Legislature(2005 - 2006)

2005-05-04 House Journal

Full Journal pdf

2005-05-04                     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: