Legislature(2005 - 2006)

05/04/2005 04:45 PM Senate FIN


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* first hearing in first committee of referral
+ teleconferenced
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AT EASE 5:43:08 PM / 5:44:18 PM                                                                                             
                                                                                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 61(FIN)                                                                                              
     "An Act relating to Calcutta pools and crane classics as                                                                   
     authorized forms of charitable gaming."                                                                                    
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SHALON SZYMANSKI, Staff  to Representative Lesil McGuire, the bill's                                                            
sponsor, explained  that current State  law contains "a very  narrow                                                            
and  specific  list of  allowable  games  of  chance and  skill  for                                                            
charitable purposes".  This bill would add Calcutta  pools and crane                                                            
classics to  that list. "Calcutta  pools have been held in  the past                                                            
and they have  proven to be a very effective way to  raise money for                                                            
charities across the State."  The operation of a Calcutta pool would                                                            
consist  of the  following  scenario: the  day before  the  sporting                                                            
event,  people would bid,  in an  auction format,  on the team  that                                                            
they believe would  win the tournament; and the winning  team's high                                                            
bidder would  receive a  predetermined percentage  of the pot.  This                                                            
bill would require  that at least 50-percent of the  pot be provided                                                            
to the  charity.  Other limitations  specify  that  a Calcutta  pool                                                            
could only  be held in conjunction  with a sporting event  occurring                                                            
within the  State of Alaska; could  not be held in conjunction  with                                                            
elementary,  secondary,  or post-secondary  schools  or other  youth                                                            
sporting event  organizations; bid participants must  be at least 18                                                            
years of age;  and the event must be conducted in  an auction format                                                            
to  which a  permit issued  by  the Department  of  Revenue must  be                                                            
acquired.                                                                                                                       
                                                                                                                                
5:46:26 PM                                                                                                                    
                                                                                                                                
Ms. Szymanski  pointed out  that only one  Calcutta permit  could be                                                            
issued per  event, and that  the only entity  that could obtain  the                                                            
permit would  be the person or organization  holding the  event. For                                                            
example, only one Calcutta  permit could be issued in regards to the                                                            
Iditarod  Sled Dog Race,  and the  Iditarod Committee  would  be the                                                            
only entity  that could request that  permit from the Department  of                                                            
Revenue.  She  reiterated  that  no  less  than  50-percent  of  the                                                            
Calcutta earnings could be provided to the charity.                                                                             
                                                                                                                                
Ms. Szymanski  avowed that inclusion  of Calcutta games in  the list                                                            
of allowable  games of chance would  incur "no more harm  than other                                                            
charitable games  events" that are permitted. Examples  of permitted                                                            
games would include rat races, pull-tabs, and classics.                                                                         
                                                                                                                                
5:47:26 PM                                                                                                                    
                                                                                                                                
Co-Chair  Green asked  for clarity  as  to whether  a Calcutta  pool                                                            
permit would be limited to a specific one-time event.                                                                           
                                                                                                                                
Ms. Szymanski  replied in the affirmative.  One permit per  sporting                                                            
event would be issued.                                                                                                          
                                                                                                                                
Co-Chair Green  understood therefore that a single  permit could not                                                            
be utilized for an entire football season.                                                                                      
                                                                                                                                
Ms.  Szymanski affirmed  that  it could  not; an  individual  permit                                                            
would be required for each football game.                                                                                       
                                                                                                                                
Senator  Stedman  professed  being  unfamiliar  with  this  gambling                                                            
scenario, and, to that  point, he asked for further clarification as                                                            
to whether the  football game, for example, must occur  in the State                                                            
of Alaska.                                                                                                                      
                                                                                                                                
Ms. Szymanski  confirmed that  the game must  take place within  the                                                            
State.                                                                                                                          
                                                                                                                                
Co-Chair  Wilken asked whether  Calcutta pools  are currently  being                                                            
conducted in the State.                                                                                                         
                                                                                                                                
Ms. Szymanski replied that,  "there have been Calcutta pools held in                                                            
the  past".  A [unidentified]   legal opinion  issued  a  few  years                                                            
earlier ruled,  "that Calcutta pools are an illegal  activity". Most                                                            
organizations  ceased conducting Calcutta  pools after that  ruling.                                                            
                                                                                                                                
