Legislature(2005 - 2006)BUTROVICH 205

05/05/2005 08:30 AM JUDICIARY


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08:43:51 AM Start
08:44:42 AM SB74
09:11:11 AM Confirmation Hearings
09:12:02 AM the Commission on Judicial Conduct – Mr. Jerry Story || the Commission on Judicial Conduct – Ms. Ethel Staton || the Alaska Judicial Council – Ms. Cristina Williams || the Violent Crimes Compensation Board – Mr. Leroy J. Parker.
09:15:35 AM SB74
09:31:39 AM SB165
10:29:19 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Moved CSSB 74(JUD) Out of Committee
+= SB 165 CARD ROOMS & OPERATIONS TELECONFERENCED
Heard & Held
+ HB 53 CHILDREN IN NEED OF AID/ADOPTION/GUARDIAN TELECONFERENCED
Scheduled But Not Heard
+ HB 268 OVERTAKING/PASSING STATIONARY VEHICLES TELECONFERENCED
Scheduled But Not Heard
Bills Previously Heard/Scheduled
Confirmation Hearings
Commission on Judicial Council:
Jerry Story, Ethel Staton
Alaska Judicial Council:
Cristina Williams
Violent Crimes Compensation Board:
Leroy J. Parker
                     ALASKA STATE LEGISLATURE                                                                                 
               SENATE JUDICIARY STANDING COMMITTEE                                                                            
                           May 5, 2005                                                                                          
                            8:43 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 74                                                                                                              
"An Act making findings relating to marijuana use and                                                                           
possession; relating to marijuana and misconduct involving a                                                                    
controlled substance; and providing an effective date."                                                                         
                                                                                                                                
     MOVED CSSB 74(JUD) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 165                                                                                                             
"An Act relating to card rooms and card operations."                                                                            
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
CONFIRMATION HEARINGS:                                                                                                          
The Commission on Judicial Conduct - Mr. Jerry Story                                                                            
The Commission on Judicial Conduct - Ms. Ethel Staton                                                                           
The Alaska Judicial Council - Ms. Cristina Williams                                                                             
The Violent Crimes Compensation Board - Mr. Leroy J. Parker.                                                                    
                                                                                                                                
