04/21/2005 01:34 PM Senate L&C
| Audio | Topic |
|---|---|
| Start | |
| SB149 | |
| SB175 | |
| SB138 | |
| SB165 | |
| HB35 | |
| SJR15 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
April 21, 2005
1:34 p.m.
MEMBERS PRESENT
Senator Con Bunde, Chair
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Johnny Ellis
Senator Bettye Davis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149
"An Act relating to breaches of security involving personal
information, consumer report security freezes, consumer credit
monitoring, protection of social security numbers, disposal of
records, factual declarations of innocence after identity theft,
furnishing consumer credit header information, and filing police
reports regarding identity theft; and amending Rule 60, Alaska
Rules of Civil Procedure."
MOVED CSSSSB 149(L&C) OUT OF COMMITTEE
SENATE BILL NO. 175
"An Act relating to dispensing opticians, to dispensing optician
apprentices, to the Board of Dispensing Opticians, and to the
practice of dispensing opticianry; and providing for an
effective date."
MOVED CSSB 175(L&C) OUT OF COMMITTEE
SENATE BILL NO. 138
"An Act relating to a motor vehicle dealer's selling certain
motor vehicles as new model motor vehicles or as new model motor
vehicles having a manufacturer's warranty."
MOVED CSSB 138(L&C) OUT OF COMMITTEE
SENATE BILL NO. 165
"An Act relating to card rooms and card operations."
MOVED CSSB 165(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 35
"An Act extending the termination date of the State Board of
Registration for Architects, Engineers, and Land Surveyors; and
providing for an effective date."
MOVED SCS HB 35(L&C) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 15
Requesting the United States Congress to end the abuse of tort
laws against the firearms industry.
MOVED SJR 15 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 10
Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of
the Alaska State Legislature, concerning House Bill No. 35,
extending the termination date of the State Board of
Registration for Architects, Engineers, and Land Surveyors.
MOVED SCR 10 OUT OF COMMITTEE
SENATE BILL NO. 168
"An Act relating to insurance rate-making and form filing."
BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 149
SHORT TITLE: PROTECTION OF PERSONAL INFORMATION
SPONSOR(s): SENATOR(s) GUESS
03/21/05 (S) READ THE FIRST TIME - REFERRALS
03/21/05 (S) L&C, JUD
03/31/05 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
03/31/05 (S) L&C, JUD
04/14/05 (S) L&C AT 1:30 PM BELTZ 211
04/14/05 (S) Heard & Held
04/14/05 (S) MINUTE(L&C)
04/21/05 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 175
SHORT TITLE: DISPENSING OPTICIANS
SPONSOR(s): LABOR & COMMERCE
04/14/05 (S) READ THE FIRST TIME - REFERRALS
04/14/05 (S) L&C, FIN
04/14/05 (S) L&C AT 1:30 PM BELTZ 211
04/14/05 (S) Heard & Held
04/14/05 (S) MINUTE(L&C)
04/21/05 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 138
SHORT TITLE: MOTOR VEHICLE DEALER SALES
SPONSOR(s): LABOR & COMMERCE
03/08/05 (S) READ THE FIRST TIME - REFERRALS
03/08/05 (S) L&C, FIN
03/17/05 (S) L&C AT 1:30 PM BELTZ 211
03/17/05 (S) Heard & Held
03/17/05 (S) MINUTE(L&C)
04/21/05 (S) L&C AT 1:30 PM BELTZ 211
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
BILL: HB 35
SHORT TITLE: EXTEND BD ARCHITECTS/ENGINEERS/SURVEYORS
SPONSOR(s): REPRESENTATIVE(s) KOHRING
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) L&C, FIN
01/26/05 (H) L&C AT 3:15 PM CAPITOL 17
01/26/05 (H) Scheduled But Not Heard
01/31/05 (H) L&C AT 3:15 PM CAPITOL 17
01/31/05 (H) Moved Out of Committee
01/31/05 (H) MINUTE(L&C)
02/02/05 (H) L&C RPT 6DP
02/02/05 (H) DP: LYNN, KOTT, LEDOUX, GUTTENBERG,
ROKEBERG, ANDERSON
02/28/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/28/05 (H) Heard & Held
02/28/05 (H) MINUTE(FIN)
03/01/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/01/05 (H) Moved CSHB 35(FIN) Out of Committee
03/01/05 (H) MINUTE(FIN)
03/02/05 (H) FIN RPT CS(FIN) NT 4DP 1DNP 4NR
03/02/05 (H) DP: HAWKER, FOSTER, MOSES, CROFT;
03/02/05 (H) DNP: STOLTZE;
03/02/05 (H) NR: JOULE, WEYHRAUCH, MEYER, CHENAULT
04/06/05 (H) RLS RPT 1DP 5NR
04/06/05 (H) DP: KOHRING;
04/06/05 (H) NR: BERKOWITZ, HARRIS, COGHILL,
MCGUIRE, ROKEBERG
04/06/05 (H) RETURNED TO RULES COMMITTEE
04/06/05 (H) RLS AT 8:30 AM CAPITOL 106
04/06/05 (H) Moved Out of Committee
04/06/05 (H) MINUTE(RLS)
04/08/05 (H) TRANSMITTED TO (S)
04/08/05 (H) VERSION: HB 35
04/11/05 (S) READ THE FIRST TIME - REFERRALS
04/11/05 (S) L&C, FIN
04/21/05 (S) L&C AT 1:30 PM BELTZ 211
BILL: SJR 15
SHORT TITLE: BAN LAWSUITS AGAINST FIREARMS INDUSTRY
SPONSOR(s): SENATOR(s) HUGGINS
03/09/05 (S) READ THE FIRST TIME - REFERRALS
03/09/05 (S) L&C, JUD
04/21/05 (S) L&C AT 1:30 PM BELTZ 211
BILL: SCR 10
SHORT TITLE: SUSPEND UNIFORM RULES FOR HB 35
SPONSOR(s): LABOR & COMMERCE
WITNESS REGISTER
SENATOR GRETCHEN GUESS
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 149.
BARBARA HUFF-TUCKNESS, Director
Governmental and Legislative Affairs
Teamsters Local 959
Juneau AK
POSITION STATEMENT: Supported SB 149.
RICK URION, Director
Division of Occupational Licensing
Department of Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Commented on SB 149 and supported SB 175.
JANE ALBERTS
Staff to Senator Bunde
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 175 for the sponsor.
LARRY HARPER, Chairman
American Board of Opticianry
6506 Loisdale Rd., Suite 209
Springfield VA 22150
POSITION STATEMENT: Was available to answer questions on SB 175.
DWAYNE BANNOCK
Division of Motor Vehicles
Department of Administration
PO Box 110200
Juneau AK 99811-0200
POSITION STATEMENT: Supported CSSB 138(L&C).
ED SNIFFEN
Department of Law
PO Box 110300
Juneau AK 99811-0300
POSITION STATEMENT: Supported CSSB 138(L&C).
ROGER GAY
Big Lake AK
POSITION STATEMENT: Opposed SB 165.
RYAN MCKINSTER
Staff to Senator Cowdery
Alaska State Capitol
Juneau AK 99801-1182
POSITION STATEMENT: Commented on SB 165 for the sponsor.
LARRY MEYERS, Deputy Director
Tax Division
Department of Revenue
PO Box 110400
Juneau AK 99811-0400
POSITION STATEMENT: Commented on SB 165.
BRETT FRIED, Economist
Department of Revenue
PO Box 110400
Juneau AK 99811-0400
POSITION STATEMENT: Commented on SB 165.
REPRESENTATIVE VIC KOHRING
Alaska State Capitol
Juneau AK 99801-1182
POSITION STATEMENT: Sponsor of HB 35.
PAT DAVIDSON, Legislative Auditor
Legislative Audit Division
Alaska State Capitol
Juneau AK 99801-1182
POSITION STATEMENT: Supported SCS HB 35.
SAM KITO III
Alaska Professional Design Council
Anchorage AK
POSITION STATEMENT: Supported SCS HB 35.
KENNETH MAYNARD, Chairman
Architects, Engineers and Land Surveyors Board (AELS)
Anchorage AK
POSITION STATEMENT: Supported SCS HB 35.
SHAWN FLORIO
Alaska Public Design Council (APDC)
Anchorage AK
POSITION STATEMENT: Supported SCS HB 35.
RYAN MOORE
Staff to Senator Huggins
Alaska State Capitol
Juneau AK 99801-1182
POSITION STATEMENT: Commented on SJR 15 for sponsor.
ACTION NARRATIVE
CHAIR CON BUNDE called the Senate Labor and Commerce Standing
Committee meeting to order at 1:34:20 PM. Present were Senators
Ben Stevens, Bettye Davis, Johnny Ellis and Chair Con Bunde.
SB 149-PROTECTION OF PERSONAL INFORMATION
CHAIR CON BUNDE announced SSSB 149 to be up for consideration.
He recapped that he had asked Senator Ellis and Senator Guess to
develop a single bill on identity theft, which is now SB 149.
SENATOR GUESS, sponsor, explained that the first two sections of
SB 148 were similar to the first two sections of SB 149 and
therefore she is still referring to SB 149, version \Y. She
informed the committee that there had been three more public
security breaches since the last hearing.
1:36:27 PM
SENATOR GUESS said there were three concerns at the last
meeting. One was federal legislation that Diane Feinstein
introduced that has had one hearing, hasn't moved and doesn't
have any co-sponsors. It insures what is in Article 1 of SB 149,
which says if you have a security breach, you have to tell
people about it. She did not believe the Alaska legislature
would be treading on something the federal government is
addressing right now.
Second - the Choice Point letter - She talked to Linda Hall,
Division of Insurance, and it is not her opinion that anything
in this bill would lead to increased insurance premiums, which
is in disagreement with the letter.
Third, Senator Seekins was concerned about consumers needing to
have access to their credit reports within 24 hours to make a
purchase. This resulted in Amendment 1, labeled Y.2, which is
also supported by Progressive Insurance. The amendment allows
immediate unfreezing of a security report by E-mail or phone. If
it's by mail, three days are still required, because you never
know where a letter goes in the mail system of a big
corporation.
CHAIR BUNDE noted that the committee received an indeterminate
fiscal note from the Department of Community & Economic
Development (DCED) because it wouldn't know what would happen
without an actual breach of security of state records. He asked
Senator Guess if she referred earlier to security breaches in
the private sector.
SENATOR GUESS replied yes.
1:39:02 PM
CHAIR BUNDE asked if notifying one million people of a breach in
the state security system was a worst-case scenario.
SENATOR GUESS replied that is a worst-case scenario and for a
large population, you don't need to use an individual letter and
that would make the fiscal note almost zero. Notification is
easier than having to notify 1,000 people.
1:40:52 PM
CHAIR BUNDE moved Amendment 1, \Y.2, dated 4/18, and objected
for discussion purposes.
24-LS0809\Y.2
Bannister
11/10/05
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR GUESS
TO: SSSB 149
Page 5, line 1:
Delete "or (2)"
Page 5, lines 1 - 2:
Delete "within three business days after receiving a
request under (a)(3) of this section"
Insert "immediately after receiving a request under (a)(2)
or (3) of this section"
Page 5, lines 28 - 29:
Delete "within three business days after receiving the
request"
Insert "immediately after receiving the request by
telephone or electronic mail or within three business days after
receiving the request by certified mail"
Page 6, line 31, through page 7, line 1:
Delete "within three business days"
Insert "immediately"
Page 8, line 18 - 19:
Delete "not later than three business days after receiving
your request"
Insert "immediately after receiving your request if you
make the request by telephone or electronic mail, or within
three business days after receiving your request if you make
the request by certified mail"
SENATOR GUESS said the amendment addresses the immediacy concern
expressed by Senator Seekins.