Co-Chair  Wilken  understood  therefore  that  the  State  does  not                                                            
differentiate   between  Calcutta  games  conducted   by  non-profit                                                            
organizations  or other entities. Therefore, the Court  ruling could                                                            
be characterized as "a  blanket" ruling that prohibited any Calcutta                                                            
game from occurring in the State.                                                                                               
                                                                                                                                
Ms. Szymanski affirmed.                                                                                                         
                                                                                                                                
Co-Chair  Wilken understood  therefore that  this legislation  would                                                            
alter that scenario.                                                                                                            
                                                                                                                                
Ms. Szymanski affirmed.                                                                                                         
                                                                                                                                
Co-Chair Green interjected  that this legislation would specifically                                                            
state that Calcutta games would be limited to charitable gaming.                                                                
                                                                                                                                
Senator  Dyson furthered  Senator Stedman's  question by asking  for                                                            
confirmation that both  the Calcutta pool and the event must be held                                                            
in the State of Alaska.                                                                                                         
                                                                                                                                
Ms. Szymanski  clarified that the  event must be held in  the State.                                                            
For instance, a hockey  game to which a Calcutta pool was being held                                                            
must be played in the State.                                                                                                    
                                                                                                                                
Senator Dyson asked whether  for-profit businesses could be involved                                                            
in organizing and conducting a Calcutta game.                                                                                   
                                                                                                                                
Ms. Szymanski expressed  that the bill would specifically apply to a                                                            
non-profit  organization   that  is raising   money  for  charitable                                                            
purposes. Therefore, a  for-profit business would not be eligible to                                                            
obtain a permit for a Calcutta pool.                                                                                            
                                                                                                                                
5:50:37 PM                                                                                                                    
                                                                                                                                
Senator Dyson noted however,  that there are numerous "organizations                                                            
hustling  around looking  for charities  who, they  can 'quote  help                                                            
out' by doing  some charitable gaming  for them. Such organizations                                                             
make a significant  amount of revenue  out of doing this  charitable                                                            
gaming  fundraising  activity   on  behalf  of  some  charity."  The                                                            
question  is therefore,  whether  this legislation  would  "engender                                                            
that activity".                                                                                                                 
                                                                                                                                
Ms. Szymanski replied that  "significant changes" have been made "to                                                            
the bill to insure  that its only non-profit organizations  that can                                                            
obtain the permit".                                                                                                             
                                                                                                                                
Senator Dyson  opined that for-profit  entities seek out  non-profit                                                            
organizations; they "offer  to help" the non-profit by raising money                                                            
from a large number of  people who traditionally had not helped that                                                            
organization.  They  offer   to assist   in obtaining   the  permit,                                                            
conducting the event, and  to share the proceeds with the non-profit                                                            
organization.                                                                                                                   
                                                                                                                                
Ms. Szymanski stated that  the bill does contain language to prevent                                                            
the hiring  of an outside operator  to run the event. That  language                                                            
is located in Sec. 4 page two beginning on line 19.                                                                             
                                                                                                                                
Senator Dyson appreciated the inclusion of such language.                                                                       
                                                                                                                                
Co-Chair Green  asked for further  explanation of the "other  than a                                                            
Calcutta pool" language specified in Sec. 4.                                                                                    
                                                                                                                                
Ms.  Szymanski  expressed  that that  language  would  prohibit  the                                                            
hiring of an operator to run the pool.                                                                                          
                                                                                                                                
5:53:03 PM                                                                                                                    
                                                                                                                                
Co-Chair Green asked for  "the best example" of an event and how the                                                            
pool would be facilitated.                                                                                                      
                                                                                                                                
Ms.  Szymanski  expressed  that  most  organizations  would  hold  a                                                            
reception the  evening before the actual sporting  event. An auction                                                            
would be conducted  at that reception. People would  bid on the team                                                            
they thought  would  win. Traditionally,  Calcutta  games have  been                                                            
held in conjunction  with pool or golf tournaments  due to the large                                                            
number of teams that are usually involved.                                                                                      
                                                                                                                                
Co-Chair  Green  ascertained  therefore  that  the income  would  be                                                            
generated  from  the people  who bet  on  the different  teams.  50-                                                            
percent of  the money received  would be provided  to the winner  of                                                            
the pool and 50-percent would be provided to the charity.                                                                       
                                                                                                                                
Ms. Szymanski affirmed.                                                                                                         
                                                                                                                                
Co-Chair Green understood  that there would be no holding, handling,                                                            
finders, or event fees.                                                                                                         
                                                                                                                                
Ms. Szymanski stated that that was correct.                                                                                     
                                                                                                                                
5:54:29 PM                                                                                                                    
                                                                                                                                
Senator  Stedman noted  that  most of the  information  in the  bill                                                            
packet examples  Calcutta pools that  have been held in states  such                                                            
as Montana,  Wyoming,  and North Dakota.  He was  curious as  to the                                                            
impact these  pools might  have incurred to  those states and  their                                                            
citizens. He asked whether  these games would be more popular in one                                                            
region of the  state verses another; in other words,  would there be                                                            
an expectation  that this  game would be  more popular in  Anchorage                                                            
and Fairbanks than in other areas of the State.                                                                                 
                                                                                                                                
Ms. Szymanski stated that  Calcutta pools could occur in any area of                                                            
the  State. An  area  with  a large  number  of golf  courses  might                                                            
experience more golf-related Calcutta events.                                                                                   
                                                                                                                                
5:55:53 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  surmised that "the  normal trend" would be  that the                                                            
event must  attract a crowd. Therefore  a more populated  area might                                                            
hold more Calcutta events.                                                                                                      
                                                                                                                                
Ms. Szymanski  agreed. Another factor  would be the charity  itself.                                                            
The goal  would be  to attract  as many  people as  possible to  the                                                            
auction in order to raise money for the charity.                                                                                
                                                                                                                                
Senator Stedman  asked the reason that more states  are not involved                                                            
in this endeavor.                                                                                                               
                                                                                                                                
Ms. Szymanski  replied that  Alaska is "one  of the few states  that                                                            
does not allow  legalized gambling", even on the reservations.  This                                                            
"is very different"  from other states, many of which  have casinos.                                                            
North Dakota and Montana are similar to Alaska in this regard.                                                                  
                                                                                                                                
Co-Chair  Green stated  that Alaska  is one of  the few states  that                                                            
limits gaming to pull-tabs and bingo.                                                                                           
                                                                                                                                
Ms. Szymanski  affirmed. The State is "very strict  when it comes to                                                            
allowing  the expansion  of  gaming  in any  way". The  scenario  is                                                            
however "different  when it comes  to raising money for charities".                                                             
It  is  "a  fun way  to  raise  money  for  charities"  as  long  as                                                            
limitations  are in  place. The  State would  not allow "charitable                                                             
gaming to rise  to a level that none of us would want  to see". This                                                            
bill would incorporate  "significant limitations to  insure that the                                                            
charitable gaming in this case would not get out of hand…"                                                                      
                                                                                                                                
Senator Dyson  asked regarding the  magnitude of the monetary  prize                                                            
in a Calcutta event involving 300 people.                                                                                       
                                                                                                                                
Ms. Szymanski responded  that it would depend on the amount of money                                                            
that was raised  during the auction. People might  bid anywhere from                                                            
$20 to $1,000 on a team.  At the end of the auction, the money would                                                            
be  placed  into a  pot,  and  upon the  conclusion  of  the  sports                                                            
tournament,  the high  bidder  of the winning  team  would be  given                                                            
their  percentage  of the  money.  The amount  of that  money  would                                                            
depend on a  number of factors including  the number of bidders  and                                                            
the amount of money being bid on each team.                                                                                     
                                                                                                                                
5:59:15 PM                                                                                                                    
                                                                                                                                
Senator Dyson asked whether a $300,000 pot might be possible.                                                                   
                                                                                                                                
Ms. Szymanski affirmed that it could.                                                                                           
                                                                                                                                
Senator Hoffman asked regarding the Sand Hills Crane Classic.                                                                   
                                                                                                                                
Ms. Szymanski  noted  that the Sand  Hills Crane  Classic was  added                                                            
during  the bill's  hearing in  the House of  Representatives  House                                                            
Finance Committee, at the  urging of Representative Mark Neuman. The                                                            
Sand Hills Crane Classic  occurs in the Talkeetna area. People would                                                            
guess the time  and date of when the cranes would  land on a pond in                                                            
that  area. People  would buy  a ticket  and make  their guess.  The                                                            
person closest  to the actual time would win a percent  of the money                                                            
raised through the ticket sales.                                                                                                
                                                                                                                                
REPRESENTATIVE  MARK NEUMAN explained  that a group of public  radio                                                            
supporters  in Talkeetna  have a  non-profit  gaming license  though                                                            
which  they are seeking  to  hold an event  to raise  money for  the                                                            
public radio station.  The event would be similar  to the Nenana Ice                                                            
Classic, as the organizers  would set of a series of cameras to film                                                            
the Sand Hills  Cranes as they land on the pond during  their annual                                                            
migration  through the  area. In  addition to  supporting  Talkeetna                                                            
public radio,  a portion of the money  would be used to protect  the                                                            
area in  which the  pond is located.  The Sand  Hills Crane  Classic                                                            
must be added  to the list of permissible gaming events  in order to                                                            
conduct the event.                                                                                                              
                                                                                                                                
6:02:15 PM                                                                                                                    
                                                                                                                                
JEFF BARNHILL,  Representative,  Palmer Golf  Course, testified  via                                                            
teleconference   from  offnet  site  and  voiced  support   for  the                                                            
legislation.  Like  other golf  courses,  tournaments  comprise  30-                                                            
percent of  the Palmer Golf Course's  business. The majority  of the                                                            
tournaments  are  fund-raisers  for non-profits.  A  Calcutta  would                                                            
provide another  opportunity through  which to raise money  for non-                                                            
profits  such   as  the  Boys  and   Girls  Clubs.  Any   additional                                                            
tournaments  that  might result  would  positively  impact the  golf                                                            
course by encouraging  more business.  Most areas of the  State host                                                            
some events  to which a Calcutta could  apply. A Calcutta  would not                                                            
incur any costs to the State.                                                                                                   
                                                                                                                                
6:05:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Green noted  that  the testifier  had identified  a  youth                                                            
organization  as a  possible recipient  of Calcutta  funds. To  that                                                            
point, she asked  whether youth organizations would  be eligible for                                                            
Calcutta events.                                                                                                                
                                                                                                                                
Ms. Szymanski  clarified that  the only restriction  in the  bill is                                                            
that  a  Calcutta   could  not  be  held  in  regards   to  a  youth                                                            
organization's sporting  event such as a youth soccer game. However,                                                            
money could be raised to support a youth organization.                                                                          
                                                                                                                                
Co-Chair Green  understood therefore that raising  money for a youth                                                            
organization would be permissible.                                                                                              
                                                                                                                                
Ms. Szymanski affirmed.                                                                                                         
                                                                                                                                
Senator Stedman  asked whether  a fishing derby  could qualify  as a                                                            
Calcutta.                                                                                                                       
                                                                                                                                
Ms.  Szymanski qualified  that  the event  must include  teams  that                                                            
could be auctioned off.                                                                                                         
                                                                                                                                
Senator Stedman  asked whether a boat  or a team on a boat  could be                                                            
recognized as a team.                                                                                                           
                                                                                                                                
Ms. Szymanski  affirmed  that competing  boats would  qualify  for a                                                            
Calcutta as people could bid on which boat would win.                                                                           
                                                                                                                                
6:06:59 PM                                                                                                                    
                                                                                                                                
Senator Olson asked the origin of the name.                                                                                     
                                                                                                                                
6:07:10 PM                                                                                                                    
                                                                                                                                
Ms. Szymanski  stated  that the game  had originated  in regards  to                                                            
horseraces that were held in Calcutta India.                                                                                    
                                                                                                                                
Senator Olson  asked whether a single entrant such  as a dog team in                                                            
the Iditarod Sled  Dog Race would qualify as a team  as opposed to a                                                            
basketball team.                                                                                                                
                                                                                                                                
Ms.  Szymanski responded  that  an entrant  could  be a  team or  an                                                            
individual.                                                                                                                     
                                                                                                                                
AT EASE 6:08:04 PM / 6:09:52 PM                                                                                             
                                                                                                                                
The bill was HELD in Committee.                                                                                                 
                                                                                                                                

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