STAND. COM. REP. NO. 3189
Honolulu, Hawaii
RE: H.B. No. 2458
Honorable Shan S. Tsutsui
President of the Senate
Twenty-Sixth State Legislature
Regular Session of 2012
State of Hawaii
Sir:
Your Committee on Judiciary and Labor, to which was referred H.B. No. 2458 entitled:
"A BILL FOR AN ACT RELATING TO CONVERSIONS BY NONPROFIT CORPORATIONS,"
begs leave to report as follows:
The purpose and intent of this measure is to repeal certain laws under chapter 414D, Hawaii Revised Statutes, the Hawaii Nonprofit Corporations Act, that authorize nonprofit corporations to convert to other legal entities.
Your Committee received testimony in support of this measure from the Department of the Attorney General.
Your Committee finds that certain laws under the Hawaii Nonprofit Corporations Act do not conform to the Revised Model Nonprofit Corporations Act, which Hawaii's law is based on, and allows the assets of a charitable corporation to be converted and used for non-charitable purposes. These provisions are an invitation to abuse.
Your Committee finds that assets held for charity, whether trust, or corporate form, should be in a "lock box." The charity may dissolve and distribute its assets to other charities, use the assets for purposes of charitable or program services, or sell its assets and use the proceeds to support its charitable purposes. However, allowing charities to convert to a for-profit corporation is antithetical to the concept that charitable assets should be perpetually devoted to charitable uses. Accordingly, this measure ensures that charitable assets will continue to be used for charitable purposes.
As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2458, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,
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____________________________ CLAYTON HEE, Chair |
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