     CONFIRMATIONS ADVANCED                                                                                                     
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(FIN)                                                                            
"An  Act relating  to child-in-need-of-aid  proceedings; amending  the                                                          
construction  of  statutes pertaining  to  children  in need  of  aid;                                                          
relating  to   guardianships;  relating  to  the   confidentiality  of                                                          
investigations,  court  hearings,  court records,  and  public  agency                                                          
records and  information in  child-in-need-of-aid matters  and certain                                                          
child  protection   matters,  to  immunity  regarding   disclosure  of                                                          
information   in  child-in-need-of-aid   matters  and   certain  child                                                          
protection matters, to  proceedings regarding voluntary relinquishment                                                          
and termination  of a  parent and  child relationship,  to eligibility                                                          
for permanent  fund dividends for  certain children in the  custody of                                                          
the  state, and  to juvenile  delinquency proceedings  and placements;                                                          
reestablishing  and  relating  to  a  state  citizens'  review  panel;                                                          
amending  the  obligation  of  a  public  agency  to  disclose  agency                                                          
information  pertaining  to  a  child  in need  of  aid;  relating  to                                                          
disclosure of  confidential or  privileged information  about children                                                          
and families  involved with children's services  within the Department                                                          
of  Health and  Social  Services to  officials for  review  or use  in                                                          
official capacities; relating to reports  of harm and to adoptions and                                                          
foster care;  relating to  consent for the  medication of  children in                                                          
state custody;  prescribing the  rights of  family members  related to                                                          
child-in- need-of-aid  cases and establishing a  familial priority for                                                          
adoption;  modifying  adoption  and placement  procedures  in  certain                                                          
child-in-need-of-aid cases;  amending Rules 9 and  13, Alaska Adoption                                                          
Rules, Rules 3,  17.2, 18, and 22,  Alaska Child in Need  of Aid Rules                                                          
of Procedure, and Rules 14 and  15, Alaska Rules of Probate Procedure;                                                          
and providing for an effective date."                                                                                           
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 268(JUD)                                                                                                  
"An  Act  relating  to  overtaking   and  passing  certain  stationary                                                          
vehicles."                                                                                                                      
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 74                                                                                                                   
SHORT TITLE: CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                                             
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/21/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/05       (S)       HES, JUD, FIN                                                                                          
03/21/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/21/05       (S)       Heard & Held                                                                                           
03/21/05       (S)       MINUTE(HES)                                                                                            
03/23/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/23/05       (S)       Heard & Held                                                                                           
03/23/05       (S)       MINUTE(HES)                                                                                            
04/01/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/01/05       (S)       Moved SB 74 Out of Committee                                                                           
04/01/05       (S)       MINUTE(HES)                                                                                            
04/04/05       (S)       HES RPT 2DP 1DNP 1NR                                                                                   
04/04/05       (S)       DP: DYSON, WILKEN                                                                                      
04/04/05       (S)       DNP: ELTON                                                                                             
04/04/05       (S)       NR: OLSON                                                                                              
04/11/05       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
04/11/05       (S)       Heard & Held                                                                                           
04/11/05       (S)       MINUTE(JUD)                                                                                            
04/19/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/19/05       (S)       Scheduled But Not Heard                                                                                
04/20/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/20/05       (S)       Heard & Held                                                                                           
04/20/05       (S)       MINUTE(JUD)                                                                                            
04/23/05       (S)       JUD AT 4:00 PM BUTROVICH 205                                                                           
04/23/05       (S)       -- Rescheduled from 04/22/05 --                                                                        
05/03/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
05/03/05       (S)       Heard & Held                                                                                           
05/03/05       (S)       MINUTE(JUD)                                                                                            
05/05/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 165                                                                                                                  
SHORT TITLE: CARD ROOMS & OPERATIONS                                                                                            
SPONSOR(s): SENATOR(s) COWDERY                                                                                                  
                                                                                                                                
04/08/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/05       (S)       L&C, FIN                                                                                               
04/19/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/19/05       (S)       Heard & Held                                                                                           
04/19/05       (S)       MINUTE(L&C)                                                                                            
04/21/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/21/05       (S)       Moved CSSB 165(L&C) Out of Committee                                                                   
04/21/05       (S)       MINUTE(L&C)                                                                                            
04/22/05       (S)       L&C RPT CS 2DP 1NR 2AM SAME TITLE                                                                      
04/22/05       (S)       DP: BUNDE, STEVENS B                                                                                   
04/22/05       (S)       NR: ELLIS                                                                                              
04/22/05       (S)       AM: DAVIS, SEEKINS                                                                                     
04/22/05       (S)       JUD REFERRAL ADDED AFTER L&C                                                                           
04/30/05       (S)       JUD AT 9:00 AM BUTROVICH 205                                                                           
04/30/05       (S)       Scheduled But Not Heard                                                                                
05/02/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
05/02/05       (S)       Scheduled But Not Heard                                                                                
05/03/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
05/03/05       (S)       Scheduled But Not Heard                                                                                
05/05/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Dr. Timothy Hinterberger                                                                                                        
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in opposition to SB 74                                                                         
                                                                                                                                
Mr. Ryan Makinster                                                                                                              
Staff to Senator John Cowdery                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced SB 165                                                                                        
                                                                                                                                
Mr. Robert Hall, Fisherman                                                                                                      
Houston, AK                                                                                                                     
POSITION STATEMENT:  Testified in support of SB 165                                                                           
                                                                                                                                
Ms. Pat Rose, Psychiatric Nurse Retired                                                                                         
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in opposition of SB 165                                                                        
                                                                                                                                
