00 CS FOR HOUSE BILL NO. 307(FIN)                                                                                          
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 to candidates for certain public                                         
04 offices, their campaign organizations, or to political groups; providing that a                                         
05 political group is not a qualified organization for purposes of charitable gaming;                                      
06 and providing for an effective date."                                                                                   
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 05.15.060(a) is amended to read:                                                                    
09  (a)  The department shall adopt regulations under AS 44.62 (Administrative                                            
10 Procedure Act) necessary to carry out this chapter covering, but not limited to,                                        
11   (1)  the issuance, renewal, and revocation of permits, licenses, and                                                 
12 vendor registrations;                                                                                                   
13   (2)  a method of ascertaining net proceeds, the determination of items                                               
14 of expense that may be incurred or paid, and the limitation of the amount of the items                                  
01 of expense to prevent the proceeds from the activity permitted from being diverted to                                   
02 noncharitable, noneducational, nonreligious, or profit-making organizations, individuals,                               
03 or groups;                                                                                                              
04   (3)  the immediate revocation of permits, licenses, and vendor                                                       
05 registrations authorized under this chapter if this chapter or regulations adopted under                                
06 it are violated;                                                                                                        
07   (4)  the requiring of detailed, sworn, financial reports of operations from                                          
08 permittees and licensees including detailed statements of receipts and payments;                                        
09   (5)  the investigation of permittees, licensees, registered vendors, and                                             
10 their employees, including the fingerprinting of those permittees, licensees, registered                                
11 vendors, and employees whom the department considers it advisable to fingerprint;                                       
12   (6)  the method and manner of conducting authorized activities and                                                   
13 awarding of prizes or awards, and the equipment that may be used;                                                       
14   (7)  the number of activities that may be held, operated, or conducted                                               
15 under a permit during a specified period; however, the department may not allow more                                    
16 than 14 bingo sessions a month and 35 bingo games a session to be conducted under                                       
17 a permit; the holders of a multiple-beneficiary permit under AS 05.15.100(d) may hold,                                  
18 operate, or conduct the number of sessions and games a month equal to the number                                        
19 allowed an individual permittee per month multiplied by the number of holders of the                                    
20 multiple-beneficiary permit;                                                                                            
21   (8)  a method of accounting for receipts and disbursements by operators,                                             
22 including the keeping of records and requirements for the deposit of all receipts in a                                  
23 bank;                                                                                                                   
24   (9)  the disposition of funds in possession of a permittee, a person,                                                
25 municipality, or qualified organization that possesses an operator's license, or a                                      
26 registered vendor at the time a permit, a license, or a vendor registration is                                          
27 surrendered, revoked, or invalidated;                                                                                   
28   (10)  restrictions on the participation by employees of the Department                                               
29 of Fish and Game in salmon classics; and in king salmon classics, and by employees                                      
30 of Douglas Island Pink and Chum in king salmon classics;                                                                
31   (11)  the identification of all accounts that charitable gaming                                                     
01 proceeds are transferred into by permittees and providing for access by the                                             
02 department to those accounts to ensure that proceeds are not diverted or                                                
03 transferred to any purpose or use not permitted by this chapter;                                                      
04   (12)  other matters the department considers necessary to carry out this                                            
05 chapter or protect the best interest of the public.                                                                     
06    * Sec. 2.  AS 05.15.150(a) is amended to read:                                                                       
07  (a)  The authority to conduct the activity authorized by this chapter is                                              
08 contingent upon the dedication of the net proceeds of the charitable gaming activity                                    
09 to the awarding of prizes to contestants or participants and to [POLITICAL,]                                            
10 educational, civic, public, charitable, patriotic, or religious uses in the state.                                      
11 "Educational [POLITICAL, EDUCATIONAL], civic, public, charitable, patriotic, or                                       
12 religious uses" means uses benefiting persons either by bringing them under the                                         
13 influence of education or religion or relieving them from disease, suffering, or                                        
14 constraint, or by assisting them in establishing themselves in life, or by providing for                                
15 the promotion of the welfare and well-being of the membership of the organization                                       
16 within their own community, [OR THROUGH AIDING CANDIDATES FOR PUBLIC                                                    
17 OFFICE OR GROUPS THAT SUPPORT CANDIDATES FOR PUBLIC OFFICE,] or                                                         
18 by erecting or maintaining public buildings or works, or lessening the burden on                                        
19 government, but does not include                                                                                        
20   (1)  the direct or indirect                                                                                          
21   (A)  payment of any portion of the net proceeds of a bingo or                                                     
22 pull-tab game to a lobbyist registered under AS 24.45;                                                                  
23   (B)  contribution of any portion of the net proceeds of a                                                          
24 charitable gaming activity to                                                                                           
25   (i)  a candidate for a public office of the state or a                                                             
26 political subdivision of the state or to the candidate's campaign                                                       
27 organization;                                                                                                           
28   (ii) a  political party as defined under AS 15.60;                                                                 
29   (iii)  an organization or club organized under or                                                                  
30 formally affiliated with a political party;                                                                             
31   (iv)  a political group as defined under AS 15.60; or                                                              
01   (v)  a group as defined under AS 15.13.130, including                                                              
02 a group that seeks to influence the opinions of voters concerning the                                                   
03 election of a candidate for public office, a constitutional                                                             
04 amendment, an initiative, or another ballot measure; or                                                                
05   (2)  the erection, acquisition, improvement, maintenance, or repair of                                               
06 real, personal, or mixed property unless it is used exclusively for one or more of the                                  
07 permitted uses.                                                                                                         
08    * Sec. 3.  AS 05.15.690(36) is amended to read:                                                                      
09   (36)  "qualified organization" means a bona fide civic or service                                                    
10 organization or a bona fide religious, charitable, fraternal, veterans, labor,                                          
11 [POLITICAL,] or educational organization, police or fire department and company,                                        
12 dog mushers' association, outboard motor association, or fishing derby or nonprofit                                     
13 trade association in the state, that operates without profits to its members and that has                               
14 been in existence continually for a period of three years immediately before applying                                   
15 for a license; the organization may be a firm, corporation, company, association, or                                    
16 partnership;                                                                                                            
17    * Sec. 4.  AS 05.15.690(34) is repealed.                                                                             
18    * Sec. 5.  This Act takes effect January 1, 1997.