CONFERENCE COMMITTEE REP. NO. 76-24

 

Honolulu, Hawaii

                  , 2024

 

RE:     S.B. No. 2983

        S.D. 2

        H.D. 2

        C.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2983, S.D. 2, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO SOLICITATION OF FUNDS FROM THE PUBLIC,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  Beginning January 1, 2026, authorize the Department of the Attorney General to regulate charitable fundraising platforms and platform charities;

 

     (2)  Include provisions relating to the misuse of funds; and

 

     (3)  Impose vicarious liability upon a platform charity for a charitable fundraising platform's misuse of funds, and vice versa.

 

     Your Committee on Conference finds that the State needs to improve and expand enforcement of charitable fundraising activities, including regulating charitable fundraising on internet platforms.  This measure will ensure the prevention of fraudulent and predatory charitable fundraising behavior.

 

Your Committee on Conference has amended this measure by:

 

     (1)  Inserting language that requires charitable fundraising platforms and platform charities to be subject to filing an annual report and annual renewal fees;

 

     (2)  Deleting language that would have exempted a charitable fundraising platform or platform charity from certain restrictions on distributing funds if certain agencies do not publish an electronic list of recipient charitable organizations or other charitable organizations in good standing;

 

     (3)  Inserting an effective date of January 1, 2026; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2983, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2983, S.D. 2, H.D. 2, C.D. 1.


 

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

DAVID A. TARNAS

Co-Chair

 

____________________________

GLENN WAKAI

Chair

____________________________

SCOTT Y. NISHIMOTO

Co-Chair

 

____________________________

JARRETT KEOHOKALOLE

Co-Chair

 

 

____________________________

KARL RHOADS

Co-Chair