HB 1810: Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Payment; Financial Reports; Disclosures; Signage
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-04-29
Current Status:
Passed
(2026-06-09: Act 112, on 06/08/2026 (Gov. Msg. No. 1212).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires professional solicitors who collect and sell donated non‑perishable items for charities to make prompt payments, file detailed financial reports with the state, and post clear disclosures on collection bins; it affects those solicitors, the charities they work with, and donors. Reports must show amounts paid to each charity, the gross weight collected, and the per‑pound payment rate; solicitors must deposit what they owe charities within 45 days after a sale, keep records for at least three years, and label bins to say the items are resold, may not be tax‑deductible, and that registration and contracts are available for inspection.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Beginning 1/1/2027, establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations. Prohibits professional solicitors that sell donated or collected non-perishable tangible property from failing to prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected non-perishable tangible property or comply with prompt payment, financial reporting, and contract term requirements. (CD1)
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property. Effective 7/1/2050. (SD2)
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property. Effective 7/1/2050. (SD1)
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organization; and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property. Effective 7/1/3000. (HD2)
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organization; and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated property. Effective 7/1/3000. (HD1)
Requires professional solicitors operating public collection receptacles to solicit donations of non-perishable tangible property who later re-sell the items to deposit funds with charitable organizations within a specified timeframe, provide certain information in financial reports, and prominently disclose certain information on collection receptacles.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1810 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO CHARITABLE SOLICITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that in some cases, the entities operating collection bins or receptacles on behalf of the charity will pay the charity based on the weight of the donated items received, which can be as low as two to five cents per pound, and then resell the donated property at for-profit retail locations. Most donors are not aware of these arrangements between the collection bin operator and associated charitable organizations.
The legislature also finds that existing law does not adequately address this charitable solicitation business model.
The purpose of this Act is to:
(1) Establish prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations; and
(2) Prohibit professional solicitors that sell donated or collected non-perishable tangible property from failing to prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected non-perishable tangible property or comply with prompt payment, financial reporting, and contract term requirements.
SECTION 2. Section 467B-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "contribution" to read:
""Contribution"
means the promise or grant of any money or property of any kind or value,
including [the] non-perishable tangible property, or a promise to
pay[,] or pledge, except payments by members of a charitable
organization for membership fees, dues, fines, or assessments, or for services
rendered to individual members, if membership in the charitable organization
confers a bona fide right, privilege, professional standing, honor, or other
direct benefit, other than the right to vote, elect officers, or hold offices,
and except money or property received from any governmental authority, or a
grant or subsidy from any organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code."
2. By amending the definition of "solicit" and "solicitation" to read:
""Solicit"
and "solicitation" mean a request directly or indirectly for money,
credit, property, financial assistance, or thing of value on the plea or
representation that the money, credit, property, financial assistance, or thing
of value, or any portion thereof, will be used for a charitable purpose or to
benefit a charitable organization. [These
terms shall include] "Solicit" and "solicitation"
includes the following:
(1) Any oral or written request;
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization; and
(5) A request made through the use of
receptacles for contributions, including non-perishable tangible property,
such as honor boxes, vending machines, wishing wells, contribution boxes, [and]
novelty machines, and collection bins or containers, where a charitable
appeal is used or referred to or implied as an inducement or reason to
contribute.
A solicitation occurs
whether or not the person making the solicitation receives any
contribution. However, [the term
shall] solicitation does not include the submission of a grant or
subsidy proposal or application to a governmental authority or any organization
exempt from taxation under section 501(c)(3) of the Internal Revenue Code."
SECTION 3. Section 467B-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§467B-2.5 Professional solicitor financial reports;
contribution account[.]; disclosure; payment; charitable
organizations. (a)
A professional solicitor shall file with the attorney general a
financial report for any charitable solicitation campaign, including gross
revenue from Hawaii donors and national gross revenue and an itemization of all
expenses incurred on a form prescribed by the attorney general no more than
ninety days after the end of the solicitation campaign and, for solicitation
campaigns lasting more than one year, within ninety days after each anniversary
of the commencement of the solicitation campaign and within ninety days after
the end of the solicitation campaign.
(b) The attorney general may require the financial report required by subsection (a) to be submitted electronically and may require the use of electronic signatures. This report shall be signed by the professional solicitor, or an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710‑1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.
(c) A professional solicitor shall maintain
during each solicitation campaign and for [not] no less than
three years after the completion of that campaign the following records, which
shall be available for inspection upon demand by the attorney general:
(1) The date and amount of each contribution received and the name and address of each contributor;
(2) The name and residence of each employee, agent, or other person involved in the solicitation;
(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and
(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.
(d) Any material change in any information filed
with the attorney general pursuant to this section shall be reported in writing
by the professional solicitor to the attorney general [not] no
more than seven days after the change occurs.
(e) Each contribution in the control or custody of the professional solicitor in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(f) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property, the professional solicitor shall deposit the full amount owed to the charitable organization by the professional solicitor in an account at a bank or other federally insured financial institution, which shall be in the name of that charitable organization, within forty-five days after the sale.
(g) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property and compensates a charitable organization based on the weight of donor contributions, the professional solicitor's financial report shall include:
(1) The amount paid by the professional solicitor to any charitable organization during the applicable period;
(2) The gross weight of all contributions by donors to the professional solicitor, on behalf of each respective charitable organization, during the applicable period; and
(3) The dollar amount of compensation per pound or other weight measurement paid by the professional solicitor to each charitable organization."
SECTION 4. Section 467B-9, Hawaii Revised Statutes, is amended to read as follows:
"§467B-9 Prohibited acts. (a) No person, for the purpose of soliciting contributions from persons in the State, shall use the name of any other person except that of an officer, director, or trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other persons.
A person shall be deemed to have used the name of another person for the purpose of soliciting contributions if the latter person's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or the latter person's name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.
(b) No charitable organization, professional solicitor, professional fundraising counsel, commercial co-venturer, charitable fundraising platform, or platform charity soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.
(c) No person, in connection with any solicitation or sale, shall misrepresent or mislead anyone by any manner, means, practice, or device whatsoever, to believe that the solicitation or sale is being conducted on behalf of a charitable organization or that the proceeds of the solicitation or sale will be used for charitable purposes, if that is not the fact.
(d) No professional solicitor, charitable fundraising platform, or platform charity, and no agent, employee, independent contractor, or other person acting on behalf of the professional solicitor, charitable fundraising platform, or platform charity, shall solicit in the name of or on behalf of any charitable organization unless the charitable fundraising platform or platform charity has obtained written consent pursuant to section 467B-2.3(e) or:
(1) The professional solicitor has obtained the written authorization of two officers of the organization, which authorization shall bear the signature of the professional solicitor and the officers of the charitable organization and shall expressly state on its face the period for which it is valid, which shall not exceed one year from the date of issuance, and has filed a copy of the written authorization with the attorney general before the solicitation; and
(2) The professional solicitor and any person who, for compensation, acts as an agent, employee, independent contractor, or otherwise on behalf of the professional solicitor, carries a copy of the authorization while conducting solicitations, and exhibits it on request to persons solicited or police officers or agents of the department.
