04/06/1995 12:01 PM Senate RLS

                     SENATE RULES COMMITTEE                                    
                         April 6, 1995                                         
                           12:01 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Mike Miller, Chair                                                    
 Senator Bert Sharp                                                            
 Senator Judy Salo                                                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Drue Pearce, Vice Chair                                               
 Senator Jim Duncan                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR HOUSE BILL NO. 146(L&C) am                                             
 "An Act relating to an Iditarod mushing sweepstakes."                         
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 146 - Finance report 3/28/95.                                              
          Rules minutes dated 4/5/95.                                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Teresa Sager                                                                  
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Offered information on SCS CSHB 146(RLS)               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 95-5, SIDE A                                                             
  CHAIRMAN MILLER  called the Senate Rules Committee meeting to order          
 at 12:01 p.m.  He brought  CSHB 146(L&C) am  (SLED DOG RACE CLASSIC)          
 back before the committee and directed attention to a proposed SCS            
 CSHB 146(RLS).                                                                
                                                                               
 TERESA SAGER, staff to Chairman Miller, explained that Legal                  
 Services brought to the committee's attention a problem with the              
 last page of SCS CSHB 146(FIN).  Page 3 defines "mushing                      
 sweepstakes" to mean to a game of chance where a prize of money is            
 awarded for the closest guess or guesses of at least three elements           
 of uncertainty about the Iditarod sled dog race that cannot be                
 determined prior to the commencement of the race, etc.  The drafter           
 indicated that on line 2 of page 3 naming the Iditarod as part of             
 the definition of "mushing sweepstakes" creates a local and special           
 legislation problem, and he has recommended that "the Iditarod" on            
 line 2 be deleted and replaced with the word "a."  That change is             
 the only difference between the Rules SCS and the Finance SCS.  Ms.           
 Sager added that the legislation still limits what races or what              
 entities may participate in a mushing sweepstakes, but this is not            
 the same kind of problem.                                                     
                                                                               
 SENATOR SHARP noted that "Iditarod" is maintained throughout that             
 paragraph except for that one area.  MS. SAGER agreed and pointed             
 out that in his memo the drafter stated that while it is his                  
 opinion that limiting the application of a general law, locally or            
 specially, is no less violative of the prohibition on local or                
 special acts in the Constitution, starting with a general law and             
 then limiting its application at least provides an argument that              
 the legislature has attempted to abide with the constitutional                
 requirements in this regard.                                                  
                                                                               
 There being no further testimony on the Rules SCS, CHAIRMAN MILLER            
 asked for the will of the committee.                                          
                                                                               
 SENATOR SHARP moved that SCS CSHB 146(RLS) be adopted.  Hearing no            
 objection, the Chairman stated the motion carried.                            
                                                                               
 SENATOR SHARP moved SCS CSHB 146(RLS) be approved for calendaring.            
 Hearing no objection, it was so ordered.                                      
 There being no further business to come before the committee, the             
 meeting was adjourned at 12:07 p.m.