Pastor Phillip Polk                                                                                                             
Calgary Church                                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Testified in opposition of SB 165                                                                        
                                                                                                                                
Mr. Norman Lindsay                                                                                                              
POSITION STATEMENT:  Testified in opposition of SB 165                                                                        
                                                                                                                                
Ms. Norma Gott                                                                                                                  
Assembly of God Church                                                                                                          
POSITION STATEMENT:  Testified in opposition of SB 165                                                                        
                                                                                                                                
Mr. Jim Schultz                                                                                                                 
POSITION STATEMENT:  Testified in opposition of SB 165                                                                        
                                                                                                                                
Mr. Chip Waggoner, Executive Director                                                                                           
Alaska Catholic Conference                                                                                                      
Roman Catholic Church                                                                                                           
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Testified in opposition of SB 165                                                                        
                                                                                                                                
Mr. Larry Myers                                                                                                                 
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT:  Commented on SB 165                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR RALPH SEEKINS called the Senate Judiciary Standing                                                                      
Committee meeting to order at 8:43:51 AM. Present were Senators                                                               
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
           SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                                     
                                                                                                                                
8:44:42 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 74 to be up for consideration.                                                                 
                                                                                                                                
DR.  TIMOTHY  HINTERBERGER,  associate professor,  University  of                                                               
Alaska Anchorage,  testified on  behalf of himself  in opposition                                                               
to SB 74. He read  a previously prepared written statement, which                                                               
is included in the bill packet.                                                                                                 
                                                                                                                                
8:55:43 AM                                                                                                                    
SENATOR CHARLIE  HUGGINS asked Dr.  Hinterberger to  conclude his                                                               
testimony.                                                                                                                      
                                                                                                                                
DR. HINTERBERGER  summarized his belief the  findings were flawed                                                               
and misrepresent scientific consensus.                                                                                          
                                                                                                                                
8:58:55 AM                                                                                                                    
SENATOR  HUGGINS asked  Dr.  Hinterberger  to describe  marijuana                                                               
based on his expertise.                                                                                                         
                                                                                                                                
DR. HINTERBERGER  said he would  agree marijuana is  a relatively                                                               
benign  drug. It  is  not  completely harmless  but  it does  not                                                               
compare to harmful drugs.                                                                                                       
                                                                                                                                
SENATOR  HUGGINS  inquired  of  Dr. Hinterberger  his  advice  to                                                               
teenagers concerning marijuana.                                                                                                 
                                                                                                                                
DR.  HINTERBERGER informed  his  advice would  be  to have  solid                                                               
scientific  information  on  all  substances  they  consume.  The                                                               
information  given  by the  government  is  not accurate.  It  is                                                               
exaggerated and not factual.                                                                                                    
                                                                                                                                
9:02:41 AM                                                                                                                    
CHAIR  SEEKINS  asked  Dr. Hinterberger  whether  he  was  saying                                                               
information from  the White House  Office on Drug  Control Policy                                                               
was inaccurate.                                                                                                                 
                                                                                                                                
MR.  HINTERBERGER asserted  much of  the information  coming from                                                               
the White  House is  skewed and inaccurate.  They tend  to ignore                                                               
scientific review articles and scientific consensus.                                                                            
                                                                                                                                
CHAIR  SEEKINS interrupted  work  on  SB 74  to  attend to  other                                                               
business.                                                                                                                       
                                                                                                                                
                      ^CONFIRMATION HEARINGS                                                                                
                                                                                                                                
9:11:11 AM                                                                                                                  
CHAIR  RALPH  SEEKINS  motioned to  advance  from  committee  the                                                               
following nominations:                                                                                                          
                                                                                                                                
^The Commission on Judicial Conduct - Mr. Jerry Story                                                                           
^The Commission on Judicial Conduct - Ms. Ethel Staton                                                                          
^The Alaska Judicial Council - Ms. Cristina Williams                                                                            
^The Violent Crimes Compensation Board - Mr. Leroy J. Parker.                                                                   
                                                                                                                                
He  stated that  this  does  not reflect  an  intention that  any                                                               
member would vote  for or against any of the  nominees. The names                                                               
are   merely  forwarded   to  the   full  legislative   body  for                                                               
confirmation or rejection.                                                                                                      
                                                                                                                                
Hearing no objections, the motion carried.                                                                                      
                                                                                                                              
9:12:02 AM                                                                                                                    
Senator Gene Therriault joined the committee.                                                                                   
                                                                                                                                
           SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                                     
                                                                                                                                
CHAIR RALPH SEEKINS  announced SB 74 to be  up for consideration.                                                               
He closed public  testimony on SB 74 and moved  Version \F as the                                                               
working document before the committee.                                                                                          
                                                                                                                                
SENATOR GRETCHEN GUESS objected for explanation of changes.                                                                     
                                                                                                                                
MR. DEAN  GUANELI, chief  assistant attorney  general, Department                                                               
of Law (DOL),  advised the changes were in  the revised findings.                                                               
There was  a slight  change on  Page 6, line  1, which  makes the                                                               
selling of  less than  one ounce a  misdemeanor and  selling more                                                               
than an ounce a felony.                                                                                                         
                                                                                                                                
9:15:35 AM                                                                                                                    
Section 7 repeals  Page 6 lines 3-6. The  changes largely reflect                                                               
suggestions made by Senator French.                                                                                             
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved CSSB  74(JUD) from  committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
9:17:25 AM                                                                                                                    
                                                                                                                                
                  SB 165-CARD ROOMS & OPERATIONS                                                                            
                                                                                                                                
9:31:39 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 165 to be up for consideration.                                                                
                                                                                                                                
MR. RYAN MAKINSTER, staff to  Senator John Cowdery, introduced SB                                                               
165,  which would  allow card  playing  for money  in the  public                                                               
arena. Under SB  165 card rooms would be  limited unless expanded                                                               
by a vote from Alaskan citizens.                                                                                                
                                                                                                                                
9:33:33 AM                                                                                                                    
Bonds and  application fees  would apply so  the state  would not                                                               
incur any  burden. Underground  games happen  and there  is crime                                                               
associated with it.                                                                                                             
                                                                                                                                
9:34:59 AM                                                                                                                    
CHAIR SEEKINS asked whether a home  was the only place where card                                                               
games were legal.                                                                                                               
                                                                                                                                
MR. MAKINSTER said yes, if played for money.                                                                                    
                                                                                                                                
CHAIR SEEKINS  understood a game  of poker was legal  anywhere so                                                               
long as the house doesn't take a rake.                                                                                          
                                                                                                                                
MR. MAKINSTER alleged the statute says "in a home."                                                                             
                                                                                                                                
CHAIR  SEEKINS  asked  whether SB  165  related  to  professional                                                               
gambling.                                                                                                                       
                                                                                                                                
MR.  MAKINSTER speculated  it would  be a  friendly game.  SB 165                                                               
would be doing a service by providing a conduit for the games.                                                                  
                                                                                                                                
9:36:31 AM                                                                                                                    
CHAIR SEEKINS  asked the amount of  income a card table  would be                                                               
expected to bring in annually.                                                                                                  
                                                                                                                                
MR. MAKINSTER  responded the average  is $90 gross per  table per                                                               
hour. Ten tables would bring about $3 million a year.                                                                           
                                                                                                                                
9:37:58 AM                                                                                                                    
CHAIR SEEKINS asked who the proprietors would be.                                                                               
                                                                                                                                
MR. MAKINSTER  anticipated they would  be proprietors  of current                                                               
bars.                                                                                                                           
                                                                                                                                
CHAIR SEEKINS asked the application process.                                                                                    
                                                                                                                                
MR. MAKINSTER  informed there would  be a  $25,000 non-refundable                                                               
fee  to apply.  The  application  process would  be  left to  the                                                               
Department of  Revenue (DOR)  through regulations.  Factors would                                                               
be based on  reputation and controlling interests.  Also a person                                                               
would have to put up a $500,000 cash bond up front.                                                                             
                                                                                                                                
SENATOR HOLLIS  FRENCH asked whether  the bond would  be supplied                                                               
with the application or upon winning the permit.                                                                                
                                                                                                                                
MR. MAKINSTER  responded after winning the  permit. License would                                                               
be granted before obligation of the cash bond.                                                                                  
                                                                                                                                
SENATOR FRENCH  asked whether a  board would review  the person's                                                               
financial statement.                                                                                                            
                                                                                                                                
9:39:38 AM                                                                                                                    
MR. MAKINSTER  advised the DOR  would make the decision.  The DOR                                                               
would come up  with a process to determine who  is best suited to                                                               
be licensed.                                                                                                                    
                                                                                                                                
SENATOR  FRENCH asked  whether there  would be  a public  comment                                                               
period during the process.                                                                                                      
                                                                                                                                
9:41:07 AM                                                                                                                    
MR. MAKINSTER said that would be up to the DOR.                                                                                 
                                                                                                                                
SENATOR   GRETCHEN   GUESS   asked   the   number   of   cribbage                                                               
establishments that  would put  up $10,000  per table.  She asked                                                               
the reason SB 165 doesn't simply deal with poker.                                                                               
                                                                                                                                
MR.  MAKINSTER  advised other  states  have  added games  besides                                                               
poker. He claimed people do play cribbage for money.                                                                            
                                                                                                                                
SENATOR GUESS asked the definition of a "non-banking" card game.                                                                
                                                                                                                                
9:43:04 AM                                                                                                                    
MR.  MAKINSTER explained  it is  a  game not  played against  the                                                               
house.                                                                                                                          
                                                                                                                                
CHAIR  SEEKINS  asked  who  the  owners  of  card  rooms  are  in                                                               
Washington and Oregon.                                                                                                          
                                                                                                                                
MR. MAKINSTER implied various sorts of people.                                                                                  
                                                                                                                                
CHAIR   SEEKINS  asked   whether  other   states  had   the  same                                                               
application fee.                                                                                                                
                                                                                                                                
MR. MAKINSTER responded no.                                                                                                     
                                                                                                                                
CHAIR SEEKINS said  he did not know any bar  owners who have that                                                               
kind  of money.  He anticipated  the  card room  owners would  be                                                               
professional gamblers.                                                                                                          
                                                                                                                                
MR. MAKINSTER agreed.                                                                                                           
                                                                                                                                
9:44:42 AM                                                                                                                    
CHAIR SEEKINS stated SB 165  would virtually be opening the state                                                               
to  professional gambling.  He asked  the name  of a  prospective                                                               
owner.                                                                                                                          
                                                                                                                                
MR. MAKINSTER indicated a Mr. Perry Green.                                                                                      
                                                                                                                                
CHAIR  SEEKINS speculated  Mr. Green  has financial  backers from                                                               
out of state.                                                                                                                   
                                                                                                                                
SENATOR  JOHN   COWDERY  commented  Alaskans  should   control  a                                                               
percentage of the license.                                                                                                      
                                                                                                                                
CHAIR SEEKINS  said that would be  at the discretion of  the DOR.                                                               
He inquired whether the hourly wage  and the house rake should be                                                               
set in statute.                                                                                                                 
                                                                                                                                
MR. MAKINSTER responded it should be fluid.                                                                                     
                                                                                                                                
9:47:27 AM                                                                                                                    
SENATOR FRENCH  commented there are  different ways  to determine                                                               
the rake.                                                                                                                       
                                                                                                                                
9:48:45 AM                                                                                                                    
CHAIR SEEKINS asked  Mr. Makinster whether he has  seen the House                                                               
companion bill.                                                                                                                 
                                                                                                                                
MR. MAKINSTER advised it was similar to SB 165.                                                                                 
                                                                                                                                
