Legislature(1995 - 1996)

04/07/1995 01:39 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                         April 7, 1995                                         
                            1:39 p.m                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Lyda Green, Vice-Chairman                                             
 Senator Mike Miller                                                           
 Senator Al Adams                                                              
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Johnny Ellis                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 145                                                           
 "An Act requiring the reporting of winners of prizes of $50 or more           
 from a bingo or pull-tab game to the Department of Health and                 
 Social Services to ensure that recipients of services or assistance           
 are reporting those winnings and are eligible for services or                 
 assistance; relating to the awarding of those prizes; prohibiting             
 charitable gaming permittees, operators, and registered vendors               
 from cashing state public assistance checks; and relating to                  
 penalties for violations of the charitable gaming laws."                      
                                                                               
 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 102                                    
 "An Act relating to the use of the court records of minors that               
 have been ordered sealed."                                                    
                                                                               
 CS FOR HOUSE BILL NO. 188(JUD) am                                             
 "An Act creating the crime of indecent viewing or photography."               
                                                                               
 CS FOR HOUSE BILL NO. 4(STA)(title am)                                        
 "An Act allowing, for the purposes of permanent fund dividend                 
 eligibility, an individual to accompany, as the spouse or minor or            
 disabled dependent, another eligible resident who is absent for               
 vocational, professional, or other specific education for which a             
 comparable program is not reasonably available in the state, for              
 secondary or postsecondary education, for military service, for               
 medical treatment, for service in the Congress or in the Peace                
 Corps, or for other reasons that the commissioner of revenue may              
 establish by regulation; requiring, for the purposes of permanent             
 fund dividend eligibility, an individual who is not physically                
 present in the state to maintain and demonstrate at all times an              
 intent to return to the state to remain permanently;  relating to             
 the eligibility for 1992, 1993, and 1994 permanent fund dividends             
 of certain spouses and dependents of eligible applicants; relating            
 to appeal periods for certain 1994 permanent fund dividends; and              
 providing for an effective date."                                             
                                                                               
 SENATE JOINT RESOLUTION NO. 14 - SCHEDULED BUT NOT HEARD                      
 Proposing an amendment to the Constitution of the State of Alaska             
 relating to certain public corporations.                                      
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 145 - No previous Senate action.                                           
                                                                               
 SSSB 102 - No previous Senate action.                                         
                                                                               
 HB 188 See Judiciary minutes dated 3/27/95.                                   
                                                                               
 HB 4 - See State Affairs minutes dated 3/21/95 and 3/28/95.                   
    See Judiciary minutes dated 4/5/95.                                        
                                                                               
 SJR 14 - See State Affairs minutes dated 2/21/95.                             
      See Judiciary minutes dated 3/22/95.                                     
      See Judiciary worksession dated 4/5/95.                                  
                                                                               
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 Portia Babcock                                                                
 Legislative Aide                                                              
 Alaska State Legislature                                                      
 Juneau, Alaska  99811-1182                                                    
  POSITION STATEMENT:  Testified on SB 145                                     
                                                                               
 Dennis Pochard, Director                                                      
 Charitable Gaming Division                                                    
 Department of Revenue                                                         
 P.O. Box 110440                                                               
 Juneau, AK  99811-0440                                                        
  POSITION STATEMENT:  Testified on SB 145                                     
                                                                               
 Senator Judy Salo                                                             
 Alaska State Legislature                                                      
 Juneau, Alaska  99811-1182                                                    
  POSITION STATEMENT:  Sponsor of SB 102                                       
                                                                               
 Rod Mourant                                                                   
 Legislative Aide                                                              
 Alaska State Legislature                                                      
 Juneau, Alaska  99811-1182                                                    
  POSITION STATEMENT:  Testified for sponsor of HB 4                           
                                                                               
 Michael McGee                                                                 
 Chief, PFD Operations                                                         
 Department of Revenue                                                         
 P.O. Box 110460                                                               
 Juneau, Alaska  99811-0460                                                    
  POSITION STATEMENT:  Testified in support of HB 4                            
 Margot Knuth                                                                  
 Assistant Attorney General                                                    
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, Alaska  99811-0300                                                    
  POSITION STATEMENT:  Commented on HB 4                                       
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 95-18, SIDE A                                                            
 Number 001                                                                    
                                                                               
          SB 145 CHARIT.GAMING:PRIZES,REPORTS,PENALTY                         
                                                                              
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:39 p.m.  The first order of business before the                    
 committee was SB 145.                                                         
                                                                               
 PORTIA BABCOCK, committee aide to the Senate HESS committee, stated           
 the following.  SB 145 makes reporting changes to bingo and pull              
 tab operations, and prohibits operators from cashing public                   
 assistance checks.  The bill creates a mechanism to log and track             
 winners of cash prizes.  Under current law, the winner must sign              
 for the prize money, but is not required to show identification.              
 SB 145 requires permittees, operators or vendors to verify prize              
 recipients identification and report names and prize amounts to the           
 Department of Health and Social Services.                                     
                                                                               
 Number 057                                                                    
                                                                               
 SENATOR ADAMS asked if $1,000 bingo prize winners must provide                
 their names and social security numbers to the permittee.  MS.                
 BABCOCK believed the prize recipient only has to sign for the                 
 prize.                                                                        
                                                                               
 SENATOR ADAMS asked about the penalty provisions contained in SB              
 145.  DENNIS POCHARD, director of the Division of Charitable                  
 Gaming, commented that $1,000 bingo prize winners must provide                
 their names and social security numbers because the IRS requires              
 any gaming activity, when a prize of over $600 is awarded, to be              
 reported to the IRS.  MS. BABCOCK stated a first violation would              
 carry fine of up to $5,000, a second offense would be a class B               
 misdemeanor which carries a fine of up to $10,000 and a prison                
 term.                                                                         
                                                                               
 SENATOR TAYLOR questioned why the current Alaska reporting standard           
 for prize money is $1,000 if the IRS standard is $600.  MR. POCHARD           
 replied there are no provisions for reporting prize winners in                
 statute.  An operator conducting a gaming activity is required to             
 keep records of winners, but is not required to report those names            
 to the Department of Revenue.  The operator is required to keep the           
 records for three years for audit purposes.                                   
                                                                               
 Number 125                                                                    
                                                                               
 SENATOR TAYLOR asked if the records include the actual pull tabs.             
 MR. POCHARD stated the pull tabs are not kept as records.  SENATOR            
 TAYLOR asked if an operator would be required to report a prize               
 award of $650 to the IRS.  MR. POCHARD replied affirmatively.                 
 SENATOR TAYLOR commented the reporting requirement in SB 145 is not           
 a new burden being placed on operators since they are already                 
 reporting larger prizes.  He asked if the prize award will be                 
 treated as income.  MR. POCHARD responded affirmatively.                      
                                                                               
 Number 141                                                                    
                                                                               
 SENATOR ADAMS moved the adoption of a proposed amendment allowing             
 municipalities to limit the number of permittees and licensees                
 within their boundaries.  SENATOR TAYLOR objected to the motion for           
 the purpose of discussion.  SENATOR ADAMS explained the amendment             
 also allows municipalities to limit the number of hours of                    
 operation of bingo and pull-tab games conducted each week.                    
                                                                               
 SENATOR TAYLOR expressed concern that by allowing municipalities to           
 limit the number of permittees and licensees within their                     
 jurisdiction, a franchise on gambling will be created within the              
 city, and businesses would become dependent on who they know on the           
 city council.  SENATOR ADAMS responded the current law allows for             
 all or nothing; the amendment would allow the municipalities to               
 decide which non-profits could operate.                                       
                                                                               
 Number 174                                                                    
                                                                               
 SENATOR GREEN stated she agrees with the amendment in concept, but            
 expressed concern that under such a system, as communities grow in            
 size, they would need to be regulated by an entity that approves              
 the relocation or addition of operators and licensees.  SENATOR               
 TAYLOR stated his concern is that creating the power to limit would           
 be creating the power to kill.  He added the amendment would allow            
 a municipality to favor some operators, and restrict others, and              
 create a limited entry type of system.  He stated he is in favor of           
 the right of municipalities to limit the number of sessions.                  
                                                                               
 SENATOR ADAMS commented the amendment provides for accountability             
 of permittees.  SENATOR GREEN stated the amendment says a                     
 municipality "may" do this by ordinance, it does not say "shall."             
 SENATOR ADAMS noted an ordinance would have to be passed first, so            
 the amendment merely creates an option for the municipality.                  
                                                                               
 Number 220                                                                    
                                                                               
 SENATOR TAYLOR stated he would not vote for the amendment unless              
 lines 10-12 were deleted, and maintained his objection.  A roll               
 call vote was taken with the following result:  Senators Miller,              
 Adams, and Green voted "Yea," and Senator Taylor vote "Nay."  The             
 amendment was adopted.                                                        
                                                                               
