SCS CSHB 44(STA): "An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 44(STA) 01 "An Act relating to reporting by permittees, licensees, and vendors; relating to 02 municipal regulation of charitable gaming; providing that a political group is not 03 a qualified organization for purposes of charitable gaming, other than raffles, and 04 relating to those raffles; relating to identification to the public of each permittee 05 that will benefit from the sale of each pull-tab series and each bingo session; 06 providing that the proceeds from charitable gaming, other than certain raffles 07 conducted by a political organization, may not be contributed to a political party 08 or other political group; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 05.15.060(a) is amended to read: 11 (a) The department shall adopt regulations under AS 44.62 (Administrative 12 Procedure Act) necessary to carry out this chapter covering, but not limited to, 13 (1) the issuance, renewal, and revocation of permits, licenses, and 14 vendor registrations;
01 (2) a method of ascertaining net proceeds, the determination of items 02 of expense that may be incurred or paid, and the limitation of the amount of the items 03 of expense to prevent the proceeds from the activity permitted from being diverted to 04 noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, 05 or groups; 06 (3) the immediate revocation of permits, licenses, and vendor 07 registrations authorized under this chapter if this chapter or regulations adopted under 08 it are violated; 09 (4) the requiring of detailed, sworn, financial reports of operations from 10 permittees and licensees including detailed statements of receipts and payments; 11 (5) the investigation of permittees, licensees, registered vendors, and 12 their employees, including the fingerprinting of those permittees, licensees, registered 13 vendors, and employees whom the department considers it advisable to fingerprint; 14 (6) the method and manner of conducting authorized activities and 15 awarding of prizes or awards, and the equipment that may be used; 16 (7) the number of activities that may be held, operated, or conducted 17 under a permit during a specified period; however, the department may not allow more 18 than 14 bingo sessions a month and 35 bingo games a session to be conducted under 19 a permit; the holders of a multiple-beneficiary permit under AS 05.15.100(d) may hold, 20 operate, or conduct the number of sessions and games a month equal to the number 21 allowed an individual permittee per month multiplied by the number of holders of the 22 multiple-beneficiary permit; 23 (8) a method of accounting for receipts and disbursements by operators, 24 including the keeping of records and requirements for the deposit of all receipts in a 25 bank; 26 (9) the disposition of funds in possession of a permittee, a person, 27 municipality, or qualified organization that possesses an operator's license, or a 28 registered vendor at the time a permit, a license, or a vendor registration is 29 surrendered, revoked, or invalidated; 30 (10) restrictions on the participation by employees of the Department 31 of Fish and Game in salmon classics; and in king salmon classics, and by employees
01 of Douglas Island Pink and Chum in king salmon classics; 02 (11) the requiring of reports of donations or contributions in excess 03 of $100 in the aggregate a year by permittees, licensees, and vendors to a political 04 candidate; reports must include all donations or contributions made from the last 05 date covered by any previous report to three days before the due date of the 06 report and shall be made at the following times: (A) 30 days before an election 07 involving the candidate; (B) one week before an election involving the candidate; 08 (C) 10 days after an election involving the candidate; and (D) February 15 for 09 donations and contributions made that were not reported during the previous 10 year; the department shall, for a period of time set by the department, suspend 11 or revoke the permit, license, or vendor registration of a permittee, licensee, or 12 vendor that fails to report at the times and in the manner provided in this 13 paragraph; 14 (12) the identification of all accounts that charitable gaming 15 proceeds are transferred into by permittees and providing for access by the 16 department to those accounts to ensure that proceeds are not diverted or 17 transferred to any purpose or use not permitted by this chapter; 18 (13) a requirement that a permittee, licensee, or vendor that 19 donates or contributes the proceeds of charitable gaming to a candidate must 20 inform the candidate that the donation or contribution is a proceed of charitable 21 gaming; 22 (14) other matters the department considers necessary to carry out this 23 chapter or protect the best interest of the public. 24 * Sec. 2. AS 05.15.100 is amended by adding a new subsection to read: 25 (e) The department may issue a permit to a political organization for activities 26 conducted under AS 05.15.155. A permit issued under this subsection gives the 27 political organization the privilege of conducting raffles but no other forms of 28 charitable gaming. A political organization receiving a permit under this subsection 29 must satisfy all the requirements of this chapter relating to permittees. A political 30 organization may not hold or otherwise participate in a multiple-beneficiary permit. 31 * Sec. 3. AS 05.15.115 is amended by adding a new subsection to read:
