Legislature(2023 - 2024)BELTZ 105 (TSBldg)
03/13/2024 01:30 PM Senate LABOR & COMMERCE
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SB234 | |
SB146 | |
SB219 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 234 | TELECONFERENCED | |
*+ | SB 146 | TELECONFERENCED | |
*+ | SB 219 | TELECONFERENCED | |
SB 146-GAMING; ELECTRONIC PULL-TABS 1:42:37 PM CHAIR BJORKMAN reconvened the meeting and announced the consideration of SENATE BILL NO. 146, "An Act relating to pull- tabs; relating to persons prohibited from involvement in gaming; and relating to the duties of the Department of Revenue." 1:43:15 PM ADAM CRUM, Commissioner, Department of Revenue (DOR), Juneau, Alaska, introduced SB 146 on behalf of the sponsor and explained that this legislation would help charities by removing caps and allowing access to a new form of gaming. He said the new form of gaming would increase revenue to all parties (as has been shown in other states). 1:44:10 PM BRANDON SPANOS, Acting Director of the Tax Division, Department of Revenue (DOR), advanced to slide 2 of a presentation on SB 146: [Original punctuation provided.] SB 146 Current Pull-Tab Gaming Structure Tax Division mission: To collect taxes, inform stakeholders, and regulate charitable gaming. Who can conduct gaming activities in Alaska? • Municipalities • Qualified nonprofit organizations What are examples of a qualified nonprofit organization? • Civic or Service Organizations • Religious • Charitable • Fraternal • Veterans • Labor • Political • Educational • Police Or Fire Departments and Companies • Dog Mushers' Associations • Outboard Motor Associations • Fishing Derby • Nonprofit Trade Associations MR. SPANOS explained that the purpose of gaming activities is to provide public benefit in the form of money that supports non- profit organizations. He noted that, in addition to pull-tabs, the division also regulates bingo and raffles. 1:45:59 PM MR. SPANOS advanced to slide 3: [Original punctuation provided.] SB 146 Current Pull-Tab Gaming Structure Overview • Annual permits range from $20 to $100 • 1 percent fee on net proceeds annually from permittees with gross receipts of $20,000 or more • Annual licenses range from $500 to $2,500 • 3 percent tax on pull-tabs sold by distributor due monthly MR. SPANOS explained that the program issues permits and licenses to conduct gaming activities, collect fees and taxes, conduct audits, and investigates complaints from the public and other permittees. Permittees and licensees file monthly, quarterly, and annual returns (depending on the amount of gross receipts and the type of permit or license held). Manufacturers and distributers file monthly reports. Operators file monthly reports to permittees but not to the tax division. He noted that permit and license fees, pull-tab taxes, and net proceeds fees are deposited into the general fund. He directed attention to a chart on slide 3 detailing the amount for each category for the last three years. 1:47:21 PM MR. SPANOS advanced to slide 4, displaying the number of permittees, operators, multi-beneficiary permittees, distributors, and manufacturers that report to the division as well as the number of reports received. He noted that the number of permittees in 2023 was 1,045 and 3,344 reports were received from those permittees. 1:47:56 PM MR. SPANOS advanced to slide 5: [Original punctuation provided.] SB 146 Pull-Tab Gaming History 1960 - The Alaska Legislature legalized gaming and gave oversight for all gaming activities to the Department of Revenue (DOR). 1984 - The DOR authorized pull-tabs by regulation. 1988 - The Legislature legalized operators, authorized pull-tabs, and increased prize limits. 1989 - Under administrative order, gaming functions transferred to the Department of Commerce, Community and Economic Development. 1993 - Under administrative order, gaming functions transferred back to the DOR and the Legislature significantly changed various aspects of the gaming statutes to include: • Permittees allowed to contract with 3rd-party vendors to sell pull-tabs • Multiple-Beneficiary Permits (MBPs) created • Minimum payments by operators to the permittees, increased from 15 percent to 30 percent of adjusted gross income for pull-tab games 1:48:45 PM MR. SPANOS advanced to slide 6: [Original punctuation provided.] SB 146 Bill Overview Allows pull-tab games to be expanded from traditional paper pull-tabs to include electronic pull-tabs or e- tabs. • Current statute defines a "pull-tab game" as a game of chance where a card, the face of which is covered to conceal a number, symbol, or set of symbols, is purchased by the participant and where a prize is awarded for a card containing certain numbers or symbols designated in advance and at random. Increases the prize limits for permittees who contract with an operator from a maximum of $500,000 in prizes each year to a maximum of $2,000,000 in prizes each year for electronic pull-tab activities and a maximum of $1,000,000 in prizes each year for other gaming activities. Provides unique limitations for electronic pull tab systems that the paper pull-tab games do not have: • A series may not exceed 15,000 tickets • A Vendor may not have more than five electronic pull tab devices on premises • An Operator may not have more than ten electronic pull tab devices on premises Note: There is no limit for the number of electronic pull tab devices for permittees. 1:49:59 PM MR. SPANOS advanced to slide 7: [Original punctuation provided.] SB 146 - Estimated Revenue Impact Data from five other states that have implemented e- tabs was used to prepare the fiscal analysis. • Minnesota • New Hampshire • Kentucky • Virginia • North Dakota The average of the other five states was used for the fiscal note. This estimated revenue is one option in a wide range of uncertainty. We have provided the high and low cases of our analysis below to demonstrate the possible range of outcomes. MR. SPANOS said that the DOR analysis indicates that expanding gaming to electronic pull-tabs ("e-tabs") would generate additional positive revenue. He directed attention to a chart on slide 7 titled, "Possible Alaska Additional Revenue from Adding E-Tabs ($ millions)" and said that there would be an estimated $1 million in additional state revenue in the first full year of implementation (FY 2026). This would increase to $3 million in FY 2030. He explained that there is no expected impact in FY 2025 due to a year-long implementation process. 1:51:16 PM MR. SPANOS reviewed points on slide 8: [Original punctuation provided.] SB 146 - Implementation Cost • The Charitable Gaming group has been reduced due to budget cuts over recent years • Currently very small group within the Tax Division • SB 146 creates an added burden on the group that necessitates adding positions to provide adequate service to permittees, operators and others as well as enforcement • Two positions at a cost of $225,300 per year as part of fiscal note • Other costs for software and forms updates will be absorbed by the Division MR. SPANOS explained that the charitable gaming group currently consists of three positions - two of which are currently vacant. He indicated that it is a large job for three individuals - larger still for a single person. 1:52:35 PM SENATOR GRAY-JACKSON asked if the increase in prize limits is expected to increase state revenue. 1:52:56 PM MR. SPANOS answered that increased prize limits could increase state revenue through increased gaming activity. He explained that each operator could potentially have increased gaming activity as a result of higher prizes. 1:53:14 PM SENATOR GRAY-JACKSON asked how e-tabs would increase state revenue. 1:53:29 PM MR. SPANOS answered that the DOR analysis indicates that other states that utilize e-tabs saw an associated increase in state revenue. The analysis concluded that this is likely because e- tabs appeal to some individuals who are not interested in paper pull-tabs. He referred to a presentation by Arrow International which showed that a younger generation of players are engaging with e-tabs (though this younger generation is still adult age). 1:54:11 PM CHAIR BJORKMAN asked for confirmation that SB 146 is forecasted to raise state revenue by $1 million. 1:54:32 PM MR. SPANOS replied that this is correct. 1:54:40 PM CHAIR BJORKMAN asked how many additional dollars Alaskans would have to gamble to create the additional $1 million in revenue. 1:54:55 PM MR. SPANOS answered that he could supply the exact number at a later time. He shared his understanding that pull-tabs have a 3 percent return; however, there may be other fees involved. He agreed that it would require an increase in gaming activity to create the additional revenue. 1:55:20 PM CHAIR BJORKMAN asked if charities would see a proportional increase in revenue. 1:55:34 PM MR. SPANOS replied yes, the charities would have an increase in revenue. 1:55:40 PM CHAIR BJORKMAN asked if the revenue increase to charities would be proportionate. 1:55:43 PM MR. SPANOS replied that because the state's take is a percentage - except for the flat permits and fees - it would be very proportionate. 1:55:54 PM CHAIR BJORKMAN asked for clarification that if gameplay increased 4x, the department would receive a 4x increase in revenue and charities would also receive a 4x increase. 1:56:23 PM MR. SPANOS clarified that it may not be exactly the same 4x increase, but it would be very close. 1:56:39 PM SENATOR GRAY-JACKSON asked what percentage charities receive. 1:56:47 PM MR. SPANOS replied that he would defer that question to Martha Abel. 1:57:14 PM MARTHA ABEL, Gaming Manager, Department of Revenue (DOR), Juneau, Alaska, said that she was unable to hear the question. 1:57:35 PM SENATOR GRAY-JACKSON asked what percentage charities receive from gaming. 1:57:40 PM MS. ABEL replied that nonprofits (permittees) receive 100 percent of net proceeds from gaming. She explained that the gross receipts come in, expenses are subtracted from this total. Certain licensees charge a fee, which is in an additional expense. The net proceeds are what is left after all of these fees are taken out. She was unable to give an exact percentage but offered to get back to the committee with this information. 1:59:01 PM SENATOR GRAY-JACKSON expressed her appreciation and said that this provides a clear answer. 1:59:11 PM CHAIR BJORKMAN indicated that the committee would be interested to know - for every dollar spent on a pull-tab - how many cents are going to charity. MS. ABEL replied that she would provide this information to the committee. 1:59:50 PM MR. SPANOS expressed his appreciation to the committee. 2:00:36 PM MARY MAGNUSON, Vice President of Governmental Affairs, Arrow International, St. Paul, Minnesota, began her presentation on SB 146. She advanced to slide 2 and offered a brief history of her work experience and Arrow International (Arrow). She explained that e-tabs are an evolution of paper pull-tabs, not a replacement. She emphasized that Arrow is not attempting to create a monopoly, though they did recently acquire a distributor in Alaska - Whaler Casino Supply - this was to create more distribution outlets for product. She pointed out that, in Alaska, it is possible for a manufacturer to also hold a distributor license. She described the purchase as an investment in Alaska. 2:04:12 PM MS. MAGNUSON advanced to slide 3 and compared paper and electronic pull tabs. She explained that there is little difference between the two formats. She briefly discussed the cost range for both. With respect to paybacks - the amount that goes back to the player in the form of prizes - she stated that paper games average 82 percent (the charity holds roughly 18 percent). Electronic games tend to run a little higher, with a 90 percent payback. She added that charities do very well at this rate of payback but acknowledged that some have expressed concern with this amount not leaving enough to the charity (10 percent). However, she explained that, like paper games, electronic games are offered in a variety of paybacks (developed based on market demand). She stated that there is no need to fear that all games will include a 90 percent payback since the game payback will adjust to market demand. 2:06:04 PM MS. MAGNUSON advanced to slide 4: [Original punctuation provided.] ELECTRONIC PULL TABS • Electronic pull tab devices show the ticket results on a digital display • Replicates existing paper pull tab with low stakes, low wagers & limited prizes • Multiple games on each device • Multiple payout options - 85 percent or 90 percent • Connects to standard internet and for tablets, standard Wi-Fi • New games provided regularly • Robust record keeping and reporting features, including reports configured to state requirements and direct DOR access MS. MAGNUSON explained that the payout for paper pull-tabs is around 82 percent, leaving 18 percent for the charity. E-tabs tend to run a little higher, with a 90 percent payout. She acknowledged that there has been concern that a 90 percent payout does not leave enough for charities (10 percent); however, electronic games (like their paper counterparts) can have a variety of payouts. She indicated that whatever the market wants can be developed. She opined that there is no need to fear a 90 percent (or more) payout. She explained that the games can either come in a stand-alone cabinet style or a more portable tablet. SB 146 would allow both. She pointed out that tablets offer greater ease and flexibility for rural communities. 2:09:06 PM MS. MAGNUSON advanced to slide 5: [Original punctuation provided.] BENEFITS OF ELECTRONIC PULL TABS • Increased revenues to charities (permittees) • Average 74 percent increase in other states with electronic pull tabs based on state data • Attracts new players • Provides sustainability for veteran and fraternal clubs • Complements paper games • No significant decline in paper ticket sales in any state • Competitive pricing • Likely 30 percent to 33 percent of net • Increases accountability • Simplifies monitoring and reporting • Enhances regulatory oversight MS. MAGNUSUN noted that "net revenue" is equal to wagers less prizes. She explained that there are no upfront costs to charities; if no one played the e-tabs then the charity would not lose money. She went on to say that the charity pays when pull-tabs and e-tabs are sold. She stated that there would be competitive pricing and indicated that concerns related to manufacturers taking too much money are unfounded. She briefly discussed distributor rates and explained that paper pull-tabs cost 20 percent while e-tabs would cost 30 percent. She emphasized that the charities receive the equipment up front - at no cost. All equipment servicing is included, and new games are provided on a regular basis. She noted that these games cost between $200,000 and $300,000 to develop. In addition, there is 24-hour customer service available for any questions. She opined that the price may be higher but there are more benefits that justify this price increase. She contrasted the sale of e-tabs (if they do not sell, no payment is required) to the sale of paper pull-tabs (the box of tickets is purchased up-front, so if tickets are not sold, the charity loses money). 2:15:23 PM MS. MAGNUSON reiterated that with e-tabs, the charities only pay for what they sell. This eliminates the "unplayed ticket" penalty. She went on to explain that e-tabs increase accountability by utilizing back-end reporting that allows for easier monitoring. Additionally, it is impossible for a seller to suggest that one game might be better than others based on the number of winners and remaining number of tickets, as this information is not available when playing e-tabs. She noted that the rule disallowing the sale of pull-tabs to relatives does not apply to e-tabs. E-tabs increase regulatory oversight by allowing electronic reports and back-end device access via an online portal system. 2:16:47 PM MS. MAGNUSON advanced to slide 6: [Original punctuation provided.] WHAT CAN ALASKA EXPECT FROM ELECTRONIC PULL TABS? • Electronic pull tabs will be optional, NOT mandatory. • Paper pull tabs will NOT go away. • Bingo will not be destroyed. • NO up-front investment required; Charity has no risk. • NOT an expansion of gaming; just pull tabs in a modern format. • The current regulatory structure will NOT change. • Charity gaming revenue WILL increase. MS. MAGNUSON noted that currently, the maximum amount that can be spent per ticket is $2 and maximum prize is $500. This remains the same for e-tabs. 2:18:19 PM MS. MAGNUSON advanced to slide 7, titled "Net Profit Comparison: Paper pull-tabs and electronic pull-tabs" and explained that in states that utilize both paper pull-tabs and e-tabs, there has been an average increase of 74 percent of net receipts. In these states, paper pull-tab sales continue to increase alongside the adoption of e-tabs. She noted that the numbers included come from state agencies. 2:19:29 PM MS. MAGNUSON advanced to slide 8, depicting a graph of Ohio pull-tab net receipts, and explained that the net receipts for charities increased from $200 million around $375 million with the addition of e-tabs. 2:19:49 PM MS. MAGNUSON advanced to slide 9, depicting a graph of Minnesota pull tab net receipts, and explained that Minnesota sells more pull-tabs than any other state. The addition of e-tabs has resulted in a dramatic increase in charitable revenue. 2:20:20 PM MS. MAGNUSON advanced to slide 10, depicting a graph of North Dakota pull tab net receipts, and noted the steady sale of paper pull-tabs contrasted with the tremendous growth of e-tab sales. 2:20:31 PM MS. MAGNUSON advanced to slide 11, depicting a graph of Kentucky pull tab net receipts, and noted the significant growth in e-tab sales. 2:20:34 PM MS. MAGNUSON advanced to slide 12, depicting a graph of Virginia pull tab net receipts, electronic games. 2:20:40 PM SENATOR DUNBAR referred to slide 10 and noted that North Dakota's population size is similar to Alaska. He asked how much gaming activity is required to reach $200 million in net receipts. MS. MAGNUSON answered that it likely takes around $1 billion in gross receipts. 2:21:46 PM SENATOR DUNBAR commented that North Dakota's population is slightly larger than Alaska. 2:21:58 PM MS. MAGNUSON stated that North Dakota has a population of 770,000. SENATOR DUNBAR noted that this is about 50 thousand people more than live in Alaska. He asked if Alaska's industry would be of approximate size. MS. MAGNUSON replied that it is hard to predict. She said that the gross receipt number can be misleading. She offered an example of someone who has $20 to spend on gaming - and can purchase paper pull-tabs or e-tabs. 2:22:58 PM SENATOR MERRICK joined the meeting. MS. MAGNUSON continued to explain that in North Dakota, the payout (to charities) on paper pull-tabs is around 80 percent and around 92 percent for e-tabs. She gave an example of someone with $20 to spend on pull-tabs/e-tabs and the cycle of winning/spending that would occur over the course of play. Regardless of whether they go home with prize money, they have still only spent the initial $20. The gross receipt amount includes all of the money that the person won - and then chose to reinvest in additional games ("playbacks"). She said that, while this counts as economic activity, the number is a little exaggerated. 2:24:13 PM SENATOR DUNBAR asked if the 8 percent captured by operator is equal to the nearly $200 million shown on the chart. MS. MAGNUSON answered that the $200 million is the 8 percent. SENATOR DUNBAR commented that the gross receipts must be over $2 billion in order to reach this number. He acknowledged that the $2 billion is cycling; however, $2 million is extracted from players (equal to 8 percent of the money spent). He asked for clarification that this is accurate. 2:25:27 PM MS. MAGNUSON answered that this is true for 92 percent and added that this is an example of a high market. Most markets are closer to 90 percent, and some are lower (around 85 percent). She noted that it also depends on the payback. She confirmed that the analysis is correct; however, the numbers involved would change depending on the market percent. SENATOR DUNBAR asked for clarification on the distinction between the money received by the charity and the pull-tab net receipt growth. MS. MAGNUSON clarified that it is the amount of money that the charity retains after all prizes paid. 2:26:47 PM SENATOR DUNBAR pointed out that the charity is not the only entity being paid - the government takes a tax, the owners take a profit. He asked if the $200 million is distributed to these entities and the charity receives a portion of this - or if the entire $200 million is given to the charity. 2:27:04 PM MS. MAGNUSON clarified that a portion of the $200 million goes to taxes and expenses and whatever is left goes to the charity as profit (net minus expenses). 2:27:31 PM SENATOR GRAY-JACKSON expressed confusion and asked for clarification about the amount that charities receive. 2:27:52 PM MS. MAGNUSON explained that, in this case, "net receipts" are what is left after all prizes are paid. The charity (permittee) must pay expenses out of this net receipt amount. This includes a 3 percent tax to the state, cost of games, employee salaries, etc. Once these expenses are paid, what is left is considered "net profit" and this is what the charity keeps. She noted that if the charity has few expenses and works with volunteers, this profit will be higher. She added that it is in the charity's interest to control these expenses - which they generally try to do. 2:29:17 PM CHAIR BJORKMAN expressed interest in how the "pie" is divided from previous pull-tabs to what is proposed by SB 146. He said that he would like the distribution of funds to remain the same or to have more of the money go to the charity - particularly since more money would be redirected from the economy to pull- tabs and e-tabs (the cabinet version of which is comparable to a slot machine). 2:30:18 PM SENATOR DUNBAR requested to see the last slide. He noted that there is a projected 40 percent increase in net profits. He asked why the projected increase is not more like that of North Dakota. 2:31:00 PM MS. MAGNUSON advanced to slide 13, depicting a graph of projected Alaska gaming profits, and explained that this shows the profit to Alaskan charities (about $46 million), which is after all expenses. She clarified that the chart for North Dakota was the gross less prizes, without expenses taken out. In addition, she noted that this is a conservative projection and is average across the country. 2:31:59 PM CHAIR BJORKMAN opened public testimony on [SB 146]. 2:32:17 PM MAC MEINERS, representing self, Anchorage, Alaska, testified with concerns on SB 146. He said he has been involved in gaming for many years. He offered clarification on the amount received by vendors, operators, and fraternal organizations. He emphasized that the percentage must make the game viable or the charity will suffer. He asserted that 22.5 to 24 percent is the minimum required to make money. He expressed doubt that 10 to 15 percent would be successful. He stated that he agrees with the increase in prize limits and believes the amount received by manufacturers should be 20 percent. 2:34:43 PM CHRISTA FOLI, Commander, American Veterans (AMVETS), Department of Alaska, Anchorage, Alaska, testified in support of SB 146. She said that sister organizations in states that utilize e-tabs have had increased profits that are given to charities. She added that these organizations are volunteer run, so the charities receive 98 percent of the funds. She said that younger adults are not interested in paper pull-tabs but enjoy spending money at slot machines in Las Vegas. She would like to keep this money in the state. 2:37:26 PM DAVID SANDEN, Manager, Hidden Treasures Multi Beneficiary Permit, Juneau, Alaska, testified in opposition to SB 146. He stated that an increase in the prize allowance would result in fewer non-profits receiving money through charitable gaming. He asserted that SB 146 would limit participation in the marketplace and that the market would likely be controlled by the manufacturers and distributors of electronic gaming equipment. He surmised that it would be possible to amend SB 146 to allow for an open and competitive market; however, this would require a restructuring of the charitable gaming statute. He suggested that an increase in the amount returned to charities (e.g. increase from 30 to 35 percent of the net profits) as well as the amount received by the state of Alaska (from 3 to 8 percent). In addition, he suggested disallowing local government gross taxation on pull-tabs; instead, split the 8 percent received by the state with local municipalities. He suggested putting a cap on e-tabs at 15 percent. 2:39:55 PM TIM NAVARE, representing self, Kenai, Alaska, testified in opposition to SB 146. He opined that this legislation needs more work. He suggested that there are potential issues with distributors and the creation of a monopoly. He shared his belief that, as it currently stands, everyone loses but the manufacturers and distributors. He acknowledged that change is needed but argued that it should be done right and not hurt nonprofits. 2:42:04 PM STEVE NERLAND, President, American Legion Baseball, Anchorage, Alaska, testified with concerns on SB 146. He said that permittees have little to do with the gaming itself - except as a source of income. He stated that certainty is the most important aspect of gaming income. Most entities identify the monies that come in as additional found money to perform services or to help their organizations. Very few budget for this, because it is not a certain amount. He expressed concerns that SB 146 would result in fewer nonprofit permittees. 2:44:12 PM MICHELLE SAS, representing self, Anchorage, Alaska, testified in support of SB 146. She said she is on the board for an American Legion auxiliary unit. She shared her understanding that the operators and people who produce the games make a lion's share of the money; however, her small organization benefits from being a permittee and would continue to benefit if e-tabs were added, as this would draw additional people. She said that these games generate the organization's largest share of money annually. An increase in this amount would translate into more money back into the communities supported by her organization. She said she does not see a downside to increasing the income received from charitable gaming. 2:45:47 PM ANGEL WHITNEY, Unity Secretary, American Legion Post 29, Anchorage, Alaska, testified in support of SB 146. She shared her belief that nonprofits would thrive and thus would contribute more to the community. She stated that e-tabs would appeal to a younger demographic but would not decrease interest in paper pull-tabs. She commented that electronic gaming is reliable and shared her belief that profits and community engagement would increase. 2:47:16 PM SANDY POWERS, President, Alaska Charitable Gaming Alliance, Anchorage, Alaska, testified with concerns on SB 146. She said that she is unable to find a cost comparison for e-tabs versus paper pull-tabs. She expressed concerns regarding the addictive nature of e-tab machines. She noted that Alaska currently ranks 47th for gambling addiction and pointed out that states that allow e-tabs are in the top 25 for gambling addiction. 2:49:33 PM CHAIR BJORKMAN held public testimony on SB 146 open [and held SB 146 in committee].