Report Title:

Gift Cards; Gift Certificates

Description:

Clarifies exemptions to the law governing gift certificates.  (SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2591
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO GIFT CERTIFICATES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 481B-13, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  [Gift certificates that are] This section shall not apply to:

(1) Gift certificates that are issued as part of an awards, loyalty, incentive, rebate, or promotional program, or to a not-for‑profit charity organization, where no money or anything of value is given to the issuer by the consumer in exchange for the gift certificate[, are exempt from this section]; provided that the expiration date, if any, appears on the gift certificate or accompanying printed receipt[.];

(2) A debit card or other legal device used to access a deposit account and that is subject to the Electronic Fund Transfer Act (15 U.S.C. Section 1693 et seq.);

(3) A payroll card issued by an employer to an employee;

(4) A prepaid calling card used to make wireline and wireless calls;

(5) An insurance claim card used to pay an insurance claim;

(6) A government benefit card, including a gift certificate used to pay government benefits to a person;

(7) A transportation card;

(8) An electronic travel card; or

(9) A meal card used to purchase any food or beverage at a restaurant or cafeteria, including restaurants or cafeterias located at a school as defined in section 302A-901, or a college or university."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.