(e) No charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity subject to this chapter shall use or exploit the fact of filing any statement, report, professional fundraising counsel contracts, written consents, professional solicitor contracts, charitable fundraising platform contracts, or platform charity contracts and written consents, or other documents or information required to be filed under this chapter or with the department so as to lead the public to believe that the filing in any manner constitutes an endorsement or approval by the State of the purposes or goals for the solicitation by the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity; provided that the use of the following statement shall not be deemed a prohibited exploitation: "Information regarding this organization has been filed with the State of Hawaii department of the attorney general. Filing does not imply endorsement or approval of the organization or the public solicitation for contributions."
(f) No person, while soliciting, shall impede or obstruct, with the intent to physically inconvenience the general public or any member thereof in any public place or in any place open to the public.
(g) No person shall submit for filing on behalf of any charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity, any statement, financial statement, report, attachment, or other information to be filed with the department that contains information, statements, or omissions that are false or misleading.
(h) No person shall solicit contributions from persons in the State or otherwise operate in the State as a charitable organization, an exempt charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity unless the person has filed the information required by this chapter with the department in a timely manner.
(i) No person shall aid, abet, or otherwise permit any persons to solicit contributions from persons in the State unless the person soliciting contributions has complied with the requirements of this chapter.
(j) No person shall fail to file the information and registration statement, annual or financial reports, and other statements required by this chapter or fail to provide any information demanded by the attorney general pursuant to this chapter in a timely manner.
(k) No person shall employ in any solicitation or collection of contributions for a charitable organization, any device, scheme, or artifice to defraud or obtain money or property by means of any false, deceptive, or misleading pretense, representation, or promise.
(l) No person, in the course of any solicitation, shall represent that funds collected will be used for a particular charitable purpose, or particular charitable purposes, if the funds solicited are not used for the represented purposes.
(m) No person shall receive compensation from a charitable organization for obtaining moneys or bequests for that charitable organization if that person has also received compensation for advising the donor to make the donation; provided that compensation may be received if the person obtains the written consent of the donor to receive compensation from the charitable organization.
(n) No person shall act as a professional solicitor, charitable fundraising platform, or platform charity if the person, any officer, any person with a controlling interest therein, or any person the professional solicitor, charitable fundraising platform, or platform charity employs, engages, or procures to solicit for compensation, has been convicted by any federal or state court of any felony, or of any misdemeanor involving dishonesty or arising from the conduct of a solicitation for a charitable organization or purpose.
(o) No charitable organization shall use the services of an unregistered professional solicitor, professional fundraising counsel, charitable fundraising platform, or platform charity.
(p) No professional solicitor that, directly or indirectly, sells any donated or collected non-perishable tangible property shall fail to:
(1) Prominently disclose in writing on any collection bin, container, or receptacle used by the professional solicitor to receive donated or collected non-perishable tangible property that:
(A) The collection bin, container, or receptacle is operated and used by a paid professional solicitor;
(B) The professional solicitor resells the donated or collected property at retail stores and that a charitable organization is either paid a percentage of the sale proceeds or an amount based on the weight of the donated or collected non-perishable tangible property, whichever is applicable;
(C) Donated or collected non-perishable tangible property is not a tax-deductible charitable contribution under the Internal Revenue Code of 1986, as amended, if applicable;
(D) The professional solicitor is registered with the attorney general; and
(E) The professional solicitor's registration form and contracts with the charitable organization benefited by the collection are available for public inspection and copying;
(2) Provide complete and timely payment of the amount owed to a charitable organization within forty-five days after the sale of non-perishable tangible property;
(3) Provide complete and timely financial reports to the charitable organization and the attorney general, as required by this chapter; and
(4) Include in the contract with the charitable organization the terms required by section 467B-12.5."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2026; provided that section 3 shall take effect on January 1, 2027.
Report Title:
Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Payment; Financial Reports; Disclosures; Signage
Description:
Beginning 1/1/2027, establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations. Prohibits professional solicitors that sell donated or collected non-perishable tangible property from failing to prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected non-perishable tangible property or comply with prompt payment, financial reporting, and contract term requirements. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1810 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO CHARITABLE SOLICITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that in some cases, the entities operating collection bins or receptacles on behalf of the charity will pay the charity based on the weight of the donated items received, which can be as low as two to five cents per pound, and then resell the donated property at for-profit retail locations. Most donors are not aware of these arrangements between the collection bin operator and associated charitable organizations.
The legislature further finds that existing law does not adequately address this charitable solicitation business model.
The purpose of this Act is to:
(1) Establish prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations; and
(2) Prohibit professional solicitors that sell donated or collected non-perishable tangible property from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property.
SECTION 2. Section 467B-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "contribution" to read:
""Contribution"
means the promise or grant of any money or property of any kind or value,
including [the] non-perishable tangible property, or a promise to
pay[,] or pledge, except payments by members of a charitable
organization for membership fees, dues, fines, or assessments, or for services
rendered to individual members, if membership in the charitable organization
confers a bona fide right, privilege, professional standing, honor, or other
direct benefit, other than the right to vote, elect officers, or hold offices,
and except money or property received from any governmental authority, or a
grant or subsidy from any organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code."
2. By amending the definition of "solicit" and "solicitation" to read:
""Solicit"
and "solicitation" mean a request directly or indirectly for money,
credit, property, financial assistance, or thing of value on the plea or
representation that the money, credit, property, financial assistance, or thing
of value, or any portion thereof, will be used for a charitable purpose or to
benefit a charitable organization. [These
terms shall include] "Solicit" and "solicitation"
includes the following:
(1) Any oral or written request;
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization; and
(5) A request made through the use of
receptacles for contributions, including non-perishable tangible property,
such as honor boxes, vending machines, wishing wells, contribution boxes, [and]
novelty machines, and collection bins or containers, where a charitable
appeal is used or referred to or implied as an inducement or reason to
contribute.
A solicitation occurs
whether or not the person making the solicitation receives any
contribution. However, [the term shall]
solicitation does not include the submission of a grant or subsidy
proposal or application to a governmental authority or any organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code."
SECTION 3. Section 467B-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§467B-2.5 Professional solicitor financial reports;
contribution account[.]; disclosure; payment; charitable
organizations. (a)
A professional solicitor shall file with the attorney general a
financial report for any charitable solicitation campaign, including gross
revenue from Hawaii donors and national gross revenue and an itemization of all
expenses incurred on a form prescribed by the attorney general no more than
ninety days after the end of the solicitation campaign and, for solicitation
campaigns lasting more than one year, within ninety days after each anniversary
of the commencement of the solicitation campaign and within ninety days after
the end of the solicitation campaign.
(b) The attorney general may require the financial report required by subsection (a) to be submitted electronically and may require the use of electronic signatures. This report shall be signed by the professional solicitor, or an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710‑1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.
