Legislature(1995 - 1996)
1995-05-04 House Journal
Full Journal pdf1995-05-04 House Journal Page 1856 HB 286 The following was read the second time: HOUSE BILL NO. 286 "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." with the: Journal Page JUD RPT 6DP 1NR 1049 FISCAL NOTE (REV) 1050 FIN RPT CS(FIN) 3DP 1DNP 4NR 1423 FISCAL NOTE (REV) 4/6/95 1424 1995-05-04 House Journal Page 1857 HB 286 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 286(FIN) (same title) There being no objection, it was so ordered. **The presence of Representative Navarre was noted. Amendment No. 1 was offered by Representative Martin: Page 1, line 1, following "Act" (title amendment): Insert "relating to gaming;" Page 1, following line 11: Insert a new bill section to read: "* Sec. 2. AS05.15.010 is amended to read: Sec. 05.15.010. DEPARTMENT OF REVENUE TO ADMINISTER CHAPTER. The Department of Revenue shall administer charitable gaming, gambling, and other matters as required under this chapter." Renumber the following bill sections accordingly. Page 3, following line 13: Insert a new bill section to read: "* Sec. 6. AS05.15.695 is amended to read: Sec. 05.15.695. SHORT TITLE. This chapter may be cited as the Alaska Gambling [GAMING REFORM] Act." Renumber the following bill sections accordingly. Representative Martin placed a call of the House on the bill. Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Finkelstein objected. The call was satisfied. 1995-05-04 House Journal Page 1858 HB 286 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 286(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Davies, Green, Hanley, Kohring, Martin, Masek, Navarre, Ogan, Parnell, Therriault Nays: Austerman, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Martin: Page 1, line 1, following "Act": (title amendment) Insert "prohibiting candidates from accepting contributions derived from the use of certain objects or devices designed or intended primarily for gaming or gambling;" Page 4, following line 2: Insert a new bill section to read: "* Sec. 6. AS15.13.070 is amended by adding a new subsection to read: (i) A candidate may not accept a contribution that is, or is derived, from the use of playing cards, dice, roulette wheels, coin- operated instruments or machines, or other objects or instruments used, designed, or intended primarily for gaming or gambling." Renumber the following bill sections accordingly. Representative Martin moved and asked unanimous consent that Amendment No. 2 be adopted. 1995-05-04 House Journal Page 1859 HB 286 Representative Finkelstein objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 286(FIN) Second Reading Amendment No. 2 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Elton, Green, Hanley, James, Kelly, Kohring, Martin, Masek, Navarre, Ogan, Parnell, Sanders, Therriault, Vezey, Willis Nays: Austerman, Brice, Brown, Davies, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Toohey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Martin: Page 1, line 7, following "laws;" (title amendment): Insert "providing for a vote on whether cruise ships or any other group should be provided an exemption to the gambling laws of the state;" Page 4, line 22: Delete all material. Insert new bill sections to read: "* Sec. 8. The lieutenant governor shall place before the qualified voters of the state at the November 1996 general election a question of whether cruise ships or any other group should receive an exemption from gambling laws of the state and be permitted to use gambling instruments or devices. The question shall appear on the ballot in the following form: 1995-05-04 House Journal Page 1860 HB 286 QUESTION Should cruise ships or any other group receive an exemption from the gambling laws of the state so as to allow them to utilize player cards, dice, roulette wheels, coin-operated instruments or machines, or other objects or instruments used, designed, or intended primarily for gaming or gambling? Yes[ ] No [ ] * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). * Sec. 10. Except for sec. 8 of this Act, this Act takes effect upon certification by the lieutenant governor that a majority of the qualified voters participating in the November 1996 general election have voted to approve an exemption from the gambling laws of the state for cruise ships or any other group in order for them to be permitted to use gambling instruments or devices." Representative Martin moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 286(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Sanders, Therriault, Willis Nays: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Ivan, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. 