CHAIR  SEEKINS  asked  whether the  sponsor  has  researched  the                                                               
sociological effect of card rooms.                                                                                              
                                                                                                                                
MR.  MAKINSTER alleged  there is  no  study dealing  specifically                                                               
with card rooms.                                                                                                                
                                                                                                                                
9:50:30 AM                                                                                                                    
CHAIR  SEEKINS  asked  whether   card  rooms  in  Washington  are                                                               
restricted to class 2 card games.                                                                                               
                                                                                                                                
MR.  MAKINSTER  said no.  The  Gambling  Commission allowed  bank                                                               
games to  occur and  card rooms to  compete. Poker  and blackjack                                                               
are allowed but no casino games such as slot machines.                                                                          
                                                                                                                                
SENATOR  FRENCH  asked  whether bank  games  in  Washington  were                                                               
statewide or limited to reservations.                                                                                           
                                                                                                                                
MR. MAKINSTER replied statewide on a limited basis.                                                                             
                                                                                                                                
9:52:41 AM                                                                                                                    
SENATOR  THERRIAULT  asked  Mr.  Makinster  to  describe  current                                                               
Anchorage card rooms.                                                                                                           
                                                                                                                                
MR. MAKINSTER advised some bars have card tournaments.                                                                          
                                                                                                                                
9:55:56 AM                                                                                                                    
SENATOR  GUESS  asked  the  limit  of  card  rooms  that  SB  165                                                               
proposes.                                                                                                                       
                                                                                                                                
MR. MAKINSTER said three.                                                                                                       
                                                                                                                                
SENATOR GUESS asked  the amount of illegal gambling  SB 165 would                                                               
stop.                                                                                                                           
                                                                                                                                
MR. MAKINSTER did  not know. He assumed people  would rather play                                                               
in a safe environment.                                                                                                          
                                                                                                                                
9:58:20 AM                                                                                                                    
SENATOR GUESS asked  whether there would be security  in the card                                                               
rooms.                                                                                                                          
                                                                                                                                
MR. MAKINSTER  said it is in  the best interest of  the card room                                                               
to provide security.                                                                                                            
                                                                                                                                
CHAIR  SEEKINS  expressed concern  about  big  gambling from  Las                                                               
Vegas entering Alaska.                                                                                                          
                                                                                                                                
10:00:45 AM                                                                                                                   
SENATOR HUGGINS asked  Mr. Makinster to address the  fears of his                                                               
constituents and to comment on Indian gaming.                                                                                   
                                                                                                                                
10:03:51 AM                                                                                                                   
MR.  MAKINSTER advised  SB 165  would  not be  full on  gambling.                                                               
Poker is a slow paced methodical  game. Mobsters ran Las Vegas so                                                               
the crime rate  was higher, he alleged. Opinions  from the Indian                                                               
Gaming Commission  find the games  listed on  SB 165 are  class 2                                                               
and would not open the door to class 3 gaming.                                                                                  
                                                                                                                                
10:06:45 AM                                                                                                                   
MR.  ROBERT HALL,  fisherman,  testified in  support  of SB  165.                                                               
People already play on the  Internet. He supports a strong gaming                                                               
authority. Locals  would join  together and  put together  a game                                                               
room.                                                                                                                           
                                                                                                                                
10:08:47 AM                                                                                                                   
MS. PAT ROSE, retired psychiatric  nurse, testified in opposition                                                               
of SB 165.  Gambling can be addictive and it  is heartbreaking to                                                               
families. The move  to innocent card games is a  foot in the door                                                               
to bigger operations in the future.                                                                                             
                                                                                                                                
10:10:23 AM                                                                                                                   
PASTOR  PHILLIP POLK,  Calgary  Church,  Anchorage, testified  in                                                               
opposition  of  SB  165.  He asserted  any  gaming  license  that                                                               
requires such  a large fee  is not  small business. SB  165 would                                                               
promote greed throughout the state.                                                                                             
                                                                                                                                
10:12:35 AM                                                                                                                   
PASTOR NORMAN  LINDSAY, Assembly of God,  testified in opposition                                                               
to  SB 165.  He noted  no one  has spoken  yet in  regard to  the                                                               
devastation  to   individuals  who  are  adversely   affected  by                                                               
gambling. SB 165 would open the door to big time gambling.                                                                      
                                                                                                                                
SENATOR FRENCH asked Pastor Lindsay  whether his church sponsored                                                               
lotteries, raffles, or bingo games.                                                                                             
                                                                                                                                
MR. LINDSAY said no.                                                                                                            
                                                                                                                                
10:14:46 AM                                                                                                                   
MS. NORMA  GOTT, Assembly of  God, testified in opposition  of SB                                                               
165. She  shared her experience of  growing up with a  father who                                                               
played  poker on  a  regular  basis. It  was  devastating to  the                                                               
family. Studies  prove that when  gambling was legalized  in Iowa                                                               
crime skyrocketed.                                                                                                              
                                                                                                                                
CHAIR  SEEKINS  asked  Ms.  Gott   whether  her  church  sponsors                                                               
lotteries, raffles, or bingo games.                                                                                             
                                                                                                                                
MS. GOTT said no.                                                                                                               
                                                                                                                                
10:16:43 AM                                                                                                                   
MR. JIM  SCHULTZ, Anchorage resident, testified  in opposition to                                                               
SB 165.  The negative impact  that legalized gambling  would have                                                               
on the State of Alaska would be devastating.                                                                                    
                                                                                                                                
10:18:31 AM                                                                                                                   
MR.   CHIP   WAGGONER,   executive  director,   Alaska   Catholic                                                               
Conference,  testified in  opposition  of SB  165.  He asked  Mr.                                                               
Myers whether betting games in bars were currently legal.                                                                       
                                                                                                                                
MR.  LARRY MYERS,  Alaska Department  of Revenue  (DOR), answered                                                               
the current  games are missing  one element of gambling  and that                                                               
is consideration and so they  are legal. "Consideration" means an                                                               
entry fee, a game of chance, and a prize.                                                                                       
                                                                                                                                
10:20:11 AM                                                                                                                   
CHAIR SEEKINS  asked whether there  was a definition  of personal                                                               
residence in the statutes.                                                                                                      
                                                                                                                                
MR. MYERS responded AS 11.66.280 contains the definition.                                                                       
                                                                                                                                
10:22:17 AM                                                                                                                   
MR.  WAGGONER  disputed testimony  by  the  sponsor that  SB  165                                                               
addresses  friendly games.  SB 165  takes Alaska  into commercial                                                               
gaming enterprises. The  rooms will be designed  to entice people                                                               
to gamble  all of their money.  There is no evidence  or research                                                               
to  prove SB  165  would result  in less  crime  or less  illegal                                                               
gambling,  rather it  would  increase crime.  SB  165 would  hurt                                                               
Alaskans and the  state does not have the money  to deal with all                                                               
the problems the bill would create.                                                                                             
                                                                                                                                
10:24:38 AM                                                                                                                   
Card rooms add fuel to the  fire to those who have susceptibility                                                               
to  becoming  addicted.   The  American  Psychiatric  Association                                                               
classifies pathological gambling as an impulse control disorder.                                                                
                                                                                                                                
10:26:37 AM                                                                                                                   
The  American Research  Council review  on pathological  gambling                                                               
agrees   that  pathological   gamblers   engage  in   destructive                                                               
behaviors.  They  commit  crimes,  run  up  large  debts,  damage                                                               
relationships with family and friends, and they commit suicide.                                                                 
                                                                                                                                
10:28:13 AM                                                                                                                   
CHAIR SEEKINS held SB 165 in committee.                                                                                         
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Seekins adjourned the meeting at 10:29:19 AM.                                                                           
                                                                                                                                

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