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2 | 2 | | SB0170A -1- SB 170 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0213\I |
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11 | 11 | | SENATE BILL NO. 170 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY SENATOR BJORKMAN |
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18 | 18 | | |
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19 | 19 | | Introduced: 4/11/25 |
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20 | 20 | | Referred: Labor & Commerce, Finance |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | |
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24 | 24 | | A BILL |
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25 | 25 | | |
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26 | 26 | | FOR AN ACT ENTITLED |
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27 | 27 | | |
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28 | 28 | | "An Act relating to gaming; relating to bingo; relating to pull-tabs and electronic pull-1 |
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29 | 29 | | tab systems; and providing for an effective date." 2 |
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30 | 30 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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31 | 31 | | * Section 1. AS 05.15.030(a) is amended to read: 4 |
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32 | 32 | | (a) [AT THE TIME OF FILING AN APPLICATION FOR A PERMIT OR 5 |
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33 | 33 | | LICENSE UNDER THIS CHAPTER, THE APPLICANT SHALL NOTIFY THE 6 |
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34 | 34 | | CITY OR BOROUGH NEAREST TO THE LOCATION OF THE PROPOSED 7 |
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35 | 35 | | ACTIVITY OF THE APPLICATION.] A local government unit may protest the 8 |
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36 | 36 | | conduct of the activity in its jurisdiction by resolution stating the reasons for the 9 |
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37 | 37 | | protest filed with the department; protests are limited to the lack of qualifications 10 |
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38 | 38 | | prescribed by this chapter. This resolution is only a recommendation by the local 11 |
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39 | 39 | | government that may be considered by the department in determining whether to issue 12 |
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40 | 40 | | or refuse to issue a permit or license. 13 |
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41 | 41 | | * Sec. 2. AS 05.15.030(c) is amended to read: 14 34-LS0213\I |
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42 | 42 | | SB 170 -2- SB0170A |
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43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
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44 | 44 | | |
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45 | 45 | | (c) If a permittee or licensee changes the location of an activity in the 1 |
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46 | 46 | | jurisdiction for which a permit has been issued, the permittee shall notify the 2 |
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47 | 47 | | department [AND THE LOCAL GOVERNMENT] within 10 days after moving to the 3 |
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48 | 48 | | new location. 4 |
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49 | 49 | | * Sec. 3. AS 05.15.070 is amended to read: 5 |
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50 | 50 | | Sec. 05.15.070. Investigations; examination [EXAMINATION] of books 6 |
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51 | 51 | | and records. The department may investigate licensed and unlicensed gaming 7 |
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52 | 52 | | operations and administer civil penalties for violations of this chapter. The 8 |
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53 | 53 | | department may examine or have examined the books and records of a permittee, an 9 |
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54 | 54 | | operator, a registered vendor, or a person licensed to manufacture or to distribute pull-10 |
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55 | 55 | | tab games or electronic pull-tab systems in the state. The department may issue 11 |
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56 | 56 | | subpoenas for the attendance of witnesses and the production of books, records, and 12 |
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57 | 57 | | other documents. 13 |
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58 | 58 | | * Sec. 4. AS 05.15.083 is amended to read: 14 |
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59 | 59 | | Sec. 05.15.083. Reports to department by operators. (a) An operator shall 15 |
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60 | 60 | | file a report with the department by the last business day of the month following each 16 |
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61 | 61 | | calendar quarter in which an activity was conducted. The report must include, for each 17 |
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62 | 62 | | authorizing permittee on whose behalf an activity was conducted during the quarter, 18 |
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63 | 63 | | [THE DATE AND LOCATION OF EACH ACTIVITY,] the type of activity 19 |
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64 | 64 | | conducted, the amount of gross receipts, [THE AMOUNT OF AUTHORIZED 20 |
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65 | 65 | | EXPENSES,] the value of prizes [AWARDED], the amount of net proceeds paid, and 21 |
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66 | 66 | | other information the department may require [; A COMPLETED INTERNAL 22 |
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67 | 67 | | REVENUE SERVICE FORM 941; AND A COPY OF THE OPERATOR'S 23 |
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68 | 68 | | EMPLOYER CONTRIBUTIONS AND WAGE REPORTS SUBMITTED TO THE 24 |
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69 | 69 | | DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT FOR THE 25 |
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70 | 70 | | QUARTER]. However, if the only activity conducted by an operator during the 26 |
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71 | 71 | | calendar quarter is a raffle or lottery, then the operator is not required to file a report 27 |
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72 | 72 | | under this subsection until the raffle or lottery is completed. 28 |
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73 | 73 | | (b) An operator shall file an annual report with the department not [NO] later 29 |
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74 | 74 | | than February 28 of the year following the year in which activities were conducted. 30 |
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75 | 75 | | The report must include, for each authorizing permittee on whose behalf an activity 31 34-LS0213\I |
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76 | 76 | | SB0170A -3- SB 170 |
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77 | 77 | | New Text Underlined [DELETED TEXT BRACKETED] |
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78 | 78 | | |
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79 | 79 | | was conducted, the types of activities conducted, the total amount of gross receipts, 1 |
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80 | 80 | | [THE TOTAL AMOUNT OF AUTHORIZED EXPENSES,] the total value of prizes 2 |
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81 | 81 | | [AWARDED], and the total amount of net proceeds paid to each authorizing 3 |
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82 | 82 | | permittee. [THE ANNUAL REPORT MUST ALSO INCLUDE A COMPLETED 4 |
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83 | 83 | | INTERNAL REVENUE SERVICE FORM W-2 FOR EACH PERSON EMPLOYED 5 |
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84 | 84 | | BY THE OPERATOR DURING THE PRECEDING YEAR.] 6 |
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85 | 85 | | * Sec. 5. AS 05.15.087(a) is amended to read: 7 |
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86 | 86 | | (a) An operator shall file a monthly report with each authorizing permittee for 8 |
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87 | 87 | | which the operator has conducted an activity during the preceding month. The report 9 |
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88 | 88 | | must include a [DAILY] summary of activity conducted under the permit issued to the 10 |
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89 | 89 | | authorizing permittee and an accounting of gross receipts, prize payouts 11 |
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90 | 90 | | [EXPENSES], and net proceeds for the month. A check or electronic funds transfer 12 |
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91 | 91 | | in the amount of the net proceeds due to the authorizing permittee for the month must 13 |
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92 | 92 | | accompany the report. The operator shall file the report by the 15th day after the end 14 |
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93 | 93 | | of the month covered by the report. 15 |
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94 | 94 | | * Sec. 6. AS 05.15.105(b) is amended to read: 16 |
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95 | 95 | | (b) The department shall adopt regulations that provide that a disqualification 17 |
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96 | 96 | | of a person under (a) of this section based on [UPON] a conviction of that person or a 18 |
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97 | 97 | | person described in (c) of this section for a violation 19 |
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98 | 98 | | (1) of a law of this state that is, or a law or ordinance of another 20 |
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99 | 99 | | jurisdiction that would be if it was committed in this state, a class B felony other than 21 |
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100 | 100 | | extortion, a class C felony, or an unclassified felony described outside of AS 11, and 22 |
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101 | 101 | | that is not a crime of dishonesty or theft or a violation of gambling laws, terminates 10 23 |
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102 | 102 | | years after the person's conviction; 24 |
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103 | 103 | | (2) of a law or ordinance of this state or another jurisdiction that is a 25 |
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104 | 104 | | crime involving theft or dishonesty or a violation of gambling laws, and that is not, or 26 |
