Legislature(1995 - 1996)
1995-04-11 House Journal
Full Journal pdf1995-04-11 House Journal Page 1247 HB 44 The following, which had been moved to the bottom of the calendar (page 1242), was again before the House in second reading: CS FOR HOUSE BILL NO 44(FIN) am "An Act relating to reporting by permitteees, licensees, and vendors; relating to municipal regulation of multiple-beneficiary charitable gaming; relating to the identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those rafles; and providing for an effective date." 1995-04-11 House Journal Page 1248 HB 44 Amendment No. 2 was offered by Representative Elton: Page 1, line 9, after "permitting;" (title amendment): Insert "relating to the pull-tab tax;" Page 5, after line 27: Insert a new bill section to read: "* Sec. 9. AS05.15.184 is amended to read: Sec. 05.15.184. PULL-TAB TAX. A pull-tab distributor shall collect a tax of five [THREE] percent of an amount equal to the gross receipts less prizes awarded on each series of pull-tabs distributed. The pull-tab distributor shall pay to the department the tax collected in the preceding month at the time that the report under AS05.15.183(d) is filed with the department." Renumber the following bill sections accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 44(FIN) am Second Reading Amendment No. 2 YEAS: 14 NAYS: 24 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1995-04-11 House Journal Page 1249 HB 44 Excused: Foster, Ivan And so, Amendment No. 2 was not adopted. Amendment No. 3 was not offered. Amendment No. 4 was offered by Representative Brown: Page 1, line 1, following "Act" (title amendment): Insert "relating to the maximum amount of prizes that can be awarded if a permittee contracts with an operator;" Page 5, following line 27: Insert a new bill section to read: "* Sec. 9. AS05.15.180(g) is amended to read: (g) A municipality or a qualified organization may award a maximum of $1,000,000 in prizes each year in activities authorized under this chapter; however, if a municipality or a qualified organization contracts with an operator to conduct on its behalf activities authorized under this chapter, the municipality or qualified organization may award a maximum of $300,000 [$500,000] in prizes each year. The holders of a multiple- beneficiary permit under AS05.15.100(d) may award a maximum in prizes each year of $1,000,000 times the number of holders of the permit for activities authorized under this chapter. In this subsection, "activities authorized under this chapter" means all activities subject to this chapter other than bingo." Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Vezey objected. Representative Davies rose to a point of order regarding whether the debate was relevant to the amendment. The Speaker ruled the debate in order. 1995-04-11 House Journal Page 1250 HB 44 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 44(FIN) am Second Reading Amendment No. 4 YEAS: 15 NAYS: 23 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, MacLean, Navarre, Nicholia, Robinson, Rokeberg, Willis Nays: Austerman, Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Foster, Ivan And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Davies and Brice: Page 1, line 1, following "Act" (title amendment): Insert "relating to license fees for manufacturers of pull tabs;" Page 5, following line 27: Insert a new bill section to read: "* Sec. 9. AS 05.15.181(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 [$2,500]." Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Martin objected. 1995-04-11 House Journal Page 1251 HB 44 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 44(FIN) am Second Reading Amendment No. 5 YEAS: 13 NAYS: 24 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Mackie, MacLean, Navarre, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: Foster, Ivan Absent: Sanders And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Barnes: Page 1, line 1 (title amendment): After "Act" Insert "prohibiting the sale of pull-tabs as a charitable gaming activity;" Delete "permittees, licensees, and vendors" Insert "permittees and licensees" Page 1, line 6 (title amendment): Delete "the sale of pull-tabs and to" Page 2, lines 3 - 4: Delete ", licenses, and vendor registrations" Insert "and [,] licenses [, AND VENDOR REGISTRATIONS]" 1995-04-11 House Journal Page 1252 HB 44 Page 2, lines 10 - 11: Delete ", licenses, and vendor registrations" Insert "and [,] licenses [, AND VENDOR REGISTRATIONS]" Page 2, line 15: Delete "registered vendors," Insert "[REGISTERED VENDORS,]" Page 2, lines 16 - 17: Delete "registered vendors," Insert "[REGISTERED VENDORS,]" Page 2, line 30, following "permittee": Delete "," Insert "or [,]" Page 2, line 31, through page 3, line 1: Delete ", or a registered vendor" Insert "[, OR A REGISTERED VENDOR]" Page 3, line 1: Delete ", a license, or a vendor registration" Insert "or [,] a license [, OR A VENDOR REGISTRATION]" Page 3, following line 15: Insert new bill sections to read: "* Sec. 2. AS05.15.070 is amended to read: Sec. 05.15.070. EXAMINATION OF BOOKS AND RECORDS. The department may examine or have examined the books and records of a permittee or [,] an operator [, A REGISTERED VENDOR, OR A PERSON LICENSED TO MANUFACTURE OR TO DISTRIBUTE PULL-TAB GAMES IN THE STATE]. The department may issue subpoenas for the attendance of witnesses and the production of books, records, and other documents. * Sec. 3. AS05.15.095(a) is amended to read: (a) The applications and reports to the department required by this chapter shall be signed under penalty of unsworn falsification by the following person, as applicable: 1995-04-11 House Journal Page 1253 HB 44 (1) the member in charge for the qualified organization; (2) a person authorized to sign on behalf of the municipality; or (3) the operator or the operator's agent [; (4) THE LICENSED PULL-TAB DISTRIBUTOR OR THE DISTRIBUTOR'S AGENT; OR (5) THE LICENSED PULL-TAB MANUFACTURER OR THE MANUFACTURER'S AGENT]. * Sec. 4. AS05.15.100(a) is amended to read: (a) The department may issue a permit to a municipality or qualified organization. The permit gives the municipality or qualified organization the privilege of conducting bingo, raffles and lotteries, [PULL-TAB GAMES,] ice classics, rain classics, goose classics, mercury classics, canned salmon classics, salmon classics, king salmon classics, dog mushers' contests, fish derbies, and contests of skill." Renumber the following bill sections accordingly. Page 3, following line 22: Insert new bill sections to read: "* Sec. 6. AS05.15.105(a) is amended to read: (a) If a person has been convicted of a violation of a law of this state that is, or a law or ordinance of another jurisdiction that would be if it had been committed in this state, a felony, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws, the (1) [THE] department may not issue a license to the person; (2) [THE] department may not issue a license to [, OR REGISTER ASA VENDOR,] an applicant who employs the person in a managerial or supervisory capacity or uses the person as a fund raiser or consultant; (3) [THE] department may not issue a permit for an activity if the person is responsible for the operation of the activity; (4) [THE] person may not be employed in a managerial or supervisory capacity by a licensee [OR VENDOR] or used as a fund raiser or consultant by a licensee [OR VENDOR]; 1995-04-11 House Journal Page 1254 HB 44 (5) [THE] person may not participate in charitable gaming as a permittee or [,] licensee [, OR VENDOR]. * Sec. 7. AS05.15.115(c) is amended to read: (c) A permittee may not contract with more than one operator at a time to conduct the same type of activity. For the purposes of this subsection, bingo games, raffles, lotteries, [PULL-TAB GAMES,] ice classics, rain classics, goose classics, mercury classics, canned salmon classics, salmon classics, king salmon classics, dog mushers' contests, fish derbies, contests of skill, and all activities permitted under AS05.15.100(b) are each a different type of activity." Renumber the following bill sections accordingly. Page 3, lines 28 - 29: Delete ", [OR] VENDORS," Insert "[OR VENDORS,]" Page 4, line 1: Delete "or a vendor" Insert "[OR A VENDOR]" Page 4, following line 3: Insert a new bill section to read: "* Sec. 10. AS05.15.128(a) is amended to read: (a) The department shall revoke the license of an operator who does not (1) report an adjusted gross income of at least 15 percent of gross income annually based on the total operation of the operator; or (2) pay to each authorizing permittee annually at least [30 PERCENT OF THE ADJUSTED GROSS INCOME, ASDETERMINED UNDER (1) OF THIS SUBSECTION, FROM A PULL-TAB ACTIVITY OR AT LEAST] 10 percent of the adjusted gross income, as determined under (1) of this subsection [, FROM A GAMING ACTIVITY OTHER THAN PULL-TABS,] received from activities conducted on behalf of the authorizing permittee." Renumber the following bill sections accordingly. 