Legislature(2005 - 2006)
2005-05-04 House Journal
Full Journal pdf2005-05-04 House Journal Page 1544 HB 272 The following, which was held over from the May 3, 2005, calendar (page 1490), was again before the House: 2005-05-04 House Journal Page 1545 CS FOR HOUSE BILL NO. 272(FIN) "An Act relating to card rooms and card operations." Representative Kott moved and asked unanimous consent that CSHB 272(FIN) be returned to second reading for all amendments. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Crawford: Page 9, line 9, following "person": Insert "that is a charitable organization, a civic organization, or a service organization, as those terms are defined in AS 05.15.690," Page 9, lines 19 - 21: Delete "if the applicant is an individual, two sets of the individual's fingerprints; (3) if the applicant is not an individual," Page 10, line 6, following "information;": Insert "or" Page 10, lines 7 - 9: Delete "is an officer, a director, or a managerial employee of a person described in (1) or (2) of this subsection; or (4) employs an individual described in (1), (2), or (3)" Insert "employs an individual described in (1) or (2)" Representative Crawford moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Crawford moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Crawford: Page 9, line 15: Delete "$25,000" Insert "$250" 2005-05-04 House Journal Page 1546 Page 11, line 1: Delete "$10,000" Insert "$100" Page 11, line 3: Delete "$10,000" Insert "$100" Representative Crawford moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 272(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 30 EXCUSED: 0 ABSENT: 2 Yeas: Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Guttenberg, Kerttula Nays: Anderson, Chenault, Elkins, Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Berkowitz, Rokeberg And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Salmon, Gruenberg, and Weyhrauch: Page 1, line 1, following "operations" (title amendment): Insert ", and permitting issuance of a license to own a card room and conduct card games in a municipality of the state if the 2005-05-04 House Journal Page 1547 municipality has adopted an ordinance, ratified by a majority of the municipal voters voting on the question, authorizing card rooms and card games in that municipality" Page 9, line 12, following "information": Insert "if the municipality has adopted an ordinance, ratified by a majority of the municipal voters voting on the question, authorizing card rooms and card games in that municipality" Page 13, lines 4 - 8: Delete all material. Representative Salmon moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kott objected. Amendment to Amendment No. 3 was offered by Representative Anderson: Under Page 1, line 1 (title amendment): Delete "adopted" Insert "rejected" Delete "authorizing" Insert "rejecting" Representative Anderson moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. Representative Gruenberg objected. The question being: "Shall Amendment to Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 272(FIN) Second Reading Amendment to Amendment No. 3 YEAS: 9 NAYS: 31 EXCUSED: 0 ABSENT: 0 2005-05-04 House Journal Page 1548 Yeas: Anderson, Chenault, Hawker, Joule, Kohring, Kott, LeDoux, Moses, Salmon Nays: Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Kapsner, Kelly, Kerttula, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment to Amendment No. 3 was not adopted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 272(FIN) Second Reading Amendment No. 3 YEAS: 22 NAYS: 17 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Cissna, Coghill, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kelly, LeDoux, Lynn, McGuire, Neuman, Olson, Salmon, Seaton, Stoltze, Weyhrauch, Wilson Nays: Chenault, Crawford, Dahlstrom, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kerttula, Kohring, Kott, Meyer, Moses, Rokeberg, Samuels, Thomas Absent: Ramras Moses changed from "Yea" to "Nay". And so, Amendment No. 3 was adopted, and the new title follows: CS FOR HOUSE BILL NO. 272(FIN) am "An Act relating to card rooms and card operations, and permitting issuance of a license to own a card room and conduct card games in a municipality of the state if the municipality has adopted an ordinance, ratified by a majority of the municipal voters voting on the question, authorizing card rooms and card games in that municipality." 