Legislature(1993 - 1994)
1993-05-08 House Journal
Full Journal pdf1993-05-08 House Journal Page 1699 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Saturday May 8, 1993 One Hundred Eighteenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 2:38 p.m. Roll call showed 30 members present. Representatives Brice, Brown, Carney, Davidson, Finkelstein, Hanley, Hoffman, MacLean, Navarre and Nicholia were absent. The invocation was offered by the designated Chaplain for the day, Representative Sitton. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Heavenly Father, We ask Your blessings on the deliberations of this House and help us minimize the damage this Legislature does to the poor and innocent people of Alaska. Amen." The Pledge of Allegiance was led by Representative Porter. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 117th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1 1993-05-08 House Journal Page 1700 MESSAGES FROM THE GOVERNOR HCR 16 A message dated May 7, 1993, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 16 Relating to establishing the coal policy of the state. Legislative Resolve No. 11 ***The presence of Representatives Nicholia and Carney was noted. HJR 41 A message dated May 7, 1993, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 41 Relating to consideration of individual fishery quota shares block proposals by the North Pacific Fishery Management Council. Legislative Resolve No. 14 HB 99 A message dated May 7, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 99 "An Act repealing the 65-day time limit for approval or disapproval of a proposed oil discharge contingency plan by the Department of Environmental Conservation; and providing for an effective date." Chapter No. 16, SLA 1993 Effective Date: May 8, 1993 1993-05-08 House Journal Page 1701 HB 279 A message dated May 7, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 279(L&C) "An Act extending the termination date of the Alaska Public Utilities Commission to June 30, 1994." Chapter No. 14, SLA 1993 Effective Date: August 5, 1993 SB 57 A message dated May 7, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 57 "An Act relating to employment contributions and to extending the pilot project for the state training and employment program; and providing for an effective date." Chapter No. 17, SLA 1993 Effective Date: See Chapter ***The presence of Representatives Brown and Finkelstein was noted. SB 85 A message dated May 7, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 85(FIN) am "An Act deleting a requirement that certain members of the board of directors of the Alaska Tourism Marketing Council be substantially involved in a visitor or recreation industry business; relating to the selection of a presiding officer for the Alaska Tourism Marketing Council; requiring that the council's tourism marketing program include promotion of the state as a destination and promotion of all forms of travel to the state, including travel 1993-05-08 House Journal Page 1702 SB 85 by air, highway, and water; extending the termination date of the Alaska Tourism Marketing Council; requiring the council to consider methods to fund tourism marketing using both public and private assets and to consider methods to provide for the financial self-sufficiency of the council; and providing for an effective date." Chapter No. 15, SLA 1993 Effective Date: May 8, 1993 SB 122 A message dated May 7, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR SENATE BILL NO. 122(JUD) "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." Chapter No. 12, SLA 1993 Effective Date: August 5, 1993 SB 174 A message dated May 7, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 174(L&C) am "An Act exempting certain taxicab operators from coverage under the Alaska Wage and Hour Act, the Alaska Employment Security Act, and the Alaska Workers' Compensation Act; and providing for an effective date." Chapter No. 13, SLA 1993 Effective Date: May 8, 1993 MESSAGES FROM THE SENATE HB 148 A message dated May 8, 1993, was read stating the Senate has passed: 1993-05-08 House Journal Page 1703 HB 148 HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date." The Senate adopted the State Affairs Committee Letter of Intent (page 1651 of the Senate Journal). HB 148 was referred to the Chief Clerk for enrollment. HB 196 A message dated May 8, 1993, was read stating the Senate has passed: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war." SSHB 196 was referred to the Chief Clerk for enrollment. HB 158 A message dated May 8, 1993, was read stating the Senate has passed CSHB 158(L&C) with the following amendment: SENATE CS FOR CS FOR HOUSE BILL NO. 158(L&C) "An Act making appropriations for contract settlement costs and cost-of-living adjustments for public employees who are members of certain collective bargaining units; and providing for an effective date." CSHB 158(L&C) is under Unfinished Business. HB 236 A message dated May 8, 1993, was read stating the Senate has passed CSHB 236(RLS) am with the following amendment: CS FOR HOUSE BILL NO. 236(RLS) am S "An Act relating to notices for the sale of certain real property." 1993-05-08 House Journal Page 1704 HB 236 CSHB 236(RLS) am is under Unfinished Business. REPORTS OF STANDING COMMITTEES HB 168 The Finance Committee has considered: HOUSE BILL NO. 168 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 168(FIN) "An Act allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs 1993-05-08 House Journal Page 1705 HB 168 on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees each quarter at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees each quarter at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income each quarter; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner 1993-05-08 House Journal Page 1706 HB 168 regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Larson, Foster No recommendation (4): Hanley, Parnell, Grussendorf, Brown Amend (2): Martin, Therriault The following fiscal note applies to CSHB 168(FIN): Fiscal note, Dept. of Revenue, 5/8/93 HB 168 is on today's calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Kake Thunderbirds Girls Basketball Team By Representative Mackie; Senator Zharoff Honoring - Klawock Chieftains Girls Basketball Team By Representative Mackie; Senator Zharoff Honoring - Skagway Panther Basketball Team By Representative Mackie; Senator Zharoff Honoring - Craig Panthers Boys Basketball Team By Representative Mackie; Senator Zharoff 1993-05-08 House Journal Page 1707 ***The presence of Representative Hoffman was noted. Honoring - Shannon Mallory By Senator Lincoln In Memoriam - Robert Kulstad By Senator Lincoln and, Honoring - His Holiness Aleksy II, Patriarch of Moscow By Senator Zharoff; Representative Davidson which was taken up later as a Special Order of Business. CONSIDERATION OF THE DAILY CALENDAR HB 168 Representative Phillips moved and asked unanimous consent that the following be moved to the bottom of today's calendar: HOUSE BILL NO. 168 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." There being no objection, it was so ordered. SECOND READING OF SENATE BILLS SB 49 The following was read the second time: SENATE BILL NO. 49 "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." 