CSHB 307(FIN): "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 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; and providing for an effective date."
00CS 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.