OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM

Transcription

1 Mead Treadwell Lieutenant Governor State Capitol Juneau, Alaska Fax West 7 th Ave, Su ite 1700 Anchorage, Alaska 9950 I LT.GOVERNOR@A LASKA.GOV OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM TO: FROM: DATE: RE: Lacy Wilcox, AA C Contact D epartment of Revenue Scott Meriwether Special Assistant July 4, 2014 Filed Permanent Regulations: D epartment of Revenue Regulations reo authorized games of chance and skill and the maximum price for a ricket for a special-draw raffle: 15 AAC (d) Arrorney General File: JU Regulation Filed: 7/ 2/ 2014 Effective Date: 8/1/ 2014 Print: 211, October 2014 cc with enclosures: Linda rvliller, Department of Law Crysmll<oeneman, Administrative Regulation Review Comminee Judy Herndon, LexisNexis

2 JU ORDER ADOPTING CHANGES TO REGULATIONS OF THE DEPARTMENT OF REVENUE The attached one page of regulations, dealing with Authorized Games of Chance and Skill, is adopted and certified to be a correct copy of the regulation changes that the Department of Revenue adopts under the authority of AS and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS and and opportunity for public comment under AS This action is not expected to require an increased appropriation. Although no public comments were received, the Department of Revenue paid special attention to the cost to private persons of the regulatory action being taken. The regulation changes adopted under this order take effect on the 30th day after they have been filed by the lieutenant governor as provided in AS DATE: 1IFt/;.. 0 )Ii A~e~~ Department of Revenue FILING CERTIFICATION I, Mead Treadwell, Lieutenant Governor for the State of Alaska, certify that on k...-i"""u,c---" 20 I cj, atj-: m., I filed the attached regulations according to the r, of AS Effective : Register:

3 JU ORDER ADOPTING CHANGES TO REGULATIONS OF THE DEPARTMENT OF REVENUE The attached one page of regulations, dealing with Authorized Games of Chance and Skill, is adopted and certified to be a correct copy of the regulation changes that the Department of Revenue adopts under the authority of AS and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS and and opportunity for public comment under AS This action is not expected to require an increased appropriation. Although no public comments were received, the Department of Revenue paid special attention to the cost to private persons of the regulatory action being taken. The regulation changes adopted under this order take effect on the 30th day after they have been filed by the lieutenant governor as provided in AS DATE: tj;+/j...oia/ ~d-& Angela. Rodell, Commissioner Department of Revenue FILING CERTIFICATION I, Mead Treadwell, Lieutenant Governor for the State of Alaska, certify that on k.rl'~q..---' 20~ atj-:oo n.m., I filed the attached regulations according to the r I of AS Effective: Register: Av,?usf I" 201,'f. 21 ~. {)Jv~er 20.'1

4 Register 2 \ \, 0,--in ~ ( IS AAC 160.6S2(d) is amended to read: (d)".the price ofa raffle ti cket may not exceed $100[$ 10]. (Eff. 1!lJ.2~' t eg i ster ~ ~ ~ A Authority: ASOS. ls.060 ASOS.IS.I00 AS 05. /

5 MEMORANDUM State of Alaska Department of Law TO: I-Ion. Mead Treadwell Lieutenant Governor DATE: June 6, 2014 FILE NO.: JU FROM : Steven C. weave~ edt Sr. Assistant Attorney General and Assistant Regulations Attorney Legislation/Regulations Section--Juneau TELEPHONE NO.: SUBJECT: Regulations re: authorized games of chance and skill and the maximum price for a ticket for a special-draw raffle (15 AAC (d» We have reviewed the attached regulations fro m the Department of"revenue. I have reviewed this project under a speci fi c delegati on dated June 4, 2014 from the Regul ati ons Attorney. A duplicate of this memorandum is being furnished to Commissioner Rodell, along with a copy of the regulations. The Department of Law has reviewed the attached regulations against the statutory standards of the Administrative Procedure Act. Based upon our review, we find no legal problems. This memorandum and the attached duplicate memorandum dated June 6, constitute the written statement of approval under AS (b) and (c) that authorizes your office to file the attached regul ations. The regul ation changes were adopted by the Department of Revenue after the close of the public comment period. Fo r a special-draw raffle under the department's regulations regarding authori zed games of chance and skill, the maximum price that may be charged for a raffle ticket would increase from $ 10 to $ 100. The adoption order for the regulations states that this action is not expected to require an increased appropriation. Therefore, a fi scal note under AS is not required. We have made a few technical corrections to conform the history note and authority citation for the regulations to the drafting manual under AS and The corrections are shown on the attached copy of the regulations. sew cc w/cnc: Hall. Angela M. Rodell, Commissioner DcparuncnI or Revenue