1993-05-08 House Journal Page 1708 SB 49 with the: Journal Page STA RPT HCS(STA) 3DP 3NR 874 -PREV SEN ZERO FN(ADM) 2/1/93 874 FIN RPT 6DP 5NR 1455 -SENATE ZERO FN (ADM) 2/1/93 1456 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 49(STA) (same title) There being no objection, it was so ordered. The Speaker stated that, without objection, HCS SB 49(STA) would be moved to the bottom of today's calendar. SB 51 The following was read the second time: SENATE BILL NO. 51 "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." with the: Journal Page FIN RPT 5DP 6NR 1661 -SENATE FN (DHSS) 3/8/93 1662 Amendment No. 1 was offered by Representative Ulmer: Page 5, line 6, after "camp": Delete ", or a juvenile detention facility." Insert "." Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be adopted. 1993-05-08 House Journal Page 1709 SB 51 Representative Phillips objected. The Speaker stated that SB 51 would be held in second reading, with pending amendments, until the May 9, 1993, calendar. ***The presence of Representatives Davidson, Brice, MacLean, Hanley and Navarre was noted. SB 84 The following was read the second time: SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date." with the: Journal Page JUD RPT 4DP 1NR 1351 -FISCAL NOTE (DPS) 4/20/93 1351 FIN RPT 7DP 4NR 1494 -PREVIOUS FN (DPS) 4/20/93 1494 Representative Phillips moved and asked unanimous consent that SB 84 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 84 am was read the third time. The question being: "Shall SB 84 am pass the House?" The roll was taken with the following result: SB 84 am Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 0 ABSENT: 4 1993-05-08 House Journal Page 1710 SB 84 Yeas: Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Olberg, Sitton Absent: Davidson, Finkelstein, Grussendorf, Hoffman And so, SB 84 am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Brice gave notice of reconsideration of his vote on SB 84 am. SB 142 The following was read the second time: CS FOR SENATE BILL NO. 142(CRA) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 4DP 6NR 1663 -SENATE FN (S.FIN/DCED) 4/8/93 1663 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) (same title) There being no objection, it was so ordered. 1993-05-08 House Journal Page 1711 SB 142 Representative Phillips moved and asked unanimous consent that HCS CSSB 142(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 142(FIN) was read the third time. The question being: "Shall HCS CSSB 142(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 142(FIN) Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brice, Brown, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Toohey, Ulmer, Vezey, Williams, Willis Nays: Bunde, Martin, Olberg, Sitton, Therriault Absent: Davidson, Grussendorf, Hoffman And so, HCS CSSB 142(FIN) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Vezey gave notice of reconsideration of his vote on HCS CSSB 142(FIN). SB 198 The following, which had been held in second reading for today's calendar (page 1692), was again before the House in second reading: 1993-05-08 House Journal Page 1712 SB 198 SENATE BILL NO. 198 "An Act exempting certain activities of the Department of Transportation and Public Facilities from the regulation provisions of the Administrative Procedure Act and allowing other procedures for those activities; and providing for an effective date." Representative Phillips moved and asked unanimous consent that SB 198 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 198 was read the third time. The question being: "Shall SB 198 pass the House?" The roll was taken with the following result: SB 198 Third Reading Final Passage YEAS: 18 NAYS: 21 EXCUSED: 0 ABSENT: 1 Yeas: Carney, Foster, Green, Hanley, Hudson, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre, Parnell, Phillips, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Hoffman, James, Mackie, Menard, Nicholia, Nordlund, Olberg, Porter, Sanders, Sitton, Ulmer, Willis Absent: Grussendorf Porter changed from "Yea" to "Nay". Barnes changed from "Yea" to "Nay". Nicholia changed from "Yea" to "Nay". B.Davis changed from "Yea" to "Nay". And so, SB 198 failed to pass the House. 1993-05-08 House Journal Page 1713 SB 198 Representative Mulder gave notice of reconsideration of his vote on SB 198(fld H). SB 49 HCS SB 49(STA), which had been moved to the bottom of the calendar in second reading (page 1708), was again before the House. Amendment No. 1 was offered by Representative Finkelstein: Page 2, line 12: Delete "$500 [$250]" Insert "$250" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. Representative Brown placed a call of the House and lifted the call. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SB 49(STA) Second Reading Amendment No. 1 YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Hanley, Larson, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Porter, Sitton, Therriault, Toohey, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Hoffman, Hudson, James, Kott, Mackie, MacLean, Moses, Olberg, Phillips, Sanders, Vezey, Williams Absent: Grussendorf 1993-05-08 House Journal Page 1714 SB 49 And so, Amendment No. 1 was adopted. Representative Phillips moved and asked unanimous consent that HCS SB 49(STA) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 49(STA) am H was read the third time. The question being: "Shall HCS SB 49(STA) am H pass the House?" The roll was taken with the following result: HCS SB 49(STA) am H Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Martin, Menard, Olberg, Sitton And so, HCS SB 49(STA) am H passed the House. Representative Ulmer gave notice of reconsideration of her vote on HCS SB 49(STA) am H. RECONSIDERATION SB 49 Representative Ulmer moved and asked unanimous consent that the reconsideration of HCS SB 49(STA) am H be taken up on the same day. Representative Brown objected. 1993-05-08 House Journal Page 1715 The Speaker stated that, without objection, the House would revert to: COMMUNICATIONS HB 119 A memorandum, dated May 8, 1993, from Representative Ulmer to Representative Barnes regarding the following, was read: CS FOR HOUSE BILL NO. 119(JUD) am "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." "In order to facilitate passage of HB 119 in a timely manner, it is my intent to withdraw my name as the bill's sponsor. HB 119 is a bill which will authorize the Court System to implement day fines as a sentencing option. Representative Richard Foster will become the prime sponsor of HB 119. Thank you." The Chief Clerk was instructed to so notify the Senate. CSHB 119(JUD) am is in the Senate Rules Committee. RECONSIDERATION (continued) SB 49 Representative Ulmer moved and asked unanimous consent to withdraw her motion to bring up reconsideration of SB 49 on the same day. There being no objection, it was so ordered. The Speaker stated that the House would recess until 6:00 p.m. And so, the House recessed at 3:42 p.m. 1993-05-08 House Journal Page 1716 AFTER RECESS The House was called back to order at 6:51 p.m. CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF HOUSE BILLS HB 168 The following, which had been moved to the bottom of the calendar (page 1707) was read the second time: HOUSE BILL NO. 168 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." with the: Journal Page L&C RPT 2DP 5NR 588 -FISCAL NOTE (DCED) 3/10/93 588 JUD RPT CS(JUD) NEW TITLE 2DP 3NR 786 -PREVIOUS FN (DCED) 3/10/93 786 FIN RPT CS(FIN) NEW TITLE 3DP 4NR 2AM 1704 -FISCAL NOTE (REV) 5/8/93 1706 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 168(FIN) "An Act allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the 1993-05-08 House Journal Page 1717 HB 168 permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees each quarter at least 30 percent of the 1993-05-08 House Journal Page 1718 HB 168 adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees each quarter at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income each quarter; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Martin: Page 1, line 1, through page 2, line 16 (title amendment): Delete all material and insert: ""An Act prohibiting the sale, manufacture, or distribution of pull-tabs in the state;" Page 2, line 17 (title amendment): Delete "annual licensing fee for pull-tab manufacturers;" Page 2, lines 21 - 22 (title amendment): Delete ", licensee, vendor," Insert "or licensee" 1993-05-08 House Journal Page 1719 HB 168 Page 2, line 23 (title amendment): Delete "or vendor" Page 3, line 3, following "gaming;" (title amendment): Delete all material. Page 3, lines 4 - 5 (title amendment): Delete all material. Page 3, line 6 (title amendment): Delete "of the adjusted gross income from that activity;" Page 3, line 8 (title amendment): Delete "other than pull-tabs" Page 3, line 10, following "activity;" (title amendment): Delete all material. Page 3, lines 11 - 12 (title amendment): Delete all material. Page 3, line 13 (title amendment): Delete "delivered to the vendor by the permittee;" Page 3, lines 17 - 18 (title amendment): Delete ", license, or registration" Insert "or license" Page 3, line 19 (title amendment): Delete "or pull-tab" Page 4, line 2, through page 5, line 20: Delete all material and insert: Renumber the following bill sections accordingly. Page 5, line 23: Delete "," Insert "or [,]" 1993-05-08 House Journal Page 1720 HB 168 Page 5, lines 24 - 25: Delete ", a registered vendor, or a person licensed to manufacture or to distribute pull-tabs in the state" Insert [, OR A PERSON LICENSED TO MANUFACTURE OR TO DISTRIBUTE PULL-TABS IN THE STATE] Page 5, following line 26: Insert new bill sections to read: Renumber the following bill sections accordingly. Page 6, line 10: Delete ", or register as a vendor" Page 6, line 16: Delete "or vendor" Page 6, line 17: Delete "or vendor" Page 6, line 18: Delete "," Insert "or" Page 6, line 19: Delete ", or vendor" Page 7, following line 21: Insert a new bill section to read: Renumber the following bill sections accordingly. Page 8, lines 4 - 7: Delete all material. Renumber the following bill sections accordingly. Page 8, lines 14 - 15: Delete "30 percent of the adjusted gross income, as determined under (1) of this subsection, from a pull-tab activity or at least" 1993-05-08 House Journal Page 1721 HB 168 Page 8, lines 16 - 17: Delete "from a gaming activity other than pull-tabs," Page 10, line 7: Delete "or pull-tab" Page 10, line 11: Delete "new subsections" Insert "a new subsection" Page 10, lines 12 - 14: Delete all material. Reletter the following subsection accordingly. Page 10, line 16: Delete "other than pull-tabs" Page 10, line 19: Delete ", LICENSE," Page 10, line 20: Delete "VENDOR REGISTRATION" Insert "LICENSE" Page 10, line 21: Delete ", license, or vendor registration" Insert "or license" Page 10, lines 22 - 23: Delete ", licensee, or vendor" Insert "or licensee" Page 10, lines 26 - 27: Delete ", licensee, or registered vendor" Insert "or licensee" Page 10, line 29: Delete ", licensee, or vendor" Insert "or licensee" 1993-05-08 House Journal Page 1722 HB 168 Page 10, line 31: Delete ", licensee, or vendor" Insert "or licensee" Page 11, line 1: Delete "or, in the" Page 11, lines 2 - 6: Delete all material Insert "." Page 11, line 7: Delete "or vendor registration" Page 11, line 8: Delete "or vendor" in two places. Page 11, line 9: Delete "registration" Page 11, following line 11: Insert a new bill section to read: Renumber the following bill sections accordingly. Page 12, line 1, through page 15, line 10: Delete all material. Renumber the following bill sections accordingly. Page 15, following line 29: Insert a new section to read: Page 16, lines 5 - 6: Delete ", permit, or vendor registration" Insert "or permit" Page 16, lines 8 - 9: Delete ", permits, and vendor registrations" Insert "or permits" 1993-05-08 House Journal Page 1723 HB 168 Page 16, line 13: Delete "or vendor registration" Page 17, line 11: Delete ", license, or vendor registration" Insert "or license" Page 17, lines 28 - 30: Delete all material. Renumber the following paragraphs accordingly. Page 18, lines 10 - 13: Delete all material. Renumber the following paragraphs accordingly. Page 18, line 15: Delete ";" Insert "." Page 18, line 16, through page 19, line 6: Delete all material. Page 19, line 7: Delete "and 05.15.140(c)" Insert "" Page 19, lines 8 - 9: Delete all material. Renumber the following bill sections accordingly. Page 19, line 10: Delete "12 and 16" Insert "13 and 17" Page 19, line 12: Delete "12 and 16" Insert "13 and 17" 1993-05-08 House Journal Page 1724 HB 168 Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. Amendment to Amendment No. 1 was offered by Representative Mulder: Page 1, following "TO: CSHB 168(FIN)" through page 9: Delete all material Insert: Page 3, line 21, following "community;" (title amendment): Insert "providing for an advisory vote on pull-tabs;" Page 19, following line 6: Insert a new bill section to read: "* Sec. 32. The lieutenant governor shall place before the qualified voters of the state at the November 1994 general election a question advisory to the legislature of whether the sale, distribution, and manufacture of pull-tabs should be prohibited. The question shall appear on the ballot in the following form: Q U E S T I O N Should the sale, distribution, and manufacture of pull-tabs be prohibited? Yes [ ] No [ ]" Renumber the following bill sections accordingly. Representative Mulder moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. Representative Martin objected. Representative Martin rose to a point of order stating that the amendment to Amendment No. 1 was out of order. The Speaker stated that the amendment to Amendment No. 1 was properly before the House. 1993-05-08 House Journal Page 1725 HB 168 Representative Mulder moved and asked unanimous consent to withdraw the amendment to Amendment No. 1. There being no objection, it was so ordered. New Amendment to Amendment No. 1 was offered by Representative Mulder: Page 1, following "TO: CSHB 168(FIN)" through page 9: Delete all material Insert: "Page 3, line 21, following "community;": Insert "providing for an advisory vote on pull-tabs;" Page 19, following line 6: Insert a new bill section to read: "* Sec. 32. The lieutenant governor shall place before the qualified voters of the state at the November 1994 general election a question advisory to the legislature of whether the sale, distribution, and manufacture of pull-tabs should be permitted. The question shall appear on the ballot in the following form: Q U E S T I O N Should the sale, distribution, and manufacture of pull-tabs be permitted? Yes [ ] No [ ]" Renumber the following bill sections accordingly. Representative Mulder moved and asked unanimous consent that the new amendment to Amendment No. 1 be adopted. Objection was heard. Representative Ulmer moved and asked unanimous consent that the question be divided into two parts. The Speaker ruled the question was divisible. Representative Mackie appealed the ruling of the Chair and withdrew the appeal. 1993-05-08 House Journal Page 1726 HB 168 Representative Mulder moved and asked unanimous consent to withdraw the new amendment to Amendment No. 1. There being no objection, it was so ordered, and Amendment No. 1 was again before the House. The Speaker called the House. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Bunde Representative Willis Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 168(FIN) Second Reading Amendment No. 1 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Carney, Davidson, B.Davis, Finkelstein, Green, Hanley, Hoffman, Kott, Martin, Menard, Navarre, Nordlund, Parnell, Phillips, Ulmer, Willis Nays: Brice, Bunde, Davies, G.Davis, Foster, Grussendorf, Hudson, James, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Olberg, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. 1993-05-08 House Journal Page 1727 HB 168 Amendment No. 3 was offered by Representative Martin: Page 1, line 1 through page 2, line 4 (title amendment): Delete all material. Page 2, line 5 (title amendment): Delete "delivered to the vendor by the permittee;" Insert ""An Act" Page 12, line 26, through page 13, line 2: Delete all material. Renumber the following bill sections accordingly. Page 13, lines 12 - 25: Delete all material. Page 14, lines 2 - 4: Delete all material. Reletter the following subsections accordingly. Page 14, line 8: Delete "(c)" Insert "(b)" Page 18, lines 10 - 13: Delete all material. Renumber the following paragraphs accordingly. Page 18, line 20: Delete "if" Page 18, lines 21 - 25: Delete all material. Page 18, line 26: Delete "of this subparagraph," 1993-05-08 House Journal Page 1728 HB 168 Page 18, following line 26: Insert " (i)" Page 19, line 5: Delete "or an" Insert " (ii) an" Page 19, lines 8 - 9: Delete all material. Renumber the following bill sections accordingly. Representative Martin moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Bunde objected. Representative Navarre rose to a point of order regarding inappropriate debate. The Speaker stated the point was well taken. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 168(FIN) Second Reading Amendment No. 3 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, G.Davis, Finkelstein, Hanley, Kott, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Willis Nays: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Foster, Green, Grussendorf, Hoffman, Hudson, James, Larson, Mackie, MacLean, Menard, Nicholia, Phillips, Sitton, Ulmer, Williams 1993-05-08 House Journal Page 1729 HB 168 And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Nordlund: Page 2, line 7, following "laws;" (title amendment): Delete all material. Page 2, lines 8 - 9 (title amendment): Delete all material. Page 2, line 10 (title amendment): Delete "holding a beverage dispensary license;" Page 2, line 14, following "games;" (title amendment): Insert "prohibiting the sale of pull-tabs at any place holding a beverage dispensary license or a package store license;" Page 2, line 15, following "vendors" (title amendment): Insert "of pull-tabs for noncommercial broadcasting stations or networks of those stations" Page 3, line 11, following "vendor;" (title amendment): Delete all material. Page 3, line 12 (title amendment): Delete all material. Page 3, line 13 (title amendment): Delete "delivered to the vendor by the permittee;" Page 13, line 18, following "vendor." (title amendment): Delete "Notwithstanding AS05.15.188(i), if" Insert "If" Page 13, following line 25: Insert a new subsection to read: "(k) Pull-tabs may not be sold at any place having a beverage dispensary license under AS04.11.090 or a package store license under AS04.11.150." 1993-05-08 House Journal Page 1730 HB 168 Page 13, line 28, following "PERMITTEES": Insert "THAT ARE NONCOMMERCIAL BROADCASTING STATIONS OR NETWORKS" Page 13, line 28, after "(a)": Delete "A permittee" Insert "The permittees of multiple-beneficiary charitable gaming permit that is held solely by noncommercial broadcasting stations or networks of those stations" Page 13, line 29: Delete "permittee" in both places. Insert "permittees" in both places. Delete "registers" Insert "register" Page 14, lines 2 - 4: Delete all material. Reletter the following subsections accordingly. Page 14, line 8: Delete "(c)" Insert "(b)" Page 15, line 3: Delete "70" Insert "80" Page 18, line 18, after "permittee": Insert "under AS05.15.188" Page 18, line 20: Delete all material. Insert "(C) the business is a retail establishment or" Page 18, line 24: Delete "; or" Insert "." 1993-05-08 House Journal Page 1731 HB 168 Page 18, line 25, through page 19, line 6: Delete all material. Page 19, line 8: Delete "05.15.188(b)" Insert "05.15.188" Page 19, line 9: Delete "05.15.210(C)(i)" Insert "05.15.210(43)" Page 19, following line 9: Insert a new bill section to read: "* Sec. 34. REVISOR'S INSTRUCTION FOR SECTION 33. Upon the repeal of statutes under sec. 33 of this Act, the revisor of statutes shall remove from AS10.15 all references to vendors and the registration of vendors." Renumber the following bill sections accordingly. Representative Nordlund moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. The Speaker invoked Mason's Manual Section 102. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 168(FIN) Second Reading Amendment No. 4 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Hanley, Hoffman, Kott, Martin, Menard, Nordlund, Ulmer, Willis 1993-05-08 House Journal Page 1732 HB 168 Nays: Brice, Bunde, G.Davis, Foster, Grussendorf, Hudson, James, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams And so, Amendment No. 4 was not adopted. Amendment No. 5 was not offered. Amendment No. 6 was not offered. Amendment No. 7 was offered by Representative Brown: Page 16, after line 2: Insert a new subsection to read: "(b) The following question, appearing alone, may be placed before the voters of a municipality or an established village in accordance with AS05.15.198: "Shall pull-tab sales in . . . . . . . . . . (name of municipality or village) be prohibited? (yes or no)."" Reletter the following subsection accordingly. Page 16, line 3, after "(a)": Insert "or (b)" Page 16, line 6, after "gaming": Insert "or pull-tab sales, as appropriate," Page 16, line 8: Delete "Existing" Insert "As necessary to implement the results of an election under (a) or (b) of this section, existing" Page 16, line 9, after "gaming": Insert "or pull-tab sales" Page 16, lines 11 - 12: Delete "that has prohibited charitable gaming by local option election held under this section" 1993-05-08 House Journal Page 1733 HB 168 Representative Brown moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 168(FIN) Second Reading Amendment No. 7 YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Olberg, Williams And so, Amendment No. 7 was adopted. ANNOUNCEMENTS Finance Committee 9:00 a.m., 5/9 Conference Committee HB 55 10:00 a.m., 5/9 SECOND READING OF HOUSE BILLS (continued) HB 168 Amendment No. 8 was offered by Representative Brown: 1993-05-08 House Journal Page 1734 HB 168 Page 3, line 4 (title amendment): Delete "each quarter" Page 3, line 7 (title amendment): Delete "each quarter" Page 3, line 14 (title amendment): Delete "each quarter" Page 8, line 11: Delete "for each quarter [TWO" Insert "annually [FOR TWO" Page 8, line 13: Delete "for each quarter [TWO" Insert "annually [FOR TWO" Representative Brown moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 8 YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Hudson, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Sitton, Ulmer, Williams, Willis Nays: Barnes, Davies, Foster, Green, Grussendorf, Hanley, Hoffman, James, Kott, Larson, Mackie, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey 1993-05-08 House Journal Page 1735 HB 168 And so, Amendment No. 8 was adopted, and the new title appears below: "An Act allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and 1993-05-08 House Journal Page 1736 HB 168 operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." Amendment No. 9 was offered by Representative Nordlund: Page 1, line 1, following "Act" (title amendment): Insert "establishing a testing program for charitable gaming permittees and operators; relating to the duties of members in charge;" 1993-05-08 House Journal Page 1737 HB 168 Page 3, following line 24: Insert new bill sections to read: "* Sec. 2. AS05.15.020(a) is amended to read: (a) A municipality or qualified organization may conduct an activity permitted under this chapter, if the municipality or qualified organization (1) applies for a permit, pays the appropriate permit fee, and receives an annual permit issued by the department; and (2) designates a member in charge and at least one alternate member in charge under AS05.15.112 who have passed the examination required by AS05.15.112 [THE ANNUAL PERMIT FEE IS (1) $20 FOR AN APPLICANT THAT DID NOT HOLD A PERMIT DURING THE PRECEDING YEAR; (2) $20 FOR AN APPLICANT THAT HAD GROSS RECEIPTS OF LESS THAN $20,000 FROM ACTIVITIES CONDUCTED UNDER THIS CHAPTER DURING THE PRECEDING YEAR; (3) $50 FOR AN APPLICANT THAT HAD GROSS RECEIPTS OF $20,000 OR MORE BUT NOT EXCEEDING $100,000 FROM ACTIVITIES CONDUCTED UNDER THIS CHAPTER DURING THE PRECEDING YEAR; OR (4) $100 FOR AN APPLICANT THAT HAD GROSS RECEIPTS EXCEEDING $100,000 FROM ACTIVITIES CONDUCTED UNDER THIS CHAPTER DURING THE PRECEDING YEAR]. * Sec. 3. AS05.15.020 is amended by adding a new subsection to read: (c) The annual permit fee under (a) of this section is (1) $20 for an applicant that did not hold a permit during the preceding year; (2) $20 for an applicant that had gross receipts of less than $20,000 from activities conducted under this chapter during the preceding year; (3) $50 for an applicant that had gross receipts of $20,000 or more but not exceeding $100,000 from activities conducted under this chapter during the preceding year; or (4) $100 for an applicant that had gross receipts exceeding $100,000 from activities conducted under this chapter during the preceding year." 1993-05-08 House Journal Page 1738 HB 168 Renumber the following bill sections accordingly. Page 7, following line 9: Insert a new bill section to read: "* Sec. 10. AS05.15.112(a) is repealed and reenacted to read: (a) Each municipality or qualified organization that applies for a permit under this chapter shall designate a member in charge and at least one alternate member in charge. The member in charge and alternate members in charge designated must have passed a test formulated by the department on the contents of this chapter and the regulations adopted under this chapter. The department shall administer the test at least four times a year. Municipalities and qualified organizations that hold a multiple beneficiary permit shall jointly designate one member in charge and at least one alternate member in charge." Renumber the following bill sections accordingly. Page 7, following line 17: Insert a new bill section to read: "* Sec. 12. AS05.15.112(b) is repealed and reenacted to read: (b) The member in charge is responsible for preparation, maintenance, and transmittal of all records and reports required of the permittee, and, if the permittee has entered into a contract with an operator under AS05.15.115, for monitoring the operator's performance under and compliance with that contract. The alternate members in charge are responsible for the duties of the member in charge in the absence of the member in charge. The member in charge and the alternate members in charge shall be members of the qualified organization or the board of directors of the qualified organization or employees of the municipality. In the case of a multiple beneficiary permit, the member in charge and the alternate members in charge shall be members of one of the qualified organizations of the board of directors of one of the qualified organizations or employers of one of the municipalities." Renumber the following bill sections accordingly. Page 7, following line 21: Insert a new bill section to read: 1993-05-08 House Journal Page 1739 HB 168 "* Sec. 14. AS05.15.112 is amended by adding a new subsection to read: (e) If a permittee's designated member in charge or sole alternate member in charge resigns or is no longer able to serve as member in charge or alternate member in charge, the permittee has six months to replace the member in charge or alternate member in charge with a person who meets the requirements of this section, and to notify the department of the replacement. If after six months the permittee has not replaced the member in charge or alternate member in charge with a person who meets the requirements of this section, or has not notified the department of the replacement, the permittee's permit is suspended until the requirements of this subsection are met." Renumber the following bill sections accordingly. Page 8, following line 3: Insert a new bill section to read: "* Sec. 16. AS05.15.122(b) is amended to read: (b) The department may issue an operator's license to a natural person, municipality, or qualified organization that (1) applies on the form provided by the department; (2) pays the annual fee of $500; (3) discloses the identity of persons employed by the applicant in a managerial or supervisory capacity; (4) submits proof of liability insurance satisfactory to the department; [AND] (5) posts a bond or security satisfactory to the department in the amount of $25,000 for each permit under which the operator operates up to a maximum of $100,000; and (6) if a natural person, has passed a test formulated by the department on the contents of this chapter and the regulations adopted under this chapter and administered by the department at least four times a year; or, if a municipality or qualified organization, has designated a municipal employee or member of the organization who has passed this test." Renumber the following bill sections accordingly. Page 19, following line 9: Insert a new bill section to read: 1993-05-08 House Journal Page 1740 HB 168 "* Sec. 40. TRANSITIONAL PROVISION. The Department of Commerce and Economic Development shall prepare the tests required by AS05.15.112(a), as amended by sec. 10 of this Act, and by AS05.15.122(b), as amended by sec.16 of this Act, so that they may first be offered no later than January 1994." Page 19, line 10: Delete "12 and 16" Insert " 2, 3, 10, 12, 14, 16, 18, and 22" Page 19, line 12: Delete "12 and 16" Insert "18 and 22" Page 19, following line 12: Insert a new bill section to read: "* Sec. 43. Sections 2, 3, 10, 12, 14, and 16 of this Act take effect January 1, 1995." Renumber the following bill section accordingly. Representative Nordlund moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 9 YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Porter, Sitton, Therriault, Toohey, Ulmer, Willis 1993-05-08 House Journal Page 1741 HB 168 Nays: Foster, Hudson, MacLean, Olberg, Phillips, Sanders, Vezey, Williams And so, Amendment No. 9 was adopted, and the new title appears below: "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of members in charge; allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab 1993-05-08 House Journal Page 1742 HB 168 games; prohibiting distributors from supplying pull-tabs to vendors; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." 