(c) A professional solicitor shall maintain
during each solicitation campaign and for [not] no less than
three years after the completion of that campaign the following records, which
shall be available for inspection upon demand by the attorney general:
(1) The date and amount of each contribution received and the name and address of each contributor;
(2) The name and residence of each employee, agent, or other person involved in the solicitation;
(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and
(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.
(d) Any material change in any information filed
with the attorney general pursuant to this section shall be reported in writing
by the professional solicitor to the attorney general [not] no
more than seven days after the change occurs.
(e) Each contribution in the control or custody of the professional solicitor in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(f) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property, the professional solicitor shall deposit the full amount owed to the charitable organization by the professional solicitor in an account at a bank or other federally insured financial institution, which shall be in the name of that charitable organization, within forty-five days after the sale.
(g) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property and compensates a charitable organization based on the weight of donor contributions, the professional solicitor's financial report shall include:
(1) The amount paid by the professional solicitor to any charitable organization during the applicable period;
(2) The gross weight of all contributions by donors to the professional solicitor, on behalf of each respective charitable organization, during the applicable period; and
(3) The dollar amount of compensation per pound or other weight measurement paid by the professional solicitor to each charitable organization."
SECTION 4. Section 467B-9, Hawaii Revised Statutes, is amended to read as follows:
"§467B-9 Prohibited acts. (a) No person, for the purpose of soliciting contributions from persons in the State, shall use the name of any other person except that of an officer, director, or trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other persons.
A person shall be deemed to have used the name of another person for the purpose of soliciting contributions if the latter person's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or the latter person's name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.
(b) No charitable organization, professional solicitor, professional fundraising counsel, or commercial co-venturer soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.
(c) No person, in connection with any solicitation or sale, shall misrepresent or mislead anyone by any manner, means, practice, or device whatsoever, to believe that the solicitation or sale is being conducted on behalf of a charitable organization or that the proceeds of the solicitation or sale will be used for charitable purposes, if that is not the fact.
(d) No professional solicitor, and no agent, employee, independent contractor, or other person acting on behalf of the professional solicitor, shall solicit in the name of or on behalf of any charitable organization unless:
(1) The professional solicitor has obtained the written authorization of two officers of the organization, which authorization shall bear the signature of the professional solicitor and the officers of the charitable organization and shall expressly state on its face the period for which it is valid, which shall not exceed one year from the date of issuance, and has filed a copy of the written authorization with the attorney general prior to the solicitation; and
(2) The professional solicitor and any person who, for compensation, acts as an agent, employee, independent contractor, or otherwise on behalf of the professional solicitor carries a copy of the authorization while conducting solicitations, and exhibits it on request to persons solicited or police officers or agents of the department.
(e) No charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer subject to this chapter shall use or exploit the fact of filing any statement, report, professional fundraising counsel contracts, written consents, or professional solicitor contracts or other documents or information required to be filed under this chapter or with the department so as to lead the public to believe that the filing in any manner constitutes an endorsement or approval by the State of the purposes or goals for the solicitation by the charitable organization, professional fundraising counsel, professional solicitor, or commercial co‑venturer; provided that the use of the following statement shall not be deemed a prohibited exploitation: "Information regarding this organization has been filed with the State of Hawaii department of the attorney general. Filing does not imply endorsement or approval of the organization or the public solicitation for contributions."
(f) No person, while soliciting, shall impede or obstruct, with the intent to physically inconvenience the general public or any member thereof in any public place or in any place open to the public.
(g) No person shall submit for filing on behalf of any charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer, any statement, financial statement, report, attachment, or other information to be filed with the department that contains information, statements, or omissions that are false or misleading.
(h) No person shall solicit contributions from persons in the State or otherwise operate in the State as a charitable organization, an exempt charitable organization, professional fundraising counsel, professional solicitor, or commercial co‑venturer unless the person has filed the information required by this chapter with the department in a timely manner.
(i) No person shall aid, abet, or otherwise permit any persons to solicit contributions from persons in the State unless the person soliciting contributions has complied with the requirements of this chapter.
(j) No person shall fail to file the information and registration statement, annual or financial reports, and other statements required by this chapter or fail to provide any information demanded by the attorney general pursuant to this chapter in a timely manner.
(k) No person shall employ in any solicitation or collection of contributions for a charitable organization, any device, scheme, or artifice to defraud or obtain money or property by means of any false, deceptive, or misleading pretense, representation, or promise.
(l) No person, in the course of any solicitation, shall represent that funds collected will be used for a particular charitable purpose, or particular charitable purposes, if the funds solicited are not used for the represented purposes.
(m) No person shall receive compensation from a charitable organization for obtaining moneys or bequests for that charitable organization if that person has also received compensation for advising the donor to make the donation; provided that compensation may be received if the person obtains the written consent of the donor to receive compensation from the charitable organization.
(n) No person shall act as a professional solicitor if the person, any officer, any person with a controlling interest therein, or any person the professional solicitor employs, engages, or procures to solicit for compensation, has been convicted by any federal or state court of any felony, or of any misdemeanor involving dishonesty or arising from the conduct of a solicitation for a charitable organization or purpose.
(o) No charitable organization shall use the services of an unregistered professional solicitor or professional fundraising counsel.
(p) No professional solicitor, who directly or indirectly sells any donated or collected non-perishable tangible property, shall fail to:
(1) Prominently disclose in writing on any collection bin, container, or receptacle used by the professional solicitor to receive donated or collected non-perishable tangible property that:
(A) The collection bin, container, or receptacle is operated and used by a paid professional solicitor;
(B) The professional solicitor resells the donated or collected property at retail stores and that a charitable organization is either paid a percentage of the sale proceeds or an amount based on the weight of the donated or collected tangible property, whichever is applicable;
(C) Donated or collected non-perishable tangible property is not a tax-deductible charitable contribution under the Internal Revenue Code of 1986, as amended, if applicable;
(D) The professional solicitor is registered with the attorney general; and
(E) The professional solicitor's registration form and contracts with the charitable organization benefited by the collection is available for public inspection and copying;
(2) Provide complete and timely payment of the amount owed to a charitable organization within forty-five days after the sale of non-perishable tangible property;
(3) Provide complete and timely financial reports to the charitable organization and the attorney general, as required by this chapter; and
(4) Include in the contract with the charitable organization the terms required by section 467B-12.5."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050; provided that sections 2 and 3 shall take effect on January 1, 2027.
Report Title:
Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Payment; Financial Reports; Disclosures; Signage
Description:
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1810 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 1 |
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|
|
|
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A BILL FOR AN ACT
RELATING TO CHARITABLE SOLICITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that in some cases, the entities operating collection bins or receptacles on behalf of the charity will pay the charity based on the weight of the donated items received, which can be as low as two to five cents per pound, and then resell the donated property at for-profit retail locations. Most donors are not aware of these arrangements between the collection bin operator and associated charitable organizations.
The legislature further finds that existing law does not adequately address this charitable solicitation business model.
The purpose of this Act is to:
(1) Establish prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations; and
(2) Prohibit professional solicitors that sell donated or collected non-perishable tangible property from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property.
SECTION 2. Section 467B-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "contribution" to read:
""Contribution"
means the promise or grant of any money or property of any kind or value,
including [the] non-perishable tangible property, or a promise to
pay[,] or pledge, except payments by members of a charitable
organization for membership fees, dues, fines, or assessments, or for services
rendered to individual members, if membership in the charitable organization
confers a bona fide right, privilege, professional standing, honor, or other
direct benefit, other than the right to vote, elect officers, or hold offices,
and except money or property received from any governmental authority, or a
grant or subsidy from any organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code."
2. By amending the definition of "solicit" and "solicitation" to read:
""Solicit"
and "solicitation" mean a request directly or indirectly for money,
credit, property, financial assistance, or thing of value on the plea or
representation that the money, credit, property, financial assistance, or thing
of value, or any portion thereof, will be used for a charitable purpose or to
benefit a charitable organization. [These
terms shall include] "Solicit" and "solicitation"
includes the following:
(1) Any oral or written request;
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization; and
(5) A request made through the use of
receptacles for contributions, including non-perishable tangible property,
such as honor boxes, vending machines, wishing wells, contribution boxes, [and]
novelty machines, and collection bins or containers, where a charitable
appeal is used or referred to or implied as an inducement or reason to
contribute.
A solicitation occurs
whether or not the person making the solicitation receives any
contribution. However, [the term shall]
solicitation does not include the submission of a grant or subsidy
proposal or application to a governmental authority or any organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code."
SECTION 3. Section 467B-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§467B-2.5 Professional solicitor financial reports;
contribution account[.]; disclosure; payment; charitable
organizations. (a)
A professional solicitor shall file with the attorney general a
financial report for any charitable solicitation campaign, including gross
revenue from Hawaii donors and national gross revenue and an itemization of all
expenses incurred on a form prescribed by the attorney general no more than
ninety days after the end of the solicitation campaign and, for solicitation
campaigns lasting more than one year, within ninety days after each anniversary
of the commencement of the solicitation campaign and within ninety days after
the end of the solicitation campaign.
(b) The attorney general may require the financial report required by subsection (a) to be submitted electronically and may require the use of electronic signatures. This report shall be signed by the professional solicitor, or an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710‑1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.
(c)
A professional solicitor shall maintain during each solicitation
campaign and for [not] no less than three years after the
completion of that campaign the following records, which shall be available for
inspection upon demand by the attorney general:
(1) The date and amount of each contribution received and the name and address of each contributor;
(2) The name and residence of each employee, agent, or other person involved in the solicitation;
(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and
(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.
(d)
Any material change in any information filed with the attorney general
pursuant to this section shall be reported in writing by the professional
solicitor to the attorney general [not] no more than seven days
after the change occurs.
(e) Each contribution in the control or custody of the professional solicitor in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(f) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property, the professional solicitor shall deposit the full amount owed to the charitable organization by the professional solicitor in an account at a bank or other federally insured financial institution, which shall be in the name of that charitable organization, within forty-five days after the sale.
(g) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property and compensates a charitable organization based on the weight of donor contributions, the professional solicitor's financial report shall include:
(1) The amount paid by the professional solicitor to any charitable organization during the applicable period;
(2) The gross weight of all contributions by donors to the professional solicitor, on behalf of each respective charitable organization, during the applicable period; and
(3) The dollar amount of compensation per pound or other weight measurement paid by the professional solicitor to each charitable organization.
(h) No professional solicitor, who directly or indirectly sells any donated or collected non-perishable tangible property, shall fail to:
(1) Prominently disclose in writing on any collection bin, container, or receptacle used by the professional solicitor to receive donated or collected non-perishable tangible property that:
(A) The collection bin, container, or receptacle is operated and used by a paid professional solicitor;
(B) The professional solicitor resells the donated or collected property at retail stores and that a charitable organization is either paid a percentage of the sale proceeds or an amount based on the weight of the donated or collected tangible property, whichever is applicable;
(C) Donated or collected non-perishable tangible property is not a tax-deductible charitable contribution under the Internal Revenue Code of 1986, as amended, if applicable;
(D) The professional solicitor is registered with the attorney general; and
(E) The professional solicitor's registration form and contracts with the charitable organization benefited by the collection is available for public inspection and copying;
(2) Provide complete and timely payment of the amount owed to a charitable organization within forty-five days after the sale of non-perishable tangible property;
(3) Provide complete and timely annual financial reports to the charitable organization and the attorney general, as required by section 467B-6.5; and
(4) Include in the contract with the charitable organization the terms required by section 467B-12.5."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050; provided that sections 2 and 3 shall take effect on January 1, 2027.
Report Title:
Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Payment; Financial Reports; Disclosures; Signage
Description:
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1810 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CHARITABLE SOLICITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that in some cases, the entities operating collection bins or receptacles on behalf of the charity will pay the charity based on the weight of the donated items received, which can be as low as two to five cents per pound, and then resell the donated property at for-profit retail locations. Most donors are not aware of these arrangements between the collection bin operator and associated charitable organizations.
The legislature further finds that existing law does not adequately address this charitable solicitation business model.
The purpose of this Act is to:
(1) Establish prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations; and
(2) Prohibit professional solicitors that sell donated or collected non-perishable tangible property from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property.
SECTION 2. Section 467B-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "contribution" to read:
""Contribution"
means the promise or grant of any money or property of any kind or value,
including [the] non-perishable tangible property, or a promise to
pay[,] or pledge, except payments by members of a charitable
organization for membership fees, dues, fines, or assessments, or for services
rendered to individual members, if membership in the charitable organization
confers a bona fide right, privilege, professional standing, honor, or other
direct benefit, other than the right to vote, elect officers, or hold offices,
and except money or property received from any governmental authority, or a
grant or subsidy from any organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code."
2. By amending the definition of "solicit" and "solicitation" to read:
""Solicit"
and "solicitation" mean a request directly or indirectly for money,
credit, property, financial assistance, or thing of value on the plea or
representation that the money, credit, property, financial assistance, or thing
of value, or any portion thereof, will be used for a charitable purpose or to
benefit a charitable organization. [These
terms shall include] "Solicit" and "solicitation"
includes the following:
(1) Any oral or written request;
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization; and
(5) A request made through the use of
receptacles for contributions, including non-perishable tangible property,
such as honor boxes, vending machines, wishing wells, contribution boxes, [and]
novelty machines, and collection bins or containers, where a charitable
appeal is used or referred to or implied as an inducement or reason to
contribute.
A solicitation occurs
whether or not the person making the solicitation receives any
contribution. However, [the term shall]
solicitation does not include the submission of a grant or subsidy
proposal or application to a governmental authority or any organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code."
SECTION 3. Section 467B-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§467B-2.5 Professional solicitor financial reports;
contribution account[.]; disclosure; payment; charitable
organizations. (a)
A professional solicitor shall file with the attorney general a
financial report for any charitable solicitation campaign, including gross
revenue from Hawaii donors and national gross revenue and an itemization of all
expenses incurred on a form prescribed by the attorney general no more than
ninety days after the end of the solicitation campaign and, for solicitation
campaigns lasting more than one year, within ninety days after each anniversary
of the commencement of the solicitation campaign and within ninety days after
the end of the solicitation campaign.
(b) The attorney general may require the financial report required by subsection (a) to be submitted electronically and may require the use of electronic signatures. This report shall be signed by the professional solicitor, or an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710‑1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.
(c)
A professional solicitor shall maintain during each solicitation
campaign and for [not] no less than three years after the
completion of that campaign the following records, which shall be available for
inspection upon demand by the attorney general:
(1) The date and amount of each contribution received and the name and address of each contributor;
(2) The name and residence of each employee, agent, or other person involved in the solicitation;
(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and
(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.
(d)
Any material change in any information filed with the attorney general
pursuant to this section shall be reported in writing by the professional
solicitor to the attorney general [not] no more than seven days
after the change occurs.
(e) Each contribution in the control or custody of the professional solicitor in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(f) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property, the professional solicitor shall deposit the full amount owed to the charitable organization by the professional solicitor in an account at a bank or other federally insured financial institution, which shall be in the name of that charitable organization, within forty-five days after the sale.
(g) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property and compensates a charitable organization based on the weight of donor contributions, the professional solicitor's financial report shall include:
(1) The amount paid by the professional solicitor to any charitable organization during the applicable period;
(2) The gross weight of all contributions by donors to the professional solicitor, on behalf of each respective charitable organization, during the applicable period; and
(3) The dollar amount of compensation per pound or other weight measurement paid by the professional solicitor to each charitable organization.
(h) No professional solicitor, who directly or indirectly sells any donated or collected non-perishable tangible property, shall fail to:
(1) Prominently disclose in writing on any collection bin, container, or receptacle used by the professional solicitor to receive donated or collected non-perishable tangible property that:
(A) The collection bin, container, or receptacle is operated and used by a paid professional solicitor;
(B) The professional solicitor resells the donated or collected property at retail stores and that a charitable organization is either paid a percentage of the sale proceeds or an amount based on the weight of the donated or collected tangible property, whichever is applicable;
(C) Donated or collected non-perishable tangible property is not a tax-deductible charitable contribution under the Internal Revenue Code of 1986, as amended, if applicable;
(D) The professional solicitor is registered with the attorney general; and
(E) The professional solicitor's registration form and contracts with the charitable organization benefited by the collection is available for public inspection and copying;
(2) Provide complete and timely payment of the amount owed to a charitable organization within forty-five days after the sale of non-perishable tangible property;
(3) Provide complete and timely annual financial reports to the charitable organization and the attorney general, as required by section 467B-6.5; and
(4) Include in the contract with the charitable organization the terms required by section 467B-12.5."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000; provided that sections 2 and 3 shall take effect on January 1, 2027.
Report Title:
Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Payment; Financial Reports; Disclosures; Signage
Description:
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organization; and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated or collected property. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1810 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CHARITABLE SOLICITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that in some cases, the entities operating collection bins or receptacles on behalf of the charity will pay the charity based on the weight of the donated items received, which can be as low as two to five cents per pound, and then resell the donated property at for-profit retail locations. Most donors are not aware of these arrangements between the collection bin operator and associated charitable organizations.
The legislature further finds that existing law does not adequately address this charitable solicitation business model.
The purpose of this Act is to:
(1) Establish prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organization; and
(2) Prohibit professional solicitors that sell donated or collected non-perishable tangible property from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated property.
SECTION 2. Section 467B-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "contribution" to read:
""Contribution"
means the promise or grant of any money or property of any kind or value,
including [the] non-perishable tangible property, or a promise to
pay[,] or pledge, except payments by members of a charitable
organization for membership fees, dues, fines, or assessments, or for services
rendered to individual members, if membership in the charitable organization
confers a bona fide right, privilege, professional standing, honor, or other
direct benefit, other than the right to vote, elect officers, or hold offices,
and except money or property received from any governmental authority, or a
grant or subsidy from any organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code."
2. By amending the definition of "solicit" and "solicitation" to read:
""Solicit"
and "solicitation" mean a request directly or indirectly for money,
credit, property, financial assistance, or thing of value on the plea or
representation that the money, credit, property, financial assistance, or thing
of value, or any portion thereof, will be used for a charitable purpose or to
benefit a charitable organization. [These
terms] "Solicit" and "solicitation" shall
include the following:
(1) Any oral or written request;
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization; and
(5) A request made through the use of
receptacles for contributions, including non-perishable tangible property,
such as honor boxes, vending machines, wishing wells, contribution boxes, [and]
novelty machines, and collection bins or containers, where a charitable
appeal is used or referred to or implied as an inducement or reason to
contribute.
A solicitation occurs
whether or not the person making the solicitation receives any
contribution. However, [the term]
solicitation shall not include the submission of a grant or subsidy
proposal or application to a governmental authority or any organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code."
SECTION 3. Section 467B-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§467B-2.5 Professional solicitor financial reports;
contribution account[.]; disclosure; payment; charitable
organizations. (a)
A professional solicitor shall file with the attorney general a
financial report for any charitable solicitation campaign, including gross
revenue from Hawaii donors and national gross revenue and an itemization of all
expenses incurred on a form prescribed by the attorney general no more than
ninety days after the end of the solicitation campaign and, for solicitation
campaigns lasting more than one year, within ninety days after each anniversary
of the commencement of the solicitation campaign and within ninety days after
the end of the solicitation campaign.
(b) The attorney general may require the financial report required by subsection (a) to be submitted electronically and may require the use of electronic signatures. This report shall be signed by the professional solicitor, or an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710‑1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.
(c) A professional solicitor shall maintain during each solicitation campaign and for not less than three years after the completion of that campaign the following records, which shall be available for inspection upon demand by the attorney general:
(1) The date and amount of each contribution received and the name and address of each contributor;
(2) The name and residence of each employee, agent, or other person involved in the solicitation;
(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and
(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.
(d) Any material change in any information filed with the attorney general pursuant to this section shall be reported in writing by the professional solicitor to the attorney general not more than seven days after the change occurs.
(e) Each contribution in the control or custody of the professional solicitor in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(f) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property, the professional solicitor shall deposit the full amount owed to the charitable organization by the professional solicitor in an account at a bank or other federally insured financial institution, which shall be in the name of that charitable organization, within forty-five days after the sale.
(g) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property and compensates a charitable organization based on the weight of donor contributions, the professional solicitor's financial report shall include:
(1) The amount paid by the professional solicitor to any charitable organization during the applicable period;
(2) The gross weight of all contributions by donors to the professional solicitor, on behalf of each respective charitable organization, during the applicable period; and
(3) The dollar amount of compensation per pound or other weight measurement paid by the professional solicitor to each charitable organization.
(h) No professional solicitor, who directly or indirectly sells any donated non-perishable tangible property, shall fail to:
(1) Prominently disclose in writing on any collection bin, container, or receptacle used by a professional solicitor to receive donated non-perishable tangible property that:
(A) The bin, container, or receptacle is operated and used by a paid professional solicitor;
(B) The professional solicitor resells the donated property at retail stores and that a charitable organization is either paid a percentage of the sale proceeds or an amount based on the weight of the donated tangible property, whichever is applicable;
(C) Donated non-perishable tangible property is not a tax-deductible charitable contribution under the Internal Revenue Code of 1986, as amended, if applicable;
(D) The professional solicitor is registered with the attorney general; and
(E) The professional solicitor's registration form and contracts with the charity benefited by the collection is available for public inspection and copying;
(2) Visibly display a sign on the collection bin, container, or receptacle that states, by percentage, how much of the donated non-perishable tangible property is donated to charitable organizations;
(3) Provide complete and timely payment of the amount owed to a charitable organization within forty-five days after the sale of non-perishable tangible property;
(4) Provide complete and timely annual financial reports to the charitable organization and the attorney general, as required by section 467B-6.5; and
(5) Include in the contract with the charitable organization the terms required by section 467B-12.5."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000; provided that sections 2 and 3 shall take effect on January 1, 2027.
Report Title:
Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Payment; Financial Reports; Disclosures; Signage
Description:
Beginning 1/1/2027: establishes prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organization; and prohibits these professional solicitors from failing to visibly display certain signage; comply with prompt payment, financial reporting, and contract term requirements; or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated property. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1810 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to charitable solicitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature also finds that in some cases, the entities operating collection bins or receptacles on behalf of the charity will pay the charity based on the weight of the donated items received, which can be as low as two to five cents per pound, and then re-sell the donated property at for-profit retail locations. Most donors are not aware of these arrangements between the collection bin operator and associated charitable organizations.
The legislature further finds that chapter 467B, Hawaii Revised Statutes, does not adequately address this charitable solicitation business model.
Accordingly, the purpose of this Act is to regulate professional solicitors that operate collection bins or receptacles to solicit and accept donation of non-perishable tangible property, purportedly to benefit charitable organizations, but then process or re-sell the donated tangible property in for-profit retail or thrift stores.
SECTION 2. Section 467B-1, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "contribution" to read:
""Contribution"
means the promise or grant of any money or property of any kind or value,
including [the] non-perishable tangible property, or a promise to
pay[,] or pledge, except payments by members of a charitable
organization for membership fees, dues, fines, or assessments, or for services
rendered to individual members, if membership in the charitable organization
confers a bona fide right, privilege, professional standing, honor, or other
direct benefit, other than the right to vote, elect officers, or hold offices,
and except money or property received from any governmental authority, or a
grant or subsidy from any organization exempt from taxation under section 501(c)(3)
of the Internal Revenue Code."
2. By amending the definition of "solicit" and "solicitation" to read:
""Solicit" and "solicitation" mean a request directly or indirectly for money, credit, property, financial assistance, or thing of value on the plea or representation that the money, credit, property, financial assistance, or thing of value, or any portion thereof, will be used for a charitable purpose or to benefit a charitable organization. These terms shall include the following:
(1) Any oral or written request;
(2) The making of any announcement to any organization for the purpose of further dissemination, including announcements to the press, over the radio or television, or by telephone, telegraph, or facsimile, concerning an appeal or campaign by or for any charitable organization or purpose;
(3) The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support;
(4) Where the sale or offer or attempted sale, of any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable organization or purpose; or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale; or where in connection with any sale, any statement is made that the whole or any part of the proceeds from any sale will be used for any charitable purpose or to benefit any charitable organization; and
(5) A request made through the use of
receptacles for contributions, including non-perishable tangible property,
such as honor boxes, vending machines, wishing wells, contribution boxes, [and]
novelty machines, and collection bins or containers, where a charitable
appeal is used or referred to or implied as an inducement or reason to
contribute.
A solicitation occurs whether or not the person making the solicitation receives any contribution. However, the term shall not include the submission of a grant or subsidy proposal or application to a governmental authority or any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code."
SECTION 3. Section 467B-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§467B-2.5 Professional solicitor financial reports; contribution account. (a) A professional solicitor shall file with the attorney general a financial report for any charitable solicitation campaign, including gross revenue from Hawaii donors and national gross revenue and an itemization of all expenses incurred on a form prescribed by the attorney general no more than ninety days after the end of the solicitation campaign and, for solicitation campaigns lasting more than one year, within ninety days after each anniversary of the commencement of the solicitation campaign and within ninety days after the end of the solicitation campaign.
(b) The attorney general may require the financial report required by subsection (a) to be submitted electronically and may require the use of electronic signatures. This report shall be signed by the professional solicitor, or an authorized officer or agent of the professional solicitor who shall certify that the statements therein are true and correct to the best of the solicitor's, officer's, or agent's knowledge subject to penalties imposed by section 710‑1063. If a financial report required under this section is not filed in a timely manner, taking into account any extension of time for filing, unless it is shown that the failure is due to reasonable cause, an initial late filing fee of $100 shall be imposed, and an additional late filing fee of $20 per day shall be imposed, for each day during which the violation continues; provided that the total fee amount imposed under this subsection shall not exceed $1,000. The attorney general may waive all or part of the late filing fee imposed by this subsection if there is a reasonable cause for the failure to timely file. The professional solicitor shall provide a copy of the financial report to the charitable organization to which the financial report pertains within ten days of its submission of the report to the attorney general.
(c) A professional solicitor shall maintain during each solicitation campaign and for not less than three years after the completion of that campaign the following records, which shall be available for inspection upon demand by the attorney general:
(1) The date and amount of each contribution received and the name and address of each contributor;
(2) The name and residence of each employee, agent, or other person involved in the solicitation;
(3) Records of all revenue received and expenses incurred in the course of the solicitation campaign; and
(4) The location and account number of each bank or other financial institution account in which the professional solicitor has deposited revenue from the solicitation campaign.
(d) Any material change in any information filed with the attorney general pursuant to this section shall be reported in writing by the professional solicitor to the attorney general not more than seven days after the change occurs.
(e) Each contribution in the control or custody of the professional solicitor in its entirety and within five days of its receipt, shall be deposited in an account at a bank or other federally insured financial institution, which shall be in the name of the charitable organization. The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(f) If the professional solicitor, directly or indirectly, sells donated or collected tangible non-perishable property, the professional solicitor shall deposit the full amount owed to the charitable organization by the professional solicitor in an account at a bank or other federally insured financial institution, which shall be in the name of that charitable organization, within forty-five days after the sale.
(g) If the professional solicitor, directly or indirectly, sells donated or collected non-perishable tangible property and compensates a charitable organization based on the weight of donor contributions, the professional solicitor's financial report shall include:
(1) The amount paid by the professional solicitor to any charitable organization during the applicable period;
(2) The gross weight of all contributions by donors to the professional solicitor, on behalf of each respective charitable organization, during the applicable period; and
(3) The dollar amount of compensation per pound or other weight measurement paid by the professional solicitor to each charitable organization."
SECTION 4. Section 467B-9, Hawaii Revised Statutes, is amended to read as follows:
"§467B-9 Prohibited acts. (a) No person, for the purpose of soliciting contributions from persons in the State, shall use the name of any other person except that of an officer, director, or trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other persons.
A person shall be deemed to have used the name of another person for the purpose of soliciting contributions if the latter person's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or the latter person's name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.
(b) No charitable organization, professional solicitor, professional fundraising counsel, commercial co-venturer, charitable fundraising platform, or platform charity soliciting contributions shall use a name, symbol, or statement so closely related or similar to that used by another charitable organization or governmental agency that the use thereof would tend to confuse or mislead the public.
(c) No person, in connection with any solicitation or sale, shall misrepresent or mislead anyone by any manner, means, practice, or device whatsoever, to believe that the solicitation or sale is being conducted on behalf of a charitable organization or that the proceeds of the solicitation or sale will be used for charitable purposes, if that is not the fact.
(d) No professional solicitor, charitable fundraising platform, or platform charity, and no agent, employee, independent contractor, or other person acting on behalf of the professional solicitor, charitable fundraising platform, or platform charity, shall solicit in the name of or on behalf of any charitable organization unless the charitable fundraising platform or platform charity has obtained written consent pursuant to section 467B-2.3(e) or:
(1) The professional solicitor has obtained the written authorization of two officers of the organization, which authorization shall bear the signature of the professional solicitor and the officers of the charitable organization and shall expressly state on its face the period for which it is valid, which shall not exceed one year from the date of issuance, and has filed a copy of the written authorization with the attorney general before the solicitation; and
(2) The professional solicitor and any person who, for compensation, acts as an agent, employee, independent contractor, or otherwise on behalf of the professional solicitor, carries a copy of the authorization while conducting solicitations, and exhibits it on request to persons solicited or police officers or agents of the department.
(e) No charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity subject to this chapter shall use or exploit the fact of filing any statement, report, professional fundraising counsel contracts, written consents, professional solicitor contracts, charitable fundraising platform contracts, or platform charity contracts and written consents, or other documents or information required to be filed under this chapter or with the department so as to lead the public to believe that the filing in any manner constitutes an endorsement or approval by the State of the purposes or goals for the solicitation by the charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity; provided that the use of the following statement shall not be deemed a prohibited exploitation: "Information regarding this organization has been filed with the State of Hawaii department of the attorney general. Filing does not imply endorsement or approval of the organization or the public solicitation for contributions."
(f) No person, while soliciting, shall impede or obstruct, with the intent to physically inconvenience the general public or any member thereof in any public place or in any place open to the public.
(g) No person shall submit for filing on behalf of any charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity, any statement, financial statement, report, attachment, or other information to be filed with the department that contains information, statements, or omissions that are false or misleading.
(h) No person shall solicit contributions from persons in the State or otherwise operate in the State as a charitable organization, an exempt charitable organization, professional fundraising counsel, professional solicitor, commercial co-venturer, charitable fundraising platform, or platform charity unless the person has filed the information required by this chapter with the department in a timely manner.
(i) No person shall aid, abet, or otherwise permit any persons to solicit contributions from persons in the State unless the person soliciting contributions has complied with the requirements of this chapter.
(j) No person shall fail to file the information and registration statement, annual or financial reports, and other statements required by this chapter or fail to provide any information demanded by the attorney general pursuant to this chapter in a timely manner.
(k) No person shall employ in any solicitation or collection of contributions for a charitable organization, any device, scheme, or artifice to defraud or obtain money or property by means of any false, deceptive, or misleading pretense, representation, or promise.
(l) No person, in the course of any solicitation, shall represent that funds collected will be used for a particular charitable purpose, or particular charitable purposes, if the funds solicited are not used for the represented purposes.
(m) No person shall receive compensation from a charitable organization for obtaining moneys or bequests for that charitable organization if that person has also received compensation for advising the donor to make the donation; provided that compensation may be received if the person obtains the written consent of the donor to receive compensation from the charitable organization.
(n) No person shall act as a professional solicitor, charitable fundraising platform, or platform charity if the person, any officer, any person with a controlling interest therein, or any person the professional solicitor, charitable fundraising platform, or platform charity employs, engages, or procures to solicit for compensation, has been convicted by any federal or state court of any felony, or of any misdemeanor involving dishonesty or arising from the conduct of a solicitation for a charitable organization or purpose.
(o) No charitable organization shall use the services of an unregistered professional solicitor, professional fundraising counsel, charitable fundraising platform, or platform charity.
(p) No professional solicitor, who directly or indirectly sells any donated non-perishable tangible property, shall fail to:
(1) Prominently disclose in writing on any collection bin, container, or receptacle used by a professional solicitor to receive donated non-perishable tangible property that:
(A) The bin, container, or receptacle is operated and used by a paid professional solicitor;
(B) The professional solicitor resells the donated property at retail stores and that a charitable organization is either paid a percentage of the sale proceeds or an amount based on the weight of the donated tangible property, whichever is applicable;
(C) Donated non-perishable tangible property is not a tax-deductible charitable contribution under the Internal Revenue Code of 1986, as amended, if applicable;
(D) The professional solicitor is registered with the attorney general; and
(E) The professional solicitor's registration form and contracts with the charity benefited by the collection is available for public inspection and copying;
(2) Provide complete and timely payment of the amount owed to a charitable organization within forty-five days after the sale of non-perishable tangible property;
(3) Provide complete and timely annual financial reports to the charitable organization and the attorney general, as required by section 467B-6.5; and
(4) Include in the contract with the charitable organization the terms required by section 467B-12.5."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2026.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Charitable Solicitation; Professional Solicitors; Regulation
Description:
Requires professional solicitors operating public collection receptacles to solicit donations of non-perishable tangible property who later re-sell the items to deposit funds with charitable organizations within a specified timeframe, provide certain information in financial reports, and prominently disclose certain information on collection receptacles.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jun 9, 2026 | Act 112, on 06/08/2026 (Gov. Msg. No. 1212). |
| Jun 9, 2026 | Act 112, 06/08/2026 (Gov. Msg. No. 1212). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 29, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26 |
| Apr 29, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 66-26). |
| Apr 29, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| Apr 29, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 66-26) as amended in (CD 1). |
| Apr 29, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Ilagan, Matayoshi, Miyake, Tam, Gedeon; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 29, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) Keohokalole, Rhoads; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 28, 2026 | Bill scheduled for Conference Committee Meeting on Wednesday, 04-29-26 1:30PM in conference room 224. |
| Apr 23, 2026 | Received notice of Senate conferees (Sen. Com. No. 725). |
| Apr 22, 2026 | Senate Conferees Appointed: Keohokalole Chair; Rhoads Co-Chair; Awa. |
| Apr 21, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 799). |
