Bill Text: HI SB2693 | 2024 | Regular Session | Introduced
Bill Title: Relating To States Of Emergency.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Enrolled) 2024-05-03 - Received notice of passage on Final Reading in House (Hse. Com. No. 830). [SB2693 Detail]
Download: Hawaii-2024-SB2693-Introduced.html
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THE SENATE |
S.B. NO. |
2693 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO states of emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§127A- Charitable fraud during a state of emergency. (a) A person commits the offense of charitable fraud during a state of emergency if, during a state of emergency declared by the governor under section 127A-14(a), the person performs any of the following actions in connection with a solicitation or acceptance of a contribution to assist a disaster victim:
(1) The person uses any deceptive act or
practice, false pretense, false promise, or misrepresentation, with the intent
that others rely thereon, in connection with the solicitation of a
contribution;
(2) The person misrepresents, misleads,
or omits information concerning the intended uses of contributions; or
(3) The person uses contributions in a
manner other than the specific purposes represented by the solicitor at the
time the contribution was solicited. A
person who:
(A) Solicits or accepts contributions;
(B) Claims or implies that the contributions
solicited or accepted will be used to provide direct aid for disaster victims;
and
(C) Does not use the contributions to
provide aid directly to the disaster victims described in subparagraph (B),
shall
be deemed to have committed the offense of charitable fraud during a state of
emergency.
(b) Charitable fraud during a state of emergency
is a:
(1) Class B felony if the value of contributions
obtained or attempted to be obtained is $20,000 or more;
(2) Class C felony if the value of contributions
obtained or attempted to be obtained is more than $750 and less than $20,000;
or
(3) Misdemeanor if the value of contributions obtained or attempted to be obtained is $750 or less.
(c) For purposes of this section:
"Contribution"
includes money, credit or debit card transactions, online payments, payments
made through a third party, goods, services, or anything else of value, whether
tangible or intangible.
"Disaster victim" means any person adversely affected by the disaster or emergency that caused the governor to declare a state of emergency."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act, upon its approval, shall take effect retroactive to July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Emergency Management; States of Emergency; Charitable Fraud; Prohibited
Description:
Establishes the offense of charitable fraud during a state of emergency. Provides that a person commits charitable fraud during a state of emergency if that person, during a state of emergency proclaimed by the Governor, performs certain deceptive acts or practices in connection with the solicitation of a contribution to assist persons affected by a disaster or emergency.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