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105 | 105 | | would not be if it was committed in this state, an unclassified felony described in 27 |
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106 | 106 | | AS 11, a class A felony, or extortion, terminates 10 years after the person's conviction, 28 |
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107 | 107 | | if the department determines that the 29 |
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108 | 108 | | (A) person is of good character, honesty, and integrity; and 30 |
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109 | 109 | | (B) person's involvement in charitable gaming is not against the 31 34-LS0213\I |
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110 | 110 | | SB 170 -4- SB0170A |
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111 | 111 | | New Text Underlined [DELETED TEXT BRACKETED] |
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112 | 112 | | |
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113 | 113 | | public interest. 1 |
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114 | 114 | | * Sec. 7. AS 05.15.105 is amended by adding a new subsection to read: 2 |
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115 | 115 | | (c) The department may not issue a license to a manufacturer or distributor if a 3 |
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116 | 116 | | parent company, sister company, or subsidiary of the manufacturer or distributor has 4 |
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117 | 117 | | been convicted of a violation of a law that would disqualify the parent company, sister 5 |
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118 | 118 | | company, or subsidiary under (a) of this section. 6 |
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119 | 119 | | * Sec. 8. AS 05.15.115(b) is amended to read: 7 |
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120 | 120 | | (b) The contract between an authorizing permittee and an operator must 8 |
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121 | 121 | | include the amount and form of compensation to be paid to the operator, the term of 9 |
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122 | 122 | | the contract, the activities to be conducted by the operator on behalf of the permittee, 10 |
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123 | 123 | | the location where the activities are to be conducted, the name and address of the 11 |
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124 | 124 | | member in charge, and other provisions the department may require. A contract 12 |
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125 | 125 | | between an authorizing permittee and an operator may allow the operator to 13 |
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126 | 126 | | pool together permittees and divide the gaming income and payouts among 14 |
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127 | 127 | | permittees on a percentage basis to be determined at the end of each month. 15 |
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128 | 128 | | * Sec. 9. AS 05.15.115(d) is amended to read: 16 |
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129 | 129 | | (d) An operator [A PERMITTEE] shall electronically submit [BY 17 |
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130 | 130 | | CERTIFIED MAIL] to the department for approval a copy of each contract with a 18 |
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131 | 131 | | permittee [AN OPERATOR] with whom the operator [PERMITTEE] contracts to 19 |
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132 | 132 | | conduct activities subject to this chapter. The contract must meet the requirements of 20 |
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133 | 133 | | this section. The department shall approve or disapprove the contract. If the contract is 21 |
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134 | 134 | | disapproved, reasons for the disapproval shall be provided in writing to the operator 22 |
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135 | 135 | | [PERMITTEE]. Activities may not be conducted under the contract before the 23 |
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136 | 136 | | contract is approved. Subsequent amendments to an approved contract do not take 24 |
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137 | 137 | | effect until the amendments are approved by the department. 25 |
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138 | 138 | | * Sec. 10. AS 05.15.122 is amended by adding new subsections to read: 26 |
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139 | 139 | | (e) An operator licensed under this section may conduct electronic pull-tab 27 |
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140 | 140 | | activities on behalf of a municipality or a qualified organization only if the department 28 |
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141 | 141 | | has issued a separate electronic pull-tab endorsement to the operator's license for 29 |
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142 | 142 | | electronic pull-tab systems. The department may issue an electronic pull-tab 30 |
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143 | 143 | | endorsement if 31 34-LS0213\I |
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144 | 144 | | SB0170A -5- SB 170 |
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145 | 145 | | New Text Underlined [DELETED TEXT BRACKETED] |
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146 | 146 | | |
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147 | 147 | | (1) the operator has filed all reports required under AS 05.15.087; 1 |
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148 | 148 | | (2) the operator's license has not been revoked by the department in the 2 |
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149 | 149 | | immediately preceding five years; and 3 |
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150 | 150 | | (3) the operator has conducted pull-tab games for at least the preceding 4 |
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151 | 151 | | three years. 5 |
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152 | 152 | | (f) If an operator that is a natural person dies, the estate of the operator may 6 |
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153 | 153 | | designate a temporary responsible party to conduct activities authorized by the 7 |
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154 | 154 | | operator's license for 120 days after the death of the operator. 8 |
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155 | 155 | | * Sec. 11. AS 05.15.122(e), enacted by sec. 10 of this Act, is amended to read: 9 |
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156 | 156 | | (e) An operator licensed under this section may conduct electronic pull-tab 10 |
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157 | 157 | | activities on behalf of a municipality or a qualified organization only if the department 11 |
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158 | 158 | | has issued a separate electronic pull-tab endorsement to the operator's license for 12 |
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159 | 159 | | electronic pull-tab systems. The department may issue an electronic pull-tab 13 |
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160 | 160 | | endorsement if 14 |
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161 | 161 | | (1) the operator has filed all reports required under AS 05.15.087; and 15 |
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162 | 162 | | (2) the operator's license has not been revoked by the department in the 16 |
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163 | 163 | | immediately preceding five years [; AND 17 |
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164 | 164 | | (3) THE OPERATOR HAS CONDUCTED PULL-TAB GAMES 18 |
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165 | 165 | | FOR AT LEAST THE PRECEDING THREE YEARS]. 19 |
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166 | 166 | | * Sec. 12. AS 05.15.128(a) is amended to read: 20 |
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167 | 167 | | (a) The department shall revoke 21 |
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168 | 168 | | (1) the license of an operator who does not [(1) REPORT AN 22 |
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169 | 169 | | ADJUSTED GROSS INCOME OF AT LEAST 15 PERCENT OF GROSS INCOME 23 |
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170 | 170 | | ANNUALLY BASED ON THE TOTAL OPERATION OF THE OPERATOR; OR 24 |
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171 | 171 | | (2)] pay to each authorizing permittee annually at least 30 percent of the adjusted 25 |
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172 | 172 | | gross income [, AS DETERMINED UNDER (1) OF THIS SUBSECTION,] from a 26 |
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173 | 173 | | pull-tab activity or at least 10 percent of the adjusted gross income [, AS 27 |
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174 | 174 | | DETERMINED UNDER (1) OF THIS SUBSECTION,] from a gaming activity other 28 |
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175 | 175 | | than pull-tabs [,] received from activities conducted on behalf of the authorizing 29 |
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176 | 176 | | permittee; 30 |
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177 | 177 | | (2) a multiple-beneficiary permit if payments under the multiple-31 34-LS0213\I |
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178 | 178 | | SB 170 -6- SB0170A |
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179 | 179 | | New Text Underlined [DELETED TEXT BRACKETED] |
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180 | 180 | | |
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181 | 181 | | beneficiary permit to the holders of the multiple-beneficiary permit do not 1 |
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182 | 182 | | annually total at least 30 percent of the adjusted gross income from a pull-tab 2 |
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183 | 183 | | activity or at least 10 percent of the adjusted gross income from a gaming activity 3 |
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184 | 184 | | other than pull-tabs received from activities conducted on behalf of the 4 |
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185 | 185 | | authorizing multiple-beneficiary permit. 5 |
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186 | 186 | | * Sec. 13. AS 05.15.165(a) is amended to read: 6 |
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187 | 187 | | (a) An operator shall pay net proceeds to the authorizing permittee by check 7 |
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188 | 188 | | or electronic funds transfer. 8 |
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189 | 189 | | * Sec. 14. AS 05.15.165(c) is amended to read: 9 |
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190 | 190 | | (c) The operator shall post in a public place on the premises where the 10 |
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191 | 191 | | activities are conducted the operator's license and a copy of the permit of each 11 |
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192 | 192 | | authorizing permittee with whom the operator has a contract to conduct activities at 12 |
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193 | 193 | | the location. A sign posted on the premises that directs individuals to an 13 |
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194 | 194 | | operator's Internet website or landing page satisfies the requirements of this 14 |
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195 | 195 | | subsection if the posted sign states that the information required by this 15 |
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196 | 196 | | subsection is contained on the Internet website or landing page and the Internet 16 |
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197 | 197 | | website or landing page contains the required information. 17 |
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198 | 198 | | * Sec. 15. AS 05.15.170(a) is amended to read: 18 |
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199 | 199 | | (a) The department may suspend, for a period of up to one year, or revoke a 19 |
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200 | 200 | | permit, license, or vendor registration, after giving notice to and an opportunity to be 20 |
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201 | 201 | | heard by the permittee or licensee, if the permittee, licensee, or vendor 21 |
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202 | 202 | | (1) violates or fails to comply with a requirement of this chapter or of a 22 |
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203 | 203 | | regulation adopted under this chapter; 23 |
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204 | 204 | | (2) breaches a contractual agreement with a permittee, licensee, or 24 |
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205 | 205 | | registered vendor; 25 |
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206 | 206 | | (3) becomes disqualified to participate in charitable gaming as 26 |
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207 | 207 | | provided in AS 05.15.105; for the purposes of this paragraph, a permittee, licensee, or 27 |
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208 | 208 | | vendor that is not a natural person is considered convicted if an owner or manager of 28 |
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209 | 209 | | the permittee or an owner or manager of a parent company, sister company, or 29 |
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210 | 210 | | subsidiary of the [,] licensee [,] or vendor is convicted; 30 |
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211 | 211 | | (4) knowingly submits false information to the department or, in the 31 34-LS0213\I |
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212 | 212 | | SB0170A -7- SB 170 |
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213 | 213 | | New Text Underlined [DELETED TEXT BRACKETED] |
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214 | 214 | | |
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215 | 215 | | case of a registered vendor, to a permittee when the vendor knows that the false 1 |
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216 | 216 | | information will be submitted to the department as part of an application for 2 |
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217 | 217 | | registration; or 3 |
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218 | 218 | | (5) gives or acts on [UPON] any inside information on the status of the 4 |
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219 | 219 | | prizes awarded or to be awarded in a pull-tab game. 5 |
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220 | 220 | | * Sec. 16. AS 05.15.170 is amended by adding new subsections to read: 6 |
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221 | 221 | | (c) When a permit, license, or vendor registration is suspended or revoked, the 7 |
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222 | 222 | | department shall notify an operator that conducts an activity on behalf of or a 8 |
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223 | 223 | | distributor that supplies the permittee, vendor, or licensee that the permit has been 9 |
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224 | 224 | | suspended or revoked. The notification must be in the form of electronic mail and a 10 |
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225 | 225 | | message transmitted through a website created for the purpose of allowing citizens to 11 |
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226 | 226 | | interact with multiple state services through a single username and password. 12 |
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227 | 227 | | (d) When a license of a distributor is suspended or revoked, the department 13 |
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228 | 228 | | shall notify a manufacturer that supplies the distributor that the distributor has had the 14 |
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229 | 229 | | license suspended or revoked. The notification must be in the form of electronic mail 15 |
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230 | 230 | | and a message transmitted through an Internet website created for the purpose of 16 |
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231 | 231 | | allowing citizens to interact with multiple state services through a single username and 17 |
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232 | 232 | | password. 18 |
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233 | 233 | | * Sec. 17. AS 05.15.180(b) is amended to read: 19 |
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234 | 234 | | (b) With the exception of raffles, lotteries, bingo games, pull-tab games, 20 |
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235 | 235 | | electronic pull-tabs, freeze-up classics, race classics, rain classics, goose classics, 21 |
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236 | 236 | | mercury classics, deep freeze classics, dog mushers' contests, snow classics, snow 22 |
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237 | 237 | | machine classics, canned salmon classics, salmon classics, animal classics, crane 23 |
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238 | 238 | | classics, cabbage classics, Calcutta pools, big bull moose derbies, and king salmon 24 |
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239 | 239 | | classics, a permit may not be issued for an activity under this chapter unless it existed 25 |
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240 | 240 | | in the state in substantially the same form and was conducted in substantially the same 26 |
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241 | 241 | | manner before January 1, 1959. A permit may not be issued for a snow machine 27 |
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242 | 242 | | classic under this chapter unless it has been in existence for at least five years before 28 |
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243 | 243 | | the permit is issued. A permit may not be issued for an animal classic under this 29 |
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244 | 244 | | chapter unless it was in existence before November 1, 2002. 30 |
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245 | 245 | | * Sec. 18. AS 05.15.180(d) is amended to read: 31 34-LS0213\I |
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246 | 246 | | SB 170 -8- SB0170A |
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247 | 247 | | New Text Underlined [DELETED TEXT BRACKETED] |
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248 | 248 | | |
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249 | 249 | | (d) The total value of door prizes offered or awarded under authority of a 1 |
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250 | 250 | | permit issued to a municipality or qualified organization under this chapter or under 2 |
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251 | 251 | | authority of a multiple-beneficiary permit may not exceed $50,000 [$20,000] a month 3 |
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252 | 252 | | or $600,000 [$240,000] a year. 4 |
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253 | 253 | | * Sec. 19. AS 05.15.180(e) is amended to read: 5 |
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254 | 254 | | (e) The department shall adopt regulations that set prize amounts for 6 |
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255 | 255 | | bingo games. The regulations must allow an operator of a bingo game to award a 7 |
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256 | 256 | | top prize of at least $2,500 but not more than $10,000 in one bingo session a 8 |
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257 | 257 | | month and award a top prize of at least $1,000 but not more than $2,500 in all 9 |
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258 | 258 | | other bingo sessions. The total value of all door prizes offered or awarded at a single 10 |
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259 | 259 | | facility or bingo hall or parlor by an operator on behalf of authorizing permittees may 11 |
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260 | 260 | | not exceed $50,000 [$20,000] a month or $600,000 [$240,000] a year. An operator of 12 |
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261 | 261 | | a bingo game may offer progressive bingo. A progressive bingo game does not 13 |
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262 | 262 | | count toward the prize limitations in this subsection. In a progressive bingo 14 |
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263 | 263 | | game, 15 |
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264 | 264 | | (1) a portion of the gross receipts is carried over to another game if 16 |
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265 | 265 | | no player declares a valid bingo for a progressive prize or prizes based on a 17 |
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266 | 266 | | predetermined and posted win determination; 18 |
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267 | 267 | | (2) the portion of the prize that is not carried over is awarded to 19 |
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268 | 268 | | the first player or players who declare a valid bingo as additional numbers are 20 |
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269 | 269 | | called; and 21 |
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270 | 270 | | (3) the entire prize pool for that game is awarded to the winner or 22 |
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271 | 271 | | winners if a valid bingo is declared. 23 |
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272 | 272 | | * Sec. 20. AS 05.15.180(f) is amended to read: 24 |
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273 | 273 | | (f) A person under the age of 18 [19] years may not play a bingo game. 25 |
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274 | 274 | | * Sec. 21. AS 05.15.180(g) is amended to read: 26 |
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275 | 275 | | (g) A municipality or a qualified organization may award a maximum of 27 |
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276 | 276 | | $2,000,000 in prizes each year in activities authorized under this chapter [; 28 |
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277 | 277 | | HOWEVER, IF A MUNICIPALITY OR A QUALIFIED ORGANIZATION 29 |
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278 | 278 | | CONTRACTS WITH AN OPERATOR TO CONDUCT ON ITS BEHALF 30 |
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279 | 279 | | ACTIVITIES AUTHORIZED UNDER THIS CHAPTER, THE MUNICIPALITY OR 31 34-LS0213\I |
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280 | 280 | | SB0170A -9- SB 170 |
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281 | 281 | | New Text Underlined [DELETED TEXT BRACKETED] |
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282 | 282 | | |
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283 | 283 | | QUALIFIED ORGANIZATION MAY AWARD A MAXIMUM OF $500,000 IN 1 |
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284 | 284 | | PRIZES EACH YEAR]. A municipality or a qualified organization that conducts a 2 |
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285 | 285 | | contest of skill and awards more than $1,000,000 in prizes to the participants in that 3 |
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286 | 286 | | contest of skill may exclude $1,000,000 in prizes awarded to those participants from 4 |
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287 | 287 | | the $2,000,000 maximum allowed in this subsection. The holders of a multiple-5 |
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288 | 288 | | beneficiary permit under AS 05.15.100(d) may award a maximum in prizes each year 6 |
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289 | 289 | | of $2,000,000 times the number of holders of the permit for activities authorized under 7 |
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290 | 290 | | this chapter. In this subsection, "activities authorized under this chapter" means all 8 |
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291 | 291 | | activities subject to this chapter other than bingo and electronic pull-tabs. 9 |
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292 | 292 | | * Sec. 22. AS 05.15.180 is amended by adding new subsections to read: 10 |
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293 | 293 | | (i) A municipality or a qualified organization may award a maximum of 11 |
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294 | 294 | | $4,000,000 in prizes for electronic pull-tab games each year. The holders of a 12 |
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295 | 295 | | multiple-beneficiary permit issued under AS 05.15.100(d) may award a maximum in 13 |
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296 | 296 | | prizes each year of $4,000,000 times the number of holders of the permit for activities 14 |
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297 | 297 | | authorized under this chapter for electronic pull-tab games. 15 |
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298 | 298 | | (j) Beginning in 2030, the department may by regulation increase the 16 |
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299 | 299 | | monetary amounts in (g) and (i) of this section by up to 10 percent, rounded up to the 17 |
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300 | 300 | | nearest $10,000, once every five years. 18 |
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301 | 301 | | * Sec. 23. AS 05.15.181(d) is amended to read: 19 |
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302 | 302 | | (d) A pull-tab manufacturer may distribute pull-tabs only to a licensed pull-tab 20 |
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303 | 303 | | distributor [UNLESS THE PULL-TAB MANUFACTURER IS ALSO A LICENSE D 21 |
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304 | 304 | | PULL-TAB DISTRIBUTOR]. 22 |
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305 | 305 | | * Sec. 24. AS 05.15.181 is amended by adding new subsections to read: 23 |
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306 | 306 | | (f) A pull-tab manufacturer may not modify or pay another person to modify a 24 |
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307 | 307 | | building to accommodate the installation of a gaming system, perform or pay another 25 |
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308 | 308 | | person to perform electrical work necessary to install a gaming system, or provide a 26 |
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309 | 309 | | utility connection for a gaming system. 27 |
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310 | 310 | | (g) A pull-tab manufacturer, an owner or employee of a manufacturer, an 28 |
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311 | 311 | | immediate family member of an owner or employee of a manufacturer, or a parent 29 |
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312 | 312 | | company, sister company, or subsidiary of a manufacturer 30 |
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313 | 313 | | (1) may not, within a calendar year, provide gifts, gratuities, 31 34-LS0213\I |
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314 | 314 | | SB 170 -10- SB0170A |
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315 | 315 | | New Text Underlined [DELETED TEXT BRACKETED] |
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316 | 316 | | |
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317 | 317 | | premiums, or other things of value to a vendor, operator, permittee, or qualified 1 |
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318 | 318 | | organization with a total value of more than $250; 2 |
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319 | 319 | | (2) may not accept gifts, gratuities, premiums, or other things of value 3 |
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320 | 320 | | from a vendor, operator, permittee, or qualified organization or an owner, employee, 4 |
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321 | 321 | | or immediate family member of an owner or employee of a vendor, operator, 5 |
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322 | 322 | | permittee, or qualified organization with a total value of more than $250 per calendar 6 |
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323 | 323 | | year. 7 |
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324 | 324 | | (h) A pull-tab manufacturer may distribute to a distributor in this state an 8 |
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325 | 325 | | electronic pull-tab system for use in the state only if the department has issued a 9 |
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326 | 326 | | separate electronic pull-tab endorsement to the manufacturer's license. A pull-tab 10 |
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327 | 327 | | manufacturer licensed in the state who manufactures electronic pull-tab systems for 11 |
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328 | 328 | | use in the state shall submit, at the manufacturer's expense, the electronic pull-tab 12 |
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329 | 329 | | system to an independent gaming testing laboratory approved by the department for 13 |
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330 | 330 | | testing and certification before distribution. In this subsection, "manufacture" includes 14 |
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331 | 331 | | the development, creation, and programming of any electronic device, hardware, 15 |
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332 | 332 | | software, or computer systems used in the operation of a pull-tab or electronic pull-tab 16 |
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333 | 333 | | system; "manufacture" does not include the development, creation, and programming 17 |
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334 | 334 | | of standard hardware or software components. 18 |
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335 | 335 | | (i) A pull-tab manufacturer may not distribute pull-tabs to a distributor if one 19 |
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336 | 336 | | of the following persons holds an ownership interest in the distributor: 20 |
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337 | 337 | | (1) the manufacturer; 21 |
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338 | 338 | | (2) an owner or employee of the manufacturer; 22 |
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339 | 339 | | (3) a family member related within two degrees of consanguinity to an 23 |
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340 | 340 | | owner or employee of the manufacturer; 24 |
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341 | 341 | | (4) a parent company, sister company, or subsidiary of the 25 |
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342 | 342 | | manufacturer. 26 |
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343 | 343 | | (j) A pull-tab manufacturer may refuse to sell gaming equipment or paper 27 |
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344 | 344 | | pull-tabs to a licensed distributor that has been licensed and had gross annual sales in 28 |
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345 | 345 | | the state exceeding $500,000 for at least three years only if 29 |
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346 | 346 | | (1) the distributor seeks to buy a specific paper pull-tab game being 30 |
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347 | 347 | | sold exclusively to one distributor during the first five years of production as permitted |
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348 | 348 | | 31 34-LS0213\I |
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349 | 349 | | SB0170A -11- SB 170 |
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350 | 350 | | New Text Underlined [DELETED TEXT BRACKETED] |
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351 | 351 | | |
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352 | 352 | | under (m) of this section; 1 |
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353 | 353 | | (2) the manufacturer does not sell gaming equipment to any 2 |
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354 | 354 | | distributors in the state; 3 |
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355 | 355 | | (3) sale of the gaming equipment or paper pull-tabs is prohibited by 4 |
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356 | 356 | | law or regulation; 5 |
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357 | 357 | | (4) the distributor is delinquent on a payment owed to the 6 |
