Legislature(2021 - 2022)
2022-03-18 House Journal
Full Journal pdf2022-03-18 House Journal Page 2158 HB 128 The following was read the second time: HOUSE BILL NO. 128 "An Act relating to charitable gaming online ticket sales and activities." with the: Journal Page FIN RPT CS(FIN) NEW TITLE 4DP 3NR 4AM 486 FN1: INDETERMINATE(REV) 486 The Rules Committee submitted the following fiscal note: 2. Indeterminate, Dept. of Revenue Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 128(FIN) "An Act relating to charitable gaming online ticket sales and activities; and providing for an effective date." Representative Tilton objected and withdrew the objection. There being no further objection CSHB 128(FIN) was adopted. The Speaker stated that all amendments to CSHB 128(FIN) must be submitted by 11:00 a.m. Amendment No. 1 was offered by Representative Fields: Page 1, line 1, following "activities;" (title amendment): Insert "relating to charitable gaming proceeds;" Page 2, following line 31: Insert new bill sections to read: 2022-03-18 House Journal Page 2159 "* Sec. 2. AS 05.15.150 is amended to read: Sec. 05.15.150. Limitation on use of proceeds. (a) Except as provided in (c) of this section, the [THE] authority to conduct the activity authorized by this chapter is contingent upon the dedication of the net proceeds of the charitable gaming activity to the awarding of prizes to contestants or participants and to political, educational, civic, public, charitable, patriotic, or religious uses in the state. In this subsection, "political, educational, civic, public, charitable, patriotic, or religious uses" means uses benefiting persons either by bringing them under the influence of education or religion or relieving them from disease, suffering, or constraint, or by assisting them in establishing themselves in life, or by providing for the promotion of the welfare and well-being of the membership of the organization within their own community, or through aiding candidates for public office or groups that support candidates for public office, or by erecting or maintaining public buildings or works, or lessening the burden on government, but does not include (1) the direct or indirect payment of any portion of the net proceeds of a bingo or pull-tab game to a lobbyist registered under AS 24.45; (2) the erection, acquisition, improvement, maintenance, or repair of real, personal, or mixed property unless it is used exclusively for one or more of the permitted uses; or (3) the direct or indirect payment of any portion of the net proceeds of a charitable gaming activity, except the proceeds of a raffle and lottery, (A) to aid candidates for public office or groups that support or oppose candidates for public office; (B) to a political party or to an organization affiliated with a political party; or (C) to a group, as that term is defined in AS 15.13.400, or a political group, as that term is defined in AS 15.80, that seeks to influence the outcome of an election. (b) The net proceeds derived from the activity must be devoted within one year to one or more of the uses stated in (a) or (c) of this section. A municipality or qualified organization desiring to hold the net proceeds for a period longer than one year must apply to the department for special permission and upon good cause shown the department may grant the request. 2022-03-18 House Journal Page 2160 * Sec. 3. AS 05.15.150(a), as amended by sec. 2 of this Act, is amended to read: (a) The [EXCEPT AS PROVIDED IN (c) OF THIS SECTION, THE] authority to conduct the activity authorized by this chapter is contingent upon the dedication of the net proceeds of the charitable gaming activity to the awarding of prizes to contestants or participants and to political, educational, civic, public, charitable, patriotic, or religious uses in the state. In this subsection, "political, educational, civic, public, charitable, patriotic, or religious uses" means uses benefiting persons either by bringing them under the influence of education or religion or relieving them from disease, suffering, or constraint, or by assisting them in establishing themselves in life, or by providing for the promotion of the welfare and well-being of the membership of the organization within their own community, or through aiding candidates for public office or groups that support candidates for public office, or by erecting or maintaining public buildings or works, or lessening the burden on government, but does not include (1) the direct or indirect payment of any portion of the net proceeds of a bingo or pull-tab game to a lobbyist registered under AS 24.45; (2) the erection, acquisition, improvement, maintenance, or repair of real, personal, or mixed property unless it is used exclusively for one or more of the permitted uses; or (3) the direct or indirect payment of any portion of the net proceeds of a charitable gaming activity, except the proceeds of a raffle and lottery, (A) to aid candidates for public office or groups that support or oppose candidates for public office; (B) to a political party or to an organization affiliated with a political party; or (C) to a group, as that term is defined in AS 15.13.400, or a political group, as that term is defined in AS 15.80, that seeks to influence the outcome of an election. * Sec. 4. AS 05.15.150(b), as amended by sec. 2 of this Act, is amended to read: (b) The net proceeds derived from the activity must be devoted within one year to one or more of the uses stated in (a) [OR (c)] of this section. A municipality or qualified organization 2022-03-18 House Journal Page 2161 desiring to hold the net proceeds for a period longer than one year must apply to the department for special permission and upon good cause shown the department may grant the request. * Sec. 5. AS 05.15.150 is amended by adding a new subsection to read: (c) A permittee, operator, or holder of a multiple-beneficiary permit conducting a charitable gaming activity authorized by this chapter may use proceeds from the charitable gaming activity for use outside the state if the proceeds are used to benefit the people of a country that has been invaded by another country." Renumber the following bill sections accordingly. Page 3, following line 13: Insert new bill sections to read: "* Sec. 7. AS 05.15.150(c) is repealed July 1, 2024. * Sec. 8. Sections 3 and 4 of this Act take effect July 1, 2024." Renumber the following bill section accordingly. Page 3, line 14: Delete "This" Insert "Except as provided in sec. 8 of this Act, this" Representative Fields moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rauscher objected. Representative Fields moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Wool and Fields: Page 3, following line 13: Insert a new subsection to read: "(g) A permittee, operator, or holder of a multiple-beneficiary permit conducting a raffle or lottery under (d) of this section shall advertise the maximum number of available raffle or lottery 2022-03-18 House Journal Page 2162 tickets at the beginning of the raffle. The maximum number of available raffle or lottery tickets may not be increased after advertisement." Representative Wool moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Eastman objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 128(FIN) Second Reading Amendment No. 2 YEAS: 33 NAYS: 3 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Gillham, McCabe, Rauscher Excused: Carpenter, LeBon, Rasmussen, Shaw And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representatives Fields and Wool: Page 3, line 5, following "permittee": Insert ", an operator, or the holder of a multiple-beneficiary permit conducting a raffle or lottery, dog mushers' contest, derby, or type of classic defined in AS 05.15.690" Page 3, line 6, following "online": Insert "or by other electronic or digital means" Representative Fields moved and asked unanimous consent that Amendment No. 3 be adopted. 2022-03-18 House Journal Page 2163 There was objection. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 128(FIN) am Second Reading Amendment No. 3 YEAS: 32 NAYS: 4 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Hannan, Hopkins, Josephson, Kaufman, Kreiss-Tomkins, Kurka, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Gillham, Johnson, McCabe, Rauscher Excused: Carpenter, LeBon, Rasmussen, Shaw And so, Amendment No. 3 was adopted. Representative Tuck moved and asked unanimous consent that CSHB 128(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 128(FIN) am will advance to third reading on the March 21 calendar.