2005-05-04 House Journal Page 1549 Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Salmon: Page 9, lines 9 - 13: Delete all material and insert: "Sec. 05.18.200. Owner's licenses. (a) The department may issue to a person a license to own a card room and conduct card games. If the population of a municipality is less than 30,000, only one owner's license may be issued in the municipality. If the population of a municipality is 30,000 or more, the total number of owner's licenses issued in the municipality may not exceed the total population of the municipality divided by 30,000. The population of a municipality under this subsection shall be determined by the most recent federal census information." Representative Salmon moved and asked unanimous consent that Amendment No. 5 be adopted. There was objection. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 272(FIN) am Second Reading Amendment No. 5 YEAS: 14 NAYS: 18 EXCUSED: 0 ABSENT: 8 Yeas: Cissna, Croft, Elkins, Gara, Gardner, Harris, Hawker, Kapsner, Kott, LeDoux, Meyer, Salmon, Thomas, Weyhrauch Nays: Chenault, Coghill, Crawford, Dahlstrom, Foster, Gatto, Gruenberg, Guttenberg, Kelly, Kerttula, Lynn, Neuman, Olson, Ramras, Rokeberg, Seaton, Stoltze, Wilson Absent: Anderson, Berkowitz, Holm, Joule, Kohring, McGuire, Moses, Samuels And so, Amendment No. 5 was not adopted. 2005-05-04 House Journal Page 1550 Amendment No. 6 was not offered. Amendment No. 7 was offered by Representative Crawford: Page 10, following line 6: Insert a new paragraph to read: "(3) has previously had their license to operate a gambling facility or activity revoked in the state of Alaska or any other state or territory of the United States;" Renumber the following paragraphs accordingly. Page 10, line 8: Delete "or (2)" Insert ", (2), or (3)" Page 10, line 9: Delete "or (3)" Insert "(3), or (4)" Representative Crawford moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Gruenberg objected. Amendment to Amendment No. 7 was offered by Representative Gruenberg: Following "United States": Insert "or in any other jurisdiction" Representative Gruenberg moved and asked unanimous consent that Amendment to Amendment No. 7 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 7 as amended was adopted. Amendment No. 8 was offered by Representative Crawford: 2005-05-04 House Journal Page 1551 Page 16, line 6 through Page 17, line 13: Delete all material. Representative Crawford moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 272(FIN) am Second Reading Amendment No. 8 YEAS: 22 NAYS: 16 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Kerttula, LeDoux, Lynn, McGuire, Neuman, Olson, Ramras, Salmon, Seaton, Stoltze, Wilson Nays: Chenault, Elkins, Foster, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, Meyer, Rokeberg, Samuels, Thomas, Weyhrauch Absent: Anderson, Moses Ramras changed from "Nay" to "Yea". And so, Amendment No. 8 was adopted. Amendment No. 9 was offered by Representative Coghill: Page 1, line 12: Delete "Notwithstanding AS 11.66, a:" Insert "A" Page 17, line 11, following ";": Delete "or" Page 17, line 13, following "jurisdiction": Insert "; or (4) a felony in violation of AS 11.66" 2005-05-04 House Journal Page 1552 Representative Coghill moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Kott objected and withdrew the objection. There being no further objection, Amendment No. 9 was adopted. Amendment No. 10 was offered by Representative Coghill: Page 2, line 21, following "department." through line 23: Delete all material. Representative Coghill moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Kott objected and withdrew the objection. There being no further objection, Amendment No. 10 was adopted. Amendment No. 11 was not offered. Amendment No. 12 was offered by Representatives Coghill, Dahlstrom, Wilson, and Gruenberg: Page 8, line 28, through page 9, line 7: Delete all material and insert: "Sec. 05.18.190. Department records. All records pertaining to licenses, applications, and activities authorized under this chapter are public records and may be inspected and copied subject to AS 40.25.110 and 40.25.120." Representative Coghill moved and asked unanimous consent that Amendment No. 12 be adopted. There being no objection, it was so ordered. Amendment No. 13 was offered by Representatives Wilson, Coghill, Dahlstrom, and Gruenberg: Page 5, following line 20: Insert a new paragraph to read: "(4) a statement of whether the applicant has applied for or held any other licenses related to card rooms or card operations, 2005-05-04 House Journal Page 1553 and if so, the state or other licensing jurisdiction, the date of application, the license number if a license was issued, or in the case of an unsuccessful application, the reason the license was not issued;" Renumber the following paragraphs accordingly. Page 15, line 2, following "has": Insert "applied for or" Page 15, line 3, following "card rooms": Insert ", and, if so, the state or other licensing jurisdiction, the date of application, the license number if a license was issued, or in the case of an unsuccessful application, the reason the license was not issued" Representative Gruenberg moved and asked unanimous consent that Amendment No. 13 be adopted. There being no objection, it was so ordered. Amendment No. 14 was offered by Representatives Dahlstrom, Gruenberg, Lynn, and Wilson: Page 17, line 16: Delete "knowingly" Page 17, line 17, following "(1)": Insert "with criminal negligence" Page 17, line 19, following "(2)": Insert "with criminal negligence owns or" Page 17, line 21, following "(3)": Insert "with criminal negligence" Page 17, line 22, following "(4)": Insert "recklessly" 2005-05-04 House Journal Page 1554 Page 17, line 23, following "room;": Insert "or" Page 17, lines 24 - 25: Delete all material. Page 17, line 26: Delete "(6)" Insert "(5) knowingly" Page 19, line 11, following "this chapter": Insert "; (14) knowingly owns or operates a card operation in which wagering is conducted or is to be conducted in a manner other than the manner required under this chapter. (c) A person who violates (a) of this section is guilty of a class C felony if, within the five years preceding the violation, the person has been previously convicted under (1) this section; or (2) a law or ordinance of this or another jurisdiction with elements substantially similar to this section" Page 19, line 21, following "Definitions.": Insert "(a)" Page 20, lines 2 - 3: Delete all material. Renumber the following paragraphs accordingly. Page 20, following line 11: Insert a new subsection to read: "(b) In this chapter, the terms "intentionally," "knowingly," "recklessly," and "with criminal negligence" have the meanings given in AS 11.81.900(a)." Representative Gruenberg moved and asked unanimous consent that Amendment No. 14 be adopted. 2005-05-04 House Journal Page 1555 Objection was heard and withdrawn. There being no further objection, Amendment No. 14 was adopted. Amendment No. 15 was offered by Representatives Weyhrauch and Gruenberg: Page 19, following line 20: Insert new material to read: "Sec. 05.18.510. Gross receipts tax. (a) A tax is imposed on the gross receipts received from card room operations authorized under this chapter at the rate of 3 percent of the amount of the gross receipts. (b) The licensed owner shall remit the tax imposed by this section to the department before the close of the business day following the day the wagers are made. (c) The department may require payment under this section to be made by electronic funds transfer. (d) If the department requires taxes to be remitted under this section by electronic funds transfer, the department may allow the licensed owner to file a monthly report to reconcile the amounts remitted to the department." Page 19, line 31, through page 20, line 1: Delete all material and insert: "(6) "gross receipts" means the total of all cash and property, including checks received by a licensee, whether collected or not, received by a licensee from card operations;" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Cissna objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSHB 272(FIN) am Second Reading Amendment No. 15 YEAS: 10 NAYS: 29 EXCUSED: 0 ABSENT: 1 2005-05-04 House Journal Page 1556 Yeas: Coghill, Dahlstrom, Gatto, Gruenberg, Guttenberg, LeDoux, Lynn, Seaton, Weyhrauch, Wilson Nays: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Elkins, Foster, Gara, Gardner, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas Absent: Moses And so, Amendment No. 15 was not adopted. Representative Anderson placed a call of the House and lifted the call. Representative Coghill moved and asked unanimous consent that Representative Moses be excused from a call of the House for the remainder of this legislative day. There being no objection, it was so ordered. Amendment No. 16 was not offered. CSHB 272(FIN) am was automatically in third reading. The question being: "Shall CSHB 272(FIN) am pass the House?" The roll was taken with the following result: CSHB 272(FIN) am Third Reading Final Passage YEAS: 23 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Croft, Elkins, Foster, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas Nays: Cissna, Coghill, Crawford, Dahlstrom, Gara, Gardner, Gatto, Guttenberg, Kelly, Kerttula, Lynn, Neuman, Seaton, Stoltze, Weyhrauch, Wilson Excused: Moses And so, CSHB 272(FIN) am passed the House. 2005-05-04 House Journal Page 1557 Representative Dahlstrom gave notice of reconsideration of the vote on CSHB 272(FIN) am. The House reverted to: