Bill Text: HI SB4 | 2011 | Regular Session | Amended
Bill Title: Gambling; Lottery; Sweepstakes
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2011-03-18 - (H) Re-referred to ERB/JUD, FIN referral sheet 41 [SB4 Detail]
Download: Hawaii-2011-SB4-Amended.html
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THE SENATE |
S.B. NO. |
4 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GAMBLING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part III, to be appropriately designated and to read as follows:
"§712- Free play not a defense; when. It shall not be a defense to an offense charged under this part that free play was offered, if the free play was offered by mail or electronic communication as an alternative to play via purchase of:
(a) An item that is not bona fide or is offered at a price that is disproportionate to the value of the item purchased; or
(b) A chance to win if the free play by mail or electronic communication is offered from a pool different from the pool from which the chance to win via purchase is drawn."
SECTION 2. Section 712-1220, Hawaii Revised Statutes, is amended to read as follows:
"§712-1220 Definitions of terms in this part. In this part unless a different meaning plainly is required, the following definitions apply.
[(1)] "Advance gambling
activity"[. A] means a person ["advances gambling
activity" if he] who engages in conduct that materially aids
any form of gambling activity. Conduct of this nature includes but is not
limited to conduct directed toward the creation or establishment of the
particular game, contest, scheme, device, or activity involved, toward the
acquisition or maintenance of premises, paraphernalia, equipment, or apparatus
therefor, toward the solicitation or inducement of persons to participate
therein, toward the actual conduct of the playing phases thereof, toward the
arrangement of any of its financial or recording phases, or toward any other
phase of its operation. A person advances gambling activity if, having
substantial proprietary control or other authoritative control over premises
being used with [his] the person's knowledge for purposes of
gambling activity, [he] the person permits that activity to occur
or continue or makes no effort to prevent its occurrence or continuation. A
person advances gambling activity if [he] the person plays or
participates in any form of gambling activity. Conduct that advances
gambling activity under this definition is not rendered otherwise by the fact
that free play is offered by mail as an alternative to play via purchase
of:
(a) An item that is not bona fide or is offered at a price that is disproportionate to the value of the item purchased; or
(b) A chance to win if the free play by mail or electronic communication is offered from a pool different from the pool from which the chance to win via purchase is drawn.
[(2)] "Bookmaking" means
advancing gambling activity by accepting bets from members of the public upon
the outcomes of future contingent events.
[(3)] "Contest of chance"
means any contest, game, gaming scheme, or gaming device in which the outcome
depends in a material degree upon an element of chance, notwithstanding that
skill of the contestants may also be a factor therein.
"Free play" means the availability to a player of a free alternative method of playing a game or engaging in gambling without staking or risking something of value or purchasing a product or chance.
[(4)] "Gambling"[. A
person engages in gambling if he stakes or risks] means staking or
risking something of value upon the outcome of a contest of chance or a
future contingent event not under [his] the control or influence[,]
of the person making the stake or risk, upon an agreement or
understanding that [he] the person or someone else will receive
something of value in the event of a certain outcome. Gambling does not
include bona fide business transactions valid under the law of contracts,
including but not limited to contracts for the purchase or sale at a future
date of securities or commodities, and agreements to compensate for loss caused
by the happening of chance, including but not limited to contracts of indemnity
or guaranty and life, health, or accident insurance.
[(5)] "Gambling device" means
any device, machine, paraphernalia, or equipment that is used or usable in the
playing phases of any gambling activity, whether that activity consists of
gambling between persons [or], gambling by a person involving the
playing of a machine[. However, lottery tickets and other items used in the
playing phases of lottery schemes are not gambling devices within this
definition.], or a lottery.
[(6)] "Lottery" means a
gambling scheme in which:
(a) The players pay or agree to pay something of
value for chances, represented and differentiated by numbers or by combinations
of numbers or by some other medium, one or more of which chances are to be
designated the winning ones; [and]
(b) The winning chances are to be determined by a drawing or by some other method based on an element of chance; and
(c) The holders of the winning chances are to receive something of value.
[(7)] "Mutuel" means a form
of lottery in which the winning chances or plays are not determined upon the basis
of a drawing or other act on the part of persons conducting or connected with
the scheme, but upon the basis of the outcome or outcomes of a future
contingent event or events otherwise unrelated to the particular scheme.
[(8)] "Player" means a person
who engages in gambling solely as a contestant or bettor.
"Pool" means the entry group from which a winner or winners are selected.
[(9)] "Profit from gambling
activity"[. A] means a person ["profits from
gambling activity" if he] who accepts or receives money or
other property pursuant to an agreement or understanding with any person
whereby [he] the person participates or is to participate in the
proceeds of gambling activity.
[(10)] "Social gambling" [is]
means the same as defined in section 712-1231.
[(11)] "Something of value"
means any money or property, any token, object, or article exchangeable for
money or property, or any form of credit or promise directly or indirectly
contemplating transfer of money or property or of any interest therein, or
involving extension of a service or entertainment."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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 section 1 shall take effect on January 1, 2013.
Report Title:
Gambling; Lottery; Sweepstakes
Description:
Amends definition of advance gambling activity to clarify that purchase of sweepstakes entry that also provides nominal non-gambling value advances gambling even if sweepstakes entry can be obtained without payment of consideration. Eliminates free play, beginning 01/01/2013, as a defense under certain circumstances. 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.