CHAIR BUNDE removed his objections and Amendment 1 was adopted.
1:42:34 PM
BARBARA HUFF-TUCKNESS, Director, Governmental and Legislative
Affairs, Teamsters Local 959, supported SB 149 with the
additional amendments. Prior to 911, many of her members worked
for employers that conducted background checks and gathering of
personal information. Since 911 more and more information is
being gathered on behalf of employees and she is working with
the sponsor to make sure that information is duly protected
through things like the proper chain of custody and how
information is disposed of. She pointed out that this is a major
new industry with a lot of companies getting into the business.
CHAIR BUNDE asked the director of the Division of Occupational
Licensing if his information could be breached to the point that
it would be a security risk for the individuals and how would
that impact the division.
RICK URION, Director, Division of Occupational Licensing,
Department of Community & Economic Development (DCED), responded
that he is not an expert in that field, but he said a lawsuit
was filed yesterday about information that was obtained on-line
from the division's system.
1:46:07 PM
SENATOR RALPH SEEKINS joined the committee.
1:46:18 PM
SENATOR BEN STEVENS moved CSSSSB 149(L&C) from committee with
individual recommendations and attached fiscal notes. Senators
Davis, Seekins, Ben Stevens, Ellis and Chair Bunde voted yea;
and CSSSSB 149(L&C) moved from committee.
SB 175-DISPENSING OPTICIANS
CHAIR BUNDE announced SB 175 to be up for consideration. He
moved to adopt CSSB 175(L&C), version F, dated 4/18/05, and
objected for an explanation.
JANE ALBERTS, staff to Senator Bunde, explained that there are
two small changes to the bill - one is on page 3, lines 10 - 11
and lines 14 and 15 changing the required hours from 1,800 to
2,000 to mirror requirements of the U.S. Department of Labor
Apprenticeship Program, which is taking over administration of
the program.
Another change is on page 6, line 28, where AS 08.01.016 was
removed under the repeal section for consistency. Also, a list
of which states do and do not license opticians was included.
The most recent information is from 2003.
RICK URION, Director, Division of Occupational Licensing,
reported that at the beginning of FY03 there was a deficit of
$38,700, but that has been reduced to $16,700. He recently
completed the biennial review of fees for licensing under this
board and determined that they would stay the same for the next
licensing period. In two years the deficit would be gone and
fees would then be reduced.
CHAIR BUNDE recapped that this bill has the board sunset and his
division would take over licensing. He asked if the fee would be
adequate for his department to take over the job.
MR. URION replied yes.
LARRY HARPER, Chair, American Board of Opticianry, said he was
available to answer questions.
1:54:02 PM
SENATOR SEEKINS moved to pass CSSB 175(L&C) from committee with
individual recommendations and attached fiscal notes. Senators
Davis, Seekins, Ellis, Ben Stevens and Chair Bunde voted yea;
and CSSB 175(L&C) moved from committee.
SB 138-MOTOR VEHICLE DEALER SALES
CHAIR CON BUNDE announced SB 138 to be up for consideration.
SENATOR RALPH SEEKINS moved to adopt CSSB 138(L&C), version I.
CHAIR BUNDE objected for discussion purposes.
SENATOR SEEKINS explained that he is an automobile dealer of
both new and used cars. The bill clears up a conflict in the law
regarding the definition of a new vehicle and who can sell one.
The definition of a new motor vehicle is one that retains the
Manufacturer's Certificate of Origin. Once a vehicle is sold to
a retail purchaser, the sticker is turned over to the Department
of Motor Vehicles (DMV) and a new vehicle is defined as one that
has never had that manufacturer's certificate turned over for
titling. However, he could still transfer a new vehicle to
another franchise dealer without it becoming a used vehicle.
1:58:24 PM
DWAYNE BANNOCK, Division of Motor Vehicles, said his one concern
disappeared with the CS. Previous versions had greater
descriptive language of what a new vehicle was and that was not
helpful to the division.
1:59:32 PM
ED SNIFFEN, Department of Law, had no problems with new version.
2:00:19 PM
SENATOR SEEKINS moved to pass CSSB 138(L&C) from committee with
individual recommendations and attached fiscal notes. Senators
Seekins, Ben Stevens, Ellis, Davis and Chair Bunde voted yea;
and CSSB 138(L&C) moved from committee.
SB 165-CARD ROOMS & OPERATIONS
CHAIR CON BUNDE announced SB 165 to be up for consideration.
2:01:50 PM
SENATOR RALPH SEEKINS moved to adopt CSSB 165(L&C), version L.
CHAIR BUNDE objected to explain the changes in the CS. It adds
the term "rake" and defines it as the house money that is
retained from a card game. He reminded people that card games
for money are currently legal in Alaska as long as the house
doesn't get paid for putting the game on. It also gives the
department the power to determine what the maximum rake for
games played in the card room would be and removes a minimum
wager so the department only decides what maximum wagers are. It
also adds the provision that only players in a card game may
place a wager on that game.
Section AS 05.18.200 changes licensing for card rooms. If the
population is lower than 30,000 people, a license may be issued
only if an ordinance is adopted by the municipality and ratified
by a vote of the people. It also changes the number of licensed
facilities so that a population of 59,900 can have two
facilities and a population of 60,000 or more can have a maximum
of three card rooms.
Section AS 05.18.210 removes submission of design from the title
because it doesn't really relate to the design.
Section AS 05.18.900 adds number 13 - a player means an
individual actively participating in a card game and 14, a rake
is defined as a set fee or percentage of the total amount
wagered by all the players in the game in the course of that
game.
2:04:29 PM
ROGER GAY, Big Lake resident, didn't like some provisions in the
bill. His community has a lot of fun with no buy-ins - playing
Texas Hold 'Em and receiving prizes donated by the local
businesses. The bigger part of the game is entertainment and he
thought the bill targeted tourists.
Further, Mr. Gay said that putting all the money into the State
Gaming Fund is unconstitutional under the no dedication of funds
provision in the Alaska Constitution.
CHAIR BUNDE replied that the state has a number of dedicated
funds, which are not permanent and can be changed by any future
legislature. The monies are accounted separately and have
legislative intent. He used the duck stamp tax as an example.
MR. GAY said he opposed, "creating a department with its own
slush fund to be used as it sees fit." He said that AS
18.110(2)(d) says the department can enter a game room to
determine compliance or non-compliance and it doesn't need to
have probable cause. He thought there should be a presumption
that things are done right, not that things are being done
wrong.
2:08:35 PM
He also thought that the uncompensated Card Room Advisory Board
would soon be subject to outside pressures and should,
therefore, get compensated. AS 05.18.170, the suspension of
license section, used "reasonable time" and he thought the
number of days should be specified. He also thought the non-
refundable $25,000 application fee was too much.
What is the state doing that it deserves $25,000 to go
into the State Gaming Fund! The applicant having to
pay for the investigation and reinvestigation - if you
want to investigate somebody, you do it on your own
dime. Otherwise you can investigate and reinvestigate
somebody day after day after day presuming that you
always have a right to do so and that would just
amount to harassment.
Ten thousand dollars a table - right now we're playing
for free. If you make somebody pay $10,000 for a
table, who do you think is going to pay for that? It's
the players. The people who are playing out here in
the Valley at the moment are merely looking for
entertainment. We're not bringing home any cash. If
you make somebody pay $10,000 a table, the rake is
going to be bigger and [indisc.] - $500,000 cash bond?
To be at the disposal of this department? Without
restriction? Once again, what's the state doing that
it deserves to have a $500,000 cash bond at its
disposal without restriction?
MR. GAY asked if tournaments in AS 15.18.230 are only for
education groups or any non-profit group. He also didn't see any
reason someone couldn't give to the same group year after year.
Restricting the Valley to just two operators was not a good idea
either, because more operators would benefit more charities.
2:15:19 PM
CHAIR BUNDE said he didn't think this bill would stop games for
fun. He recalled that a few years ago some cribbage games were
thought to be played for money and stopped because they were
illegal and:
What's happening in the Valley now may be beyond what
is legal. So, you may want to look into that, but in
any case I don't think this bill would affect those
games for fun....
MR. GAY said that the bill does not include pinochle and other
cards games and asked why the bill doesn't say that card games
in general can be played.
RYAN MCKINSTER, staff to Senator Cowdery, sponsor, said this
bill is totally separate from those other games. Card rooms are
specifically defined in the bill to be a structure in which card
games are played under licensees and if one is not a licensee,
this bill doesn't address them.
2:17:55 PM
SENATOR SEEKINS asked if he had any legal opinions on the
effects this would have on the Gaming Act.
MR. MCKINSTER replied yes and it says this is a Class 2 type of
game. It's non-banked, which all these games are and the state
already allows Class 2 games.
So, it doesn't affect it. If it goes to a bank
version, that's when we would open up Class 3 gaming,
which would be blackjack or games where the house has
a stake in the game.
SENATOR SEEKINS said one independent counsel that he talked to
had concerns that there is no public comment or notification on
an application, nor is there municipal or state comment. He
thought this would precipitate a great number of applications
for permits and several issues are already pending in court.
2:20:42 PM
CHAIR BUNDE said the law allows three game rooms in communities
with populations up to 60,000, but he wanted to know if Indian
land could have as many as it wanted.
MR. MCKINSTER replied this bill would not be restricting games
on Indian land. They can currently do this according to the
decision the Indian Gaming Commission made on New York's non-
bank card games.
CHAIR BUNDE clarified that they can have card rooms, but can't
take a rake.
MR. MCKINSTER replied, "True...."
2:21:47 PM
SENATOR SEEKINS reiterated that there are pending issues in
courts that would be wise for the committee to look at. Some
legal opinions say if a tribe were to buy some land in downtown
Anchorage, it could designate it as Indian land, which would
subject it to the Indian Game Act.
CHAIR BUNDE said that as he understands it, any expansion of
Indian gaming would be limited to what state law allows.
MR. MCKINSTER replied that Class 2 gaming laws apply to them,
too. However:
The issue does arise when you get to Class 3 games,
which are casino style games. They don't have to
designate anything. They can do everything if Class 3
is opened up, which this bill doesn't address. We're
not getting to that level of gaming.
2:23:17 PM
CHAIR BUNDE asked if language on waivers for rehabilitated
felons is boilerplate from other issues like pulltabs.
MR. MCKINSTER replied yes.
2:24:25 PM
SENATOR DAVIS said the previous speaker had some valid concerns
that she thought should be addressed.
CHAIR BUNDE responded that his impression was that the previous
speaker didn't want competition with their "fun games."
SENATOR DAVIS replied that she understands that, but he
mentioned some valid concerns.
MR. MCKINSTER replied that the previous speaker's issues were
not with this bill in general, but he said he would be glad to
address specific issues if she could identify those.
It's understandable, if they're doing games for no
profit, a license fee of $10,000 is unreasonable. In
this bill we're not addressing those games. We're
addressing businesses that are actually going to make
a profit off of this. So, we think it's reasonable for
a $10,000 per table fee.
2:25:45 PM
SENATOR DAVIS said she thought $10,000 was unreasonable.
MR. MCKINSTER replied that the $10,000 is a number the sponsor
came up with after looking at other fees. Washington has a
$5,000 fee that is graduated depending on the number of tables.
It is intended that this system be fully self-funded from
program receipts.
CHAIR BUNDE said his concern was that the state doesn't end up
subsidizing the cost of regulating card rooms.
