year, assess a civil penalty of not more than                         
$1,000, or an amount equal to the monetary gain realized by                    
the permittee, vendor, or licensee as a result of the violation,               
whichever is greater; or (B) $20,000 or more from activities                   
conducted under this chapter during the preceding calendar                     
year, suspend for 30 days all of the licenses, permits, or                     
registrations held by the permittee, vendor, or licensee; and                  
assess a civil penalty of the greater of (i) at least $1,000,                  
but  not  more  than $5,000; or  (ii) an amount equal to the                   

1993-04-19                     Senate Journal                      Page 1515
SB 76                                                                        
	monetary gain realized by the permittee, licensee, or vendor                  
	as a result of the violation; if the permittee, vendor, or                    
	licensee also holds a license or permit issued under                          
	AS04.11, the commissioner shall transmit a copy of the                        
	record to the Alcoholic Beverage Control Board and the                        
	board may suspend that license or permit for not more than                    
	30 days;                                                                      
		(2)  for a second violation within 10 years                                 
of the first violation, the commissioner shall suspend for one                 
year all of the permits, licenses, or registrations held by the                
permittee, vendor, or licensee, and assess a civil penalty of                  
the greater of (A) at least $2,500, but not more than                          
$10,000; or (B) an amount equal to the monetary gain                           
realized by the permittee, vendor, or licensee as a result of                  
the violation; if the permittee, vendor, or licensee also holds                
a license or permit issued under AS 04.11, the commissioner                    
	shall transmit a copy of the record to the Alcoholic Beverage                 
	Control Board and the board shall suspend that license or                     
	permit for at least 30 days; and                                              
		(3)  for a third or subsequent violation                                    
within a 10-year period, the commissioner shall revoke all                     
of the permits, licenses, or registrations held by the                         
permittee, vendor, or licensee and assess a civil penalty of                   
the greater of (A) at least $10,000, but not more than                         
$25,000; or (B) an amount equal to the monetary gain                           
realized by the permittee, vendor, or licensee as a result of                  
the violation; if the permittee, vendor, or licensee also holds                
a license or permit issued under AS 04.11, the commissioner                    
shall transmit a copy of the record to the Alcoholic                           
Beverage Control Board and the board shall suspend that                        
license or permit for at least one year; a permittee, licensee,                
or vendor whose permit, license, or registration has been                      
revoked under this paragraph may not apply for a new                           
permit, license, or registration until at least 10 years have                  
elapsed;"                                                                      
                                                                               
Renumber the following sections accordingly.                                   

1993-04-19                     Senate Journal                      Page 1516
SB 76                                                                        
Page 15, line 26:                                                              
	Delete "12 and 16"                                                            
	Insert "13 and 17"                                                            
                                                                               
Page 15, line 28:                                                              
	Delete "12 and 16"                                                            
	Insert "13 and 17"                                                            
                                                                               
Senator Ellis moved for the adoption of Amendment No. 9.  Senator              
Taylor objected.                                                               
                                                                               
Senator Ellis moved and asked unanimous consent that Amendment                 
No. 9 be withdrawn.  Without objection, it was so ordered.                     
                                                                               
Senator Salo offered Amendment No. 10 :                                         
                                                                               
Page 2, line 10, following "gaming;":                                        
	Insert "prohibiting a person under age 21 from playing,                      
buying a chance in, or entering any charitable gaming activity;"              
                                                                               
Page 11, following line 5:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 20.  AS 05.15.180(f) is amended to read:                          
	(f)  A person under the age of 21 [19] years may                         
not play a bingo or pull-tab game, or otherwise play, buy                
a chance in, or enter any charitable gaming activity."                       
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 15, line 25:                                                              
	Delete "and 05.15.140(c)"                                                     
	Insert "05.15.140(c), and 05.15.187(e)"                                       
                                                                               
Senator Salo moved for the adoption of Amendment No. 10. Senator               
Pearce objected.