Legislature(2015 - 2016)BELTZ 105 (TSBldg)

02/01/2016 01:30 PM Senate JUDICIARY


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Audio Topic
01:35:00 PM Start
01:37:27 PM Partners for Progress Reentry Center Overview: No-cost and Cost-bending Ways to Improve Community Reentry and Reduce Recidivism
02:21:57 PM SB157
03:03:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Progress Reentry Center
Overview: No-Cost and Cost-Bending Ways to
Improve Community Reentry and Reduce Recidivism
*+ SB 157 AMUSEMENT DEVICES & GAMBLING DEFINITION TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= SB 41 PSYCHOLOGIST & ASSOC CRIM HISTORY CHECKS TELECONFERENCED
Scheduled but Not Heard
-- Testimony <Invited & Public> --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        February 1, 2016                                                                                        
                           1:35 p.m.                                                                                            
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator John Coghill, Vice Chair                                                                                                
Senator Mia Costello                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PARTNERS FOR PROGRESS REENTRY CENTER OVERVIEW:                                                                                  
No-Cost and Cost-Bending Ways to Improve Community Reentry and                                                                  
Reduce Recidivism.                                                                                                              
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
SENATE BILL NO. 157                                                                                                             
"An Act defining arcade-style amusement devices."                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 41                                                                                                              
"An Act relating to criminal history record checks for                                                                          
psychologists and psychological associates; and providing for an                                                                
effective date."                                                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 157                                                                                                                  
SHORT TITLE: AMUSEMENT DEVICES & GAMBLING DEFINITION                                                                            
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
01/25/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        

01/25/16 (S) JUD 02/01/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) WITNESS REGISTER CATHLEEN MCLAUGHLIN, Director Partners for Progress Reentry Center (PRC) Anchorage, Alaska POSITION STATEMENT: Delivered an overview of the No-Cost and Cost-Bending Ways to Improve Community Reentry and Reduce Recidivism FORREST WOLFE, Staff Senator Lesil McGuire Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Introduced SB 157 on behalf of the sponsor. HUGH ASHLOCK, owner Dimond Center Mall (DCM) Anchorage, Alaska POSITION STATEMENT: Testified in support of SB 157. HOWARD TRICKEY, Attorney Dave and Buster's Anchorage, Alaska POSITION STATEMENT: Provided supporting testimony on SB 157. JAY TOBIN, General Counsel Dave and Buster Dallas, Texas POSITION STATEMENT: Provided supporting testimony on SB 157. ACTION NARRATIVE 1:35:00 PM CHAIR LESIL MCGUIRE called the Senate Judiciary Standing Committee meeting to order at 1:35 p.m. Present at the call to order were Senators Costello, Wielechowski, Coghill, and Chair McGuire. She reviewed the agenda including that SB 41 would not be heard. ^Partners for Progress Reentry Center Overview: No-Cost and Cost-Bending Ways to Improve Community Reentry and Reduce Recidivism PARTNERS FOR PROGRESS REENTRY CENTER OVERVIEW: NO-COST AND COST- BENDING WAYS TO IMPROVE COMMUNITY REENTRY AND REDUCE RECIDIVISM 1:37:27 PM CHAIR MCGUIRE announced the first order of business would be a presentation from Cathleen McLaughlin from the Partners for Progress Reentry Center about how to reduce costs and help the state address recidivism. She recognized the presence of Janet McCabe and thanked her for her visionary work in this area. 1:38:01 PM CATHLEEN MCLAUGHLIN, Director, Partners for Progress Reentry Center (PRC), Anchorage, Alaska, said she's delighted to come before the committee and excited that recidivism and reentry has become such a large talking point. She said she would discuss the program briefly and then talk about the reasons for the nine cost-bending or cost reduction ideas. Describing herself as an optimist, she opined that some of the points need little planning, just a lot of doing. She reported that PRC has served 2,741 people since it opened in August 2013. CHAIR MCGUIRE clarified that the Partners Reentry Center is a specialized extension of Partners for Progress that was established in 2000 or 2001. MS. MCLAUGHLIN described PRC as a walk-in and referral center that serves people coming straight out of incarceration on a felony or misdemeanants with an ASAP (Alcohol Safety Action Program). The reentrant receives housing the day of release under the condition that they will work with the center to find employment within 30 days if they are mentally and physically able. Their housing will then be extended for another 30 days on a part-pay basis in 1 of the 13 housing sites throughout Anchorage. She emphasized that this is a voluntary program that is based on dignity and respect. During this time the center tries to find ways to use the risk needs assessments from the Department of Corrections (DOC) to determine how to use the funds appropriated by the legislature. On average, PRC serves 63-91 people each day, and has about 376 people in the program at any given time. Moneyed services are available to those people who want to move forward. "Our key is it has to be a partnership." She said that finding out what works has been a grassroots effort and Janet McCabe has been instrumental in fostering the ability to come up with new ideas. She added, "Based on the State's budget right now, I think a lot of new ideas are necessary." MS. MCLAUGHLIN said the people that have a purpose (whether it's a job or reuniting with family) are more likely to succeed and not recidivate. She described the help the center provides as a three-legged stool that is housing, employment, and figuring out why people are in the position they're in. She said she is very proud of these key outcomes for program participants - all of whom have criminal records: 62 reentrants were hired in January, over 629 employers are willing to hire program participants and 116 landlords that are willing to rent to program participants. For people who continue to cooperate and visit the center, PRC will pay the first month's rent provided the person pays the deposit. 1:44:23 PM MS. MCLAUGHLIN shared a story about a 24-year-old heroin addict who got a job his second week of working with PRC. That night he celebrated with heroin and died. In response to that tragedy, PRC started a pilot program in partnership with her health clinic and Alkermes, the manufacturer of Vivitrol. This voluntary program began in September and is offered to people who come out of prison with opiate, heroin, or chronic alcohol issues. This option has been offered to 32 people and 19 have accepted. They received an injection of Vivitrol that is effective for 28 days. Thirteen declined the option and 11 of those people are reincarcerated. "They were reincarcerated less than 30 days from the time that they released." One of the 19 in the program refused the second Vivitrol injection "because he wanted to have beer at the Super Bowl." He is now reincarcerated. She said the Vivitrol Pilot Program is one of the nine points and she brought it up as an example of a simple way to figure out whether medically assisted treatment is a possibility in reentry. The results thus far are hopeful. 1:45:52 PM SENATOR MCGUIRE said it has been a slow process, but the data shows this is a humane way for an addict to readjust their life. She expressed hope that the program could be expanded. SENATOR COGHILL asked the cost of the pilot program. MS. MCLAUGHLIN replied it costs PRC nothing because Alkermes has agreed to provide an unlimited supply of Vivitrol during the pilot program. She explained that when someone says, on a pre- release basis, that they want to participate in the pilot, PRC takes them to the health clinic for an injection of Vivitrol the day they're released and helps them apply for Medicaid. Timing is critical because the longer a person is out of prison the less likely they are to want to stay clean. 1:48:42 PM MS. MCLAUGHLIN reviewed the nine points that PRC came up with to eliminate the costs associated with reentry. These were sent to the governor, the legislature, and the Department of Corrections (DOC). She said the goal is to improve reentry and community reentry is happening. "We see 1,000 releases a month statewide and we have between 100 and 110 come in to apply for services at Partners Reentry Center every single month." 1. Allow applications for Medicaid, Social Security, Americans with Disabilities Act (ADA), State ID, etc. to be completed and submitted prior to release. With few exceptions, a person is not able to apply for Social Security while they're incarcerated. PRC houses reentrants in anticipation of their getting Social Security, but the process may take from 45 days to six months. PRC doesn't have the funding or the housing capacity for that and has to send people to the Brother Francis mission. The simple solution is to allow PRC to do Medicaid and Social Security applications when they go to the prisons to do prerelease. She said PRC has been working with DOC on this, because it would save a tremendous amount of money. CHAIR MCGUIRE asked what kind of policy changes would be needed to make this happen. MS. MCLAUGHLIN said she's spoken with Senator Coghill's staff and believes this could be managed through DOC regulations. However, legislative involvement in assisting DOC to find a justification for doing this would be helpful. SENATOR COGHILL said there are a couple of wrinkles. One is regulation and the others are qualifications and how to wrap up the layered approach to Medicaid. "Medicaid in the statute doesn't always match Medicaid whether it's Denali Kid Care or the expansion population." Also, someone who was convicted of killing someone can qualify for food stamps, but someone convicted of a dope crime can't qualify. MS. MCLAUGHLIN continued the presentation to discuss point 2. 2. Make DOC accountable for safe-keeping of the valuable documents that some individuals have when they enter prison. Do not discard them. Return them to reentrants upon release. About 70 percent of program applicants do not have IDs when they leave incarceration, even though they went in with an ID and Social Security card. A person can receive a temporary ID on day one of release and the permanent ID will come in 10-12 days. The problem is the person cannot get into the Social Security office with a temporary ID. PRC mandates people to get a job within 30 days and more than half of that is spent waiting for the permanent ID in order to fill out the I-9 employment eligibility form. Federal reentrants don't have this problem because their IDs are saved and returned on release or arrangements are made to order an ID if the prisoner didn't enter with any. It's even more difficult if a nonresident is incarcerated in Alaska. "We had somebody from Georgia who had never been in the system. [He] had to get a birth certificate from Georgia in order to get an ID in Alaska." She emphasized the importance of pre-release planning and noted that several years ago there was a way for people to get their IDs and start signing up for Social Security prior to release. She suggested reviving that process. 3. Reinstitute sex offender treatment within correctional institutions. She said the challenge is that 40 percent of the releases from Goose Creek that enter the PRC program are sex offenders who had no sex offender treatment while they were incarcerated. This is a particular problem for people that don't live in Anchorage, but must stick around for sex offender treatment. The wait can be 6-9 months to start and 2-3 years to complete. She noted that there used to be some sex offender treatment programs within the walls that were discontinued, perhaps due to cost or effectiveness or both. 2:01:20 PM CHAIR MCGUIRE expressed interest in spending more time discussing what works for sex offender treatment. SENATOR COGHILL commented that most prisoners aren't getting treatment, and while one might question the value of the program, it provides some accountability. CHAIR MCGUIRE disagreed that any program is better than none. 2:04:36 PM MS. MCLAUGHLIN said she doesn't know of one sex offender in the PRC program who has violated because of a sex offense. "They have violated because of the use of alcohol, not reporting, or not moving forward in their treatment." The Native Reentry Program for sex offenders is addressing the latter and it shows a lot of promise. She discussed sex offender treatment that may not be culturally relevant and shared an example of a 70-year- old offender who is deaf and has early-onset dementia. He's not going to pass sex offend treatment and he's stuck in Anchorage trying to pass in order to go home. "The challenge is that we need to honestly look at what the sex offender treatments are intended to do." Half of the 950 Alaska Natives in the PRC program are sex offenders. They are not urban skilled and would like to go home. This is what the Native Reentry Program is trying to address and to teach us what we're missing, she said. She said there absolutely has to be a public safety component, but the term sex offender is broad. The number of sex offenders that are dangerous and need containment is comparatively small. SENATOR MCGUIRE said this is a good conversation for another day but it's important because the legislature spends so much time on this issue. She requested advice on what other treatment options are available. MS. MCLAUGHLIN said the two things PRC has suggested is to develop a process for doing distance treatment and putting sex offender treatment back in institutions with a tele-med component. She moved on to point 4. 4. Allow rural Alaskans to return to their home or regional communities. Let Alaska Natives go home if they are invited back to their villages. In the Native Reentry Program there is a lot talk about public safety and restorative justice. Part of that model is that individuals ask their villages for permission to return home, which can help a community heal. "To give them a purpose and a place in the reentry and restorative justice model is something that deserves a lot of attention." 2:11:21 PM MS. MCLAUGHLIN read the Native Reentry mission statement. We meet to preserve our culture and traditions, to strengthen our people's spirit. We succeed by helping one another, advocating for each other and maintaining positivity and respect. Together we are finding our way home. 5. Reduce re-incarceration by approving behavioral contracts in lieu of returning to incarceration. In lieu of returning people to prison for technical violations, place them on a behavioral contract. She provided an example. A man in the program had five violations of his probation and parole for drinking. His probation officer said he had to return to prison to serve the remaining three years. With permission from the probation officer, PRC made a deal with the man to enter into a behavioral contract with Partners Reentry Center. Under an individual plan, he had to attend peer-to-peer once a week, attend moral reconation therapy, get on Vivitrol, and stay employed. He's been on the program for six months and his probation officer is supportive. That behavioral contract cost nothing as opposed $59,000 per year for a bed. A lot of probation officers are willing to do this and Partners is proud to be part of this and make people accountable. 6. Develop requirements for probation and parole that are coordinated and reasonable. People are intentionally violating their terms of probation because they can't meet the probation and parole requirements. She provided an example of a 25-year-old Alaska Native who intentionally returned to Goose Creek to illustrate the negative effects of over programing in probation and parole. MS. MCLAUGHLIN briefly reviewed the challenges and proposed solutions for the final three points. 7. Transportation from institutions to housing. Challenge - PRC coordinates with Hiland Mountain Correctional Center probation officers to arrange transitional housing for women who would otherwise be homeless upon release. However, about half of these reentrants do not make it to their "first night out" transitional housing. PRC goes into Hiland twice a month, and has asked women why this is such a challenge. The answer has been, in part, because of transportation. Currently, women release into the Hiland parking lot to individuals they knew prior to incarceration. In some cases this triggers an immediate relapse. The other option is for women to take a taxi to the Anchorage Jail parking lot and be dropped off there, regardless of time of release. Solution - Change DOC policy to allow the taxis to deliver reentrants from Hiland Mountain directly to the PRC, or to the pre-approved housing sites arranged by PRC and probation officers. PRC is only eight blocks from the Anchorage Jail so this solution has a limited cost to DOC. PRC can provide transportation from the PRC to transitional housing is an issue 8. Medically Assisted Treatment with Vivitrol should begin prior to release. Challenge - People releasing from prison are often so seriously addicted to heroin, opioid pills and alcohol, that they have little chance of escaping their addiction. Serious addicts who release without effective treatment and a commitment to sobriety can be expected to relapse. Most recidivism occurs within the first two weeks of release. This pattern has a high cost to the public in terms of public safety as well as money. Recently, Medically Assisted Treatment (MAT) incorporating Vivitrol is offering hope as a way of combating the heroin epidemic that is sweeping the nation and the state. Vivitrol is a non-addictive injectable medicine that blocks the effects of opioids and cuts cravings for alcohol. To test this program, PRC partnered with a local clinic in September to start a pilot program offering Vivitrol to seriously addicted reentrants at no cost to the state. Of the 30 individuals offered Vivitrol since the beginning of this program, the 18 who have voluntarily participated and received the injection are employed, housed and successfully moving forward. Of the 12 who declined Vivitrol upon release, 11 have relapsed and have returned to incarceration. The U.S. District Court and the Alaska Therapeutic Courts