1993-05-08 House Journal Page 1743 HB 168 Amendment No. 10 was offered by Representative Porter: Page 3, line 21, following "community;" (title amendment): Insert "providing for an advisory vote related to charitable gaming;" Page 19, following line 6: Insert new bill sections to read: "* Sec. 32. The lieutenant governor shall place before the qualified voters of the state at the November 1994 general election a question advisory to the legislature of whether noncommercial broadcasting stations and networks should be permitted to conduct statewide lotteries. The question shall appear on the ballot in the following form: Q U E S T I O N Should noncommercial broadcasting stations and networks be permitted to conduct statewide lotteries? Yes [ ] No [ ] * Sec. 33. Notwithstanding any other provision of law, the operation and effect of AS05.15.187(g), 05.15.187(j), 05.15.188(b), and 05.15.210(43)(C)(i) are suspended until July1, 1995." Renumber the following bill sections accordingly. Page 19, line 9: Delete "1996" Insert "1998" Representative Porter moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Mackie objected. Representative Mackie rose to a point of order stating Amendment No. 10 was out of order. The Speaker ruled the amendment was properly before the House. Representative Mackie requested a ruling as to whether or not the question was divisible. The Speaker stated the question was divisible. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: 1993-05-08 House Journal Page 1744 HB 168 CSHB 168(FIN) am Second Reading Amendment No. 10 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, G.Davis, Finkelstein, Green, Hanley, Kott, Martin, Mulder, Nordlund, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Foster, Grussendorf, Hoffman, Hudson, James, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Phillips, Sitton, Ulmer, Williams, Willis And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Davies: Page 3, line 21, following "community;" (title amendment): Insert "providing civil penalties, including suspension of liquor licenses and permits, for certain violations of the charitable gaming laws;" Page 3, after line 24: Insert a new bill section to read: "* Sec. 2. AS 04.11.370 is amended by adding a new subsection to read: (b) The board (1) shall suspend, under the conditions and for the periods set out in AS 05.15.200(c)(2) and (3), the license or permit of a person who violates AS05.15; (2) may suspend for the period set out in AS05.15.200(c)(1), the license or permit of a person who violates AS05.15; if the board does not suspend the license or permit, the board shall issue a written statement of the reason the permit or license was not revoked." Renumber the following bill sections accordingly. 1993-05-08 House Journal Page 1745 HB 168 Page 17, following line 12: Insert a new bill section to read: "* Sec. 32. AS05.15.200 is amended by adding a new subsection to read: (c) Notwithstanding any other provision of this chapter, if the commissioner determines that a violation of this chapter by a permittee, vendor, or licensee has occurred, the commissioner shall impose a civil penalty as follows: (1) for a first violation within the preceding 10 years, the commissioner shall, if the permittee, vendor, or licensee had gross receipts of (A) less than $20,000 from activities conducted under this chapter during the preceding calendar year, assess a civil penalty of not more than $1,000, or an amount equal to the monetary gain realized by the permittee, vendor, or licensee as a result of the violation, whichever is greater; or (B) $20,000 or more from activities conducted under this chapter during the preceding calendar year, suspend for 30 days all of the licenses, permits, or registrations held by the permittee, vendor, or licensee; and assess a civil penalty of the greater of (i) at least $1,000, but not more than $5,000; or (ii) an amount equal to the monetary gain realized by the permittee, licensee, or vendor as a result of the violation; if the permittee, vendor, or licensee also holds a license or permit issued under AS04.11, the commissioner shall transmit a copy of the record to the Alcoholic Beverage Control Board and the board may suspend that license or permit for not more than 30 days; (2) for a second violation within 10 years of the first violation, the commissioner shall suspend for one year all of the permits, licenses, or registrations held by the permittee, vendor, or licensee, and assess a civil penalty of the greater of (A) at least $2,500, but not more than $10,000; or (B) an amount equal to the monetary gain realized by the permittee, vendor, or licensee as a result of the violation; if the permittee, vendor, or licensee also holds a license or permit issued under AS 04.11, the commissioner shall transmit a copy of the record to the Alcoholic Beverage Control Board and the board shall suspend that license or permit for at least 30 days; and (3) for a third or subsequent violation within a 10-year period, the commissioner shall revoke all of the permits, licenses, or registrations held by the permittee, vendor, or licensee and 1993-05-08 House Journal Page 1746 HB 168 assess a civil penalty of the greater of (A) at least $10,000, but not more than $25,000; or (B) an amount equal to the monetary gain realized by the permittee, vendor, or licensee as a result of the violation; if the permittee, vendor, or licensee also holds a license or permit issued under AS 04.11, the commissioner shall transmit a copy of the record to the Alcoholic Beverage Control Board and the board shall suspend that license or permit for at least one year; a permittee, licensee, or vendor whose permit, license, or registration has been revoked under this paragraph may not apply for a new permit, license, or registration until at least 10 years have elapsed;" Renumber the following sections accordingly. Page 19, line 10: Delete "12 and 16" Insert "13 and 17" Page 19, line 12: Delete "12 and 16" Insert "13 and 17" Representative Davies moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Mackie objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 11 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Hanley, Kott, Martin, Menard, Navarre, Nordlund, Parnell, Sitton, Ulmer, Willis 1993-05-08 House Journal Page 1747 HB 168 Nays: G.Davis, Foster, Grussendorf, Hoffman, Hudson, James, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Davidson: Page 2, line 14, after "vendors;" (title amendment): Insert "relating to the distribution of pull-tabs from one distributor to another distributor;" Page 12, after line 13: Insert a new bill section to read: "* Sec. 24. AS05.15.185 is amended to read: Sec. 05.15.185. DISTRIBUTION OF PULL-TAB GAMES. Each series of pull-tabs distributed in the state must be sealed and have a serial number label issued by the National Association of Fundraising Ticket Manufacturers or other serial number label approved by the department and may be distributed only to (1) a municipality or a qualified organization that has obtained a permit issued under this chapter; (2) [OR TO] an operator on behalf of an authorizing permittee; or (3) a distributor licensed under this chapter." Renumber the following bill sections accordingly. Representative Davidson moved and asked unanimous consent that Amendment No. 12 be adopted. Objection was heard. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Second Reading Amendment No. 12 YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 1993-05-08 House Journal Page 1748 HB 168 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Sanders And so, Amendment No. 12 was adopted, and the new title appears below: "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of members in charge; allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage 1993-05-08 House Journal Page 1749 HB 168 dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the 1993-05-08 House Journal Page 1750 HB 168 payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." Amendment No. 13 was offered by Representative Therriault: Page 3, line 18, following "registration;": Insert "prohibiting the direct or indirect contribution of any portion of a charitable gaming activity to a candidate for public office, to that candidate's campaign organization, to a political party, or to an organization or club organized under or formally affiliated with a political party; providing that a political organization is not a charitable organization for purposes of participation in charitable gaming" Page 9, line 24, through page 10, line 10: Delete all material and insert: "* Sec. 15. AS 05.15.150(a) is repealed and reenacted to read: (a) The authority to conduct the activity authorized by this chapter is contingent upon the dedication of the net proceeds of the charitable gaming activity to the awarding of prizes to contestants or participants and to educational, civic, public, charitable, patriotic or religious uses in the state. "Educational, civic, public, charitable, patriotic, or religious uses" means uses benefiting persons either by bringing them under the influence of education or religion or relieving them from disease, suffering, or constraint, or by assisting them in establishing themselves in life, or by providing for the promotion of the welfare and well-being of the membership of the organization within their own community, or by erecting or maintaining public buildings or works, or lessening the burden on government, but does not include (1) the direct or indirect contribution of any portion of the proceeds of a charitable gaming activity to a candidate for a public office of the state or a political subdivision of the state, to that candidate's campaign organization, to a political party as 1993-05-08 House Journal Page 1751 HB 168 defined under AS15.60, or to an organization or club organized under or formally affiliated with a political party; (2) the payment of any portion directly or indirectly of the net proceeds of the charitable gaming activity to a lobbyist registered under AS24.45; or (3) the erection, acquisition, improvement, maintenance, or repair of real, personal, or mixed property unless it is used exclusively for one or more of the permitted uses." Page 17, following line 12: Insert a new bill section to read: "* Sec. 31. AS 05.15.210(29) is amended to read: (29) "qualified organization" means a bona fide civic or service organization or a bona fide religious, charitable, fraternal, veterans, labor, [POLITICAL,] or educational organization, police or fire department and company, dog mushers' association, outboard motor association, or fishing derby or nonprofit trade association in the state, that operates without profits to its members and that has been in existence continually for a period of three years immediately before applying for a license; the organization may be a firm, corporation, company, association, or partnership;" Renumber the following bill sections accordingly. Page 19, following line 7: Insert a new bill section to read: "* Sec. 34. AS 05.15.210(27) is repealed." Renumber the following bill sections accordingly. Page 19, line 10: Delete "and 16" Insert ", 15, 16, 31, and 34" Page 19, line 12: Delete "and 16" Insert ", 15, 16, 31, and 34" Representative Therriault moved and asked unanimous consent that Amendment No. 13 be adopted. 1993-05-08 House Journal Page 1752 HB 168 Representative Davies objected. The Speaker stated that CSHB 168(FIN) am would be held in second reading with all pending amendments for the May 9, 1993, calendar. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Jeremiah Kero, 1993 National Geography Bee Winner By Representatives Mackie, Brice, B.Davis, Menard, Nicholia, Ulmer, Willis; Senator Zharoff Honoring - Earle Walker By Representatives Hanley, Brice, B.Davis, Green, Larson, Mackie, Menard, Mulder, Nicholia, Porter, Toohey, Willis Honoring - Mary Armantrout By Senator Lincoln; Representatives Olberg, Brice, B.Davis, Mackie, Martin, Menard, Nicholia, Willis Honoring - Elwood Atoruk By Senator Adams; Representatives MacLean, Brice, B.Davis, Foster, Mackie, Menard, Nicholia, Ulmer, Willis Honoring - Edwin Booth By Senator Adams; Representatives MacLean Brice, B.Davis, Foster, Mackie, Menard, Nicholia, Ulmer, Willis Honoring - Isaac Douglas By Senator Adams; Representatives MacLean, Brice, B.Davis, Foster, Mackie, Menard, Nicholia, Ulmer, Willis Honoring - Stephen Jacquier By Senator Lincoln; Representatives Nicholia, Brice, B.Davis, Mackie, Menard, Ulmer, Willis 1993-05-08 House Journal Page 1753 Honoring - Frank Wells By Senator Adams; Representatives MacLean, Brice, B.Davis, Foster, Mackie, Menard, Nicholia, Ulmer, Willis In Memoriam - Tilly Reeve By Representatives Toohey, Phillips, Barnes, Porter, Brice, B.Davis, Mackie, Martin, Menard, Ulmer, Willis SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citation be taken up as a Special Order of Business at this time: Honoring - His Holiness Aleksy II, Patriarch of Moscow By Senator Zharoff; Representatives Davidson, Brice, B.Davis, Hoffman, James, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Ulmer, Vezey, Willis There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 98 A message dated May 8, 1993, was read stating the Senate has passed: HOUSE BILL NO. 98 "An Act naming the Black Veterans Recognition Bridge on the Alaska Highway over the Gerstle River." HB 98 was referred to the Chief Clerk for enrollment. 