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358 | 358 | | manufacturer or has a history of delinquent payments; or 7 |
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359 | 359 | | (5) the distributor is owned, in whole or in part, by 8 |
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360 | 360 | | (A) a manufacturer; 9 |
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361 | 361 | | (B) the parent company, sister company, subsidiary, or 10 |
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362 | 362 | | shareholder of a manufacturer; 11 |
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363 | 363 | | (C) a parent, child, or sibling of an officer or manager of a 12 |
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364 | 364 | | competing manufacturer. 13 |
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365 | 365 | | (k) Subsection (j) does not apply to application software and computer 14 |
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366 | 366 | | programs and equipment used by a licensed pull-tab manufacturer in the production, 15 |
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367 | 367 | | playing, and reporting of approved electronic pull-tab games. 16 |
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368 | 368 | | (l) A pull-tab manufacturer shall provide the same price points and quantity 17 |
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369 | 369 | | requirements for paper pull-tabs to each distributor. 18 |
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370 | 370 | | (m) A pull-tab manufacturer may make available a paper pull-tab game 19 |
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371 | 371 | | exclusively to one distributor during the first five years of production of the game. 20 |
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372 | 372 | | After five years of production, the manufacturer shall make the game available to all 21 |
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373 | 373 | | distributors. However, the manufacturer may continue to make a paper pull-tab game 22 |
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374 | 374 | | exclusively available to one distributor after five years of production if the distributor 23 |
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375 | 375 | | sells the game only to a single licensee. A paper pull-tab game is exclusive to one 24 |
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376 | 376 | | distributor only if the game contains significantly unique graphics. Minor changes 25 |
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377 | 377 | | made to an existing pull-tab game do not create an exclusive game. 26 |
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378 | 378 | | (n) A pull-tab manufacturer shall submit to the department a copy of each 27 |
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379 | 379 | | contract with a distributor within seven days after signing. 28 |
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380 | 380 | | (o) A pull-tab manufacturer may not obtain, use, share, or sell point-of-sale 29 |
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381 | 381 | | data from paper tickets or bingo. 30 |
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382 | 382 | | (p) The department may not issue a pull-tab manufacturer's license to a person 31 34-LS0213\I |
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383 | 383 | | SB 170 -12- SB0170A |
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384 | 384 | | New Text Underlined [DELETED TEXT BRACKETED] |
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385 | 385 | | |
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386 | 386 | | who is otherwise prohibited from involvement under AS 05.15.105. 1 |
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387 | 387 | | (q) A pull-tab manufacturer may not connect the price or availability of a 2 |
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388 | 388 | | paper pull-tab game to an electronic pull-tab or the price or availability of an 3 |
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389 | 389 | | electronic pull-tab to a paper pull-tab game. 4 |
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390 | 390 | | * Sec. 25. AS 05.15.183(a) is amended to read: 5 |
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391 | 391 | | (a) A person may not distribute pull-tab games or electronic pull-tab systems 6 |
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392 | 392 | | unless the person has received a pull-tab distributor's license issued by the department. 7 |
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393 | 393 | | The department may not issue a pull-tab distributor's license to a person licensed 8 |
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394 | 394 | | as an operator or who otherwise participates in the conduct of an activity 9 |
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395 | 395 | | authorized under this chapter on behalf of a municipality, qualified organization, 10 |
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396 | 396 | | manufacturer, or parent company, sister company, or subsidiary of a 11 |
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397 | 397 | | manufacturer. 12 |
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398 | 398 | | * Sec. 26. AS 05.15.183(c) is amended to read: 13 |
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399 | 399 | | (c) Pull-tabs or electronic pull-tab systems may be distributed only from a 14 |
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400 | 400 | | location in the state. A person may not distribute pull-tabs or electronic pull-tab 15 |
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401 | 401 | | systems directly to another person in the state from a location outside of this state. 16 |
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402 | 402 | | * Sec. 27. AS 05.15.183(e) is amended to read: 17 |
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403 | 403 | | (e) A distributor may deliver an electronic pull-tab series to a computer 18 |
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404 | 404 | | server at a vendor's location on behalf of a permittee authorized to conduct pull-19 |
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405 | 405 | | tab sales at the vendor's location. A distributor may not 20 |
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406 | 406 | | (1) take an order for the purchase of a pull-tab series from a vendor; 21 |
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407 | 407 | | (2) sell a pull-tab series to a vendor; or 22 |
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408 | 408 | | (3) deliver a pull-tab series to a vendor, except an electronic pull-tab 23 |
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409 | 409 | | series as expressly authorized in this subsection. 24 |
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410 | 410 | | * Sec. 28. AS 05.15.183 is amended by adding new subsections to read: 25 |
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411 | 411 | | (f) A licensed distributor may distribute an electronic pull-tab system in the 26 |
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412 | 412 | | state only if the department has issued a separate electronic pull-tab endorsement to 27 |
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413 | 413 | | the distributor's license. 28 |
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414 | 414 | | (g) The department may not issue a pull-tab distributor's license to a person 29 |
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415 | 415 | | who is otherwise prohibited from involvement under AS 05.15.105. 30 |
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416 | 416 | | (h) A distributor may not 31 34-LS0213\I |
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417 | 417 | | SB0170A -13- SB 170 |
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418 | 418 | | New Text Underlined [DELETED TEXT BRACKETED] |
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419 | 419 | | |
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420 | 420 | | (1) provide to a municipality or qualified organization, or an employee 1 |
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421 | 421 | | or agent of a municipality or qualified organization, compensation, a gift, gratuity, 2 |
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422 | 422 | | premium, or other thing of value in an amount greater than $25 annually for each 3 |
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423 | 423 | | organization; 4 |
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424 | 424 | | (2) modify or pay another person to modify a building to accommodate 5 |
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425 | 425 | | the installation of a gaming system, perform or pay another person to perform 6 |
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426 | 426 | | electrical work necessary to install a gaming system, or provide a utility connection 7 |
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427 | 427 | | for a gaming system; 8 |
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428 | 428 | | (3) provide to an owner or lessor of a gaming premises compensation, 9 |
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429 | 429 | | a gift, gratuity, premium, or other thing of value; 10 |
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430 | 430 | | (4) participate in a gaming activity at a gaming premises that uses 11 |
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431 | 431 | | gaming equipment purchased or leased from that distributor; 12 |
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432 | 432 | | (5) alter or modify any gaming equipment, except to add a sticker 13 |
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433 | 433 | | indicating the last ticket sold for a pull-tab game; 14 |
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434 | 434 | | (6) obtain or use point-of-sale information for a paper pull-tab game or 15 |
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435 | 435 | | bingo; 16 |
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436 | 436 | | (7) connect the price or availability of a paper pull-tab game to an 17 |
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437 | 437 | | electronic pull-tab or the price or availability of an electronic pull-tab to a paper pull-18 |
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438 | 438 | | tab game; 19 |
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439 | 439 | | (8) be an owner, shareholder, or subsidiary of a manufacturer, or a 20 |
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440 | 440 | | corporation that owns a manufacturer, licensed under AS 05.15.181; 21 |
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441 | 441 | | (9) distribute a pull-tab game to a permittee or licensee that is owned 22 |
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442 | 442 | | or managed by a person that is related within two degrees of consanguinity to an 23 |
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443 | 443 | | individual that owns or is employed by the distributor. 24 |