1995-05-04 House Journal Page 1861 HB 286 Amendment No. 4 was offered by Representative Porter: Page 1, line 9, through page 4, line 21: Delete all material and insert new bill sections to read: "* Section 1. CRUISE SHIP GAMBLING EXEMPTION. (a) Notwithstanding AS05.15.180(a), a cruise ship may conduct gambling as permitted under (b) of this section in the offshore water of the state if (1) the operator of the cruise ship annually applies on a date set by the department on a form provided by the department; (2) the operator of the cruise ship agrees to comply with AS45.50.474; and (3) the operator pays the annual exemption fee required under (c) of this section. (b) The provisions of AS11.66.200 - 11.66.280 do not apply to gambling conducted by a cruise ship for its ticketed passengers in the offshore water of the state if (1) the cruise ship is exempt under (a) of this section; (2) the cruise ship does not conduct gambling in, or within three miles of, a state port visited by the cruise ship; (3) the gambling is ancillary to the cruise and the cruise has as its main purpose scenic cruising and port visits at maritime communities in the state; and (4) the cruise ship operates under an itinerary that either originates or terminates in a port outside the state. (c) The exemption fee for a cruise ship to conduct gambling under (a) of this section is for cruise ships with a capacity of (1) 500 or fewer passengers $10,000; (2) 501 - 999 passengers $20,000; (3) 1000 - 1999 passengers $30,000; (4) 2,000 passengers or more $40,000. (d) The department shall revoke the exemption of a cruise ship that becomes ineligible to hold an exemption under this section, provides false information in an application for an exemption, violates an order issued under AS05.15.680 or conducts gambling in violation of the provisions of this section. When revoking an exemption under this subsection, the department may bar a cruise ship from obtaining an exemption under this section in the future or for a specified number of years in the future. 1995-05-04 House Journal Page 1862 HB 286 (e) AS05.15.610, 05.15.680, and 05.15.690 apply to gambling on a cruise ship. (f) AS04.16.175 does not apply to an agent or employee of a cruise ship authorized to conduct gambling activities under this section. (g) 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 an exemption under this section is guilty of unsworn falsification. (h) The tax imposed by AS43.35.010 does not apply to a coin- operated device on board a cruise ship for a tax period during which the cruise ship is authorized to conduct gambling activities under this section. (i) In this section, "offshore water of the state" means the marine water over which the state has jurisdiction. * Sec. 2. EXCEPTION TO REQUIRED DISCLOSURES IN PROMOTIONS ON BOARD CRUISE SHIPS. The prohibition contained in AS 45.50.474 does not apply to on-shore excursions that are sold on board a cruise ship. * Sec. 3. In this Act, "cruise ship" means a ship that operates at least 120 days a year anywhere in the world, provides cruises of at least 72 hours in length for ticketed passengers, provides on board the ship overnight accommodations for at least 300 passengers, is operated by an authorized cruise ship operator, and is certified under the International Convention for the Safety of Life at Sea or otherwise certified by the United States Coast Guard.. * Sec. 4. This Act is repealed September30, 1995." Renumber the following bill section accordingly. Representative Porter moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Martin: Page 2, lines 16-21: Delete all material. Insert "(b) The exemption fee for a cruise ship to conduct gambling under (a) of this section is for cruise ships with a capacity of 1995-05-04 House Journal Page 1863 HB 286 (1) 999 or fewer passengers - 5 percent of gross gambling receipts (2) 1,000-1,999 passengers - 4 percent of gross gambling receipts (3) 2,000 passengers or more - 3 percent of gross gambling receipts" Page 4, following line 2: Insert "(3) "gross gambling receipts" means the total amount of proceeds, exclusive of prize money, generated from cruise ship gambling activities conducted in the offshore water of the state." Representative Martin moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Mackie objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 286(FIN) am Second Reading Amendment No. 5 YEAS: 5 NAYS: 35 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Kohring, Martin, Masek, Ogan Nays: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 5 was not adopted. 1995-05-04 House Journal Page 1864 HB 286 Amendment No. 6 was offered by Representative Ogan: Page 2, line 18: Delete "$10,000" Insert "$20,000" Page 2, line 19: Delete "$20,000" Insert "$40,000" Page 2, line 20: Delete "$30,000" Insert "$60,000" Page 2, line 21: Delete "$40,000" Insert "$80,000" Representative Ogan moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 286(FIN) am Second Reading Amendment No. 6 YEAS: 5 NAYS: 35 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Kohring, Martin, Masek, Ogan Nays: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 6 was not adopted. 1995-05-04 House Journal Page 1865 HB 286 Representative Vezey moved and asked unanimous consent that CSHB286(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 286(FIN) am was read the third time. Representative Mackie rose to a point of order regarding confining remarks to the bill. The Speaker ruled the member in order. The question being: "Shall CSHB286(FIN) am pass the House?" The roll was taken with the following result: CSHB 286(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Hanley, Kohring, Martin, Masek, Ogan, Parnell, Sanders And so, CSHB286(FIN) am passed the House. Representative Vezey 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. 1995-05-04 House Journal Page 1866 HB 286 Representative Porter later gave notice of reconsideration of his vote on CSHB 286(FIN) am, and the reconsideration was taken up then.