Legislature(1993 - 1994)

1993-04-19 Senate Journal

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1993-04-19                     Senate Journal                      Page 1537
SB 76                                                                        
Sec. 05.15.320.  REMOVAL AND SUSPENSION                                       
OF MEMBERS.  (a)  The governor may remove a member                             
for cause, including incompetence, neglect of duty, or                         
misconduct in office.  A member being removed for cause                        
shall be given a copy of the charges and afforded an                           
opportunity to publicly present a defense in person or by                      
counsel upon not less than 10 days' notice.  If a member is                    
removed for cause, the governor shall file with the lieutenant                 
governor a complete statement of all charges made against                      
the member and the governor's findings based on the                            
charges, together with a complete record of the proceedings.                   
(b)  The governor may immediately suspend a                                   
member for a violation of law or for misconduct in office                      
pending removal from office under (a) of this section.                         
Sec. 05.15.330.  COMPENSATION AND PER                                         
DIEM.  Members of the commission do not receive a salary                       
for their service on the commission but are entitled to per                    
diem and travel expenses authorized for state boards and                       
commissions under AS39.20.180.                                                 
Sec. 05.15.340.  DUTIES AND POWERS OF THE                                     
COMMISSION.  (a)  The commission shall                                         
(1)  license, regulate, and supervise games                                   
of chance and contests of skill under this chapter;                            
(2)  hire an executive director and other                                     
staff as needed to enforce and administer this chapter;                        
		(3)  meet at least once every three months;                                 
and                                                                            
(4)  adopt regulations necessary to carry out                                 
the provisions of this chapter.                                                
(b)  The commission may appoint a hearing officer                             
to conduct a hearing required by this chapter or by a                          
regulation adopted under it.                                                   
Sec. 05.15.350.  EMPLOYEES OF THE                                             
COMMISSION.  The executive director of the commission                          
is in the partially exempt service under AS39.25.120.                          
Other employees of the commission are in the classified                        
service under AS39.25.100.                                                     

1993-04-19                     Senate Journal                      Page 1538
SB 76                                                                        
Sec. 05.15.360.  REGULATIONS OF THE                                           
COMMISSION.  The attorney general shall enforce the                            
regulations of the commission.                                                 
Sec. 05.15.370.  RECORDS OF THE                                               
COMMISSION.  (a)  Except as provided in (b) of this                            
section, all records of the commission are public records and                  
subject to public inspection.                                                  
	(b)  Records relating to audits and investigations by                        
the commission, both ongoing and completed, are                                
confidential, except for the audit report issued by the                        
commission and records submitted as evidence in an                             
administrative or judicial proceeding that results from an                     
investigation.                                                                 
Sec. 05.15.380.  PROCEEDS.  Fees and other                                    
money received by the commission shall be paid into the                        
general fund.                                                                  
Sec. 05.15.390.  ADMINISTRATIVE PROCEDURE                                     
ACT.  The operations of the commission are subject to AS                       
44.62 (Administrative Procedure Act).                                          
Sec. 05.15.400.  CONFLICT OF INTEREST ACT.                                    
The commission is subject to AS39.50 (conflict of interest).                   
   * Sec. 34.  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                                                    
(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]                                                                
                                                                               

1993-04-19                     Senate Journal                      Page 1539
SB 76                                                                        
(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 COMMERCE AND                                               
ECONOMIC DEVELOPMENT] under AS05.15;                                           
   * Sec. 35.  AS18.65.080 is amended by adding a new subsection             
to read:                                                                       
(b)  The Department of Public Safety shall                                    
investigate and ascertain whether a person appointed by the                    
governor to serve as a member of the Alaska Gaming                             
Commission has been convicted of a crime set out in                            
AS05.15.300(c).                                                                
   * Sec. 36.  AS39.25.120(c) is amended by adding a new                     
paragraph to read:                                                             
(23)  the executive director of the Alaska                                    
Gaming Commission.                                                             
   * Sec. 37.  AS39.50.200(b) is amended by adding a new                     
paragraph to read:                                                             
(55)  Alaska Gaming Commission                                                
(AS05.15.300).                                                                 
   * Sec. 38.  AS44.62.330(a) is amended by adding a new                     
paragraph to read:                                                             
(59)  Alaska Gaming Commission                                                
(AS05.15.300).                                                                 
   * Sec. 39.  AS 44.66.010(a) is amended by adding a new                    
paragraph to read:                                                             
		(20)  Alaska Gaming Commission (AS                                          
05.15.300) -- June 30, 1997."                                                  
                                                                               

