Legislature(1993 - 1994)
1993-04-19 Senate Journal
Full Journal pdf1993-04-19 Senate Journal Page 1537 SB 76 Sec. 05.15.320. REMOVAL AND SUSPENSION OF MEMBERS. (a) The governor may remove a member for cause, including incompetence, neglect of duty, or misconduct in office. A member being removed for cause shall be given a copy of the charges and afforded an opportunity to publicly present a defense in person or by counsel upon not less than 10 days' notice. If a member is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the member and the governor's findings based on the charges, together with a complete record of the proceedings. (b) The governor may immediately suspend a member for a violation of law or for misconduct in office pending removal from office under (a) of this section. Sec. 05.15.330. COMPENSATION AND PER DIEM. Members of the commission do not receive a salary for their service on the commission but are entitled to per diem and travel expenses authorized for state boards and commissions under AS39.20.180. Sec. 05.15.340. DUTIES AND POWERS OF THE COMMISSION. (a) The commission shall (1) license, regulate, and supervise games of chance and contests of skill under this chapter; (2) hire an executive director and other staff as needed to enforce and administer this chapter; (3) meet at least once every three months; and (4) adopt regulations necessary to carry out the provisions of this chapter. (b) The commission may appoint a hearing officer to conduct a hearing required by this chapter or by a regulation adopted under it. Sec. 05.15.350. EMPLOYEES OF THE COMMISSION. The executive director of the commission is in the partially exempt service under AS39.25.120. Other employees of the commission are in the classified service under AS39.25.100. 1993-04-19 Senate Journal Page 1538 SB 76 Sec. 05.15.360. REGULATIONS OF THE COMMISSION. The attorney general shall enforce the regulations of the commission. Sec. 05.15.370. RECORDS OF THE COMMISSION. (a) Except as provided in (b) of this section, all records of the commission are public records and subject to public inspection. (b) Records relating to audits and investigations by the commission, both ongoing and completed, are confidential, except for the audit report issued by the commission and records submitted as evidence in an administrative or judicial proceeding that results from an investigation. Sec. 05.15.380. PROCEEDS. Fees and other money received by the commission shall be paid into the general fund. Sec. 05.15.390. ADMINISTRATIVE PROCEDURE ACT. The operations of the commission are subject to AS 44.62 (Administrative Procedure Act). Sec. 05.15.400. CONFLICT OF INTEREST ACT. The commission is subject to AS39.50 (conflict of interest). * Sec. 34. AS11.66.280(2) is amended to read: (2) "gambling" means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that person or someone else will receive something of value in the event of a certain outcome; "gambling" does not include (A) bona fide business transactions valid under the law of contracts for the purchase or sale at a future date of securities or commodities and agreements to compensate for loss caused by the happening of chance, including contracts of indemnity or guaranty and life, health, or accident insurance; [OR] 1993-04-19 Senate Journal Page 1539 SB 76 (B) playing an amusement device that (i) confers only an immediate right of replay not exchangeable for something of value other than the privilege of immediate replay; and (ii) does not contain a method or device by which the privilege of immediate replay may be cancelled or revoked; or (C) an activity authorized [BY THE COMMISSIONER OF COMMERCE AND ECONOMIC DEVELOPMENT] under AS05.15; * Sec. 35. AS18.65.080 is amended by adding a new subsection to read: (b) The Department of Public Safety shall investigate and ascertain whether a person appointed by the governor to serve as a member of the Alaska Gaming Commission has been convicted of a crime set out in AS05.15.300(c). * Sec. 36. AS39.25.120(c) is amended by adding a new paragraph to read: (23) the executive director of the Alaska Gaming Commission. * Sec. 37. AS39.50.200(b) is amended by adding a new paragraph to read: (55) Alaska Gaming Commission (AS05.15.300). * Sec. 38. AS44.62.330(a) is amended by adding a new paragraph to read: (59) Alaska Gaming Commission (AS05.15.300). * Sec. 39. AS 44.66.010(a) is amended by adding a new paragraph to read: (20) Alaska Gaming Commission (AS 05.15.300) -- June 30, 1997." 1993-04-19 Senate Journal Page 1540 SB 76 Renumber the following bill sections accordingly. Page 15, line 25: Delete "and 05.15.140(c)" Insert "05.15.140(c), 05.15.210(8), and AS 44.33.020(31)" Page 15, following line 25: Insert new bill sections to read: "* Sec. 41. INITIAL COMMISSION APPOINTMENTS. The governor shall make the initial appointment of members of the Alaska Gaming Commission within 120 days after the effective date of this Act. Notwithstanding AS 39.05.055(3), the governor shall set the terms of initial members so that two members serve terms of four years, one member serves a term of three years, one member serves a term of two years, and one member serves a term of one year. * Sec. 42. TRANSITION. (a) Regulations relating to games of chance and contests of skill, adopted by the Department of Revenue or the Department of Commerce and Economic Development under authority of AS05.15 before July1, 1993, and in effect on the effective date of this Act remain in effect until regulations relating to that function that are adopted by the Alaska Gaming Commission under AS05.15 as amended by this Act, take effect. The Alaska Gaming Commission shall administer the Department of Revenue and the Department of Commerce and Economic Development regulations until its own take effect. (b) Until the Alaska Gaming Commission is appointed, the Department of Revenue shall administer games of chance and contests of skill under AS05.15 and under the regulations referred to in (a) of this section. * Sec. 43. IMPLEMENTATION OF LEGISLATION. To be consistent with the changes made by this legislation, wherever in AS05.15 and in regulations adopted under those statutes "Department of Commerce and Economic Development," "Department of Revenue," "department," or "commissioner" is used, they shall be read as referring to the Alaska Gaming Commission or commission when to do so would implement the purposes of this 1993-04-19 Senate Journal Page 1541 SB 76 Act. Under AS01.05.031, the revisor of statutes shall implement this section in the statutes, and, under AS44.62.125(b)(6), the regulations attorney shall implement this section in the administrative regulations." Renumber the following bill sections accordingly. Page 15, line 26: Delete "12 and 16" Insert "2, 11, 14, 18, 30, 33 - 39, and 41 - 43" Page 15, following line 27: Insert a new bill section to read: "* Sec. 45. Sections 2, 11, 30, 33 - 39, and 41 - 43 of this Act take effect July 1, 1993." Renumber the following bill section. Page 15, line 28: Delete "12 and 16" Insert "14 and 18" Senator Zharoff moved for the adoption of Amendment No. 23. Senator Zharoff moved and asked unanimous consent that Amendment No. 23 be withdrawn. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 76(FIN) be advanced to third reading?" The roll was taken with the following result: 1993-04-19 Senate Journal Page 1542 SB 76 CSSB 76(FIN) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 79(FIN) failed to advance to third reading.