6 MEMORANDUM State of Alaska Department of Law TO: Hon. Angela M. Rodell Commissioner Department of Revenue DATE: June 6, 2014 FILE NO.: JU20 I FROM : Steven C. Weaver ~ ~ Sr. Assistant Attorney General and Assistant Regulations Attorney Legislation/Regulations Section--Juneau TELEPHONE NO.: SUBJECT: Regulations re: authorized games of chance and skill and the maximum price for a ticket for a special-draw raffle (15 AAC (d)) Under AS , we have reviewed the attached amendment to regulations by the Department of Revenue, and approve the changes for filing by the li eutenant governor. I have reviewed this project under a specific delegation dated June 4, 2014 from the Regulations Attorney. A duplicate original of this memorandum is being f'urnished to the lieutenant governor, along with the one page of regulations and the related documents. You might wish to contact the lieutenant governor's office to confirm the filing date and effective date of the attached regul ati on changes. The March 9, public notice and the April 17, 2014 adoption order both state that thi s action is not expected to require an increased appropriation. Therefore, a fi scal note under AS is not required. In accordance with AS I 25(b)(6), so me corrections have been made in the history note and authority citation for the regulations, as shown on the attached copy. sew cc w/cnc: Lacy Wil cox, Speci al Ass istant & Regul ations Contact DcparllllCIlI or Revenue Matthew Fonder, Director Tax Di vis ion Departmen t or Revenue Todd J. Araujo Assistant Altomc), General Commercial & Fair 13usi nc5s Scclion--Juncau

7 MEMORANDUM State of Alaska Department of Law TO: Hon. Mead Treadwell Lieutenant Governor DATE: June 4, 2014 FILE NO.:.JU TELEPHONE NO.: FROM: Susan R. Pollard SJf~ Chief Assistant Attorney General & Regulations Attorney Legislation/Regulations Section-Juneau SUBJECT: Specific delegation of authority regarding regulations review on Department of Revenue regulations re: authorized games of chance and ski II and the maximum price for a raffle ticket (15 AAC (d)) By this memorandum, I am delegating my authority as Regulations Attorney under AS to Assistant Attorney General Steven C. Weaver for the above-referenced regulations project. Under this delegation of authority, Steven Weaver has my full authority under AS to conduct the legal review under AS and take necessary actions on thi s regulations project. [f you have questions, please let me know. SRP:SCIV cc w/cnc: SCOIt C. Meriwether, /\AC Coordinator Office of the Lieutenant Governor Steven C. Weaver Sr. Assistant Attorney General & Assistant Regulations Attorney Lcgi sl<lli on/rcgu lmiolls Section- Juncau

8 NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF TH E DEPARTMENT OF REVENUE Brief Description: The Department of Revenue proposes to adopt regulations changes in the area of Authorized Games of Chance and Skill dealing with Special-draw Raffle tickets. The Department of Revenue proposes to adopt regulations changes in Title 15, Chapter 160, of the Alaska Administrative Code, dealing with Authorized Games of Chance and Skill, including the following: (1) ISAAC (d) will be amended to increase the limit on the price of a special-draw raffle ticket fi om $10 to $100. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Claire Lettow at the Department of Revenue at 550 West 7'h Avenue, Suite 500, Anchorage, Alaska, 9950 I. Additionally, the Depm1ment of Revenue will accept comments by electronic mail at claire.lettow@alaska.gov. The comments must be received no later than 4:00 p.m. on April 9. Written comments received are public records and are subject to public inspection. If you are a person with a di sability who needs a special accommodation in order to participate in this process, please contact Claire Lettow at , no later than March 31, 2014 to ensure that any necessary accommodations can be provided. For a copy of the proposed regulation changes, contact Claire Lettow at , or go to and select the appropriate link under Regulations, Other Taxes, Draft Regulations. After the public comment period ends, the Department of Revenue will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Statutory Authority: AS 05. I 5.060; AS 05. I ; AS Statutes Being Implemented, Interpreted, or Made Specific: AS Fiscal Information: The proposed regulations changes are not expected to require an increased appropriation. Date Matthew R. Fonder, Director, Tax Division

9 ADDITIONAL REGULATIONS NOTICE INFORMATION (AS I 90(d)) I. Adopting agency: Department 0 f Revenue 2. General subject of regulation: Games of Chance and Contests of Skill 3. Citation of regulation (may be grouped): 15 AAC Department of Law fi le number, if any JU Reason for the proposed action: ( ) compliance with federal law ( ) compliance with new or changed state statute ( ) compliance with court order (X) development of program standards ( ) other: 6. Appropriation/Aliocation: Tax Division 7. Cost of implementation to the state agency and available funding (in thousands of dollars): Initial Year Subsequent FY 14 Years Operating Cost $0 $0 Capital Cost $0 $ Federal receipts $0 $ General fund match $0 $ General fund $0 $ General fundi program $ General fundi mental hea lth $0 Other $0 8. The name of the contact person for the regulations: $0 $0 $0 Name Title Address Claire Letlow Regulations Specialist 550 West 7'" Avenue, Suite 500 Anchorage, AK Telephone (907) address claire.letlow@alaska.gov 9. The origin of the proposed action: X staff of state agency federal government general public petition for regulation change other (please list) ----;;:;-= 10. Date: 3-5- /1.( Prepared by: ~(2,-- Name: Title: Telephone: Matthew R. Fonder Director, Tax Division

10 STATE OF ALASKA ) ) ss. ~ JUDICIAL DISTRICT ) AFFIDAVIT OF NOTICE OF PROPOSED ADOPTION OF REGULATIONS AND FURNISHfNG OF ADDITIONAL INFORMATION I, Claire Lettow Regulations Specialist, of Alaska Department of Revenue, Tax Division, being sworn, state the following: As required by AS , notice of the proposed adoption of changes to Title 15, Chapter 160, of the Alaska Administrative Code, dealing with Authori zed Games of Chance and Skill has been given by being (1) published in a newspaper or trade publicat ion; (2) fllrnished to interested persons [as shown on the attached list]; (3) furni shed to appropriate state officials; (4) furnished to the Department of Law, along with a copy of the proposed regulations; (5) electronically transmitted to incumbent State of Alaska legislators; (6) furnished to the Legislative Affairs Agency, Legislative Legal and Research Services; (7) posted on the Alaska Online Public Notice System as required by AS I 75(a)(I) and (b) and (a)( 1); (8) fllrnished electronically, along with a copy of the proposed regulations, to the Legislative Affairs Agency, the chair of the Finance Conunittee of the Alaska Senate and House of Representati ves, the Administrative Regulation Review Conunittee, and the legislative council As required by AS (d), additional regulati ons notice information regarding the proposed adoption of the regulation changes described above has been furnished to interested persons [as shown on the attached list] and those in (5) and (6) of the li st above. The additional regulations notice information also has been posted on the Alaska Online Public Notice System. /1 b--,--,-- /14-,-:-::-:--- DATE: ----, -4--,--;-- Anchorage, AK +h () ' \ SUBSCRffiED AND SWORN TO before me thi s [0 day of rtp n,joi Lj Notary Pubtic KAREN FLETCHER State of Alaska My Commission Expires Apr rtumcy:~ Notary Public in and for the State of Alaska My commission expires: 4 / 1/ 1&015 r I

11 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) AFFIDAVIT OF AGENCY RECORD OF PUBLIC COMMENT I, Claire Lettow, Regulations Specialist for the Department of Revenue, Tax Division, being duly sworn, state the following: The Department of Revenue did not receive any factual or other substantive information that was submitted in writing as public comment and that was relevant to the accuracy, coverage, or other aspect of the Department of Revenue regulations on authorized games of chance and skill and the maximum price for a raffle ticket. Date: Anchorage, Alaska e lations Specialist SUBSCRIBED AND SWORN TO before me this 3(01. day of J U~, dollf [NOTARY SEAL] Notary Public in and for the State of Alaska I.J I JJ /~f)' My commission expires: ~S- Notary Public KAREN FLETCHER State of Alask. My Commission Expires Apr