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444 | 444 | | (i) A distributor may only distribute electronic pull-tabs that meet the 25 |
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445 | 445 | | requirements of AS 05.15.186. 26 |
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446 | 446 | | (j) A distributor may provide marketing, promotional, or point-of-sale items or 27 |
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447 | 447 | | materials for the promotion of lawful gaming to a municipality or qualified 28 |
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448 | 448 | | organization, operator, or multiple-beneficiary permittee for use at a premises where 29 |
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449 | 449 | | gaming is conducted by holders of a license or permit under this chapter. The total 30 |
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450 | 450 | | value of marketing, promotional, or point-of-sale items or materials that a distributor 31 34-LS0213\I |
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451 | 451 | | SB 170 -14- SB0170A |
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452 | 452 | | New Text Underlined [DELETED TEXT BRACKETED] |
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453 | 453 | | |
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454 | 454 | | provides to a municipality or qualified organization, operator, or multiple-beneficiary 1 |
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455 | 455 | | permittee may not exceed $250 a year. 2 |
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456 | 456 | | (k) A distributor shall submit to the department a copy of each contract with a 3 |
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457 | 457 | | permittee, multiple-beneficiary permittee, vendor, or operator within seven days after 4 |
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458 | 458 | | signing the contract. 5 |
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459 | 459 | | (l) The department shall provide a serialized stamp to a distributor. The 6 |
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460 | 460 | | distributor shall register all gaming tablets with the department and shall affix the 7 |
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461 | 461 | | serialized stamp to the tablet. 8 |
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462 | 462 | | (m) A contract between a distributor and a permittee must allow either party to 9 |
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463 | 463 | | terminate the contract with 30 days' notice. 10 |
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464 | 464 | | * Sec. 29. AS 05.15.185 is amended to read: 11 |
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465 | 465 | | Sec. 05.15.185. Distribution of pull-tab games. Each series of pull-tabs 12 |
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466 | 466 | | distributed in the state must have a serial number and be sealed or encrypted in a 13 |
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467 | 467 | | manner [AND HAVE A SERIAL NUMBER LABEL ISSUED BY THE 14 |
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468 | 468 | | NATIONAL ASSOCIATION OF FUNDRAISING TICKET MANUFACTURERS 15 |
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469 | 469 | | OR OTHER SERIAL NUMBER LABEL] approved by the department and may be 16 |
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470 | 470 | | distributed only to 17 |
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471 | 471 | | (1) a municipality or a qualified organization that has obtained a 18 |
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472 | 472 | | permit issued under this chapter; 19 |
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473 | 473 | | (2) an operator; [ON BEHALF OF AN AUTHORIZING 20 |
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474 | 474 | | PERMITTEE; OR] 21 |
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475 | 475 | | (3) a distributor licensed under this chapter; or 22 |
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476 | 476 | | (4) a vendor by a distributor as authorized under AS 05.15.183(e). 23 |
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477 | 477 | | * Sec. 30. AS 05.15.185 is amended by adding new subsections to read: 24 |
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478 | 478 | | (b) An electronic pull-tab series distributed in the state must 25 |
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479 | 479 | | (1) have a predetermined and finite number of winning and 26 |
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480 | 480 | | nonwinning tickets; 27 |
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481 | 481 | | (2) have a predetermined prize amount and structure; 28 |
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482 | 482 | | (3) have a unique serial number that is not regenerated. 29 |
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483 | 483 | | (c) An electronic pull-tab series distributed in the state may not 30 |
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484 | 484 | | (1) exceed 15,000 tickets; 31 34-LS0213\I |
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485 | 485 | | SB0170A -15- SB 170 |
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486 | 486 | | New Text Underlined [DELETED TEXT BRACKETED] |
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487 | 487 | | |
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488 | 488 | | (2) require additional consideration for an extended play feature 1 |
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489 | 489 | | included in the game. 2 |
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490 | 490 | | (d) An invoice for a paper pull-tab game distributed in the state must specify 3 |
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491 | 491 | | the cost for each ticket for the pull-tab game. 4 |
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492 | 492 | | * Sec. 31. AS 05.15 is amended by adding a new section to read: 5 |
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493 | 493 | | Sec. 05.15.186. Electronic pull-tabs. (a) An electronic pull-tab system used to 6 |
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494 | 494 | | sell an electronic pull-tab series in the state 7 |
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495 | 495 | | (1) may accept United States currency in paper form; 8 |
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496 | 496 | | (2) may accept credits or credit vouchers purchased with United States 9 |
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497 | 497 | | currency in paper form, a debit card transaction, electronically transferred funds, or 10 |
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498 | 498 | | other electronic payment mechanisms; 11 |
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499 | 499 | | (3) may not accept credit card transactions; 12 |
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500 | 500 | | (4) must clearly display the result and any prize awarded following the 13 |
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501 | 501 | | play of an electronic pull-tab game on the electronic pull-tab device and reveal the 14 |
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502 | 502 | | numbers or series of the pull-tab on the device; 15 |
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503 | 503 | | (5) may use an autoclose system to close a game when all winning 16 |
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504 | 504 | | tickets over a predetermined value are gone from the game; an autoclose feature must 17 |
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505 | 505 | | be disclosed on the electronic game flare card with a statement identifying when the 18 |
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506 | 506 | | game will be closed; and 19 |
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507 | 507 | | (6) must be a tablet device with a screen not larger than 13 inches in 20 |
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508 | 508 | | width or height; the tablet may not be connected to an external monitor or input 21 |
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509 | 509 | | device. 22 |
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510 | 510 | | (b) An electronic pull-tab system used to sell an electronic pull-tab series in 23 |
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511 | 511 | | the state may not 24 |
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512 | 512 | | (1) display on the device spinning reels that mimic a slot machine; or 25 |
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513 | 513 | | (2) dispense anything of value. 26 |
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514 | 514 | | (c) A device used to play electronic pull-tabs must be incorporated into an 27 |
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515 | 515 | | electronic pull-tab system and may not be used for personal communication. 28 |
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516 | 516 | | Connections between all components and access points of the electronic pull-tab 29 |
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517 | 517 | | system must use secure communication protocols designed to prevent unauthorized 30 |
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518 | 518 | | access or tampering, employing advanced encryption standard specifications adopted 31 34-LS0213\I |
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519 | 519 | | SB 170 -16- SB0170A |
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520 | 520 | | New Text Underlined [DELETED TEXT BRACKETED] |
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521 | 521 | | |
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522 | 522 | | by the National Institute of Standards and Technology, or in accordance with IEEE 1 |
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523 | 523 | | 802.11 standards contained in the Wi-Fi Protected Access II authentication protocols 2 |
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524 | 524 | | or other nationally recognized security protocols as prescribed by the department. 3 |
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525 | 525 | | (d) A pull-tab manufacturer shall maintain and keep current operating system 4 |
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526 | 526 | | software agreements. An operating system agreement must be made available to the 5 |
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527 | 527 | | department. 6 |
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528 | 528 | | (e) The ideal payout for electronic pull-tabs may not exceed 85 percent. 7 |
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529 | 529 | | (f) The total price, including fees, a distributor charges a permittee or licensee 8 |
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530 | 530 | | for an electronic pull-tab system may not exceed 35 percent of the gross receipts less 9 |
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531 | 531 | | the prize payouts of the electronic pull-tab system. 10 |
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532 | 532 | | (g) A distributor may not connect the price or availability of a paper pull-tab 11 |
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533 | 533 | | game to an electronic pull-tab. 12 |
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534 | 534 | | * Sec. 32. AS 05.15.187(d) is amended to read: 13 |
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535 | 535 | | (d) A paper pull-tab series may not be withdrawn from sale until all pull-tabs 14 |
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536 | 536 | | in the series are sold, except that a pull-tab series may be withdrawn from sale if a 15 |
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537 | 537 | | manufacturing defect exists in the series and the department is notified of the defect 16 |
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538 | 538 | | and of the withdrawal from sale within a period established by regulation by the 17 |
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539 | 539 | | department. 18 |
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540 | 540 | | * Sec. 33. AS 05.15.187(e) is amended to read: 19 |
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541 | 541 | | (e) Pull-tabs may not be sold to or accessed by a person under the age of 18 20 |
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542 | 542 | | [21] years. A person under the age of 18 [21] years may not purchase or redeem a 21 |
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543 | 543 | | pull-tab. 22 |
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544 | 544 | | * Sec. 34. AS 05.15.187(f) is amended to read: 23 |
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545 | 545 | | (f) Each permittee that had gross receipts exceeding $100,000 during the 24 |
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546 | 546 | | preceding year from activities conducted under this chapter or that is required to report 25 |
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547 | 547 | | under AS 05.15.080(a) shall maintain records as required by this subsection. A 26 |
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548 | 548 | | permittee [,] that conducts a paper pull-tab game shall maintain records for two years 27 |
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549 | 549 | | of each prize of $100 [$50] or more, the first day and last day that each series was 28 |
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550 | 550 | | distributed, the serial number of each series, and the distributor from whom each series 29 |
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551 | 551 | | was purchased. A permittee that conducts an electronic pull-tab game shall 30 |
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552 | 552 | | maintain records for two years of each prize that is more than $500 and greater 31 34-LS0213\I |
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553 | 553 | | SB0170A -17- SB 170 |
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554 | 554 | | New Text Underlined [DELETED TEXT BRACKETED] |
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555 | 555 | | |
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556 | 556 | | than 500 times the ticket price [IN THIS SECTION "PERMITTEE" INCLUDES 1 |
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557 | 557 | | MUNICIPALITIES AND QUALIFIED ORGANIZATIONS THAT JOINTLY HOLD 2 |
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558 | 558 | | A MULTIPLE-BENEFICIARY PERMIT]. 3 |
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559 | 559 | | * Sec. 35. AS 05.15.187(i) is amended to read: 4 |
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560 | 560 | | (i) A permittee, operator, or registered vendor may not turn over a prize of 5 |
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561 | 561 | | $100 [$50] or more to a person with a paper pull-tab card entitling the person to that 6 |
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562 | 562 | | prize unless the person signs a receipt for the prize and returns the receipt to the 7 |
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563 | 563 | | permittee, operator, or vendor. The receipt must be in a form approved by the 8 |
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564 | 564 | | department. 9 |
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565 | 565 | | * Sec. 36. AS 05.15.187 is amended by adding new subsections to read: 10 |
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566 | 566 | | (j) An operator or permittee shall designate a person who is responsible for 11 |
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567 | 567 | | overseeing pull-tabs or an electronic pull-tab system. 12 |
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568 | 568 | | (k) The department may limit the number of tablets a permittee, licensee, or 13 |
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569 | 569 | | vendor has in play at a location to one tablet for every six persons permitted to occupy 14 |
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570 | 570 | | the premises. 15 |
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571 | 571 | | (l) An owner or employee of an establishment that sells paper pull-tabs may 16 |
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572 | 572 | | not play paper pull-tabs at the establishment. 17 |
---|
573 | 573 | | (m) A person who has access to an electronic pull-tab deck status report at a 18 |
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574 | 574 | | location may not play electronic pull-tabs at that location. 19 |
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575 | 575 | | (n) An operator or permittee may maintain a vending machine that sells paper 20 |
---|
576 | 576 | | pull-tabs directly to customers in an establishment that is accessible only by persons 21 |
---|
577 | 577 | | 21 years of age or older. 22 |
---|
578 | 578 | | (o) An operator, permittee, or qualified organization may not accept gifts from 23 |
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579 | 579 | | a pull-tab manufacturer, an owner or employee of a manufacturer, an immediate 24 |
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580 | 580 | | family member of an owner or employee of a manufacturer, or a parent company, 25 |
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581 | 581 | | sister company, or subsidiary of a manufacturer with a total value of more than $250 26 |
---|
582 | 582 | | per calendar year. 27 |
---|
583 | 583 | | * Sec. 37. AS 05.15.188(g) is amended to read: 28 |
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584 | 584 | | (g) A person, other than a permittee's member in charge or alternate 29 |
---|
585 | 585 | | member in charge [MEMBER-IN-CHARGE], may not directly supply a paper pull-30 |
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586 | 586 | | tab series to a registered vendor for sale by that vendor on behalf of the permittee. 31 34-LS0213\I |
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587 | 587 | | SB 170 -18- SB0170A |
---|
588 | 588 | | New Text Underlined [DELETED TEXT BRACKETED] |
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589 | 589 | | |
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590 | 590 | | * Sec. 38. AS 05.15.188(h) is amended to read: 1 |
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591 | 591 | | (h) If a permittee contracts with a vendor under (a) of this section for paper 2 |
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592 | 592 | | pull-tabs, the contract must provide that the permittee shall receive not [NO] less than 3 |
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593 | 593 | | 70 percent of the ideal net. 4 |
---|
594 | 594 | | * Sec. 39. AS 05.15.188(i) is amended to read: 5 |
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595 | 595 | | (i) An amount equal to the ideal net less the compensation owed to the vendor 6 |
---|
596 | 596 | | shall be paid by the vendor to the member in charge or alternate member in charge 7 |
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597 | 597 | | [MEMBER-IN-CHARGE] upon delivery of a paper pull-tab series to the vendor for 8 |
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598 | 598 | | sale. The amount required to be paid by the vendor shall be paid by check or 9 |
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599 | 599 | | electronic funds transfer and [THE CHECK MAY NOT BE DRAWN IN A 10 |
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600 | 600 | | MANNER THAT] the payee must be [IS NOT] identified. 11 |
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601 | 601 | | * Sec. 40. AS 05.15.188 is amended by adding new subsections to read: 12 |
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602 | 602 | | (l) If a permittee contracts with a vendor under (a) of this section for electronic 13 |
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603 | 603 | | pull-tabs, the contract must provide that the vendor will retain not more than 30 14 |
---|
604 | 604 | | percent of the gross receipts less the prize payouts. 15 |
---|
605 | 605 | | (m) A vendor location may sell only paper pull-tabs and electronic pull-tabs 16 |
---|
606 | 606 | | accessed on a portable tablet device. 17 |
---|
607 | 607 | | (n) A vendor shall report to the department the amount of adjusted gross 18 |
---|
608 | 608 | | income disbursed to permittees each month. The vendor's portion may not be more 19 |
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609 | 609 | | than 30 percent of the adjusted gross income for paper pull-tabs nor more than 25 20 |
---|
610 | 610 | | percent for electronic pull-tabs. A distributor may submit the report to the department 21 |
---|
611 | 611 | | for a vendor. 22 |
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612 | 612 | | (o) Not later than the fifth day of each month, a distributor shall make 23 |
---|
613 | 613 | | available a report detailing, for the previous month, the total income from electronic 24 |
---|
614 | 614 | | pull-tabs, the prizes distributed, and a calculation of the adjusted gross income for 25 |
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615 | 615 | | each vendor location. 26 |
---|
616 | 616 | | (p) A cash shortage is the responsibility of the vendor and may not be 27 |
---|
617 | 617 | | deducted from the adjusted gross income. 28 |
---|
618 | 618 | | (q) A vendor shall pay the permittee by check or electronic funds transfer and 29 |
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619 | 619 | | identify the payee not later than Thursday of each week for the previous week's sales. 30 |
---|
620 | 620 | | If a vendor fails to make a payment on time, the distributor shall disable the vendor's 31 34-LS0213\I |
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621 | 621 | | SB0170A -19- SB 170 |
---|
622 | 622 | | New Text Underlined [DELETED TEXT BRACKETED] |
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623 | 623 | | |
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624 | 624 | | electronic pull-tab games until payment is made. If a vendor's payment is 60 or more 1 |
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625 | 625 | | days past due, the Alcoholic Beverage Control Board may suspend the vendor's 2 |
---|
626 | 626 | | license or permit under AS 04.11.370(c). 3 |
---|
627 | 627 | | (r) A contract between an authorizing permittee and a vendor may allow the 4 |
---|
628 | 628 | | vendor to pool together permittees and divide the gaming income and payouts among 5 |
---|
629 | 629 | | permittees on a percentage basis. 6 |
---|
630 | 630 | | (s) The department may not register as a vendor a person who is otherwise 7 |
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631 | 631 | | prohibited from involvement under AS 05.15.105. 8 |
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632 | 632 | | (t) A vendor may not accept gifts from a pull-tab manufacturer, an owner or 9 |
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633 | 633 | | employee of a manufacturer, an immediate family member of an owner or employee 10 |
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634 | 634 | | of a manufacturer, or a parent company, sister company, or subsidiary of a 11 |
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635 | 635 | | manufacturer with a total value of more than $250 per calendar year. 12 |
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636 | 636 | | * Sec. 41. AS 05.15.640(a) is amended to read: 13 |
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637 | 637 | | (a) A person may not use broadcasting to [PROMOTE OR] conduct a 14 |
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638 | 638 | | charitable gaming activity under this chapter [EXCEPT THAT A PERSON MAY 15 |
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639 | 639 | | USE 16 |
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640 | 640 | | (1) BROADCASTING TO PROMOTE A FISH DERBY, A DOG 17 |
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641 | 641 | | MUSHERS' CONTEST, A TYPE OF CLASSIC DEFINED IN AS 05.15.690, OR A 18 |
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642 | 642 | | RAFFLE AND LOTTERY; OR 19 |
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643 | 643 | | (2) THE INTERNET OR AN INTERNET COMMUNICATION TO 20 |
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644 | 644 | | PROMOTE A CHARITABLE GAMING ACTIVITY UNDER THIS CHAPTER]. 21 |
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645 | 645 | | * Sec. 42. AS 05.15.640(c) is amended to read: 22 |
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646 | 646 | | (c) Notwithstanding (a) of this section, a permittee, an operator, or the holder 23 |
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647 | 647 | | of a multiple-beneficiary permit may use the Internet or an Internet communication to 24 |
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648 | 648 | | conduct a charitable gaming activity for a raffle or lottery, dog mushers' contest, 25 |
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649 | 649 | | derby, or type of classic defined in AS 05.15.690. The permittee, an operator, or the 26 |
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650 | 650 | | holder of a multiple-beneficiary permit may draw winning tickets online or by other 27 |
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651 | 651 | | electronic or digital means. In this subsection, 28 |
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652 | 652 | | (1) "Internet" means the combination of computer systems or 29 |
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653 | 653 | | networks that make up the international network for interactive communications 30 |
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654 | 654 | | services, including remote logins, file transfer, electronic mail, and newsgroups; 31 34-LS0213\I |
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655 | 655 | | SB 170 -20- SB0170A |
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656 | 656 | | New Text Underlined [DELETED TEXT BRACKETED] |
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657 | 657 | | |
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658 | 658 | | (2) "Internet communication" means an announcement or 1 |
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659 | 659 | | advertisement disseminated through the Internet. 2 |
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660 | 660 | | * Sec. 43. AS 05.15.690(1) is amended to read: 3 |
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661 | 661 | | (1) "adjusted gross income" means gross income less prizes awarded, 4 |
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662 | 662 | | tax collected under AS 05.15.184, and state, federal, and municipal taxes paid or 5 |
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663 | 663 | | owed on the income; 6 |
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664 | 664 | | * Sec. 44. AS 05.15.690(33) is amended to read: 7 |
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665 | 665 | | (33) "net proceeds" means the gross receipts from an authorized 8 |
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666 | 666 | | activity less the fee described in AS 05.15.020(b), [THE] expenses [AUTHORIZED 9 |
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667 | 667 | | BY AS 05.15.160], and the prizes awarded at the activity; 10 |
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668 | 668 | | * Sec. 45. AS 05.15.690(39) is amended to read: 11 |
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669 | 669 | | (39) "pull-tab or pull-tab game" means a game of chance where a 12 |
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670 | 670 | | card, or electronic representation of a card, the face of which is covered to conceal 13 |
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671 | 671 | | a number, symbol, or set of symbols, is purchased by the participant and where a prize 14 |
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672 | 672 | | is awarded for a card, or electronic representation of a card, containing certain 15 |
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673 | 673 | | numbers or symbols designated in advance and at random; 16 |
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674 | 674 | | * Sec. 46. AS 05.15.690(40) is amended to read: 17 |
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675 | 675 | | (40) "qualified organization" means a bona fide civic or service 18 |
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676 | 676 | | organization or a bona fide religious, charitable, fraternal, veterans, labor, political, or 19 |
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677 | 677 | | educational organization, school-based extracurricular or co-curricular booster 20 |
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678 | 678 | | club, police or fire department and company, dog mushers' association, outboard 21 |
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679 | 679 | | motor association, or fishing derby or nonprofit trade association in the state, that 22 |
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680 | 680 | | operates without profits to its members and that has been in existence continually for a 23 |
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681 | 681 | | period of three years immediately before applying for the license or permit; the 24 |
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682 | 682 | | organization may be a firm, corporation, company, association, or partnership; in this 25 |
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683 | 683 | | paragraph, "fishing derby association" means a civic, service, or charitable 26 |
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684 | 684 | | organization in the state, not for pecuniary profit, whose primary purpose is to 27 |
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685 | 685 | | promote interest in fishing for recreational purposes, but does not include an 28 |
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686 | 686 | | organization formed or operated for gaming or gambling purposes; 29 |
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687 | 687 | | * Sec. 47. AS 05.15.690(46) is amended to read: 30 |
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688 | 688 | | (46) "series" means a unit of pull-tabs with the same serial number or 31 34-LS0213\I |
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689 | 689 | | SB0170A -21- SB 170 |
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690 | 690 | | New Text Underlined [DELETED TEXT BRACKETED] |
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691 | 691 | | |
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692 | 692 | | a unit of electronic pull-tabs that have a unique serial number; 1 |
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693 | 693 | | * Sec. 48. AS 05.15.690 is amended by adding new paragraphs to read: 2 |
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694 | 694 | | (51) "distributor" includes a distributor salesperson, or representative, 3 |
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695 | 695 | | agent, affiliate, or other employee of a distributor; 4 |
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696 | 696 | | (52) "electronic pull-tab system" means individual electronic pull-tabs, 5 |
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697 | 697 | | portable tablet pull-tab devices, and related hardware and software used to play or 6 |
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698 | 698 | | facilitate the play of an electronic pull-tab series; 7 |
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699 | 699 | | (53) "immediate family member" has the meaning given in 8 |
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700 | 700 | | AS 39.52.960; 9 |
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701 | 701 | | (54) "manufacturer" includes a manufacturer salesperson or a 10 |
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702 | 702 | | representative, agent, affiliate, or other employee of a manufacturer. 11 |
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703 | 703 | | * Sec. 49. AS 05.15.060(b), 05.15.115(c), 05.15.150(b), 05.15.160, 05.15.165(b), 12 |
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704 | 704 | | 05.15.640(b), 05.15.640(g)(2), and 05.15.640(g)(3) are repealed. 13 |
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705 | 705 | | * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 14 |
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706 | 706 | | read: 15 |
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707 | 707 | | APPLICABILITY. AS 05.15.183(m), enacted by sec. 28 of this Act, applies to a 16 |
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708 | 708 | | contract entered into, renewed, or amended on or after the effective date of sec. 28 of this Act. 17 |
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709 | 709 | | * Sec. 51. Section 11 of this Act takes effect January 1, 2031. 18 |
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710 | 710 | | * Sec. 52. Except as provided in sec. 51 of this Act, this Act takes effect January 1, 2026. 19 |
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