 SENATOR ADAMS moved and asked unanimous consent that SB 145, as               
 amended, pass out of committee with individual recommendations.               
 There being no objection, the motion carried.                                 
              SB 102 RELEASE OF JUVENILE RECORDS                             
                                                                               
 SENATOR SALO, sponsor of SB 102, explained Superior Court judges              
 have access to juvenile records, so that if an adult is convicted             
 of a crime, the judge can open the juvenile file to review the                
 person's past record.  District Court judges do not have the same             
 access to those records and are required to follow time consuming             
 procedures to get access.  SB 102 gives the District Court the same           
 authority to review juvenile records and adds that either court               
 could review records for the purpose of setting bail or sentencing.           
                                                                               
 Number 272                                                                    
                                                                               
 SENATOR ADAMS asked for an explanation of the procedure a District            
 Court judge must go through to review juvenile records.  SENATOR              
 SALO replied the District Court judge must be appointed as a                  
 Superior Court judge Pro tempore to get the authority to review the           
 records.  It is a cumbersome process that is alleviated in SB 102.            
                                                                               
 SENATOR GREEN noted her support for the measure and moved SB 102              
 out of committee with individual recommendations.  There being no             
 objection, the motion carried.                                                
                  HB 188 INDECENT PHOTOGRAPHY                                 
                                                                              
 SENATOR TAYLOR announced CSHB 188(JUD)am was previously heard by              
 the committee but was delayed to give others a chance to review the           
 measure.                                                                      
                                                                               
 DAVE GRAY, legislative aide to Representative Mackey, was available           
 to answer questions on the bill.                                              
 SENATOR TAYLOR stated there was concern that the definitions                  
 included in the measure were too vague, as well as the description            
 of the offense itself.  MARGOT KNUTH, assistant attorney general,             
 stated the definitions are not a concern of the Department of Law.            
                                                                               
 SENATOR TAYLOR commented the Public Defender Agency shared some               
 concerns about the definitions but were unable to offer alternative           
 or additional language.  He noted he is still concerned about the             
 broadness of the definition, but does not have better language to             
 offer.  SENATOR ADAMS asked which definition Senator Taylor was               
 concerned about.  SENATOR TAYLOR replied the term "reasonably                 
 believed" on page 2, line 17, is unclear, because the intent of the           
 person being photographed, and the intent to use that which is                
 produced, both need to be reviewed.  He added the committee also              
 had a lengthy discussion about the age of the person who gives                
 consent, and he did not want to lower the age below 13.  He stated            
 the bill, although not perfect, addresses a unique situation that             
 has occurred.                                                                 
                                                                               
 SENATOR ADAMS stated he thought the committee agreed to maintain              
 the age of 13 in the bill.  SENATOR TAYLOR agreed.                            
                                                                               
 SENATOR GREEN moved CSHB 188(JUD)am from committee with individual            
 recommendations.  There being no objection, so moved.                         
          HB   4 PERMANENT FUND DIVIDEND ELIGIBILITY                          
                                                                              
 ROD MOURANT, legislative aide to Representative Kott, stated the              
 committee requested the following information: the dollar amounts             
 required to pay people previously denied permanent fund dividends             
 for the reasons covered in HB 4; and the number of late filers and            
 cost involved in paying those people.  The expenses are as follows:           
 1994  2,690 applicants @ $983.90        $2,646,691                           
  1993    200 applicants @  949.46     189,892                                 
  1992     25 applicants @  915.84      22,896                               
          $2,859,479                                                           
                                                                               
 SENATOR TAYLOR asked if the fiscal impact on the general fund would           
 remain at $600.  MR. MOURANT answered affirmatively.                          
                                                                               
 Number 372                                                                    
                                                                               
 SENATOR ADAMS asked how many spouses are of residents of the                  
 military and how many are married to college students.  MR. McGEE,            
 stated that breakdown is not available, however those two                     
 categories comprise approximately 12,000 applicants which amount to           
 over 50 percent of the out-of-state applicants.  He clarified there           
 will be no expense to the general fund from CSHB 4 (STA)am, the               
 administrative cost of $600 will come from permanent fund dividend            
 funds.                                                                        
                                                                               
 SENATOR GREEN moved CSHB 4 (STA)am out of committee with individual           
 recommendations.  There being no objection, the motion carried.               
 SENATOR TAYLOR announced SJR 14 would be taken up at the next                 
 committee hearing.  He adjourned the meeting at 2:07 p.m.                     
                                                                               
                                                                               

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