Legislature(1993 - 1994)
1993-04-19 Senate Journal
Full Journal pdf1993-04-19 Senate Journal Page 1506 SB 76 Senator Pearce renewed her objection for the adoption of Amendment No. 6. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 6 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1993-04-19 Senate Journal Page 1507 SB 76 Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 6 failed. Senator Lincoln offered Amendment No. 7 : Page 3, line 5, following "statutes": Insert "providing communities with the authority by local option election to prohibit charitable gaming within the community;" Page 13, line 24: Delete "a new section" Insert "new sections" Page 14, following line 11: Insert new sections to read: "Sec. 05.15.197. PROHIBITION OF CHARITABLE GAMING. (a) 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 charitable gaming in . . . . . . . (name of municipality or village) be prohibited? (yes or no)". (b) If a majority of the voters vote "yes" on the question set out in (a) of this section, the department shall be notified immediately after certification of the results of the election and thereafter the department may not issue a license, permit, or vendor registration authorizing charitable gaming within the boundaries of a municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of an established village. Existing licenses, permits, and vendor registrations for charitable gaming within the boundaries of a municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of an established village that has prohibited charitable 1993-04-19 Senate Journal Page 1508 SB 76 gaming by local option election held under this section are void 90 days after the results of the election are certified. A license or vendor registration that will expire during the 90 days after the results of a local option election under this section are certified is void as of the expiration date. Sec. 05.15.198. PROCEDURE FOR LOCAL OPTION ELECTIONS. (a) The local governing body of a municipality, whenever a number of registered voters equal to at least 35 percent of the number of votes cast at the last regular municipal election petition the local governing body to do so, shall place upon a separate ballot at the next regular election or at a special election the question set out in AS05.15.197 that is the subject of the petition. The local governing body shall conduct the election in accordance with the election ordinance of the municipality. (b) The lieutenant governor, whenever 35 percent of the registered voters residing within an established village petition the lieutenant governor to do so, shall place upon a separate ballot at a special election the question set out in AS05.15.197 that is the subject of the petition. The lieutenant governor shall conduct the election in the manner prescribed by AS15 (Alaska Election Code). (c) Notwithstanding any other provisions of law, an election under (a) or (b) of this section to remove a restriction on charitable gaming imposed under AS05.15.197 may not be conducted more than once every 12 months. (d) AS29.26.110 - 29.26.160 apply to a petition under (a) of this section in a general law municipality except the (1) number of required signatures is determined under (a) of this section rather than under AS29.26.130; (2) application filed under AS29.26.110 must contain the question set out under AS05.15.197 rather than containing an ordinance or resolution; 1993-04-19 Senate Journal Page 1509 SB 76 (3) petition must contain the question set out under AS05.15.197 rather than material required under AS29.26.120(a)(1) and (2)." Page 14, following line 21: Insert a new paragraph to read: "(36) "established village" means an unincorporated community that is in (A) the unorganized borough and that has 25 or more permanent residents; or (B) an organized borough, has 25 or more permanent residents; and (i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality; or (ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;" Renumber the following paragraphs accordingly. Page 14, following line 24: Insert a new paragraph to read: "(38) "governing body" has the meaning given in AS29.71.800." Renumber the following paragraphs accordingly. Senator Lincoln moved for the adoption of Amendment No. 7. Senator Pearce objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: 1993-04-19 Senate Journal Page 1510 SB 76 CSSB 76(FIN) Second Reading Amendment No. 7 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 7 failed. Senator Lincoln offered Amendment No. 8 : Page 3, line 5, following "statutes": Insert "providing communities with the authority by local option election to prohibit the sale of pull-tabs and the operation of pull-tab games within the community;" Page 13, line 24: Delete "a new section" Insert "new sections" Page 14, following line 11: Insert new sections to read: "Sec. 05.15.197. PROHIBITION OF THE SALE OF PULL-TABS. (a) 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 the sale of pull-tabs and the operation of pull-tab games in . . . . . . . (name of municipality or village) be prohibited? (yes or no)". 1993-04-19 Senate Journal Page 1511 SB 76 (b) If a majority of the voters vote "yes" on the question set out in (a) of this section, the department shall be notified immediately after certification of the results of the election and thereafter the department may not issue a license, permit, or vendor registration authorizing the sale of pull-tabs or the operation of pull-tab games within the boundaries of a municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of an established village. Existing licenses, permits, and vendor registrations for the sale of pull-tabs or the operation of pull-tab games within the boundaries of a municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of an established village that has prohibited the sale of pull-tabs by local option election held under this section are void 90 days after the results of the election are certified. A license or vendor registration that will expire during the 90 days after the results of a local option election under this section are certified is void as of the expiration date. Sec. 05.15.198. PROCEDURE FOR LOCAL OPTION ELECTIONS. (a) The local governing body of a municipality, whenever a number of registered voters equal to at least 35 percent of the number of votes cast at the last regular municipal election petition the local governing body to do so, shall place upon a separate ballot at the next regular election or at a special election the question set out in AS05.15.197 that is the subject of the petition. The local governing body shall conduct the election in accordance with the election ordinance of the municipality. (b) The lieutenant governor, whenever 35 percent of the registered voters residing within an established village petition the lieutenant governor to do so, shall place upon a separate ballot at a special election the question set out in AS05.15.197 that is the subject of the petition. The lieutenant governor shall conduct the election in the manner prescribed by AS15 (Alaska Election Code). 1993-04-19 Senate Journal Page 1512 SB 76 (c) Notwithstanding any other provisions of law, an election under (a) or (b) of this section to remove a restriction on the sale of pull-tabs and the operation of pull- tab games imposed under AS05.15.197 may not be conducted more than once every 12 months. (d) AS29.26.110 - 29.26.160 apply to a petition under (a) of this section in a general law municipality except the (1) number of required signatures is determined under (a) of this section rather than under AS29.26.130; (2) application filed under AS29.26.110 must contain the question set out under AS05.15.197 rather than containing an ordinance or resolution; (3) petition must contain the question set out under AS05.15.197 rather than material required under AS29.26.120(a)(1) and (2)." Page 14, following line 21: Insert a new paragraph to read: "(36) "established village" means an unincorporated community that is in (A) the unorganized borough and that has 25 or more permanent residents; or (B) an organized borough, has 25 or more permanent residents; and (i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality; or (ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;" Renumber the following paragraphs accordingly. 1993-04-19 Senate Journal Page 1513 SB 76 Page 14, following line 24: Insert a new paragraph to read: "(38) "governing body" has the meaning given in AS29.71.800." Renumber the following paragraphs accordingly. Senator Lincoln moved for the adoption of Amendment No. 8. Senator Pearce objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 8 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 8 failed. Senator Ellis offered Amendment No. 9 : Page 3, line 5, following "statutes;": Insert "providing civil penalties, including suspension of liquor licenses and permits, for certain violations of the charitable gaming laws;" 1993-04-19 Senate Journal Page 1514 SB 76 Page 3, after line 8: 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. Page 14, following line 16: Insert a new bill section to read: "* Sec. 29. 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 1993-04-19 Senate Journal Page 1515 SB 76 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 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. 1993-04-19 Senate Journal Page 1516 SB 76 Page 15, line 26: Delete "12 and 16" Insert "13 and 17" Page 15, line 28: Delete "12 and 16" Insert "13 and 17" Senator Ellis moved for the adoption of Amendment No. 9. Senator Taylor objected. Senator Ellis moved and asked unanimous consent that Amendment No. 9 be withdrawn. Without objection, it was so ordered. Senator Salo offered Amendment No. 10 : Page 2, line 10, following "gaming;": Insert "prohibiting a person under age 21 from playing, buying a chance in, or entering any charitable gaming activity;" Page 11, following line 5: Insert a new bill section to read: "* Sec. 20. AS 05.15.180(f) is amended to read: (f) A person under the age of 21 [19] years may not play a bingo or pull-tab game, or otherwise play, buy a chance in, or enter any charitable gaming activity." Renumber the following bill sections accordingly. Page 15, line 25: Delete "and 05.15.140(c)" Insert "05.15.140(c), and 05.15.187(e)" Senator Salo moved for the adoption of Amendment No. 10. Senator Pearce objected.