Legislature(1993 - 1994)

1993-04-19 Senate Journal

Full Journal pdf

1993-04-19                     Senate Journal                      Page 1517
SB 76                                                                        
The question being:  "Shall Amendment No. 10 be adopted?"  The                 
roll was taken with the following result:                                      
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
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. 10 failed.                                               
                                                                               
Senator Donley offered Amendment No. 11 :                                       
                                                                               
Page 1, line 11, following "out-of-state":                                   
	Insert "pull-tab manufacturers and increasing the annual                     
licensing fee for"                                                            
                                                                               
Page 11, following line 20:                                                    
	Insert a new bill section to read:                                            
  "* Sec. 22.  AS05.15.181(b) is amended to read:                            
	(b)  The department may issue a pull-tab                                     
manufacturer's license to a person who pays an annual fee                      
of $5,000 [$500]."                                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Donley moved for the adoption of Amendment No. 11.                     
Senator Pearce objected.                                                       

1993-04-19                     Senate Journal                      Page 1518
SB 76                                                                        
Senator Donley offered amendment to Amendment No. 11:                          
                                                                               
	Delete $5,000                                                               
	Insert  $2,500                                                              
                                                                               
Senator Donley moved for the adoption of amendment to                          
Amendment No. 11.  Senator Taylor objected.                                    
                                                                               
The question being:  "Shall amendment to Amendment No. 11 be                   
adopted?"  The roll was taken with the following result:                       
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment to Amendment No. 11                                                  
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff            
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce,          
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
and so amendment to Amendment No. 11 failed.                                   
                                                                               
The question being:  "Shall Amendment No. 11 be adopted?"  The                 
roll was taken with the following result:                                      
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
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                                                          
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1519
SB 76                                                                        
and so, Amendment No. 11 failed.                                               
                                                                               
Senator Donley offered Amendment No. 12 :                                       
                                                                               
Page 7, lines 23 - 25:                                                         
	Delete "[TWO CONSECUTIVE QUARTERS] at least 30                              
percent of the adjusted gross income, as determined under (1) of               
this subsection, from a pull-tab activity or at least 10 [15]"               
	Insert "an amount set by the department by regulation                       
that may not be less than (A) 30 percent of the adjusted gross                 
income, as determined under (1) of this subsection, from a pull-               
tab activity, or (B) 10 [TWO CONSECUTIVE QUARTERS AT                         
LEAST 15]"                                                                     
                                                                               
Page 9, line 28, following "exceed":                                           
	Insert "an amount set by the department by regulation that                    
may not be greater than"                                                       
                                                                               
Page 9, line 31, following "exceed":                                           
	Insert "an amount set by the department by regulation that                    
may not be greater than"                                                       
                                                                               
Page 13, line 18:                                                              
	Delete "no less than 50 percent"                                              
	Insert "a percentage of the ideal net set by the department                   
by regulation that may not be less than 50 percent"                            
                                                                               
Senator Donley moved for the adoption of Amendment No. 12.                     
Senator Pearce objected.                                                       
                                                                               
The question being: "Shall Amendment No. 12 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1520
SB 76                                                                        
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. 12 failed.                                               
                                                                               
Senator Little offered Amendment No. 13 :                                       
                                                                               
Page 12, line 18:                                                              
	Delete "of $50"                                                               
	Insert "set by the department of not less than $500"                          
                                                                               
Page 13, line 8:                                                               
	Delete "of $50"                                                               
	Insert "set by the department of not less than $500"                          
                                                                               
Senator Little moved for the adoption of Amendment No. 13.                     
Senator Pearce objected.                                                       
                                                                               
Senator Little moved and asked unanimous consent that Amendment                
No. 13 be withdrawn.  Without objection, it was so ordered.                    
                                                                               
Senator Ellis offered Amendment No. 14 :                                        
                                                                               
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;"                                                      
                                                                               
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:                                                            
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1521
SB 76                                                                        
	(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                       
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                         

1993-04-19                     Senate Journal                      Page 1522
SB 76                                                                        
	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 1523
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. 14.                      
Senator Pearce objected.                                                       
                                                                               
The question being: "Shall Amendment No. 14 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
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. 14 failed.                                               
                                                                               
Senator Little offered Amendment No. 15 :                                       
                                                                               
	Page 2, line 18                                                               
	and                                                                           
	Page 13, line 18:	Delete "50"                                                 
				Insert "80"                                                                
                                                                               
Senator Little moved for the adoption of Amendment No. 15.                     
Senator Taylor objected.                                                       
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1524
SB 76                                                                        
The question being: "Shall Amendment No. 15 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
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. 15 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 16 :                                      
                                                                               
Page 3, line 5, following "statutes;":                                       
	Insert "allowing gaming devices on ferries;"                                
                                                                               
Page 15, following line 24:                                                    
	Insert new bill sections to read:                                             
  "* Sec. 30.  AS11.66.280(2) is amended to read:                            
		(2)  "gambling" means that a person stakes                                  
or risks something of value upon the outcome of a contest                      
of chance or a future contingent event not under the                           
person's control or influence, upon an agreement or                            
understanding that person or someone else will receive                         
something of value in the event of a certain outcome;                          
"gambling" does not include                                                    
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1525
SB 76                                                                        
		(A)  bona fide business transactions                                       
valid under the law of contracts for the purchase or                           
sale at a future date of securities or commodities                             
and agreements to compensate for loss caused by                                
the happening of chance, including contracts of                                
indemnity or guaranty and life, health, or accident                            
insurance; [OR]                                                                
                                                                               