| Apr 21, 2026 | House Conferees Appointed: Ilagan, Matayoshi Co-Chairs; Miyake, Tam, Gedeon. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 625) in amended form (SD 2). |
| Apr 14, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 10, 2026 | Reported from JDC (Stand. Com. Rep. No. 3802) with recommendation of passage on Third Reading, as amended (SD 2). |
| Apr 7, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 1, 2026 | The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference. |
| Mar 30, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Mar 30, 2026 | Reported from CPN (Stand. Com. Rep. No. 3323) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Mar 18, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 5 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 13, 2026 | The committee(s) on CPN has scheduled a public hearing on 03-18-26 9:30AM; Conference Room 229 & Videoconference. |
| Mar 12, 2026 | Referred to CPN, JDC. |
| Mar 12, 2026 | Passed First Reading. |
| Mar 12, 2026 | Received from House (Hse. Com. No. 291). |
| Mar 10, 2026 | Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Kong, Pierick excused (2). Transmitted to Senate. |
| Mar 6, 2026 | Forty-eight (48) hours notice Tuesday, 03-10-26. |
| Mar 6, 2026 | Reported from CPC (Stand. Com. Rep. No. 1041-26) as amended in HD 2, recommending passage on Third Reading. |
| Feb 26, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Lowen, Tam; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Iwamoto, Marten, Pierick. |
| Feb 24, 2026 | Bill scheduled to be heard by CPC on Thursday, 02-26-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Feb 17, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lee, M., Poepoe excused (3). |
| Feb 17, 2026 | Reported from ECD (Stand. Com. Rep. No. 296-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC. |
| Jan 30, 2026 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and Excused: none. |
| Jan 26, 2026 | Bill scheduled to be heard by ECD on Friday, 01-30-26 10:00AM in House conference room 423 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to ECD, CPC, referral sheet 1 |
| Jan 23, 2026 | Introduced and Pass First Reading. |
| Jan 22, 2026 | Pending introduction. |
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Date
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Description
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Location
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Votes
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| May 6, 2026 | Final Reading | House Floor |
Passed |
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| May 6, 2026 | Final Reading | Senate Floor |
Passed |
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| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
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| Apr 7, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Mar 18, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
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| Mar 10, 2026 | Third Reading | House Floor |
Passed |
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| Feb 26, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
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| Jan 30, 2026 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Economic Development & Technology |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Aloha United Way | *** Support | Mar 18, 2026 |
| Ashford + Wriston LLP | *** Support | Mar 18, 2026 |
| Big Brothers Big Sisters Hawaii, Inc. | ** Support | |
| Goodwill Hawaii | *** Support | Apr 6, 2026 |
| Hawai‘i Alliance of Nonprofit Organizations | *** Support | Mar 18, 2026 |
| National Kidney Foundation of Hawaiʻi | *** Support | Mar 18, 2026 |
| Retail Merchants of Hawaiʻi | *** Support | Apr 6, 2026 |
| YWCA Oʻahu | *** Support | Mar 18, 2026 |
STAND. COM. REP. NO. 1041-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1810
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1810, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CHARITABLE SOLICITATION,"
begs leave to report as follows:
The purpose of this measure is to, beginning January 1, 2027, update the charitable solicitations laws by:
(1) Clarifying that the charitable solicitations laws apply to the collection of and solicitation for non-perishable tangible property;
(2) Requiring prompt payment and financial reporting from professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organizations; and
(3) Requiring professional solicitors to make certain disclosures, including through the posting of a sign.
Your Committee received testimony in support of this measure from the Hawaiʻi Alliance of Nonprofit Organizations; Goodwill Hawaii; Retail Merchants of Hawaiʻi; and Aloha United Way.
Your Committee finds that many nonprofit organizations and thrift retailers rely on donated goods to fund job training and community services. When donation collection operators suggest that donated or collected goods will benefit a charitable organization, but only a small portion of the proceeds actually reaches the charitable organization, it can mislead donors and reduce support for legitimate charitable efforts. This measure ensures greater transparency around donations, which will benefit donors, strengthen trust in the nonprofit sector, and support the integrity of charitable giving in the State.
Your Committee has amended this measure by:
(1) Deleting language requiring a professional solicitor to display a sign that states, by percentage, how much of the donated or collected goods are donated to charitable organizations; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1810, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1810, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ SCOT Z. MATAYOSHI, Chair |
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STAND. COM. REP. NO. 296-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1810
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Economic Development & Technology, to which was referred H.B. No. 1810 entitled:
"A BILL FOR AN ACT RELATING TO CHARITABLE SOLICITATION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish prompt payment and financial reporting requirements for professional solicitors that sell donated or collected non-perishable tangible property on behalf of charitable organization; and
(2) Prohibit professional solicitors that sell donated or collected non-perishable tangible property from failing to comply with prompt payment, financial reporting, and contract term requirements or prominently disclose certain information on any collection bin, container, or receptacle used to receive donated property.
Your Committee received testimony in support of this measure from the Hawaiʻi Alliance of Nonprofit Organizations; Goodwill Hawaii; Big Brothers Big Sisters Hawaii, Inc.; Aloha United Way; National Kidney Foundation; and one individual. Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that individuals who donate tangible property using collection bins may believe that the property is donated directly to charitable organizations and that their donations may entitle them to federal income tax deductions. Your Committee further finds that some entities operating collection bins on behalf of charitable organizations will pay the organizations based on the weight of the donated items received and then resell the donated items at for-profit retail locations, leaving only a small fraction of the proceeds advertised to donors on the collection bins. This measure ensures that funds from the donation of tangible property are provided to charitable organizations in a timely manner and increases transparency requirements for professional solicitors to ensure donors have clear and accurate information regarding the charitable missions they support.
Your Committee has amended this measure by:
(1) Requiring professional solicitors to visibly display a sign that states the percentage of non-perishable tangible property that is donated to charitable organizations;
(2) Requiring the amended definitions for "contribution" and "solicitation", as well as certain deposit and reporting requirements to take effect January 1, 2027;
(3) Changing its effective date to July 1, 3000, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee respectfully requests your Committee on Consumer Protection & Commerce, should it deliberate on this measure, to consider adding an appropriation to provide additional staffing and resources to the Department of the Attorney General to address the anticipated increase in reporting review and enforcement workload as a result of this measure.
As affirmed by the record of votes of the members of your Committee on Economic Development & Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1810, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1810, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,
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____________________________ GREGGOR ILAGAN, Chair |
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Date
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Testimony PDF
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|---|---|
| Apr 6, 2026 | HB1810_SD1_TESTIMONY_JDC_04-07-26_.PDF |
| Mar 18, 2026 | HB1810_HD2_TESTIMONY_CPN_03-18-26_.PDF |
| Feb 26, 2026 | HB1810_HD1_TESTIMONY_CPC_02-26-26_.PDF |
| Jan 30, 2026 | HB1810_TESTIMONY_ECD_01-30-26_.PDF |
Discussed in Hearing
2MIN
Conference Committee
3MIN
Senate Standing Committee on Commerce and Consumer Protection
3MIN
House Standing Committee on Consumer Protection & Commerce
33SEC
House Standing Committee on Consumer Protection & Commerce
4MIN
