CSSB 76(L&C): "An Act preventing persons with certain convictions from being involved in charitable gaming activities as a permittee, licensee, person responsible for an activity, or employee in a managerial or supervisory capacity; providing exceptions for certain persons whose convictions are at least 10 years old; and relating to `political uses' and `political organizations' as those terms are used in the charitable gaming statutes."
00CS FOR SENATE BILL NO. 76(L&C) 01 "An Act preventing persons with certain convictions from being involved in 02 charitable gaming activities as a permittee, licensee, person responsible for an 03 activity, or employee in a managerial or supervisory capacity; providing exceptions 04 for certain persons whose convictions are at least 10 years old; and relating to 05 `political uses' and `political organizations' as those terms are used in the 06 charitable gaming statutes." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 05.15 is amended by adding a new section to read: 09 Sec. 05.15.105. PERSONS PROHIBITED FROM INVOLVEMENT; 10 EXCEPTIONS. (a) If a person has been convicted of a violation of a law of this state 11 that is, or a law or ordinance of another jurisdiction that would be if it had been 12 committed in this state, a felony, or a violation of a law or ordinance of this state or 13 another jurisdiction that is a crime involving theft or dishonesty or a violation of 14 gambling laws
01 (1) the department may not issue a license to the person; 02 (2) the department may not issue a license to an applicant who employs 03 the person in a managerial or supervisory capacity; 04 (3) the department may not issue a permit for an activity if the person 05 is responsible for the operation of the activity; 06 (4) the person may not be employed in a managerial or supervisory 07 capacity by a licensee; 08 (5) the person may not participate in charitable gaming as a permittee 09 or licensee. 10 (b) Notwithstanding (a) of this section, the department shall adopt regulations 11 allowing a person who is not otherwise disqualified under (a) of this section but who 12 has been convicted of a violation of a law 13 (1) of this state that is, or a law or ordinance of another jurisdiction 14 that would be if it was committed in this state, a class B felony, a class C felony, or 15 an unclassified felony described outside of AS 11, and that is not a crime of 16 dishonesty, theft, or a violation of gambling laws, to be eligible to participate in 17 charitable gaming, gaming as a permittee or licensee, or as an employee of a permittee 18 or licensee employed in a managerial or supervisory capacity, or as a person 19 responsible for the operation of the activity permitted by the department, if at least 10 20 years have elapsed since the person's conviction; 21 (2) or ordinance of this state or another jurisdiction that is a crime 22 involving theft or dishonesty or a violation of gambling laws to be eligible to 23 participate in charitable gaming as a permittee or licensee, or as an employee of a 24 permittee or licensee employed in a managerial or supervisory capacity, or as a person 25 responsible for the operation of an activity permitted by the department, if 26 (A) at least 10 years have elapsed since the person's conviction; 27 (B) the department determines the person is of good character, 28 honesty, and integrity; and 29 (C) the department determines the person's involvement in 30 charitable gaming is not against the public interest. 31 * Sec. 2. AS 05.15.140(b) is amended to read:
01 (b) In an application for a permit, a municipality or qualified organization shall 02 disclose the name and address of each person responsible for the operation of the 03 activity and whether any person named 04 (1) has been convicted of [, IN PRISON FOR, OR ON PAROLE FOR] 05 a violation of a law of this state that is, or a law or ordinance of another state that 06 would be if committed in this state, an unclassified felony described in AS 11, a 07 Class A felony, extortion, or a violation of a law or ordinance of this state or 08 another jurisdiction that is [WITHIN THE PRECEDING FIVE YEARS, OR 09 CONVICTED OF] a crime involving theft or dishonesty or [OF] a violation of [A 10 MUNICIPAL, STATE, OR FEDERAL] gambling laws [LAW]; or 11 (2) has a prohibited financial interest, as defined in regulations adopted 12 by the commissioner, in the operation of the activity. 13 * Sec. 3. AS 05.15.150(a) is amended to read: 14 (a) The authority to conduct the activity authorized by this chapter is 15 contingent upon the dedication of the net proceeds of the raffles or contests to the 16 awarding of prizes to contestants or participants and to political, educational, civic, 17 public, charitable, patriotic or religious uses in the state. "Political, educational, civic, 18 public, charitable, patriotic, or religious uses" means uses benefiting persons either by 19 bringing them under the influence of education or religion or relieving them from 20 disease, suffering, or constraint, or by assisting them in establishing themselves in life, 21 or by providing for the promotion of the welfare and well-being of the membership of 22 the organization within their own community, or through aiding a political 23 organization [CANDIDATES FOR PUBLIC OFFICE OR GROUPS THAT SUPPORT 24 CANDIDATES FOR PUBLIC OFFICE], or by erecting or maintaining public 25 buildings or works, or lessening the burden on government, but does not include 26 (1) the direct contribution of proceeds of a bingo or pull-tab game 27 to a candidate for a public office of the state or a political subdivision of the state 28 or to that candidate's campaign organization; or 29 (2) the erection, acquisition, improvement, maintenance, or repair of 30 real, personal, or mixed property unless it is used exclusively for one or more of the 31 uses stated.
01 * Sec. 4. AS 05.15.210(27) is amended to read: 02 (27) "political organization" means a political party as defined in 03 AS 15.60.010 or an organization or club organized under or formally affiliated with 04 a political party [AS DEFINED IN AS 15.60.010]; 05 * Sec. 5. AS 05.15.210 is amended by adding a new paragraph to read: 06 (36) "managerial or supervisory capacity" means that the employee 07 (A) is responsible for gaming receipts; 08 (B) has the authority to hire employees or to dismiss or 09 otherwise discipline them; 10 (C) prepares financial reports required under this chapter; 11 (D) is responsible for keeping the accounts for activities under 12 this chapter; 13 (E) is responsible for conducting activities under this chapter, 14 including the arranging for locations at which those activities will occur; or 15 (F) is a fund raiser or a consultant. 16 * Sec. 6. AS 05.15.060(6), 05.15.122(c), 05.15.122(d), and 05.15.140(c) are repealed.