CONFERENCE COMMITTEE REP. NO. 51-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 2197

H.D. 1

S.D. 1

C.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2197, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GAMBLING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to amend:

(1) The requisite state of mind for promoting gambling in the first and second degree to recklessness and negligence, respectively;

(2) The offenses of promoting gambling in the first and second degree to a class B felony and class C felony, respectively; and

(3) The definition of "advance gambling activity" to repeal playing or participating in any form of gambling activity.

Your Committee on Conference has amended this measure by:

(1) Deleting language that would have made the offense of promoting gambling in the second degree subject to repeat offender sentencing provisions;

(2) Amending the offense of gambling to repeal advancing any gambling activity;

(3) Excluding the offenses of promoting gambling in the first and second degree from qualifying for deferred acceptance of guilty plea or nolo contendere plea; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2197, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2197, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ KARL RHOADS Chair

____________________________ SCOT Z. MATAYOSHI Chair