1995-04-11 House Journal Page 1255 HB 44 Page 4, lines 19 - 20: Delete "or pull-tab" Insert "[OR PULL-TAB]" Page 5, following line 23: Insert new bill sections to read: "* Sec. 14. AS05.15.160(d) is amended to read: (d) The total amount of authorized expenses that may be incurred under (a) of this section in connection with any gaming activity [OTHER THAN PULL-TABS] may not exceed 90 percent of the adjusted gross income from that gaming activity. * Sec. 15. AS05.15.170 is amended to read: Sec. 05.15.170. SUSPENSION OR REVOCATION OF PERMIT OR [,] LICENSE [, OR VENDOR REGISTRATION]. (a) The department may suspend, for a period of up to one year, or revoke a permit or [,] license [, OR VENDOR REGISTRATION,] after giving notice to and an opportunity to be heard by the permittee or licensee [,] if the permittee or [,] licensee [, OR VENDOR] (1) violates or fails to comply with a requirement of this chapter or of a regulation adopted under this chapter; (2) breaches a contractual agreement with a permittee or [,] licensee [, OR REGISTERED VENDOR]; (3) becomes disqualified to participate in charitable gaming as provided in AS05.15.105; for the purposes of this paragraph, a permittee or [,] licensee [, OR VENDOR] that is not a natural person is considered convicted if an owner or manager of the permittee or [,] licensee [, OR VENDOR] is convicted; or (4) knowingly submits false information to the department [OR, IN THE CASE OF A REGISTERED VENDOR, TO A PERMITTEE WHEN THE VENDOR KNOWS THAT THE FALSE INFORMATION WILL BE SUBMITTED TO THE DEPARTMENT ASPART OF AN APPLICATION FOR REGISTRATION; OR (5) GIVES OR ACTS UPON ANY INSIDE INFORMATION ON THE STATUS OF THE PRIZES AWARDED OR TO BE AWARDED IN A PULL-TAB GAME]. 1995-04-11 House Journal Page 1256 HB 44 (b) If the department revokes a license [OR VENDOR REGISTRATION] under this section, it may prohibit the licensee [OR VENDOR] from reapplying for a license [OR VENDOR REGISTRATION] for a period of not more than five years. If the department revokes a permit under this section, it may prohibit the permittee from reapplying for a permit for a period of not more than one year. * Sec. 16. AS05.15.180(b) is amended to read: (b) With the exception of raffles, lotteries, bingo games, [PULL-TAB GAMES,] rain classics, goose classics, mercury classics, canned salmon classics, salmon classics, king salmon classics, and other activities authorized under AS05.15.100(b), an activity may not be licensed under this chapter unless it existed in the state in substantially the same form and was conducted in substantially the same manner before January1, 1959." Renumber the following bill sections accordingly. Page 5, lines 28 - 31: Delete all material. Insert new bill sections to read: "* Sec. 18. AS05.15.620(c) is amended to read: (c) If a majority of the voters vote "yes" on the question set out in (a) [OR (b)] 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 or [,] permit [, OR VENDOR REGISTRATION] authorizing charitable gaming [OR PULL-TAB SALES, ASAPPROPRIATE,] 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. As necessary to implement the results of an election under (a) [OR (b)] of this section, existing licenses and [,] permits [, AND VENDOR REGISTRATIONS] for charitable gaming [OR PULL-TAB SALES] 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 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. 1995-04-11 House Journal Page 1257 HB 44 * Sec. 19. AS05.15.680(b) is amended to read: (b) A person who, with the intent to mislead a public servant in the performance of the public servant's duty, submits a false statement in an application for a permit or [,] license [, OR VENDOR REGISTRATION] under this chapter is guilty of unsworn falsification." Renumber the following bill sections accordingly. Page 6, following line 9: Insert a new bill section to read: "* Sec. 21. AS05.15.060(b), 05.15.160(c), 05.15.181, 05.15.183, 05.15.184, 05.15.185, 05.15.187, 05.15.188, 05.15.620(b), 05.15.690(22), 05.15.690(33), 05.15.690(39), and 05.15.690(40) are repealed." Renumber the following bill section accordingly. Representative Barnes moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Mulder Representative Brown Representative Robinson Objection was heard, and the members were required to vote. The Speaker stated that, without objection, Amendment No. 6 would be moved to the bottom of the amendments. There being no objection, it was so ordered. 