01 (e) A political organization holding a permit to conduct raffles under 02 AS 05.15.100(e) may not enter into a contract with an operator to conduct, on behalf 03 of the political organization, the raffles permitted under the authority of the permit. 04 * Sec. 4. AS 05.15.124 is amended to read: 05 Sec. 05.15.124. MUNICIPAL REGULATION OF OPERATORS, [OR] 06 VENDORS, AND MULTIPLE-BENEFICIARY CHARITABLE GAMING. A 07 municipality may by ordinance prohibit activities under this chapter from being 08 conducted within the municipality 09 (1) by an operator or a vendor; or 10 (2) under a multiple-beneficiary permit [FROM CONDUCTING 11 ACTIVITIES UNDER THIS CHAPTER WITHIN THE MUNICIPALITY]. 12 * Sec. 5. AS 05.15.124 is amended by adding a new subsection to read: 13 (b) A municipality may not prohibit activities from being conducted 14 (1) under a multiple-beneficiary permit unless it also prohibits activities 15 from being conducted by an operator; 16 (2) by an operator unless it also prohibits activities from being 17 conducted under a multiple-beneficiary permit. 18 * Sec. 6. AS 05.15.150(a) is amended to read: 19 (a) The authority to conduct the activity authorized by this chapter is 20 contingent upon the dedication of the net proceeds of the charitable gaming activity 21 to the awarding of prizes to contestants or participants and to political, educational, 22 civic, public, charitable, patriotic, or religious uses in the state. "Political, educational, 23 civic, public, charitable, patriotic, or religious uses" means uses benefiting persons 24 either by bringing them under the influence of education or religion or relieving them 25 from disease, suffering, or constraint, or by assisting them in establishing themselves 26 in life, or by providing for the promotion of the welfare and well-being of the 27 membership of the organization within their own community, or through aiding 28 candidates for public office [OR GROUPS THAT SUPPORT CANDIDATES FOR 29 PUBLIC OFFICE,] or by erecting or maintaining public buildings or works, or 30 lessening the burden on government, but does not include 31 (1) the direct or indirect
01 (A) payment of any portion of the net proceeds of a bingo or 02 pull-tab game to a lobbyist registered under AS 24.45; 03 (B) contribution of any portion of the net proceeds of a 04 charitable gaming activity to 05 (i) a political party as defined under AS 15.60; 06 (ii) an organization or club organized under or 07 formally affiliated with a political party; 08 (iii) a political group as defined under AS 15.60; or 09 (iv) a group as defined under AS 15.13.130, including 10 a group that seeks to influence the opinions of voters concerning the 11 election of a candidate for public office, a constitutional 12 amendment, an initiative, or another ballot measure; or 13 (2) the erection, acquisition, improvement, maintenance, or repair of 14 real, personal, or mixed property unless it is used exclusively for one or more of the 15 permitted uses. 16 * Sec. 7. AS 05.15 is amended by adding a new section to read: 17 Sec. 05.15.155. POLITICAL ORGANIZATION RAFFLES. A political 18 organization that holds a permit under AS 05.15.100(e) may conduct raffles. The 19 authority to conduct the raffles under this section is contingent upon the dedication of 20 the net proceeds of the raffles to a political party as defined under AS 15.60, to a 21 political group as defined under AS 15.60, to a group as defined under AS 15.13.130, 22 to an organization or club organized under or formally affiliated with a political party, 23 to political, educational, civic, public, charitable, patriotic, or religious uses in the state, 24 and to the awarding of prizes to contestants or participants. "Political, educational, 25 civic, public, charitable, patriotic, or religious uses" means those uses described in 26 AS 05.15.150(a). The net proceeds derived from raffles under this subsection must be 27 devoted within one year to one or more of the uses described in this section. A 28 political organization desiring to hold the net proceeds for a period longer than one 29 year must apply to the department for special permission and upon good cause shown 30 the department may grant the request. 31 * Sec. 8. AS 05.15.180(f) is amended to read:
01 (f) A person under the age of 19 years may not play a bingo game. Before 02 a bingo session begins, the identity of each permittee that will benefit from that 03 session shall be announced to the public. 04 * Sec. 9. AS 05.15.187 is amended by adding a new subsection to read: 05 (j) Prior to the sale of any pull-tab games, operators, vendors and permittees 06 shall clearly identify to the public the permittee that will benefit from the sale of that 07 pull-tab series. Such notice shall be posted so that it is clearly visibly in a location in 08 close proximity to where the sale of pull-tabs occurs. 09 * Sec. 10. AS 05.15.690(34) is amended to read: 10 (34) "qualified organization" means a bona fide civic or service 11 organization or a bona fide religious, charitable, fraternal, veterans, labor, 12 [POLITICAL,] or educational organization, police or fire department and company, 13 dog mushers' association, outboard motor association, or fishing derby or nonprofit 14 trade association in the state, that operates without profits to its members and that has 15 been in existence continually for a period of three years immediately before applying 16 for a license; the organization may be a firm, corporation, company, association, or 17 partnership; 18 * Sec. 11. This Act takes effect January 1, 1996.