2:26:24 PM
LARRY MEYERS, Department of Revenue, said Brett Fried, the
department's economist, could best comment on that issue.
2:26:57 PM
BRETT FRIED, Economist, Department of Revenue (DOR), reiterated
the department's assumptions to come up with the fiscal note. He
said they didn't know how many tables there would be in each
card room. Assuming 13 card rooms and 15 tables in each, he
anticipated $609,000 in total costs.
SENATOR DAVIS asked if there would be any cost to the state if a
card room fails.
MR. FRIED replied that the department could only estimate and
came up with $609,000 to the state that would cover
investigations and administration of the program.
SENATOR DAVIS asked who would bear the cost overruns.
MR. FRIED replied the state would.
2:30:19 PM
CHAIR BUNDE said that one of his concerns was on page 15 that
says people could be investigated for any cause.
MR. MCKINSTER replied that is boilerplate language and is the
same used with alcohol licensing. Establishments are agreeing to
be open for investigation.
2:31:44 PM
SENATOR COWDERY, sponsor, said he introduced this bill because
card games are getting to be more popular and he wanted to see
them out in the open.
2:35:59 PM
DAVID SANDEN, representing himself, said he has extensive
experience in legal gambling in Alaska, but not in gaming. He
understands the intent of this bill, but he cautioned there are
lots of unknowns that will come with it.
It's the next step in gambling in the State of Alaska
and you, gentlemen and ma'am, have grave
responsibility in making sure this is done, if it is
done at all, very slowly and you'd better make sure
you know what the consequences are.
MR. SANDEN said the bill is trying to capitalize on gambling as
a revenue source for the state and to promote tourism as opposed
to a family playing games for fun.
2:37:31 PM
If there were gaming permits, Juneau would have only one and
only people with a lot of money would be eligible to apply. He
didn't know how many people have that much money. He thought the
$10,000 was a miniscule fee, but the $25,000 application fee
first, with no guarantees, would be a stretch.
2:42:06 PM
MR. SANDEN said that gambling is a vice and the fees and bond
are expensive. Less than one percent of Juneau residents have
that money. Because Juneau could only have one game room, it
would be granted a monopoly. In lieu of charging such a large
application fee and bond he thought lawmakers should consider
making the regulations much more stringent. Once gambling is
sanctioned by the state, the punishment for violations must be
severe.
2:43:41 PM
Another concern he had was with the Card Room Advisory Board,
which will serve for five years, is appointed by the governor
and will not be paid. He asked what kind of people would do that
- two people from the clergy or the conservative right who are
opposed to vice and two people who are pro-gambling interests?
In short, he asked what the criteria are for being on the board.
2:45:04 PM
SENATOR SEEKINS referenced page 2 of the legal opinion that was
given to Representative Kott that had ominous overtones that
should be addressed.
It's not safe to assume that there are no other Indian
lands in Alaska and also that there is a framework
here that would require us upon application from a
tribe to enter into a state/tribal compact, which we
have not done on any basis in the past that I'm aware
of.
He said that he understands there has already been one Indian
Gaming Commission license issued to one of the villages in
Southeast Alaska, although it has never been activated. He
didn't want to put the state in the position of trying to
determine if lands purchased by a recognized tribe are tribal
lands or not and of being able to deny entering into
tribal/state compacts. He said he would request an additional
assignment for this bill to go to the Judiciary Committee to
give time for those answers.
2:47:34 PM
SENATOR JOHNNY ELLIS asked what existing referrals the bill has.
CHAIR BUNDE answered, "Finance."
2:47:59 PM
SENATOR SEEKINS moved CSSB 165(L&C), version L, from committee
with individual recommendations. Senators Ellis, Davis, Seekins,
Ben Stevens and Chair Bunde voted yea; and CSSB 165(L&C) moved
from committee.
HB 35-EXTEND BD ARCHITECTS/ENGINEERS/SURVEYORS
CHAIR CON BUNDE announced HB 35 to be up for consideration.