1995-04-11 House Journal Page 1258 HB 44 Amendment No. 7 was not offered. Amendment No. 8 was offered by Representative Finkelstein: Page 1, line 2, following "use of" (title amendment): Insert "certain" Page 1, lines 2 - 3 (title amendment): Delete ", other than proceeds from raffles" Page 1, line 3, following "contribution of" (title amendment): Insert "certain" Page 1, lines 3 - 4 (title amendment): Delete ", other than proceeds from raffles," Page 1, line 4, following "offices" (title amendment): Delete "," Insert "or" Page 1, line 5 (title amendment): Delete ", or to political groups" Page 1, lines 7 - 9 (title amendment): Delete "providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles; relating to what is a qualified organization for the purpose of charitable gaming permitting;" Page 3, lines 16 - 26: Delete all material. Renumber the following bill sections accordingly. Page 4, lines 14 - 16: Delete "[OR THROUGH AIDING CANDIDATES FOR PUBLIC OFFICE OR GROUPS THAT SUPPORT CANDIDATES FOR PUBLIC OFFICE,]" Insert "or through aiding [CANDIDATES FOR PUBLIC OFFICE OR] groups that support candidates for public office," 1995-04-11 House Journal Page 1259 HB 44 Page 4, line 22, following "raffles,": Insert "(i) by an organization, other than a political organization," Page 4, line 26, following "party;": Insert "(ii) by a political organization, to a candidate for a public office of the state or a political subdivision of the state or to the candidate's campaign organization;" Page 5, lines 6 - 23: Delete all material. Renumber the following bill sections accordingly. Page 6, lines 1 - 9: Delete all material. Renumber the following bill section accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Mackie objected. Representative Willis moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Willis was required to vote. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: 1995-04-11 House Journal Page 1260 HB 44 CSHB 44(FIN) am Second Reading Amendment No. 8 YEAS: 9 NAYS: 21 EXCUSED: 2 ABSENT: 8 Yeas: Barnes, Brown, Davies, Elton, Finkelstein, Kohring, Kott, Robinson, Willis Nays: Austerman, G.Davis, Green, Grussendorf, James, Kelly, Mackie, MacLean, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Foster, Ivan Absent: Brice, Bunde, B.Davis, Hanley, Kubina, Moses, Nicholia, Williams And so, Amendment No. 8 was not adopted. Representative Navarre moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Navarre was required to vote. Amendment No. 9 was not offered. Representative MacLean placed a call of the House. Amendment No. 10 was offered by Representative Willis: Page 1, line 3, after "proceeds from raffles" (title amendment): Insert "and bingo" Page 1, line 4, after "other than proceeds from raffles" (title amendment): Insert "bingo" 1995-04-11 House Journal Page 1261 HB 44 Page 1, line 8, after "other than raffles" (title amendment): Insert "and bingo" Page 4, line 22, after "other than raffles": Insert "and bingo" Page 5, line 1, after "derived from raffles": Insert "and bingo," Page 5, line 12, after "POLITICAL ORGANIZATION RAFFLES": Insert "AND BINGO" Page 5, line 13, after "may conduct raffles": Insert "and bingo" Page 5, line 15, after "the net proceeds of the raffles": Insert "and bingo," Representative Willis moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Mulder objected. Representative MacLean lifted the call. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 44(FIN) am Second Reading Amendment No. 10 YEAS: 13 NAYS: 23 EXCUSED: 2 ABSENT: 2 Yeas: Brown, Davies, Elton, Finkelstein, Green, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis 1995-04-11 House Journal Page 1262 HB 44 Nays: Austerman, Barnes, Bunde, G.Davis, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Foster, Ivan Absent: Brice, B.Davis And so, Amendment No. 10 was not adopted. Amendment No. 11 was not offered. Amendment No. 12 was offered by Representatives Finkelstein and Mulder: Page 5, after line 28 through line 31: Delete all material and insert a new subsection to read: "(j) Prior to the sale of any pull-tab games, operators, vendors and permittees shall clearly identify to the public the permittee that will benefit from the sale of that pull-tab series. Such notice shall be posted so that it is clearly visible in a location in close proximity to where the sale of pull-tabs occurs." Representative Finkelstein moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Martin objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 44(FIN) am Second Reading Amendment No. 12 YEAS: 30 NAYS: 5 EXCUSED: 2 ABSENT: 3 1995-04-11 House Journal Page 1263 HB 44 Yeas: Austerman, Barnes, Brown, Davies, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Mackie, MacLean, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Williams, Willis Nays: Bunde, Martin, Moses, Toohey, Vezey Excused: Foster, Ivan Absent: Brice, B.Davis, Kubina And so, Amendment No. 12 was adopted.