CSHB 307(JUD): "An Act relating to accounting for charitable gaming proceeds; providing that a political use is not an authorized use of charitable gaming proceeds; 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; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles; relating to raffles; and providing for an effective date."
00CS FOR HOUSE BILL NO. 307(JUD) 01 "An Act relating to accounting for charitable gaming proceeds; providing that a 02 political use is not an authorized use of charitable gaming proceeds; prohibiting 03 the contribution of charitable gaming proceeds, other than proceeds from raffles 04 to candidates for certain public offices, their campaign organizations, or to 05 political groups; providing that a political group is not a qualified organization 06 for purposes of charitable gaming, other than raffles; relating to raffles; and 07 providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 05.15.060(a) is amended to read: 10 (a) The department shall adopt regulations under AS 44.62 (Administrative 11 Procedure Act) necessary to carry out this chapter covering, but not limited to, 12 (1) the issuance, renewal, and revocation of permits, licenses, and 13 vendor registrations; 14 (2) a method of ascertaining net proceeds, the determination of items
01 of expense that may be incurred or paid, and the limitation of the amount of the items 02 of expense to prevent the proceeds from the activity permitted from being diverted to 03 noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, 04 or groups; 05 (3) the immediate revocation of permits, licenses, and vendor 06 registrations authorized under this chapter if this chapter or regulations adopted under 07 it are violated; 08 (4) the requiring of detailed, sworn, financial reports of operations from 09 permittees and licensees including detailed statements of receipts and payments; 10 (5) the investigation of permittees, licensees, registered vendors, and 11 their employees, including the fingerprinting of those permittees, licensees, registered 12 vendors, and employees whom the department considers it advisable to fingerprint; 13 (6) the method and manner of conducting authorized activities and 14 awarding of prizes or awards, and the equipment that may be used; 15 (7) the number of activities that may be held, operated, or conducted 16 under a permit during a specified period; however, the department may not allow more 17 than 14 bingo sessions a month and 35 bingo games a session to be conducted under 18 a permit; the holders of a multiple-beneficiary permit under AS 05.15.100(d) may hold, 19 operate, or conduct the number of sessions and games a month equal to the number 20 allowed an individual permittee per month multiplied by the number of holders of the 21 multiple-beneficiary permit; 22 (8) a method of accounting for receipts and disbursements by operators, 23 including the keeping of records and requirements for the deposit of all receipts in a 24 bank; 25 (9) the disposition of funds in possession of a permittee, a person, 26 municipality, or qualified organization that possesses an operator's license, or a 27 registered vendor at the time a permit, a license, or a vendor registration is 28 surrendered, revoked, or invalidated; 29 (10) restrictions on the participation by employees of the Department 30 of Fish and Game in salmon classics; and in king salmon classics, and by employees 31 of Douglas Island Pink and Chum in king salmon classics;
01 (11) the identification of all accounts that charitable gaming 02 proceeds are transferred into by permittees and providing for access by the 03 department to those accounts to ensure that proceeds are not diverted or 04 transferred to any purpose or use not permitted by this chapter; 05 (12) other matters the department considers necessary to carry out this 06 chapter or protect the best interest of the public. 07 * Sec. 2. AS 05.15.100 is amended by adding a new subsection to read: 08 (e) The department may issue a permit to a political organization for activities 09 conducted under AS 05.15.155. A permit issued under this subsection gives the 10 political organization the privilege of conducting raffles but no other forms of 11 charitable gaming. A political organization receiving a permit under this subsection 12 must satisfy all the requirements of this chapter relating to permittees. A political 13 organization may not hold or otherwise participate in a multiple-beneficiary permit. 14 * Sec. 3. AS 05.15.115 is amended by adding a new subsection to read: 15 (e) A political organization holding a permit to conduct raffles under 16 AS 05.15.100(e) may not enter into a contract with an operator to conduct, on behalf 17 of the political organization, the raffles permitted under the authority of the permit. 18 * Sec. 4. AS 05.15.150 is amended to read: 19 Sec. 05.15.150. LIMITATION ON USE OF PROCEEDS. (a) The authority 20 to conduct the activity authorized by this chapter is contingent upon the dedication of 21 the net proceeds of the charitable gaming activity to the awarding of prizes to 22 contestants or participants and to [POLITICAL,] educational, civic, public, charitable, 23 patriotic, or religious uses in the state. "Educational [POLITICAL, EDUCATIONAL], 24 civic, public, charitable, patriotic, or religious uses" means uses benefiting persons 25 either by bringing them under the influence of education or religion or relieving them 26 from disease, suffering, or constraint, or by assisting them in establishing themselves 27 in life, or by providing for the promotion of the welfare and well-being of the 28 membership of the organization within their own community, [OR THROUGH 29 AIDING CANDIDATES FOR PUBLIC OFFICE OR GROUPS THAT SUPPORT 30 CANDIDATES FOR PUBLIC OFFICE,] or by erecting or maintaining public 31 buildings or works, or lessening the burden on government, but does not include
01 (1) the direct or indirect 02 (A) payment of any portion of the net proceeds of a bingo or 03 pull-tab game to a lobbyist registered under AS 24.45; 04 (B) contribution of any portion of the net proceeds of a 05 charitable gaming activity to 06 (i) a candidate for a public office of the state or a 07 political subdivision of the state or to the candidate's campaign 08 organization; 09 (ii) a political party as defined under AS 15.60; 10 (iii) an organization or club organized under or 11 formally affiliated with a political party; 12 (iv) a political group as defined under AS 15.60; or 13 (v) a group as defined under AS 15.13.130, including 14 a group that seeks to influence the opinions of voters concerning the 15 election of a candidate for public office, a constitutional 16 amendment, an initiative, or another ballot measure; or 17 (2) the erection, acquisition, improvement, maintenance, or repair of 18 real, personal, or mixed property unless it is used exclusively for one or more of the 19 permitted uses. 20 (b) The net proceeds derived from the activity must be devoted within one 21 year to one or more of the uses stated in (a) of this section. If the net proceeds are 22 derived from raffles, the proceeds must be devoted within one year to one or 23 more of the uses stated in (a) of this section or to political uses as provided in (c) 24 of this section. A municipality or qualified organization desiring to hold the net 25 proceeds for a period longer than one year must apply to the department for special 26 permission and upon good cause shown the department may grant the request. 27 * Sec. 5. AS 05.15.150 is amended by adding a new subsection to read: 28 (c) In addition to the uses specified in (a) of this section, a permittee may 29 dedicate the net proceeds of raffles to political uses within the state. In this 30 subsection, "political uses" means uses benefiting persons through aiding candidates 31 for public office or groups that support candidates for public office.
01 * Sec. 6. AS 05.15 is amended by adding a new section to read: 02 Sec. 05.15.155. POLITICAL ORGANIZATION RAFFLES. A political 03 organization that holds a permit under AS 05.15.100(e) may conduct raffles. 04 Notwithstanding AS 05.15.150, the authority to conduct the raffles under this section 05 is contingent upon the dedication of the net proceeds of the raffles to political, 06 educational, civic, public, charitable, patriotic, or religious uses in the state and to the 07 awarding of prizes to contestants or participants. "Educational, civic, public, charitable, 08 patriotic, or religious uses" means those uses described in AS 05.15.150(a). "Political 09 uses" has the meaning given in AS 05.15.150(c). The net proceeds derived from 10 raffles under this subsection must be devoted within one year to one or more of the 11 uses described in this section. A political organization desiring to hold the net proceeds 12 for a period longer than one year must apply to the department for special permission 13 and upon good cause shown the department may grant the request. 14 * Sec. 7. AS 05.15.690(32) is amended to read: 15 (32) "political organization" means an organization or club organized 16 under or formally affiliated with a political party as defined in AS 15.60.010, that 17 operates without profits to its members, and that has been in existence for a 18 period of three years immediately before applying for a license; the organization 19 may be a firm, corporation, company, association, or partnership; 20 * Sec. 8. AS 05.15.690(34) is amended to read: 21 (34) "qualified organization" means a bona fide civic or service 22 organization or a bona fide religious, charitable, fraternal, veterans, labor, 23 [POLITICAL,] or educational organization, police or fire department and company, 24 dog mushers' association, outboard motor association, or fishing derby or nonprofit 25 trade association in the state, that operates without profits to its members and that has 26 been in existence continually for a period of three years immediately before applying 27 for a license; the organization may be a firm, corporation, company, association, or 28 partnership; 29 * Sec. 9. This Act takes effect January 1, 1996.