SB3281

SECTION 1. The legislature finds that illegal electronic gambling devices commonly known as "fish games," "fish tables," or "fishing games," along with sweepstakes gambling machines and similar devices, have proliferated across communities in the State. These devices operate outside any lawful gambling framework and generate significant concerns about public safety, consumer protection, and organized crime.

The legislature also finds that these devices are frequently misrepresented as games of skill or amusement but actually function as gambling devices. The devices award items of value based on chance, or a combination of chance and skill, and are often associated with money laundering, narcotics trafficking, and other criminal enterprises.

The legislature recognizes that illegal electronic gambling operations frequently resume following any enforcement actions unless the operations are subjected to ongoing compliance monitoring or closed. Post-violation monitoring, padlock orders, and extended closure remedies are necessary to prevent recurrence and to protect public safety.

The legislature believes that there is a need for the State to safeguard communities against illegal electronic gambling devices, impose duties on operators and complicit property owners, and to protect the constitutional property rights of noncomplicit owners of premises on which illegal electronic gambling devices have allegedly been used.

Accordingly, the purpose of this Act is to:

(1) Establish the criminal offense of promoting an illegal electronic gambling device; and

(2) Authorize civil penalties and actions relating to the premises on which illegal electronic gambling devices have been used.

SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§712-A Promoting an illegal electronic gambling device. (1) A person commits the offense of promoting an illegal electronic gambling device if the person possesses, operates, displays, manufactures, sells, leases, distributes, or permits on the person's premises the operation of any illegal electronic gambling device.

(2) A device shall not be excluded from the application of this section solely because the device includes an element of skill, requires user interaction, or does not directly dispense cash.

(3) Promoting an illegal electronic gambling device is a class C felony.

(4) For the purposes of this section, "illegal electronic gambling device" means any machine; table; device commonly known as a fish game, fish table, or fishing game; sweepstakes gaming machine; or a similar electronic gambling device that awards or allows the exchange of points, credits, tokens, prizes, merchandise, gift cards, cash equivalents, or anything of value based in whole or in part upon chance or a combination of chance and skill."

SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding three new sections to part V to be appropriately designated and to read as follows:

"§712-B Illegal electronic gambling devices; public nuisance. (1) Any building, structure, or premises that is knowingly used for the operation of an illegal electronic gambling device is a public nuisance.

(2) The attorney general, any county prosecuting attorney, any county police chief, or the director of law enforcement may bring a civil action in circuit court to abate the nuisance and seek:

(a) An injunction;

(b) Closure of the building, structure, or premises for up to one year;

(d) Civil penalties; and

(e) Recovery of enforcement costs.

(3) For purposes of this section, "illegal electronic gambling device" has the same meaning as defined in section 712‑A(4).

§712-C Illegal electronic gambling devices; owner, lessor, sublessor, or property manager liability. (1) No owner, lessor, sublessor, or property manager of any premises shall knowingly permit the operation of an illegal electronic gambling device on the premises.

(2) Upon receiving from law enforcement any written or oral notice of the use of an illegal electronic gambling device on the premises, the owner, lessor, sublessor, or property manager shall:

(a) Issued a written demand to cease the illegal activity;

(b) Terminate the lease for the premises or commence eviction proceedings, if applicable and to the extent permitted by law;

(d) Cooperate with any law enforcement investigation.

(3) The attorney general, any county prosecuting attorney, any county police chief, or the director of law enforcement may bring a civil action in circuit court to enforce this section and may seek injunctive relief, civil penalties, and any other relief authorized by law.

(4) Any person that fails to take the actions required pursuant to subsection (2) shall:

(a) Pay a civil penalty of no more than $25,000 per violation; and

(b) Be subject to an action for nuisance abatement.

(5) For any premise on which the use or operation of an illegal electronic gambling device has occurred more than once in any twelve-month period, the attorney general, any county prosecuting attorney, any county police chief, or the director of law enforcement may seek:

(a) A judicial order requiring the premises to be locked for any duration that does not constitute a taking under constitutional law; provided that the duration shall not exceed twenty months, unless the court determines that the premises are a chronic nuisance, in which case the duration shall not exceed thirty-six months;

(b) A receivership;

(d) Other enhanced remedies.

(6) For purposes of this section, "illegal electronic gambling device" has the same meaning as defined in section 712‑A(4).

§712-D Compliance inspections following illegal electronic gambling device violations. (1) Upon a finding that the use of an illegal electronic gambling device has occurred on any premises:

(a) The court may require the premises be subjected to compliance inspections, for no longer than twelve months;

(b) Authorities may conduct reasonable inspections of areas related to illegal gaming; provided that the inspections shall be:

(i) Limited in scope and consistent with constitutional law; and

(ii) Conducted pursuant to court order and shall not require a separate warrant.

(2) If any person refuses to permit the inspections authorized pursuant to subsection (1)(b):

(a) The person shall be subject to contempt proceedings; and

(b) The attorney general, any county prosecuting attorney, any county police chief, or the director of law enforcement may pursue enhanced remedies.

(3) For purposes of this section, "illegal electronic gambling device" has the same meaning as defined in section 712‑A(4)."

SECTION 4. In codifying the new sections added by sections 2 and 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3281
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII