CSHB 44(FIN): "An Act relating to reporting by permittees, licensees, and vendors; providing that a political use is not an authorized use of charitable gaming proceeds, other than proceeds from raffles; prohibiting the contribution of charitable gaming proceeds, other than proceeds from raffles, to candidates for certain public offices, their campaign organizations, or to political groups; relating to municipal regulation of multiple-beneficiary charitable gaming; relating to the sale of pull-tabs and to bingo games; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles; relating to what is a qualified organization for the purpose of charitable gaming permitting; and providing for an effective date."
00CS FOR HOUSE BILL NO. 44(FIN) 01 "An Act relating to reporting by permittees, licensees, and vendors; providing that 02 a political use is not an authorized use of charitable gaming proceeds, other than 03 proceeds from raffles; prohibiting the contribution of charitable gaming proceeds, 04 other than proceeds from raffles, to candidates for certain public offices, their 05 campaign organizations, or to political groups; relating to municipal regulation of 06 multiple-beneficiary charitable gaming; relating to the sale of pull-tabs and to 07 bingo games; providing that a political group is not a qualified organization for 08 purposes of charitable gaming, other than raffles; relating to what is a qualified 09 organization for the purpose of charitable gaming permitting; and providing for 10 an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 05.15.060(a) is amended to read: 13 (a) The department shall adopt regulations under AS 44.62 (Administrative 14 Procedure Act) necessary to carry out this chapter covering, but not limited to,
01 (1) the issuance, renewal, and revocation of permits, licenses, and 02 vendor registrations; 03 (2) a method of ascertaining net proceeds, the determination of items 04 of expense that may be incurred or paid, and the limitation of the amount of the items 05 of expense to prevent the proceeds from the activity permitted from being diverted to 06 noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, 07 or groups; 08 (3) the immediate revocation of permits, licenses, and vendor 09 registrations authorized under this chapter if this chapter or regulations adopted under 10 it are violated; 11 (4) the requiring of detailed, sworn, financial reports of operations from 12 permittees and licensees including detailed statements of receipts and payments; 13 (5) the investigation of permittees, licensees, registered vendors, and 14 their employees, including the fingerprinting of those permittees, licensees, registered 15 vendors, and employees whom the department considers it advisable to fingerprint; 16 (6) the method and manner of conducting authorized activities and 17 awarding of prizes or awards, and the equipment that may be used; 18 (7) the number of activities that may be held, operated, or conducted 19 under a permit during a specified period; however, the department may not allow more 20 than 14 bingo sessions a month and 35 bingo games a session to be conducted under 21 a permit; the holders of a multiple-beneficiary permit under AS 05.15.100(d) may hold, 22 operate, or conduct the number of sessions and games a month equal to the number 23 allowed an individual permittee per month multiplied by the number of holders of the 24 multiple-beneficiary permit; 25 (8) a method of accounting for receipts and disbursements by operators, 26 including the keeping of records and requirements for the deposit of all receipts in a 27 bank; 28 (9) the disposition of funds in possession of a permittee, a person, 29 municipality, or qualified organization that possesses an operator's license, or a 30 registered vendor at the time a permit, a license, or a vendor registration is 31 surrendered, revoked, or invalidated;
01 (10) restrictions on the participation by employees of the Department 02 of Fish and Game in salmon classics; and in king salmon classics, and by employees 03 of Douglas Island Pink and Chum in king salmon classics; 04 (11) the requiring of reports of donations or contributions in excess 05 of $100 in the aggregate a year by permittees to a political 06 (A) candidate or the candidate's campaign organization; or 07 (B) group; 08 (12) the identification of all accounts that charitable gaming 09 proceeds are transferred into by permittees and providing for access by the 10 department to those accounts to ensure that proceeds are not diverted or 11 transferred to any purpose or use not permitted by this chapter; 12 (13) other matters the department considers necessary to carry out this 13 chapter or protect the best interest of the public. 14 * Sec. 2. AS 05.15.100 is amended by adding a new subsection to read: 15 (e) The department may issue a permit to a political organization for activities 16 conducted under AS 05.15.155. A permit issued under this subsection gives the 17 political organization the privilege of conducting raffles but no other forms of 18 charitable gaming. A political organization receiving a permit under this subsection 19 must satisfy all the requirements of this chapter relating to permittees. A political 20 organization may not hold or otherwise participate in a multiple-beneficiary permit. 21 * Sec. 3. AS 05.15.115 is amended by adding a new subsection to read: 22 (e) A political organization holding a permit to conduct raffles under 23 AS 05.15.100(e) may not enter into a contract with an operator to conduct, on behalf 24 of the political organization, the raffles permitted under the authority of the permit. 25 * Sec. 4. AS 05.15.124 is amended to read: 26 Sec. 05.15.124. MUNICIPAL REGULATION OF OPERATORS, [OR] 27 VENDORS, AND MULTIPLE-BENEFICIARY CHARITABLE GAMING. A 28 municipality may by ordinance prohibit activities under this chapter from being 29 conducted within the municipality 30 (1) by an operator or a vendor; or 31 (2) under a multiple-beneficiary permit [FROM CONDUCTING
01 ACTIVITIES UNDER THIS CHAPTER WITHIN THE MUNICIPALITY]. 02 * Sec. 5. AS 05.15.150 is amended to read: 03 Sec. 05.15.150. LIMITATION ON USE OF PROCEEDS. (a) The authority 04 to conduct the activity authorized by this chapter is contingent upon the dedication of 05 the net proceeds of the charitable gaming activity to the awarding of prizes to 06 contestants or participants and to [POLITICAL,] educational, civic, public, charitable, 07 patriotic, or religious uses in the state. "Educational [POLITICAL, EDUCATIONAL], 08 civic, public, charitable, patriotic, or religious uses" means uses benefiting persons 09 either by bringing them under the influence of education or religion or relieving them 10 from disease, suffering, or constraint, or by assisting them in establishing themselves 11 in life, or by providing for the promotion of the welfare and well-being of the 12 membership of the organization within their own community, [OR THROUGH 13 AIDING CANDIDATES FOR PUBLIC OFFICE OR GROUPS THAT SUPPORT 14 CANDIDATES FOR PUBLIC OFFICE,] or by erecting or maintaining public 15 buildings or works, or lessening the burden on government, but does not include 16 (1) the direct or indirect 17 (A) payment of any portion of the net proceeds of a bingo or 18 pull-tab game to a lobbyist registered under AS 24.45; 19 (B) contribution of any portion of the net proceeds of a 20 charitable gaming activity, other than raffles, to a candidate for a public 21 office of the state or a political subdivision of the state, to the candidate's 22 campaign organization, to a political party as defined under AS 15.60, or 23 to an organization or club organized under or formally affiliated with a 24 political party; or 25 (2) the erection, acquisition, improvement, maintenance, or repair of 26 real, personal, or mixed property unless it is used exclusively for one or more of the 27 permitted uses. 28 (b) The net proceeds derived from the activity must be devoted within one 29 year to one or more of the uses stated in (a) of this section. If the net proceeds are 30 derived from raffles, the proceeds must be devoted within one year to one or 31 more of the uses stated in (a) of this section or to political uses as provided in (c)
01 of this section. A municipality or qualified organization desiring to hold the net 02 proceeds for a period longer than one year must apply to the department for special 03 permission and upon good cause shown the department may grant the request. 04 * Sec. 6. AS 05.15.150 is amended by adding a new subsection to read: 05 (c) In addition to the uses specified in (a) of this section, a permittee may 06 dedicate the net proceeds of raffles to political uses within the state. In this 07 subsection, "political uses" means uses benefiting persons through aiding candidates 08 for public office or groups that support candidates for public office. 09 * Sec. 7. AS 05.15 is amended by adding a new section to read: 10 Sec. 05.15.155. POLITICAL ORGANIZATION RAFFLES. A political 11 organization that holds a permit under AS 05.15.100(e) may conduct raffles. The 12 authority to conduct the raffles under this section is contingent upon the dedication of 13 the net proceeds of the raffles to political, educational, civic, public, charitable, 14 patriotic, or religious uses in the state and to the awarding of prizes to contestants or 15 participants. "Educational, civic, public, charitable, patriotic, or religious uses" means 16 those uses described in AS 05.15.150(a). "Political uses" has the meaning given in 17 AS 05.15.150(c). The net proceeds derived from raffles under this subsection must be 18 devoted within one year to one or more of the uses described in this section. A 19 political organization desiring to hold the net proceeds for a period longer than one 20 year must apply to the department for special permission and upon good cause shown 21 the department may grant the request. 22 * Sec. 8. AS 05.15.180(f) is amended to read: 23 (f) A person under the age of 19 years may not play a bingo game. Before 24 a bingo session begins, the identity of each permittee that will benefit from that 25 session shall be announced to the public. 26 * Sec. 9. AS 05.15.187 is amended by adding a new subsection to read: 27 (j) Each pull-tab in a series, or each jar or other receptacle containing a series 28 of pull-tabs, must clearly identify to the public the permittee that will benefit from the 29 sales of that pull-tab series. 30 * Sec. 10. AS 05.15.690(34) is amended to read: 31 (34) "qualified organization" means a bona fide civic or service
01 organization or a bona fide religious, charitable, fraternal, veterans, labor, 02 [POLITICAL,] or educational organization, police or fire department and company, 03 dog mushers' association, outboard motor association, or fishing derby or nonprofit 04 trade association in the state, that operates without profits to its members and that has 05 been in existence continually for a period of three years immediately before applying 06 for a license; the organization may be a firm, corporation, company, association, or 07 partnership; 08 * Sec. 11. This Act takes effect January 1, 1996.