have also seen big improvements among addicts treated with Vivitrol. Solution - With DOC's approval, this pilot program could be offered to people with a record of serious addiction up to 30 days prior to release from incarceration. PRC's partner, My Health Clinic, could administer Vivitrol shots pre-release to ensure that individuals have a good likelihood of staying sober after reentry. MAT could be continued at PRC at no cost to the State of Alaska. PRC's program combines the clinical administration of Vivitrol with cognitive-behavioral treatment groups at PRC. 9. Halfway house limitations. Challenge - Operated under contract with DOC, halfway house rules and regulations unnecessarily limit the ability of reentrants to gain employment and reintegrate into the community. As one example, medications and medical treatment are not allowed while in a halfway house. The list of outdated rules, regulations and policies are too extensive to list here, but should be the subject of a separate, more detailed discussion. Solution - There are multiple, identifiable ways to improve DOC/halfway house policies. PRC has been working with one of Anchorage halfway houses quite successfully to incorporate reentrant-focused solutions in their DOC rules and regulations. Reviewing and updating policies in this area is a no cost event and will lead to more successful reentry services for halfway house residents. CHAIR MCGUIRE thanked Ms. McLaughlin and relayed that she would like her to come back before the committee in a conversation model with the new commissioner of the Department of Corrections (DOC), Dean Williams. "I'd love to hear him on the record sort of dialog with you in front of us about what he's willing to take on through regulation." That leaves less for the legislature to do in the omnibus smart justice package. She introduced her committee aide, Dianne Blumer, and complimented her on her work as the former commissioner of labor. 2:19:18 PM SENATOR COSTELLO thanked Ms. McLaughlin for her work and commented that she found it particularly interesting to hear about the flexibility a parole officer has. She expressed support for the state helping to facilitate a common sense, intuitive approach as opposed to making it harder for people to reenter the community successfully. She agreed with Chair McGuire that it would be valuable to continue the dialog and have the conversation with the commissioner. 2:20:30 PM SENATOR COGHILL thanked Ms. McLaughlin for her work and expressed support for Partners for Progress. MS. MCLAUGHLIN invited the members to drop by the Center. CHAIR MCGUIRE said she would set up a time for the judiciary committees from both bodies to visit the Center. SB 157-AMUSEMENT DEVICES & GAMBLING DEFINITION 2:21:57 PM CHAIR MCGUIRE announced the consideration of SB 157. FORREST WOLFE, Staff, Senator Lesil McGuire, sponsor of SB 157, introduced the legislation on behalf of the sponsor speaking to the following sponsor statement: SB 157 is a housekeeping measure that aims to clarify that restaurants featuring arcade-style amusement games may lawfully operate in Alaska. Elsewhere in the United States, popular restaurant businesses feature arcade areas where patrons play games of skill to win tickets which can then be redeemed for toys and other novelties. Unfortunately, Alaska's outdated laws are so vague that the legality of these operations is far from clear. SB 157 would clarify that playing these arcade-style amusement games of skill, winning tickets and redeeming them for small, non-cash prizes does not constitute gambling under Alaska law. By clarifying this issue, the risk for companies seeking to do business in Alaska will be eliminated. These family-friendly businesses can be significant additions to Alaska's economy. For example, Dave & Busters is seeking to open a location at the Dimond Center mall in Anchorage. It is anticipated that Dave & Buster's will spend approximately $10 million to build said location, and once operational will employ approximately 140-160 workers. Moreover, this addition to the Dimond Center is the keystone to a much larger renovation project for the mall that is anticipated to employ approximately 200 construction workers. In this time of economic uncertainty, this is an effective way to add well-paying jobs to Alaska's economy. Passage of this bill will give businesses like Dave & Buster's the sure-footed legal ground to move ahead with their plans. Finally, it should be made absolutely clear that this narrow bill does not in any way legalize traditional gambling, nor does it legalize casino-style video gambling such as video poker, slots, or roulette. Once again, this bill only clarifies that arcade-style operations that award tickets to be redeemed for toys and other novelties are lawful. 2:24:42 PM HUGH ASHLOCK, owner, Dimond Center Mall (DCM), Anchorage, Alaska, said this is an Alaskan and family-owned shopping center that receives over 12 million visits annually. He explained that DCM is in the middle of a $50 million expansion and renovation project. He reviewed the progress thus far and relayed that Dave and Buster's would be a 44,000 square foot addition on top of the shopping center. "Dave and Buster's will spend $10 million, we would spend an additional $13 million." Aside from the estimated 200 construction jobs, there will be about 100 offsite ancillary construction jobs. He described Dave and Buster's as a serious anchor for the Dimond Center Mall. CHAIR MCGUIRE expressed support for the project, a preference for using both a union and non-union workforce, and providing renewable or sustainable energy systems to the degree possible. MR. ASHLOCK said this will be a highly skilled project and to get that level of talent in Alaska a union shop is necessary. He reported that the project will use the newest energy saving HVAC systems and the parking lot has already been converted to high density, high lumen and lighting. CHAIR MCGUIRE enthused about new building projects that add jobs. SENATOR COGHILL commented that the investment is great and the bill clarifies the issue of gaming. 2:30:04 PM HOWARD TRICKEY, representing Dave and Busters, Anchorage, Alaska, said he would provide background and context to explain the Dave and Buster's business model, and the reason the change in law is needed. He explained that Dave and Buster's was formed in 1982 and is not a franchise. It is currently in 80 locations in more than 30 states and employs [12,000] nationally. The business model is to provide family fun and the establishments are for playing a variety of amusement games. The company has well-developed and effective policies prohibiting guests under age 18 without a parent or guardian. The employees are trained using a nationally recognized program that is known as "Certified to Serve Safe." This is a family-friendly environment designed to have fun while patrons watch sports games, play games, or enjoy fine dining. Dave and Buster's offers two types of games in the arcade. One is skill-based where strategy, timing, and dexterity is used to determine the outcome of the game. About 65 percent of the games are this type. The second type are simulation games. These include simulations of flying an aircraft or driving in the Indianapolis 500. The criteria for selecting games for the arcade is those that assess and evaluate a player's skill. Players earn tickets that can be redeemed onsite where there are a variety of prizes that range in value. Tickets can be redeemed immediately or the customer can save tickets and redeem them in the future. MR. TRICKEY stated that this amendment was requested to define amusement devices whose outcome is determined predominantly by the skill and ability of the player. He said the definition is needed because of an outdated 2001 attorney general opinion that concluded that a video golf game that was programed to include significant elements of chance did constitute gambling. Under that opinion, Dave and Buster's would face some uncertainty if they went forward with the proposed investment at Dimond Center Mall. He explained that the bill adds a new Section 3 that defined amusement devices in both a positive and negative sense. The bill positively defines what constitutes "amusement device" and then describes the games that are excluded. The excluded types of games are video forms of casino style games that would constitute a gambling activity. The bill adds a new paragraph to define amusement device. It clarifies that playing an amusement device is not gambling and earning tickets that can be redeemed for a prize is not gambling either. In no other way does the bill change the definition of what is a game of chance and what constitutes value. 2:39:05 PM SENATOR WIELECHOWSKI asked, "As I'm reading this, Chuck E. Cheese is illegal?" MR. TRICKEY replied the franchisee is probably taking a calculated business risk based on the 2001 attorney general opinion. SENATOR WIELECHOWSKI referenced page 2, line 6, and asked if he had a definition for "electronic novelty." MR. TRICKEY replied the term isn't defined but the intention is to allow electronic prizes that customers can redeem with tickets. He noted that one of the prizes is an IPad. SENATOR WIELECHOWSKI wondered whether there should be a limit on the toy, candy, or electronic novelty or the value of merchandise in a claw machine or similar device. MR. TRICKEY offered his belief that it should be a matter of personal family choice for the Dave and Buster's customers. "I don't see why the legislature would want to place a value on it in a way that would make it more difficult for the business model to be