		(B)  playing an amusement device                                           
that                                                                           
		(i)  confers only an                                                      
immediate right of replay not exchangeable                                     
for something of value other than the                                          
privilege of immediate replay; and                                             
		(ii)  does not contain a                                                  
method or device by which the privilege of                                     
immediate replay may be cancelled or                                           
revoked; or                                                                
		(C)  an activity authorized by the                                         
commissioner of revenue [COMMERCE AND                                      
ECONOMIC DEVELOPMENT] under AS05.15 or                                       
AS19.65.030;                                                                 
   * Sec. 31.  AS11.66.280(3) is amended to read:                            
		(3)  "gambling device" means any device,                                    
machine, paraphernalia, or equipment that is used or usable                    
in the playing phases of unlawful gambling, whether it                         
consists of gambling between persons or gambling by a                          
person involving the playing of a machine; "gambling                           
device" does not include                                                       
		(A)  lottery tickets, policy slips, or                                     
other items used in the playing phases of lottery or                           
policy schemes; [OR]                                                           
		(B)  an amusement device as                                                
described in (2)(B) of this section; or                                      
		(C)  a gaming device authorized                                            
under AS19.65.030;                                                           

1993-04-19                     Senate Journal                      Page 1526
SB 76                                                                         
   * Sec. 32.  AS11.66.280(4) is amended to read:                             
		(4)  "gambling enterprise" means a gambling                                 
business that                                                                  
		(A)  includes five or more persons                                         
who conduct, finance, manage, supervise, direct, or                            
own all or part of the business;                                               
		(B)  has been or remains in                                                
substantially continuous operation for a period in                             
excess of 30 days or has a gross income of $2,000                              
or more in any single day; and                                                 
		(C)  is not                                                                
		(i)  a vessel of the Alaska                                             
marine highway system lawfully                                                 
conducting an activity licensed under                                          
AS19.65.030; or                                                             
	(ii) a municipality or a                                                
qualified organization under AS05.15.210,                                      
except that, for purposes of this                                              
subparagraph [PARAGRAPH], no                                               
application for a license under AS05.15 is                                     
required to be considered a qualified                                          
organization;                                                                  
   * Sec. 33.  AS19.65 is amended by adding new sections to                  
article 1 to read:                                                             
Sec. 19.65.030.  GAMING DEVICES                                               
AUTHORIZED.  (a)  The Department of Revenue may                                
license a vessel of the Alaska marine highway system to                        
operate gaming devices in a portion of the vessel that                         
persons under 21 years of age are prohibited from entering.                    
(b)  A license issued under (a) of this section is not                        
valid when the vessel is in a jurisdiction outside of the state                
unless that jurisdiction also allows the licensed activity.                    
	(c)  The Department of Transportation and Public                             
Facilities shall operate gaming devices aboard a vessel of the                 
Alaska marine highway system licensed under (a) of this                        
section or may contract for their operation under AS36.30.                     
                                                                               

1993-04-19                     Senate Journal                      Page 1527
SB 76                                                                        
(d)  The commissioner of revenue may adopt                                    
regulations under AS44.62 (Administrative Procedure Act)                       
to implement this section.                                                     
Sec. 19.65.035.  PROHIBITIONS ON GAMING                                       
DEVICE OPERATION; PENALTIES.  (a)  An employee of                              
the Alaska marine highway system or of a contractor under                      
AS19.65.030(c) may not with criminal negligence allow a                        
person under 21 years of age to use a gaming device                            
authorized under AS19.65.030.  A person under 21 years                         
of age may not use a gaming device authorized under                            
AS19.65.030.  In this subsection, "criminal negligence" has                    
the meaning given in AS11.81.900.                                              
(b)  A person may not manipulate or attempt to                                
manipulate the outcome or payoff of a gaming device                            
authorized under AS19.65.030 by physically tampering or                        
otherwise interfering with the proper functioning of the                       
device.                                                                        
(c)  Violation of this section is a class A                                   
misdemeanor.                                                                   
Sec. 19.65.040.  DEFINITION FOR AS19.65.030-                                  
19.65.040.  In AS19.65.030- 19.65.040, "gaming device"                         
means a coin operated mechanical, electromechanical, or                        
electronic contrivance, component, or machine that by strict                   
dependence on the element of chance may deliver or entitle                     
the person playing or operating the device to receive free                     
games, merchandise, credit, premiums, or tokens that may be                    
exchanged for cash; "gaming device" does not include a                         
machine that directly dispenses coins or cash."                                
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 16                     
Senator Pearce objected.                                                       
                                                                               
The question being: "Shall Amendment No. 16 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               

1993-04-19                     Senate Journal                      Page 1528
SB 76                                                                        
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 16                                                               
                                                                               
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Lincoln, Salo, Zharoff                                           
                                                                               
Nays:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor                 
                                                                               
and so, Amendment No. 16 failed.                                               
                                                                               
Senator Little offered Amendment No. 17 :                                       
                                                                               
	Page 2, line 18 and                                                           
	Page 13, line 18:		Delete "50"                                                
					Insert "75"                                                               
                                                                               
Senator Little moved for the adoption of Amendment No. 17.                     
Senator Kelly objected.                                                        
                                                                               
The question being: "Shall Amendment No. 17 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 76(FIN)                                                                   
Second Reading                                                                 
Amendment No. 17                                                               
                                                                               
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. 17 failed.