STAND. COM. REP. NO. 2757

Honolulu, Hawaii

RE: S.B. No. 2197

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2197 entitled:

"A BILL FOR AN ACT RELATING TO GAMBLING OFFENSES,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the definition of "advance gambling activity".

Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, and one individual.

Your Committee finds that illegal game rooms have become such a prolific and lucrative enterprise over the years, that the Honolulu Police Department has indicated that on any given day on Oahu, there are at least one hundred game rooms active. However, under existing law, an illegal game room proprietor who makes some effort to prevent its occurrence or continuation, no matter how insignificant or ineffective, could fall outside the definition of "advance gambling activity" and possibly avoid prosecution for promoting gambling in the first and second degree. This measure will close a loophole in the gambling laws and assist in prosecuting illegal gambling activity in the State.

Your Committee has amended this measure by clarifying that a person advances gambling activity if the person, having substantial proprietary control or other authoritative control over premises being used with the person's knowledge for purposes of gambling activity, permits that activity to occur or continue.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2197, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2197, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair