Legislature(2023 - 2024)BARNES 124

02/26/2024 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 385 OCCUPATIONAL LICENSING FEES TELECONFERENCED
Heard & Held
+= HB 200 GAMING; ELECTRONIC PULL-TABS TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 289 BUSINESS LICENSE FEES TELECONFERENCED
Scheduled but Not Heard
*+ HB 179 EMPLOYEE RIGHTS, EMPLOYER SPEECH TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HB 290 CERT. OF FITNESS: PLUMBERS/ELECTRICIANS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 237 TEMPORARY PERMIT FOR LAPSED NURSE LICENSE TELECONFERENCED
Moved HB 237 Out of Committee
              HB 200-GAMING; ELECTRONIC PULL-TABS                                                                           
                                                                                                                                
3:51:11 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 200, "An  Act relating to pull-tabs;  relating to                                                               
persons prohibited  from involvement  in gaming; and  relating to                                                               
the  duties  of   the  Department  of  Revenue."     [Before  the                                                               
committee, adopted  as the working  document on 2/12/24,  was the                                                               
proposed  committee  substitute  (CS)  for HB  200,  Version  33-                                                               
GH1054\S, Wallace, 2/8/24, ("Version S").]                                                                                      
                                                                                                                                
CHAIR SUMNER opened invited testimony.                                                                                          
                                                                                                                                
3:51:44 PM                                                                                                                    
                                                                                                                                
SANDY POWERS, Owner, Big Valley  Bingo, gave invited testimony on                                                               
Version  S.    She  opined  that there  could  be  a  version  of                                                               
electronic  pull-tabs  ("E-Tabs")  that   could  be  workable  in                                                               
Alaska.   She said that  Arrow International, the  company behind                                                               
the  proposed legislation,  seems to  be creating  a monopoly  in                                                               
Alaska  because  they  bought  the  largest  distributor,  Whaler                                                               
Casino  Supply, which  is one  of only  four distributors  in the                                                               
state.   She  explained that  the E-Tab  manufacturers would  get                                                               
somewhere between 31 and 35  percent of the adjusted gross income                                                               
while  charities would  receive  30 percent.    In contrast,  she                                                               
noted  that the  cost  of  electronic bingo  games  in Alaska  is                                                               
between 2  and 10  percent.   She cited  AS 05.15.128,  which she                                                               
understood to mean that the  game average payout cannot exceed 85                                                               
percent;  however,  she  said most  E-Tab  companies  want  90-92                                                               
percent.   She questioned why  the amount  of money going  to the                                                               
charities  wouldn't increase  if  the volume  of play  increased.                                                               
Lastly,  she expressed  concern  about  the indeterminate  fiscal                                                               
note,  as the  true cost  to Alaska  charities and  businesses is                                                               
unclear.   She said she  would like to  see the bill  written for                                                               
the benefit of Alaska charities.                                                                                                
                                                                                                                                
3:59:29 PM                                                                                                                    
                                                                                                                                
DAVID  LAMBERT,  representing  self, gave  invited  testimony  on                                                               
Version  S.   He informed  the committee  that he  is a  licensed                                                               
charitable gaming  operator who  has been involved  in charitable                                                               
gaming for  30 years to protect  the interest of nonprofits.   He                                                               
said Alaska has  a unique charitable gaming system  that needs to                                                               
be protected.   He  advocated for the  switch the  E-Tabs because                                                               
the  cost  of paper  is  "out  of  control."   He  expressed  his                                                               
opposition to  AS.05.15.180(a), which would grant  the department                                                               
unrestricted  authority in  the future.    He said  the bill  was                                                               
written  by  Arrow International  for  the  company to  create  a                                                               
monopoly.   He said  the bill would  ban other  manufacturers and                                                               
put limitations on them that would  not be good for the industry.                                                               
He  explained that  Arrow International  owns most  of the  paper                                                               
pull-tab manufacturers and  would take 50 percent  of the profit.                                                               
He opined that  HB 200 should be written by  Alaskans, not by the                                                               
Department  of Revenue  (DOR).   He  acknowledged that  pull-tabs                                                               
need to be regulated; however,  non-profit protections need to be                                                               
prioritized.                                                                                                                    
                                                                                                                                
4:07:29 PM                                                                                                                    
                                                                                                                                
JOSHUA  LEWIS,  representing  self,  gave  invited  testimony  on                                                               
Version S.   He informed  the committee  that he is  a charitable                                                               
gaming operator  in Alaska and  shared his experience  working in                                                               
the field.  He said the  Alaska charitable gaming industry is the                                                               
poster  child   for  charitable  gaming  nationally.     He  said                                                               
provisions  for  nonprofits  to earn  charitable  gaming  revenue                                                               
exists in  several distinct ways,  which is not offered  in other                                                               
states.    He   said  the  introduction  of   E-Tab  machines  is                                                               
effectively  the introduction  of slot  machines into  the Alaska                                                               
market, and E-Tab manufacturers  would take somewhere between 35-                                                               
50 percent of  the charities' profit.  Further,  he reported that                                                               
E-Tab  machines  provide  5-15 percent  profit  [for  charities],                                                               
while paper pull-tabs provide 20-23  percent profit.  He reported                                                               
that  currently,  a $5  paper  pull-tab  purchase results  in  $1                                                               
profit  to  the  charity,  whereas  E-Tabs  require  a  four-fold                                                               
increase in volume to create  an equivalent financial return.  He                                                               
said  early all  participants in  Alaska charitable  gaming would                                                               
experience  a  significant  decrease  in profit  if  E-Tabs  were                                                               
introduced,  adding that  only E-Tab  manufacturers would  see an                                                               
increase in revenue.  He opined that  HB 200 is not a good option                                                               
for the state of Alaska.                                                                                                        
                                                                                                                                
4:11:03 PM                                                                                                                    
                                                                                                                                
JERRY  LEWIS,  Operator,  Northern  Lights  Bingo,  gave  invited                                                               
testimony on  Version S.   He shared  experience in  the industry                                                               
and reiterated that  Alaska has the gold  standard for charitable                                                               
gaming.   He said  the numbers spouted  by E-Tab  projections are                                                               
hypotheticals based  on states  that are  not similar  to Alaska,                                                               
and  asked  why  the  state   would  risk  charities'  income  on                                                               
hypotheticals.   He estimated that if  manufacturers would charge                                                               
between 40-50  percent, revenue  would need  to double  or triple                                                               
for  charities to  break even.   He  noted the  social ills  that                                                               
would come from  the expansion of gaming.  He  agreed that E-Tabs                                                               
are coming  to Alaska; however, the  bill as written, is  not the                                                               
answer for Alaska.  He urged a "no" vote.                                                                                       
                                                                                                                                
4:13:20 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER opened public testimony on HB 200.                                                                                 
                                                                                                                                
4:13:42 PM                                                                                                                    
                                                                                                                                
MIKE MINERS,  representing self, testified during  the hearing on                                                               
HB 200.  He said the  most important part of charitable gaming is                                                               
the charitable  organization.  He  shared personal  anecdotes and                                                               
said if vendors are to be  trusted to use E-Tabs, someone must be                                                               
accountable to the  money.  He said pull-tab money  must be "made                                                               
in one year and spent the  next" because it is made for charities                                                               
to spend the money.                                                                                                             
                                                                                                                                
4:18:27 PM                                                                                                                    
                                                                                                                                
DAVID   SANDEN,  Hidden   Treasures  Multi   Beneficiary  Permit,                                                               
testified in opposition  to HB 200.  He said  the bill as written                                                               
does not propose a cap on  what E-Tab manufacturers would be able                                                               
to charge, and  without a cap, most  if not all of  the net gains                                                               
would  be funneled  out of  state.   In addition,  it is  unclear                                                               
whether the E-Tab  software would allow permit  holders to impose                                                               
a  local sales  tax on  cash and  the exchange  of playbacks  for                                                               
additional pull  tabs.  He  argued that  the lion's share  of the                                                               
realized profits from an increase  in net pull-tab receipts would                                                               
leave the  state and only marginally  benefit Alaska's charitable                                                               
organizations.   Furthermore, many organizations would  be unable                                                               
to  run E-Tabs  at all.    He recommended  including language  to                                                               
limit the amount of ideal net that  may be charged for the use of                                                               
E-Tab  devices  to no  more  than  15  percent.   He  voiced  his                                                               
opposition to the proposed legislation as written.                                                                              
                                                                                                                                
4:22:40 PM                                                                                                                    
                                                                                                                                
JOHN POWERS,  Big Valley Bingo,  testified during the  hearing on                                                               
HB 200 and  said he concurred with past testimony.   He urged the                                                               
committee to speak  with Deb McDaniel from North Dakota  who is a                                                               
knowledgeable resource  on charitable gaming.   He said  the bill                                                               
should be crafted by Alaskans for Alaska charities.                                                                             
                                                                                                                                
4:24:52 PM                                                                                                                    
                                                                                                                                
JACK HEESCH,  President, Anchorage Youth &  Recreation, testified                                                               
during the  hearing on HB  200.   He reminded the  committee that                                                               
there  are smaller  charitable  organizations  that help  improve                                                               
lives in Alaska.                                                                                                                
                                                                                                                                
4:28:18 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 4:28 p.m.                                                                                 
                                                                                                                                
4:28:46 PM                                                                                                                    
                                                                                                                                
DON  WINCHESTER,  Board  Vice President,  Alliance  for  American                                                               
Legion Baseball,  testified in opposition  to HB 200.   He shared                                                               
that his  organization receives  $30,000 annually  from pull-tabs                                                               
for gap funding.  He opined  that the bill is loosely written and                                                               
said  he would  not want  to gamble  on the  idea that  increased                                                               
volume would result in more money [to the nonprofits].                                                                          
                                                                                                                                
4:31:26 PM                                                                                                                    
                                                                                                                                
NANCY DECHERNEY, representing self,  testified during the hearing                                                               
on  HB 200.   She  said  [E-Tabs] is  the future,  so a  solution                                                               
should be found  that benefits Alaska and the non-profits.    She                                                               
said  charitable gaming  is an  important way  to have  augmented                                                               
funding.     She  asked  members  to do  what  they  can so  that                                                               
charitable groups can do their work.                                                                                            
                                                                                                                                
4:32:38 PM                                                                                                                    
                                                                                                                                
MICHAEL   TICE,  President,   Peninsula  Oilers   Baseball  Club,                                                               
testified in  support of HB 200.   He likened the  E-Tab proposal                                                               
to  the electronic  modernization of  bingo.   He opined  that it                                                               
would increase [Peninsula Oilers Baseball Club's] revenue.                                                                      
                                                                                                                                
4:33:47 PM                                                                                                                    
                                                                                                                                
PAULETTE JOY,  President, AMVETS  Ladies Auxiliary,  testified in                                                               
support of  HB 200.   She emphasized  the need to  help veterans,                                                               
their families, and Alaska's active military.                                                                                   
                                                                                                                                
4:35:16 PM                                                                                                                    
                                                                                                                                
SHARI FULTON,  AMVETS Ladies Auxiliary,  testified in  support of                                                               
HB  200.   She said  revenue needs  to be  provided for  Alaska's                                                               
military.   She  pointed out  that people  are not  responding to                                                               
traditional  gatherings, such  as  bake sales;  however, they  do                                                               
play pull-tabs.                                                                                                                 
                                                                                                                                
4:36:21 PM                                                                                                                    
                                                                                                                                
MICHELLE SAS, representing self,  informed the committee that she                                                               
is  a  member  of  AMVETS  Ladies  Auxiliary.    She  shared  her                                                               
understanding  that the  bill would  only add  to the  ability to                                                               
increase the  available earnings for charities,  not affect paper                                                               
pull-tabs.   She said AMVETS  relies on the money  from pull-tabs                                                               
and looks  forward to the  potential increase in revenue  that E-                                                               
Tabs would bring.                                                                                                               
                                                                                                                                
4:37:33 PM                                                                                                                    
                                                                                                                                
CHARLES BORING,  representing self, testified during  the hearing                                                               
on HB 200.  He said  electronic gaming operators are looking hard                                                               
at  HB 200  because  it affects  their operations.    He said  he                                                               
supports electronic gaming,  but not HB 200 as written.   He said                                                               
he  would be  glad to  be  involved in  a re-write  of the  bill.                                                               
Nonetheless, he maintained that electronic  gaming needs to be in                                                               
Alaska.                                                                                                                         
                                                                                                                                
4:40:14 PM                                                                                                                    
                                                                                                                                
CHRISTA  FOLI,  Department  Commander, AMVETS  Ladies  Auxiliary,                                                               
testified in support of HB 200.   She said military clubs rely on                                                               
money from  pull-tabs.  She  shared her understanding  that paper                                                               
pull-tabs  would not  be affected,  noting that  electronic bingo                                                               
didn't replace paper bingo.   She said she sees electronic gaming                                                               
as a benefit to Alaska.                                                                                                         
                                                                                                                                
4:42:09 PM                                                                                                                    
                                                                                                                                
DIANA TICE, Alternative Member in Charge, Old Town Bingo,                                                                       
testified in support of HB 200.  She said E-Tabs would help grow                                                                
their customer base and increase customer engagement.                                                                           
                                                                                                                                
4:43:24 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER closed public testimony on HB 200.  He announced                                                                   
that the bill would be held over.                                                                                               

Document Name Date/Time Subjects
HB 179 ver A.PDF HL&C 2/26/2024 3:15:00 PM
HB 179
HB 179 Sponsor Statement.pdf HL&C 2/26/2024 3:15:00 PM
HB 179
HB 179 Sectional Analysis.pdf HL&C 2/26/2024 3:15:00 PM
HB 179
HB200 Presentation to H.L&C 02.12.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 200
HB 200 Sectional Analysis 02.12.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 200
HB 200 Transmittal Letter 05.09.23.pdf HL&C 2/26/2024 3:15:00 PM
HB 200
HB200-DOR-TAX-02-09-24.pdf HL&C 2/26/2024 3:15:00 PM
HB 200
HB 290 Sectional Analysis Version A.pdf HL&C 2/26/2024 3:15:00 PM
HB 290
HB 290 Sponsor Statement Version A.pdf HL&C 2/26/2024 3:15:00 PM
HB 290
HB290 HL&C COF Presentation.pptx HL&C 2/26/2024 3:15:00 PM
HB 290
MI 2023 5 Year Review Chart.pdf HL&C 2/26/2024 3:15:00 PM
HB 290
DOR Response to H.L&C HB200 presentation 02.22.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 200
HB 200 ver S Sectional Analysis 02.22.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 200
HB 200 Summary of changes ver A to S 02.22.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 200
HB 385 Fiscal Note version A 2.26.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 385
HB 385 Sectional Analysis version A 2.26.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 385
HB 385 Sponsor Statement version A 2.26.24.pdf HL&C 2/26/2024 3:15:00 PM
HB 385
HB0385A.pdf HL&C 2/26/2024 3:15:00 PM
HB 385