Legislature(2023 - 2024)BARNES 124

03/13/2024 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 378 ORG. RETAIL THEFT/FUND;MKTPLACE SALES TAX TELECONFERENCED
<Bill Hearing Rescheduled to 03/15/24>
+= HB 200 GAMING; ELECTRONIC PULL-TABS TELECONFERENCED
Heard & Held
+= HB 285 MAMMOGRAMS: INSURANCE COVERAGE TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Presentation: Pacific Health Coalition TELECONFERENCED
<Above Item Rescheduled to 3/18/24>
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HB 271 PARENTAL CONSENT FOR SOCIAL MEDIA ACCOUNT TELECONFERENCED
<Bill Hearing Canceled>
+= HB 175 BOARD OF LICENSED MIDWIVES TELECONFERENCED
Moved CSSSHB 175(L&C) Out of Committee
              HB 200-GAMING; ELECTRONIC PULL-TABS                                                                           
                                                                                                                                
4:51:09 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that the  final 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").]                                                                                       
                                                                                                                                
The committee took an at-ease at 4:51 p.m.                                                                                      
                                                                                                                                
4:51:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  moved to  adopt Amendment 1  to Version                                                               
S, labeled 33-GH1054\S.2, Wallace, 3/8/24, which read:                                                                          
                                                                                                                                
     Page 2, following line 3:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec. 3. AS 05.15.115(b) is amended to read:                                                                      
          (b)  The contract between an authorizing                                                                              
     permittee and  an operator must include  the amount and                                                                    
     form of  compensation to be  paid to the  operator, the                                                                    
     term of  the contract,  the activities to  be conducted                                                                    
     by  the  operator  on  behalf  of  the  permittee,  the                                                                    
     location where the activities are  to be conducted, the                                                                    
     name and  address of  the member  in charge,  and other                                                                    
     provisions  the  department  may  require.  A  contract                                                                
     between an  authorizing permittee  and an  operator may                                                                
     allow the  operator to pool  permittees and  divide the                                                                
     gaming  income  and  payouts   among  permittees  on  a                                                                
     percentage basis.  A contract for paper  pull-tabs must                                                                
     require the operator to pay  an authorizing permittee a                                                                
     minimum of 30 percent of  the ideal net. A contract for                                                                
     electronic pull-tabs  must require the operator  to pay                                                                
     an  authorizing permittee  a minimum  of 30  percent of                                                                
     the gross receipts minus prize payouts monthly."                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE WRIGHT objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  explained that Amendment 1  is intended                                                               
to set  a minimum of 30  percent of adjusted gross  income (AGI).                                                               
He said  it would be  helpful to put side  boards on some  of the                                                               
payments that are associated with these processes.                                                                              
                                                                                                                                
4:52:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RUFFRIDGE  moved   Conceptual  Amendment   1  to                                                               
Amendment 1, which would delete  "ideal net" and insert "adjusted                                                               
gross  income" on  page 1,  line 12,  and delete  "gross receipts                                                               
minus prize  payouts monthly" and insert  "adjusted gross income"                                                               
on lines 14 and 15.                                                                                                             
                                                                                                                                
REPRESENTATIVE PRAX  objected.  He shared  his understanding that                                                               
"ideal net"  means something specific  to the industry.   He said                                                               
he did not understand AGI as it applies to pool tabs.                                                                           
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  explained  that   ideal  net  is  only                                                               
functional  once  the  entire  batch   of  game  has  been  sold.                                                               
Alternatively,  electronic pool  tabs are  purchased by  the play                                                               
and  in many  cases, operators  could be  taking a  "massive hit"                                                               
with the term "ideal net."                                                                                                      
                                                                                                                                
REPRESENTATIVE  PRAX shared  his understanding  that the  risk of                                                               
not  selling the  whole  batch  of pool  tabs  was  borne by  the                                                               
operator rather than the permittee.                                                                                             
                                                                                                                                
4:55:22 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Saddler, Wright,                                                               
Carrick,  Fields,  Ruffridge,  and   Sumner  voted  in  favor  of                                                               
Conceptual  Amendment  1 to  Amendment  1.   Representative  Prax                                                               
voted  against   it.    Therefore,  Conceptual   Amendment  1  to                                                               
Amendment 1 passed by a vote of 6-1.                                                                                            
                                                                                                                                
4:56:01 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Ruffridge, Saddler,                                                               
Wright, Carrick, Fields,  and Sumner voted in  favor of Amendment                                                               
1, as  conceptually amended.   Representative Prax  voted against                                                               
it.  Therefore,  Amendment 1, as amended, passed by  a vote of 6-                                                               
1.                                                                                                                              
                                                                                                                                
4:56:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE move to adopt  Amendment 2 to Version S,                                                               
labeled 33-GH1054\S.3, Wallace, 3/8/24, which read:                                                                             
                                                                                                                                
     Page 5, following line 23:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(i)  A pull-tab manufacturer or an agent of a                                                                        
     manufacturer  may not  provide to  a vendor,  operator,                                                                    
     permittee,  distributor,   municipality,  or  qualified                                                                    
     organization   compensation   or  a   gift,   gratuity,                                                                    
     premium, or other  thing of value in  an amount greater                                                                    
     than  $25  annually, including  the  value  of a  gift,                                                                    
     gratuity, premium  or other thing of  value provided to                                                                    
     an  individual   employee  or  agent  of   the  vendor,                                                                    
     operator,  permittee,   distributor,  municipality,  or                                                                    
     qualified organization."                                                                                                   
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 6, following line 23:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(g)  A distributor may not provide to an                                                                             
     employee  or  agent  of a  licensed  vendor,  operator,                                                                    
     permittee,  municipality,   or  qualified  organization                                                                    
     compensation  or a  gift, gratuity,  premium, or  other                                                                    
     thing of value in an  amount greater than $25 annually,                                                                    
     including the  value of a  gift, gratuity,  premium, or                                                                    
     other  thing   of  value  provided  to   an  individual                                                                    
     employee or  agent of the vendor,  operator, permittee,                                                                    
     municipality, or qualified organization."                                                                                  
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE WRIGHT objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  explained that  Amendment 2  follows up                                                               
on concerns  regarding manufacturers that  may use a  kickback or                                                               
rebate in order to incentivize  vendors, operators, or permittees                                                               
to utilize  their program.   He opined that leveling  the playing                                                               
field  by making  kickbacks  of more  than  $25 annually  illegal                                                               
would be a good sideboard on electronic pool tabs.                                                                              
                                                                                                                                
4:58:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER expressed  concern about  the use  of the                                                               
term  "kickback"   and  its  potentially   negative  connotation.                                                               
Nonetheless, he opined that Amendment  2 would provide reasonable                                                               
reassurance to the public that there's no extra rebate.                                                                         
                                                                                                                                
4:59:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT removed  his  objection.   There being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
4:59:12 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that Version S, as amended, would be held                                                                
over.                                                                                                                           

Document Name Date/Time Subjects
S.2 for HB 200.pdf HL&C 3/13/2024 3:15:00 PM
HB 200
S.3 for HB 200.pdf HL&C 3/13/2024 3:15:00 PM
HB 200
6 HB 285 - Nat'l Cancer Institute.pdf HL&C 3/13/2024 3:15:00 PM
HB 285
5 HB 285 - Komen Report.pdf HL&C 3/13/2024 3:15:00 PM
HB 285
4 HB 285 - Preventing Chronic Disease.pdf HL&C 3/13/2024 3:15:00 PM
HB 285
HB378 220329_OrganizedRetailTheft_Congress_NGA_NCSL_NDAA.pdf HL&C 3/13/2024 3:15:00 PM
HB 378
HB378 231212_OrganizedRetailCrimeHearing_HouseHomeland_2023-12-12-144642_ipii.pdf HL&C 3/13/2024 3:15:00 PM
HB 378
HB378 The fight against stolen products on Amazon and Facebook Marketplace - CNBC.pdf HL&C 3/13/2024 3:15:00 PM
HB 378
HB378 ASIS Article - Megan Gates - Organized Retail Crime - Oct 2023.pdf HL&C 3/13/2024 3:15:00 PM
HB 378
HB 378 ver. B Sectional Analysis 2.26.2024.pdf HL&C 3/13/2024 3:15:00 PM
HB 378
HB 378 Sponsor Statement.pdf HL&C 3/13/2024 3:15:00 PM
HB 378
HB271 Sectional Analysis Version B.pdf HL&C 3/13/2024 3:15:00 PM
HB 271
HB271 Sponsor Statement.pdf HL&C 3/13/2024 3:15:00 PM
HB 271
HB200 Concerns.pdf HL&C 3/13/2024 3:15:00 PM
HB 200
HB200 Opposition Letters.pdf HL&C 3/13/2024 3:15:00 PM
HB 200
ltr support HB 285 mammogms.pdf HL&C 3/13/2024 3:15:00 PM
HB 285
HB 285 Committee Questions.pdf HL&C 3/13/2024 3:15:00 PM
HB 285
SJ response to HB 285.docx HL&C 3/13/2024 3:15:00 PM
HB 285
CLEAR letter re HB 378.pdf HL&C 3/13/2024 3:15:00 PM
HB 378