2:49:57 PM
CHAIR BUNDE moved to adopt SCS HB 35(L&C), version I, that
inserts landscape architects, which was omitted previously. A
conforming title amendment would be needed. He then objected to
discuss the change with the bill's sponsor.
REPRESENTATIVE VIC KOHRING, sponsor, explained that HB 35
extends the sunset date of the Board of Registration of
Architects, Engineers, Land Surveyors by four years until 2009.
He said that SCS is acceptable to him. The Legislative Audit
Division concluded that the board is successfully carrying out
its mission and is operating in the best public interest and
recommended that it be allowed to continue.
2:51:42 PM
PAT DAVIDSON, Legislative Auditor, said she recommended an
extension of the board to 2009. She also had a recommendation to
the board regarding the continuing evolution of the engineering
profession. Alaska currently recognizes core disciplines of
civil, chemical, electrical, mechanical and mining and
petroleum. Other states have recognized sub-disciplines in the
engineering profession and she suggested conducting a
comprehensive study, in conjunction with the University of
Alaska or the State Society, regarding public benefits and the
related costs associated with recognizing additional engineering
specialties in Alaska's licensing structure. The report
recommended that the legislature consider making the landscape
architect a full voting member of the board.
CHAIR BUNDE said that is what the SCS does.
2:53:38 PM
SAM KITO III, Alaska Professional Design Council, supported HB
35. He didn't think the landscape architect needs a full seat.
He explained that the SCS temporarily extends a temporary non-
voting member for an additional four years. The purpose for that
in his organization's mind is to allow time to work with the
board to identify the boundaries for the practice of landscape
architecture.
2:55:42 PM
CHAIR BUNDE corrected himself saying that the SCS says the
landscape architect is a non-voting member.
2:56:02 PM
KENNETH MAYNARD, Chair, Architects, Engineers and Land Surveyors
Board (AELS), supported SCS HB 35(L&C). The board would accept
the temporary non-voting landscape architect position.
2:57:12 PM
SHAWN FLORIO, Alaska Public Design Council (APDC), supported SCS
HB 35.
2:57:38 PM
SENATOR SEEKINS moved to pass SCS HB 35(L&C) from committee with
individual recommendations. Senators Davis, Seekins, Ben Stevens
and Chair Bunde voted yea; and SCS HB 35(L&C) moved from
committee.
SJR 15-BAN LAWSUITS AGAINST FIREARMS INDUSTRY
CHAIR CON BUNDE announced SJR 15 to be up for consideration.
RYAN MOORE, staff to Senator Huggins, sponsor, said the
resolution addresses the abuse of the nation's courts through
predatory lawsuits against the U.S. by asking Congress to stop
prosecution of this industry for misbehavior by criminals over
which they have no control. Alaska is one of 33 other states
that have passed legislation protecting firearms and ammunition
manufacturers and this resolution will advocate for the current
legislation in the U.S. Congress, SB 397 and HR 800. Those cases
are often unsuccessful and their costs threaten an important
industry in America. In addition, these lawsuits do nothing to
curb criminal gun violence.
CHAIR BUNDE asked if he knew the status of that federal
legislation.
MR. MOORE replied that the two bills he mentioned haven't moved
since they were first read.
3:00:38 PM
SENATOR SEEKINS moved SJR 15 from committee with individual
recommendations and attached fiscal notes. Senators Davis, Ben
Stevens, Seekins and Chair Bunde voted yea; and SJR 15 moved
from committee.
SCR 10-SUSPEND UNIFORM RULES FOR HB 35
CHAIR BUNDE noticed that a title change amendment went with SCS
HB 35.
SENATOR RALPH SEEKINS moved and asked unanimous consent to pass
SCR 10, A, Bannister, 4/21/05, from committee. There were no
objections and it was so ordered. There being no further
business to come before the committee, Chair Bunde adjourned the
meeting at 3:03:10 PM.
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