SB2436 • 2026

RELATING TO CHARITABLE SOLICITATION.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: WAKAI, CHANG, KEOHOKALOLE, LEE, C.
Last action: 2026-03-24
Official status: 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) Garrett, Quinlan excused (2).
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO CHARITABLE SOLICITATION.

What This Bill Does

RELATING TO CHARITABLE SOLICITATION.
Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Disclosures; Payment; Financial Reports 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 property; comply with prompt payment and financial reporting requirements; and include certain terms in contracts with charitable organizations.
Effective 7/1/3000.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: SB2436 HD1 THE SENATE S.B.

SB2436 HD1 THE SENATE S.B.
NO.
2436 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB2436 SD1 THE SENATE S.B.

SB2436 SD1 THE SENATE S.B.
NO.
2436 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CHARITABLE SOLICITATION .

SD2

Hawaii published version SD2

Plain English: SB2436 SD2 THE SENATE S.B.

SB2436 SD2 THE SENATE S.B.
NO.
2436 THIRTY-THIRD LEGISLATURE, 2026 S.D.
2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CHARITABLE SOLICITATION .

Bill History

2026-03-24 H
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) Garrett, Quinlan excused (2).
2026-03-24 H
Reported from ECD (Stand. Com. Rep. No. 1327-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
2026-03-20 H
The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Ilagan, Hussey, Tam, Templo, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and Excused: none.
2026-03-16 H
Bill scheduled to be heard by ECD on Friday, 03-20-26 9:30AM in House conference room 423 VIA VIDEOCONFERENCE.
2026-03-12 H
Referred to ECD, CPC, referral sheet 17
2026-03-12 H
Pass First Reading
2026-03-10 H
Received from Senate (Sen. Com. No. 240) in amended form (SD 2).
2026-03-10 S
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.
2026-03-06 S
48 Hrs. Notice 03-10-26.
2026-03-06 S
Reported from JDC (Stand. Com. Rep. No. 3079) with recommendation of passage on Third Reading, as amended (SD 2).
2026-02-27 S
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-02-23 S
The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
2026-02-12 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.
2026-02-12 S
Reported from CPN (Stand. Com. Rep. No. 2228) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
2026-02-03 S
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.
2026-01-30 S
The committee(s) on CPN has scheduled a public hearing on 02-03-26 9:31AM; Conference Room 229 & Videoconference.
2026-01-28 S
Referred to CPN, JDC.
2026-01-22 S
Passed First Reading.
2026-01-22 S
Introduced.

Official Summary Text

RELATING TO CHARITABLE SOLICITATION.
Charitable Solicitation; Professional Solicitors; Non-Perishable Tangible Property; Donations; Disclosures; Payment; Financial Reports
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 property; comply with prompt payment and financial reporting requirements; and include certain terms in contracts with charitable organizations. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

SB2436

THE SENATE

S.B. NO.

2436

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to charitable solicitation
.

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

����
SECTION 1.
�
The legislature finds that individuals who
donate tangible property using collection bins or receptacles may reasonably
believe that the tangible property is donated directly to charitable
organizations, and may also reasonably believe they are entitled to a federal
income tax credit deduction for the value of the donated property.

����
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

fina
n
cial

report
required by subsection (a)
to

be

s
ubmitted

electr
o
nically
and

m
a
y

require

the

use

of

electronic

sig
n
at
u
res.

�
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.

INTRODUCED BY:

_____________________________

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.