THE SENATE	S.B. NO.	636
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to gambling offenses.

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

     SECTION 1.  The legislature finds that a number of businesses in the State are selling items and services that allow patrons to engage in activities that, without the ostensibly legal transaction between the customer and establishment where money is exchanged, would otherwise constitute gambling.  The Honolulu police department has found that customers of businesses engaged in these enterprises are often unaware of, or completely disregard, the items or services that are the purported basis for transacting business with the establishment.  The legislature finds that the intent of businesses engaging in these activities is to promote gambling.

     The purpose of this Act is to clarify actions that constitute gambling in part III of chapter 712, Hawaii Revised Statutes, relating to gambling offenses.

     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 person "advances gambling activity" if [he] the person 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.

     [(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.

     [(4)]  "Gambling".  A person engages in gambling if [he] the person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under [his] the person's control or influence, 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:

(a) Includes the use of any gambling device that is incidentally offered for use at no additional charge to a person who purchases other goods or services; and

(b)   [does] 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]:

(a) Used or usable in 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,]; or

    (b)   Available to play or operate a contest of chance upon payment of something of value, including the purchase of goods or services incidental to play or operation of the machine, and which may deliver or entitle the person playing or operating the machine to a payout of anything of value, whether the payout is made automatically by the machine or in any other manner; provided that lottery tickets and other items used in the playing phases of lottery schemes are not gambling devices within this definition.

     [(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.

     [(9)]  "Profit from gambling activity".  A person "profits from gambling activity" if [he] the person accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.

     [(10)]  "Social gambling" is 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 purchase of an item or service which entitles a person to participate in a gambling scheme or use a gambling device, 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 upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Gambling; Incidental Goods and Services

Description:

Amends various definitions under the gambling offenses statute to clarify that gambling includes the use of a gambling device that is incidentally offered for use at no additional charge to a person who purchases other goods or services.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.