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HB 294: "An Act relating to herring spawn classics."

00                             HOUSE BILL NO. 294                                                                          
01 "An Act relating to herring spawn classics."                                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 05.15.060(a) is amended to read:                                                                   
04            (a)  The department shall adopt regulations under AS 44.62 (Administrative                                   
05       Procedure Act) necessary to carry out this chapter covering, but not limited to,                                  
06                 (1)  the issuance, renewal, and revocation of permits, licenses, and                                    
07       vendor registrations;                                                                                             
08                 (2)  a method of ascertaining net proceeds, the determination of items                                  
09       of expense that may be incurred or paid, and the limitation of the amount of the items                            
10       of expense to prevent the proceeds from the activity permitted from being diverted to                             
11       noncharitable, noneducational, nonreligious, or profit-making organizations,                                      
12       individuals, or groups;                                                                                           
13                 (3)  the immediate revocation of permits, licenses, and vendor                                          
14       registrations authorized under this chapter if this chapter or regulations adopted under                          
15       it are violated;                                                                                                  
01                 (4)  the requiring of detailed, sworn, financial reports of operations                                  
02       from permittees and licensees including detailed statements of receipts and payments;                             
03                 (5)  the investigation of permittees, licensees, registered vendors, and                                
04       their employees, including the fingerprinting of those permittees, licensees, registered                          
05       vendors, and employees whom the department considers it advisable to fingerprint;                                 
06                 (6)  the method and manner of conducting authorized activities and                                      
07       awarding of prizes or awards, and the equipment that may be used;                                                 
08                 (7)  the number of activities that may be held, operated, or conducted                                  
09       under a permit during a specified period; however, the department may not allow more                              
10       than 14 bingo sessions a month and 35 bingo games a session to be conducted under a                               
11       permit; the holders of a multiple-beneficiary permit under AS 05.15.100(d) may hold,                              
12       operate, or conduct the number of sessions and games a month equal to the number                                  
13       allowed an individual permittee for each [PER] month multiplied by the number of                              
14       holders of the multiple-beneficiary permit;                                                                       
15                 (8)  a method of accounting for receipts and disbursements by                                           
16       operators, including the keeping of records and requirements for the deposit of all                               
17       receipts in a bank;                                                                                               
18                 (9)  the disposition of funds in possession of a permittee, a person,                                   
19       municipality, or qualified organization that possesses an operator's license, or a                                
20       registered vendor at the time a permit, a license, or a vendor registration is                                    
21       surrendered, revoked, or invalidated;                                                                             
22                 (10)  restrictions on the participation by employees of the Department                                  
23       of Fish and Game in salmon classics, king salmon classics, herring spawn classics,                            
24       and big bull moose derbies, and by employees of Douglas Island Pink and Chum in                                   
25       king salmon classics;                                                                                             
26                 (11)  other matters the department considers necessary to carry out this                                
27       chapter or protect the best interest of the public.                                                               
28    * Sec. 2. AS 05.15.100(a) is amended to read:                                                                      
29            (a)  The department may issue a permit to a municipality or qualified                                        
30       organization. The permit gives the municipality or qualified organization the privilege                           
31       of conducting bingo, raffles and lotteries, pull-tab games, ice classics, race classics,                          
01       rain classics, goose classics, mercury classics, deep freeze classics, canned salmon                              
02       classics, salmon classics, king salmon classics, dog mushers' contests, snow classics,                            
03       snow machine classics, fish derbies, animal classics, crane classics, cabbage classics,                           
04       Calcutta pools, big bull moose derbies, herring spawn classics, and contests of skill.                        
05    * Sec. 3. AS 05.15.115(c) is amended to read:                                                                      
06            (c)  A permittee may not contract with more than one operator at a time to                                   
07       conduct the same type of activity. For the purposes of this subsection, bingo games,                              
08       raffles, lotteries, pull-tab games, ice classics, race classics, rain classics, goose                             
09       classics, mercury classics, deep freeze classics, canned salmon classics, salmon                                  
10       classics, king salmon classics, dog mushers' contests, snow classics, snow machine                                
11       classics, fish derbies, animal classics, crane classics, cabbage classics, big bull moose                         
12       derbies, herring spawn classics, and contests of skill are each a different type of                           
13       activity.                                                                                                         
14    * Sec. 4. AS 05.15.150 is amended by adding a new subsection to read:                                              
15            (c)  Notwithstanding (a) of this section, a permittee operating a herring spawn                              
16       classic may only use the net proceeds of the herring spawn classic to award prizes to                             
17       contestants or participants, for social services, and for educational purposes, including                         
18       scholarships.                                                                                                     
19    * Sec. 5. AS 05.15.180(b) is amended to read:                                                                      
20            (b)  With the exception of raffles, lotteries, bingo games, pull-tab games, race                             
21       classics, rain classics, goose classics, mercury classics, deep freeze classics, dog                              
22       mushers' contests, snow classics, snow machine classics, canned salmon classics,                                  
23       salmon classics, animal classics, crane classics, cabbage classics, Calcutta pools, big                           
24       bull moose derbies, herring spawn classics, and king salmon classics, a permit may                            
25       not be issued for an activity under this chapter unless it existed in the state in                                
26       substantially the same form and was conducted in substantially the same manner                                    
27       before January 1, 1959. A permit may not be issued for a snow machine classic under                               
28       this chapter unless it has been in existence for at least five years before the permit is                         
29       issued. A permit may not be issued for an animal classic under this chapter unless it                             
30       was in existence before November 1, 2002.                                                                         
31    * Sec. 6. AS 05.15.690 is amended by adding a new paragraph to read:                                               
01                 (50)  "herring spawn classic" means a game of chance in which prizes                                    
02       are awarded for the closest guess of the postseason preliminary estimate of nautical                              
03       miles of shoreline receiving spawn of pacific herring, as determined by the                                       
04       Department of Fish and Game from aerial surveys between March and May, and is                                     
05       limited to the herring spawn classic operated and administered by the Sitka Tribe of                              
06       Alaska.