successful." SENATOR WIELECHOWSKI referenced page 2, line 27, and asked if he had a definition for "casino games." He said he's trying to build a record in the event that someone wants to come in with other types of games. MR. TRICKEY explained that, "By listing what's excluded, we developed a clear category of games that would not be permitted," he said. 2:44:44 PM SENATOR WIELECHOWSKI noted that one of the documents in the packet discusses site criteria, one of which is 500,000 to 1 million residences within 10 miles. He asked if Dave and Buster's is making an exception for that, because Anchorage does not meet that criterion. MR. TRICKEY suggested the question may be better for Mr. Ashlock or Mr. Tobin, but his understanding is that the Dimond Center Mall was selected because it is a statewide center. CHAIR MCGUIRE related that when she first enquired about getting a Dave and Buster's in Anchorage she was told the threshold was 1 million. She offered her belief that Dave and Buster's has found that Alaska is a good opportunity, despite the original entry requirements. "As a broader economic development point of view for us here in the legislature, I think this is a good trend." She asked Mr. Ashlock to address the question. 2:47:51 PM MR. ASHLOCK reported that Anchorage is number 2 in eating out in the U.S. at $6,900 per capita. New York is number 1 at $7,100 per capita and San Francisco is number 3 at $6,100 per capita. Much like Honolulu, Anchorage serves as a regional magnet and hub for medicine, entertainment, shopping, and international travelers. It's a perfect model for Dave and Buster's to select. 2:49:18 PM JAY TOBIN, General Counsel, Dave and Buster, Dallas, Texas, clarified that Dave and Buster's has more than 12,000 employees nationally. It has been a publicly traded company since October 2014 and the stock is listed on the NASDAQ. He explained that Dave and Buster's tagline is the opportunity to eat, drink, play, and watch. As mentioned previously, this development will be over 40,000 square feet and will have a full service restaurant with a full service bar. In addition there will be a full service sports bar, an area dedicated to private events, and a midway center for playing a variety of games. He clarified that these games are not allowed to dispense cash or cash equivalents. Addressing the site criteria question, he related that over time Dave and Buster's has learned to experiment, opening stores in locations that traditionally wouldn't fit the population requirement. He described the different reasons for openings in Panama City, Florida, Orlando, Florida and Virginia Beach, Virginia. The reasons for opening a location in Anchorage are multifold but primarily it's that the market is unique. Anchorage has a fulltime population, the municipality and Dimond Center are a significant draw from throughout the state, and national and international tourism is pulled in. Furthermore, the attention to detail and significant quality offered by Mr. Ashlock was very important in making the decision. 2:56:06 PM CHAIR MCGUIRE commented that this bodes well for the future of Anchorage. She mentioned the amazing military population in the state and asked him to relay a request to consider both college and military discounts, charitable giving, and partnerships with rural communities to enhance opportunities. SENATOR COGHILL observed that the definitions that are in the negative may be problematic. SENATOR COSTELLO summarized that this legislation clarifies and rectifies a situation for a specific business. She cautioned the committee to think about this broadly statewide to ensure that there are no unintended consequences. She questioned, for example, how pull tabs might be affected. CHAIR MCGUIRE said her staff has worked diligently to be clear that this is not about legalizing gambling. She committed her staff and the drafter to work with the members to ensure that any concerns are addressed. She said she likes the notion of limiting the value of the prizes to protect vulnerable populations. CHAIR MCGUIRE announced she would hold SB 157 in committee for further consideration. 3:03:18 PM There being no further business to come before the committee, Chair McGuire adjourned the Senate Judiciary Standing Committee meeting at 3:03 p.m.

Document Name Date/Time Subjects
Partners for Progress- No Cost Improvements.pdf SJUD 2/1/2016 1:30:00 PM
Partners for Progress Presentation.pdf SJUD 2/1/2016 1:30:00 PM
Partners For Progress Statistics.pdf SJUD 2/1/2016 1:30:00 PM
Partners Reentry Center Statistics
SB 157 Dave Buster's Renderings.pdf SJUD 2/1/2016 1:30:00 PM
SB 157
SB 157 Dimond Mall Floor Plans.pdf SJUD 2/1/2016 1:30:00 PM
SB 157
SB 157 Dimond Mall Renderings.pdf SJUD 2/1/2016 1:30:00 PM
SB 157
SB 157 Sponsor Statement (002).pdf SJUD 2/1/2016 1:30:00 PM
SB 157