Legislature(1993 - 1994)
1993-04-19 Senate Journal
Full Journal pdf1993-04-19 Senate Journal Page 1517 SB 76 The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 10 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. 10 failed. Senator Donley offered Amendment No. 11 : Page 1, line 11, following "out-of-state": Insert "pull-tab manufacturers and increasing the annual licensing fee for" Page 11, following line 20: Insert a new bill section to read: "* Sec. 22. AS05.15.181(b) is amended to read: (b) The department may issue a pull-tab manufacturer's license to a person who pays an annual fee of $5,000 [$500]." Renumber the following bill sections accordingly. Senator Donley moved for the adoption of Amendment No. 11. Senator Pearce objected. 1993-04-19 Senate Journal Page 1518 SB 76 Senator Donley offered amendment to Amendment No. 11: Delete $5,000 Insert $2,500 Senator Donley moved for the adoption of amendment to Amendment No. 11. Senator Taylor objected. The question being: "Shall amendment to Amendment No. 11 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment to Amendment No. 11 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so amendment to Amendment No. 11 failed. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 11 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 1993-04-19 Senate Journal Page 1519 SB 76 and so, Amendment No. 11 failed. Senator Donley offered Amendment No. 12 : Page 7, lines 23 - 25: Delete "[TWO CONSECUTIVE QUARTERS] at least 30 percent of the adjusted gross income, as determined under (1) of this subsection, from a pull-tab activity or at least 10 [15]" Insert "an amount set by the department by regulation that may not be less than (A) 30 percent of the adjusted gross income, as determined under (1) of this subsection, from a pull- tab activity, or (B) 10 [TWO CONSECUTIVE QUARTERS AT LEAST 15]" Page 9, line 28, following "exceed": Insert "an amount set by the department by regulation that may not be greater than" Page 9, line 31, following "exceed": Insert "an amount set by the department by regulation that may not be greater than" Page 13, line 18: Delete "no less than 50 percent" Insert "a percentage of the ideal net set by the department by regulation that may not be less than 50 percent" Senator Donley moved for the adoption of Amendment No. 12. Senator Pearce objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 12 1993-04-19 Senate Journal Page 1520 SB 76 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. 12 failed. Senator Little offered Amendment No. 13 : Page 12, line 18: Delete "of $50" Insert "set by the department of not less than $500" Page 13, line 8: Delete "of $50" Insert "set by the department of not less than $500" Senator Little moved for the adoption of Amendment No. 13. Senator Pearce objected. Senator Little moved and asked unanimous consent that Amendment No. 13 be withdrawn. Without objection, it was so ordered. Senator Ellis offered Amendment No. 14 : 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;" 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: 1993-04-19 Senate Journal Page 1521 SB 76 (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 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 1993-04-19 Senate Journal Page 1522 SB 76 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 1523 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. 14. Senator Pearce objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 14 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. 14 failed. Senator Little offered Amendment No. 15 : Page 2, line 18 and Page 13, line 18: Delete "50" Insert "80" Senator Little moved for the adoption of Amendment No. 15. Senator Taylor objected. 1993-04-19 Senate Journal Page 1524 SB 76 The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 15 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. 15 failed. Senator Zharoff offered Amendment No. 16 : Page 3, line 5, following "statutes;": Insert "allowing gaming devices on ferries;" Page 15, following line 24: Insert new bill sections to read: "* Sec. 30. 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 1993-04-19 Senate Journal Page 1525 SB 76 (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] (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 revenue [COMMERCE AND ECONOMIC DEVELOPMENT] under AS05.15 or AS19.65.030; * Sec. 31. AS11.66.280(3) is amended to read: (3) "gambling device" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of unlawful gambling, whether it consists of gambling between persons or gambling by a person involving the playing of a machine; "gambling device" does not include (A) lottery tickets, policy slips, or other items used in the playing phases of lottery or policy schemes; [OR] (B) an amusement device as described in (2)(B) of this section; or (C) a gaming device authorized under AS19.65.030; 1993-04-19 Senate Journal Page 1526 SB 76 * Sec. 32. AS11.66.280(4) is amended to read: (4) "gambling enterprise" means a gambling business that (A) includes five or more persons who conduct, finance, manage, supervise, direct, or own all or part of the business; (B) has been or remains in substantially continuous operation for a period in excess of 30 days or has a gross income of $2,000 or more in any single day; and (C) is not (i) a vessel of the Alaska marine highway system lawfully conducting an activity licensed under AS19.65.030; or (ii) a municipality or a qualified organization under AS05.15.210, except that, for purposes of this subparagraph [PARAGRAPH], no application for a license under AS05.15 is required to be considered a qualified organization; * Sec. 33. AS19.65 is amended by adding new sections to article 1 to read: Sec. 19.65.030. GAMING DEVICES AUTHORIZED. (a) The Department of Revenue may license a vessel of the Alaska marine highway system to operate gaming devices in a portion of the vessel that persons under 21 years of age are prohibited from entering. (b) A license issued under (a) of this section is not valid when the vessel is in a jurisdiction outside of the state unless that jurisdiction also allows the licensed activity. (c) The Department of Transportation and Public Facilities shall operate gaming devices aboard a vessel of the Alaska marine highway system licensed under (a) of this section or may contract for their operation under AS36.30. 1993-04-19 Senate Journal Page 1527 SB 76 (d) The commissioner of revenue may adopt regulations under AS44.62 (Administrative Procedure Act) to implement this section. Sec. 19.65.035. PROHIBITIONS ON GAMING DEVICE OPERATION; PENALTIES. (a) An employee of the Alaska marine highway system or of a contractor under AS19.65.030(c) may not with criminal negligence allow a person under 21 years of age to use a gaming device authorized under AS19.65.030. A person under 21 years of age may not use a gaming device authorized under AS19.65.030. In this subsection, "criminal negligence" has the meaning given in AS11.81.900. (b) A person may not manipulate or attempt to manipulate the outcome or payoff of a gaming device authorized under AS19.65.030 by physically tampering or otherwise interfering with the proper functioning of the device. (c) Violation of this section is a class A misdemeanor. Sec. 19.65.040. DEFINITION FOR AS19.65.030- 19.65.040. In AS19.65.030- 19.65.040, "gaming device" means a coin operated mechanical, electromechanical, or electronic contrivance, component, or machine that by strict dependence on the element of chance may deliver or entitle the person playing or operating the device to receive free games, merchandise, credit, premiums, or tokens that may be exchanged for cash; "gaming device" does not include a machine that directly dispenses coins or cash." Renumber the following bill sections accordingly. Senator Zharoff moved for the adoption of Amendment No. 16 Senator Pearce objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: 1993-04-19 Senate Journal Page 1528 SB 76 CSSB 76(FIN) Second Reading Amendment No. 16 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Lincoln, Salo, Zharoff Nays: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 16 failed. Senator Little offered Amendment No. 17 : Page 2, line 18 and Page 13, line 18: Delete "50" Insert "75" Senator Little moved for the adoption of Amendment No. 17. Senator Kelly objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: CSSB 76(FIN) Second Reading Amendment No. 17 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. 17 failed.