HOUSE OF REPRESENTATIVES

H.B. NO.

103

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to charitable organizations.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 467B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§467B-     Charity auctions and raffles.  (a)  A charitable organization may conduct an auction or raffle to benefit the charitable organization or charitable purpose; provided that:

     (1)  The organization notifies the department of the date, time, and location of the auction or the initial starting date of raffle ticket sales, as the case may be, not less than ten days in advance;

     (2)  The organization shall conduct not more than one auction in any county of the State during one calendar year;

     (3)  Sales of raffle tickets shall be conducted for a specific duration that shall be no longer than thirty days; and

     (4)  No vehicle to be auctioned shall be purchased by the organization; provided that a vehicle to be auctioned may be donated to the organization for the purposes of the auction; and provided further that no more than ten vehicles shall be sold in any single auction.

     (b)  The department may adopt rules pursuant to chapter 91 to implement this section."

     SECTION 2.  Section 712-1220, Hawaii Revised Statutes, is amended by amending the definition of "gambling" to read as follows:

     ""Gambling".  A person engages in gambling if [he] the person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under [his] the person's control or influence, upon an agreement or understanding that [he] the person or someone else will receive something of value in the event of a certain outcome.  Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health, or accident insurance[.], or any raffle conducted by a charitable organization pursuant to section 467B-   ."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Charitable Organizations; Auctions; Raffles; AG

 

Description:

Authorizes charitable organizations to conduct auctions and raffles subject to certain conditions.  Requires advance notice to the Attorney General.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.