12 $ AFFIDAVIT OF STATE OF ALASKA THIRD JUDICIAL DISTRICT Joleesa Stepetin being first duly sworn on oath deposes and says that he is a representative of the Anchorage Daily News, a daily newspaper. That said newspaper has been approved by the Third Judicial Court, Anchorage, Alaska, and It now and has been published!n the English language continually as a dally newspaper in Anchorage, Alaska, and It IS now and during all said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a copy of an advertisement as it was published in regular issues (and not in supplemental form) of said newspaper on March 09, 2014 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is not In excess of the rate charged private individuals. ~dl rjr,1/ Sig'" Subscribed and sworn to before me this 10th day of March, 2014 &1 I[MC0 JJ~~<1 Notary Public in and for The State of Alaska. Th ird Division Anchorage, Alaska MY COMMISSION EXPIRES C'fv,l1~/5 NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF REVENUE Brief Description: The Department of Revenue proposes to adopt regulations changes in the area of AuthorIzed Games of Chance and SkTII dealing with Special-draw Raffle tickets. The Department of Revenue proposes to adopt regulations changes in Title 15, Chapter 160, of the Alaska Administrative Code, dealing witl1 Authorized Games of Chance and Skill, including the following: (1) 15 AAC (d) will be amended to Increase the limit on the price of a special-draw raffle ticket from $10 to You may comment on the proposed regulation changes. Including the potential costs to private persons of complying with the proposed changes. by submitting written comments to Claire Lettow at the Department of Revenue at 550 west 7th Avenue, su1te 500. Anchorage. Alaska, Additionally, the Department of Revenue will accept comments by electronic mall at clalre.lettowcalaska.gov. The comments must be received no later than 4:00 p.m. on April 9, written comments received are pubuc records and are subject to public inspection.. If you are a person with a disability who neads a special accommodation In order to participate In this process, please contact Claire Lettow at , no later than March to ensure that any necessary accommodations can be provided. For a copy of the proposed regulation changes, contact Claire Lettow at , or go to and select ti1e appropriate link under Regulations, Other Taxes, Draft Regulations. After the public comment period ends, the Department of Revenue will either adopt these or other provisions dealing with the same subject, Without further notice, or decide to take no action on them. The language of the final regulations may be different from that of ti1e proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Statutory Authority. AS ; AS ; AS Statutes Being Implemented, Interpreted, or Made Specific: AS Fiscal Inrormation: The proposed regulations changes are not expected to require an increased appropriation. Dated: March 5, 2014 Signed: Matthew R Fonder, Director, Tax Division AO published: March 9, 2014

13 Affidavit of Publication United States of America Ad #: State of Alaska First Division Legal # Account # NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF REVENUE Brief Description; The Department of Revenue proposes to adopt regulations changes in the area of Authorized Games of Chance and Skill dealing with Special draw Raffle tickets. The Department of Revenue proposes to adopt regulations changes in Title 15, Chapter 160, of the Alaska Administrative Code, dealing with Authorized Games of Chance and Skill, including the following: (1) 15 AAe 160.6S2(d) will be amended to increase the limit on the price of a special -draw raffle ticket from $10 to $100. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Claire Lettow at the Department of Revenue at 550 West 7th Avenue, Suite 500, Anchorage, Alaska, Additionally, the Department of Revenue will accept comments by electronic mail at ~ lettow@a/aska gov. The comments must be received no later than 4:00 p.m. on April 9, Written comments received are public records and are subject to public inspection. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Claire Lettow at , no later than March 31, 2014 to ensure that any necessary accommodations can be provided. For a copy of the proposed regulation changes, contact Claire Lettow al , or go to wwwtaxslateak.usand select the appropriate link under Regulations, Other Taxes, Draft Regulations., After the pub~\c comment period ends, the Department of Revenue will either adopt these or other provisions dealing with Ihe same subject, without further notice, or decide to take. no action on them. The language of the final regulations may be different from that of the proposed reg ulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Statutory Authority: AS ; AS ; AS Statutes Being Implemented, Interpreted, or Made Specific: AS Fiscal Information: The proposed regulations changes are not expected to require an increased appropriation. Dated: March 5, 2014 Signed: Matthew A Fonder, Director, Tax Division PUBLISHED: March 9, 2014 ' JOO.OO5 I, Alexis Cropley, being first duly sworn, oath, depose, and say that I am the Principle Clerk of the JUNEAU EMPIRE, a newspaper of general circulation, published in the city of Juneau, State of Alaska; that the publication was published in said newspaper and on the online edition, on the 9 th, of March 2014 and thereafter for 0 additional day(s), the last date of publication being March 9,2014 Subscri d and swor April 2 nd, Notary Public in and for the State of Alaska. STATE OF ALASKA (r~~?::.,,,,_ OFFICIAL SE AL ~.~.~",.'" :>,'" Tammy Meachem. a,"'joij, NOTARY PUBLIC.,. My Commission Expires 1 _

14 RECEIVED APR a I VISIOI. ~,-ar' ltjent of R -h eve',ue 0, age, A/ask AFFP Opt of Revenue Reg Change Affidavit of Publication UNITED STATES OF AMERICA} NOTICE OF STATE OF ALASKA SS. PROPOSED CHANGES IN THE FOURTH DISTRICT REGULATIONS OF THE Befo re me, the undersigned, a notary public, this day DEPARTMENT OF REVENUE personally appeared Jennifer Sottil e, who, bein g first duly sworn, accordin g to law, says that he/she is an Advertising Brief Description: The Department of Revenue Clerk of the Fairbanks Daily News-Min er, a newspaper (i) proposes to adopt regulations changes in the area published in newspaper format, (ii) distributed daily more than of AUlhorized Games of Chance and Ski ll dealing 50 weeks per year, (iii ) with a total circulation of more th an 500 w"h Speclal draw Raffle tickets. and more than 10% of the population of the Fourth Judicial The Department of Revenue proposes to adopt District, (iv) holding a second class mailing permit fro m the regulations changes in Title 15, Chapter 160. of United States Postal Service, (v) not published prim arily to the Ala.ska Administrative Code, deali.ng.with. di stribute adverti sing, and (vi) not intended for a particular Authonze~ Games of Chance and Ski ll, Including pro f esslona. I or occupatlona. I group. Th e a d vertlsement ' w h' ich IS the following: attached is a true copy of the adve rti sement published in said (1) 15 AAe (d) will be amended to paper on the following day(s): increase the limit on th e price of a specia l-draw raffle ticket from $10 to March 09, 2014 and that t e rate c charged private in You may comment on the proposed regu lation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Claire LeHow at rate the Department of Revenue at 550 West 7th Avenue, Suite 500, Anchorage, Alaska, Additionally, the Department of Revenue will accept comments by electronic ma il at claire.lettow@ -,,-J=-1;:Z:2::====:;;?L~~_7L::"'J~l alaska.gov. The comments must be received no -: later than 4:00 p,m. on April 9, Written commeut5 ieceived are publi c record s and are subject to public inspection. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Claire Leltow at , no later than March 31,2014 to ensure "-"""',-.,--;---;-~c:"'o"ta-ry -'P~u"b"li"c"in"-a-n-d""'fo-r"'t"'h-e-S=ta"'t-e-A'-I=-a-s7k-a-. - that any necessary accommodations can be provided. My commission expires: April 07, Brenda Vaughn Legal ST OF AK/DEPT OF REV TAX DIV ISION PO BOX JU NEAU, AK For a copy of the proposed regulation changes, contact Claire Lellow at , orgolo select the appropriate link under Regulations, Other Taxes. Draft Regulations. After the public comment period ends, the Department of Revenue will either adopt

15 these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Statutory Authority: AS ; AS ; AS StCltutesBeinR _ Implemented, Interpreted, or Made Specific: AS Fiscal Information: The proposed regulations changes are not expected to require an increased appropriation. Dated: March 5,2014 Signed: Matthew R Fonder, Director, Tax Division Publish: March 9, 2014