1993-05-08 House Journal Page 1754 HB 151 A message dated May 8, 1993, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date." CSHB 151(FIN) was referred to the Chief Clerk for enrollment. HB 209 A message dated May 8, 1993, was read stating the Senate has passed: HOUSE BILL NO. 209 "An Act relating to community health aide grants." HB 209 was referred to the Chief Clerk for enrollment. HB 178 A message dated May 8, 1993, was read stating the Senate has passed HB 178 with the following amendment: SENATE CS FOR HOUSE BILL NO. 178(HES) "An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date." HB 178 is under Unfinished Business. HB 275 A message dated May 8, 1993, was read stating the Senate has passed CSHB 275(FIN) am with the following amendment: SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S "An Act relating to the Alaska Seafood Marketing Institute and a salmon marketing tax; and providing for an effective date." 1993-05-08 House Journal Page 1755 HB 275 CSHB 275(FIN) am is under Unfinished Business. REPORTS OF STANDING COMMITTEES SB 106 The Finance Committee has considered: CS FOR SENATE BILL NO. 106(FIN) am(efd fld) "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (1): MacLean Do not pass (1): Brown No recommendation (7): Larson, Hanley, Martin, Parnell, Grussendorf, Navarre, Foster Amend (1): Therriault 1993-05-08 House Journal Page 1756 SB 106 The following fiscal notes apply to HCS CSSB 106(FIN): Zero fiscal note, Dept. of Community & Regional Affairs, 5/8/93 Zero fiscal notes (2), Dept. of Commerce & Economic Development, 5/8/93 CSSB 106(FIN) am(efd fld) was referred to the Rules Committee for placement on the calendar. SB 126 The Finance Committee has considered: CS FOR SENATE BILL NO. 126(RLS) am(efd fld) "An Act making appropriations for grants and loans for hydroelectric projects including power transmission interties, to capitalize certain funds for energy grant and loan programs in the state, including the power cost equalization and rural electric capitalization fund, to the Department of Community and Regional Affairs for operating costs related to power projects and programs and to capitalize the Railbelt energy fund." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 126(FIN) (same title) The report was signed by Representative Larson, Co-chair, with the following individual recommendations: Do pass (1): Therriault Do not pass (1): Brown No recommendation (9): Navarre, Larson, Hanley, Martin, Parnell, Grussendorf, Foster, Hoffman MacLean CSSB 126(RLS) am(efd fld) was referred to the Rules Committee for placement on the calendar. 1993-05-08 House Journal Page 1757 UNFINISHED BUSINESS HB 67 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1656) on the following at this time: CS FOR HOUSE BILL NO. 67(FIN)(efd fld) "An Act relating to eligibility for and payments of public assistance." and SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN)(efd fld) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 67(FIN)(efd fld), thus adopting SCS CSHB 67(FIN)(efd fld), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 67(FIN)(efd fld)?" The roll was taken with the following result: SCS CSHB 67(FIN)(efd fld) Concur YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 67(FIN)(efd fld). 1993-05-08 House Journal Page 1758 HB 67 Representative Brown gave notice of reconsideration of her concurrence vote on SCS CSHB 67(FIN)(efd fld). HB 81 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1656) on the following at this time: CS FOR HOUSE BILL NO. 81(FIN) am "An Act relating to the longevity bonus program." and SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 81(FIN) am, thus adopting SCS CSHB 81(RLS), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 81(FIN) am?" The roll was taken with the following result: SCS CSHB 81(RLS) Concur YEAS: 6 NAYS: 34 EXCUSED: 0 ABSENT: 0 Yeas: Carney, Mackie, Menard, Navarre, Nordlund, Williams Nays: Barnes, Brice, Brown, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 81(RLS). 1993-05-08 House Journal Page 1759 HB 81 The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Vezey Representative Olberg Representative Davies RECONSIDERATION SB 49 Representative Ulmer moved and asked unanimous consent that the reconsideration of the following be taken up on the same day (page 1714): HOUSE CS FOR SENATE BILL NO. 49(STA) am H "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." There being no objection, it was so ordered. HCS SB 49(STA) am H was again before the House in third reading. The question to be reconsidered: "Shall HCS SB 49(STA) am H pass the House?" The roll was taken with the following result: HCS SB 49(STA) am H--RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 1993-05-08 House Journal Page 1760 SB 49 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Grussendorf, MacLean, Martin, Menard And so, HCS SB 49(STA) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SB 84 Representative Brice moved and asked unanimous consent that the reconsideration of the following be taken up on the same day (page 1710): SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date." There being no objection, it was so ordered. SB 84 am was again before the House in third reading. The question to be reconsidered: "Shall SB 84 am pass the House?" The roll was taken with the following result: SB 84 am--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 1993-05-08 House Journal Page 1761 SB 84 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Olberg, Sitton And so, SB 84 am passed the House on reconsideration. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. SB 84 am was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HJR 3 Representative Bunde added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 3 Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. HB 17 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 17 "An Act limiting tenure in the legislature." HB 119 Representative Ulmer removed her name as prime sponsor (page 1715) and Representative Foster added his name as prime sponsor to: 1993-05-08 House Journal Page 1762 HB 119 CS FOR HOUSE BILL NO. 119(JUD) am "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." Representative Mulder added his name as cosponsor to CSHB 119(JUD) am. SB 49 Representative Mulder added his name as cross sponsor to: HOUSE CS FOR SENATE BILL NO. 49(STA) am H "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." SB 84 Representative Mulder added his name as cross sponsor to: SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date." SB 106 Representatives Barnes, Navarre, Phillips and G.Davis added their names as cross sponsors to: 1993-05-08 House Journal Page 1763 SB 106 CS FOR SENATE BILL NO. 106(FIN) am(efd fld) "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund." SB 126 Representatives Barnes, Navarre and Phillips added their names as cross sponsors to: CS FOR SENATE BILL NO. 126(RLS) am(efd fld) "An Act making appropriations for grants and loans for hydroelectric projects including power transmission interties, to capitalize certain funds for energy grant and loan programs in the state, including the power cost equalization and rural electric capitalization fund, to the Department of Community and Regional Affairs for operating costs related to power projects and programs and to capitalize the Railbelt energy fund." ENGROSSMENT SB 49 HCS SB 49(STA) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 97 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 1993-05-08 House Journal Page 1764 SB 97 HOUSE CS FOR CS FOR SENATE BILL NO. 97(FIN) am H "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus 1:00 p.m., 5/9 Minority Caucus 1:30 p.m., 5/9 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 2:00 p.m., May 9, 1993. There being no objection, the House adjourned at 10:26 p.m. J.C. Shine Chief Clerk