02/06/2007 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB59 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 59 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 6, 2007
1:30 p.m.
MEMBERS PRESENT
Senator Johnny Ellis, Chair
Senator Gary Stevens
Senator Bettye Davis
Senator Lyman Hoffman
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 59
"An Act relating to the use of broadcasting to promote
charitable raffles and lotteries."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 59
SHORT TITLE: BROADCASTING PROMOTING CHARITABLE GAMING
SPONSOR(s): SENATOR(s) STEVENS
01/19/07 (S) READ THE FIRST TIME - REFERRALS
01/19/07 (S) L&C
WITNESS REGISTER
SCOTT SMITH, President
Alaska Broadcasters Association
Anchorage AK
POSITION STATEMENT: Supported SB 59.
DENNIS EGAN, President and General Manager
Alaska Juneau Communications
Juneau AK
POSITION STATEMENT: Supported SB 59.
ACTION NARRATIVE
CHAIR JOHNNY ELLIS called the Senate Labor and Commerce Standing
Committee meeting to order at 1:30:59 PM. Present at the call to
order were Senators Davis, Bunde, Stevens and Ellis.
SB 59-BROADCASTING PROMOTING CHARITABLE GAMING
CHAIR JOHNNY ELLIS announced SB 59 to be up for consideration.
SENATOR GARY STEVENS, sponsor of SB 59, presented the sponsor
statement. Currently Alaska statute prohibits broadcasters from
airing advertisements of charitable gaming activity. Statutes
ban only radio and TV advertising, but newspapers can conduct
this activity. For example, local church and Boy Scout raffles
cannot be promoted by local radio and TV stations. Even various
statewide fundraisers, like the Iditarod, may not be promoted by
broadcasters and this reduces the ability of organizations to
fund raise. He said SB 59 is endorsed by the Alaska
Broadcaster's Association.
1:32:56 PM
SENATOR HOFFMAN joined the committee.
SCOTT SMITH, President, Alaska Broadcasters Association, said he
is also General Manager of Morris Communications in Anchorage
and an owner of Kodiak Island Broadcasting; he supported SB 59.
He said these elements are not regarded as a large influx of
cash; it's rather about the issue of having a level playing
field for advertising charitable gaming events. He added that
the current law actually impedes positive governmental interests
by prohibiting Alaska's broadcasters from assisting nonprofit
organizations in their efforts to raise money to reach their
goals.
CHAIR ELLIS asked if there had been any legal challenges in
reference to equal protections issues.
MR. SMITH replied no. However, there are those who want to
pursue a legal course.
DENNIS EGAN, President and General Manager, Alaska Juneau
Communications, said he is also a board member of the Alaska
Broadcasters Association, and supported SB 59. He said current
Alaska statute treats broadcasters unfairly by banning - only
from radio and TV - the advertising of lawful charitable gaming
or conduct. Newspapers and related media are free to advertise
this very same activity.
MR. EGAN said that recognizing the unfair burden placed upon
broadcasters nationwide, Congress passed a charity games
advertising clarification act in 1988 that became effective in
1990 and opened the door for broadcasters to advertise for a
charity, but not to conduct charitable gaming. The new federal
law left it up to individual states to ratify it or not. To this
date, nearly every state has allowed its broadcasters to become
consistent with the federal law. Not one problem has been
encountered.
He pointed out that under the Charitable Games Advertising Act,
federal law prohibits the acceptance of any advertising from a
business whose primary purpose is conducting gaming activity,
charitable or otherwise. He feels that being allowed to announce
that the local volunteer fire department is having a raffle to
raise funds for CPR equipment or that the Senior Center is
selling tickets for the Caravan is not detrimental to anyone. He
said:
Alaska broadcasters are not trying to
suggest to you what activities should be
permissible in the state of Alaska. What we
are asking is that all media including
print, electronic, direct mail, even the
signs we see on municipal buses, have the
same ground rules when it comes to
promotion.... As a federal licensee,
broadcasters are one of the most highly
regulated industries in the United
States....
1:40:41 PM
SENATOR BUNDE said he believed in equity in advertising, but he
noted that the things Mr. Egan listed were more like public
service announcements (PSAs) and he asked if he meant to include
groups other than those as well.
MR. EGAN replied yes. He said the PSAs are aired free by
broadcasters and the print media. If print was giving away a
public service announcement or display advertisement talking
about a raffle, they would be able to run that at no charge, but
broadcasters aren't allowed to run that even free of charge.
"It's not a free of charge-charging issue." They are prohibited
by law.
1:42:41 PM
CHAIR ELLIS asked what other states do.
MR. EGAN replied only three states haven't ratified the federal
act.
1:44:02 PM
SENATOR BUNDE asked who proposed this measure and who opposes
it. He also asked for the reasons this was disallowed in the
first place.
SENATOR STEVENS replied that the Alaska Broadcasters Association
asked him - last year, actually - to sponsor the bill. It didn't
make it through the process last year, but it had no strong
opposition.
CHAIR ELLIS said his committee had not heard of any opposition.
He noted that he would take further testimony on SB 59 in the
next meeting. There being no further business to come before the
committee, he adjourned the meeting at 1:45:53 PM.
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