1993-04-19                     Senate Journal                      Page 1540
SB 76                                                                        
Renumber the following bill sections accordingly.                              
                                                                               
Page 15, line 25:                                                              
	Delete "and 05.15.140(c)"                                                     
	Insert "05.15.140(c), 05.15.210(8), and AS 44.33.020(31)"                     
                                                                               
Page 15, following line 25:                                                    
	Insert new bill sections to read:                                             
   "* Sec. 41.  INITIAL COMMISSION APPOINTMENTS.  The                        
governor shall make the initial appointment of members of the                  
Alaska Gaming Commission within 120 days after the effective date              
of this Act.  Notwithstanding AS 39.05.055(3), the governor shall set          
the terms of initial members so that two members serve terms of                
four years, one member serves a term of three years, one member                
serves a term of two years, and one member serves a term of one                
year.                                                                          
   * Sec. 42.  TRANSITION.  (a)  Regulations relating to games of            
chance and contests of skill, adopted by the Department of Revenue             
or the Department of Commerce and Economic Development under                   
authority of AS05.15 before July1, 1993, and in effect on the                  
effective date of this Act remain in effect until regulations relating         
to that function that are adopted by the Alaska Gaming Commission              
under AS05.15 as amended by this Act, take effect.  The Alaska                 
Gaming Commission shall administer the Department of Revenue and               
the Department of Commerce and Economic Development regulations                
until its own take effect.                                                     
(b)  Until the Alaska Gaming Commission is appointed, the                      
Department of Revenue shall administer games of chance and                     
contests of skill under AS05.15 and under the regulations referred             
to in (a) of this section.                                                     
   * Sec. 43.  IMPLEMENTATION OF LEGISLATION.  To be                         
consistent with the changes made by this legislation, wherever in              
AS05.15 and in regulations adopted under those statutes                        
"Department of Commerce and Economic Development,"                             
"Department of Revenue," "department," or "commissioner" is used,              
they shall be read as referring to the Alaska Gaming Commission or             
commission when to do so would implement the purposes of this                  

1993-04-19                     Senate Journal                      Page 1541
SB 76                                                                        
Act.  Under AS01.05.031, the revisor of statutes shall implement               
this section in the statutes, and, under AS44.62.125(b)(6), the                
regulations attorney shall implement this section in the administrative        
regulations."                                                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 15, line 26:                                                              
	Delete "12 and 16"                                                            
	Insert "2, 11, 14, 18, 30, 33 - 39, and 41 - 43"                              
                                                                               
Page 15, following line 27:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 45.  Sections 2, 11, 30, 33 - 39, and 41 - 43 of this Act         
take effect July 1, 1993."                                                     
                                                                               
Renumber the following bill section.                                           
                                                                               
Page 15, line 28:                                                              
	Delete "12 and 16"                                                            
	Insert "14 and 18"                                                            
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 23.                    
Senator Zharoff moved and asked unanimous consent that                         
Amendment No. 23 be withdrawn.  Without objection, it was so                   
ordered.                                                                       
                                                                               
The question being: "Shall CS FOR SENATE BILL NO. 76(FIN) be                   
advanced to third reading?"  The roll was taken with the following             
result:                                                                        
                                                                               
                                                                               

1993-04-19                     Senate Journal                      Page 1542
SB 76                                                                        
                                                                               
CSSB 76(FIN)                                                                   
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, CS FOR SENATE BILL NO. 79(FIN) failed to advance to                    
third reading.