RELATING TO GAMBLING ENFORCEMENT.

SB3281

THE SENATE

S.B. NO.

3281

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO GAMBLING ENFORCEMENT
.

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

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SECTION 1.
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The
legislature finds that illegal electronic gambling devices commonly known as "fish
games," "fish tables," or "fishing games," along with sweepstakes
gambling machines and similar devices, have proliferated across communities in
the State.
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These devices operate outside
any lawful gambling framework and generate significant concerns about public
safety, consumer protection, and organized crime.

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The legislature also finds that these devices
are frequently misrepresented as games of skill or amusement but actually function
as gambling devices.
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The devices award items
of value based on chance, or a combination of chance and skill, and are often
associated with money laundering, narcotics trafficking, and other criminal
enterprises.

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The legislature recognizes that illegal
electronic gambling operations frequently resume following any enforcement
actions unless the operations are subjected to ongoing compliance monitoring or
closed.
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Post-violation monitoring,
padlock orders, and extended closure remedies are necessary to prevent
recurrence and to protect public safety.

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The legislature believes that there is a
need for the State to safeguard communities against illegal electronic gambling
devices, impose duties on operators and complicit property owners, and to protect
the constitutional property rights of noncomplicit owners of premises on which illegal
electronic gambling devices have allegedly been used.

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Accordingly, the purpose of this Act is to:

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(1)
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Establish
the criminal offense of promoting an illegal electronic gambling device; and

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(2)
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Authorize
civil penalties and actions relating to the premises on which illegal
electronic gambling devices have been used.

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SECTION 2.
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Chapter 712, Hawaii Revised Statutes, is amended by adding a new section
to part III to be appropriately designated and to read as follows:

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�712-A
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Promoting an illegal electronic gambling
device.
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(1)
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A person commits the offense of promoting an
illegal electronic gambling device if the person possesses, operates, displays,
manufactures, sells, leases, distributes, or permits on the person's premises
the operation of any illegal electronic gambling device.

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(2)
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A device shall not be excluded from the
application of this section solely because the device includes an element of
skill, requires user interaction, or does not directly dispense cash.

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(3)
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Promoting an illegal electronic gambling
device is a class C felony.

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(4)
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For the purposes of this section, "illegal
electronic gambling device" means any machine; table; device commonly
known as a fish game, fish table, or fishing game; sweepstakes gaming machine;
or a similar electronic gambling device that awards or allows the exchange of
points, credits, tokens, prizes, merchandise, gift cards, cash equivalents, or
anything of value based in whole or in part upon chance or a combination of
chance and skill.
"

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SECTION 3.
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Chapter 712, Hawaii Revised Statutes, is amended by adding three new
sections to part V to be appropriately designated and to read as follows:

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�712-B
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Illegal electronic gambling devices;
public nuisance.
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(1)
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Any building, structure, or premises that is knowingly used for the
operation of an illegal electronic gambling device is a public nuisance.

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(2)
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The attorney general, any county prosecuting
attorney, any county police chief, or the director of law enforcement may bring
a civil action in circuit court to abate the nuisance and seek:

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(a)
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An
injunction;

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(b)
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Closure
of the building, structure, or premises for up to one year;

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(c)
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Prohibitions
on illegal gambling;

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(d)
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Civil
penalties; and

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(e)
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Recovery
of enforcement costs.

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(3)
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For purposes of this section, "illegal electronic gambling
device" has the same meaning as defined in section 712‑A(4).

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�712-C
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Illegal electronic gambling devices; owner,
lessor, sublessor, or property manager liability.
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(1)
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No owner, lessor, sublessor, or property
manager of any premises shall knowingly permit the operation of an illegal
electronic gambling device on the premises.

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(2)
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Upon receiving from law enforcement any
written or oral notice of the use of an illegal electronic gambling device on the
premises, the owner, lessor, sublessor, or property manager shall:

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(a)
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Issued
a written demand to cease the illegal activity;

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(b)
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Terminate
the lease for the premises or commence eviction proceedings, if applicable and to
the extent permitted by law;

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(c)
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Deny
access to the premises for any purpose relating to the use of an illegal
electronic gambling device; and

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(d)
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Cooperate
with any law enforcement investigation.

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(3)
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The attorney general, any county prosecuting
attorney, any county police chief, or the director of law enforcement may bring
a civil action in circuit court to enforce this section and may seek injunctive
relief, civil penalties, and any other relief
authorized
by law.

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(4)
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Any person that fails to take the actions
required pursuant to subsection (2) shall:

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(a)
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Pay
a civil penalty of no more than $25,000 per violation; and

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(b)
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Be
subject to an action for nuisance abatement.

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(5)
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For any premise on which the use or
operation of an illegal electronic gambling
device has occurred more than once in any twelve-month period
, the
attorney general, any county prosecuting
attorney, any county police chief, or the director of law enforcement may seek:

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(a)
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A
judicial order requiring the premises to be locked for any duration that does not
constitute a taking under constitutional law; provided that the duration shall
not exceed twenty months, unless the court determines that the premises are a
chronic nuisance, in which case the duration shall not exceed thirty-six
months;

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(b)
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A
receivership;

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(c)
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An
extended closure; or

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(d)
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Other
enhanced remedies.

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(6)
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For purposes of this section, "illegal electronic gambling
device" has the same meaning as defined in section 712‑A(4).

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�712-D
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Compliance inspections following illegal
electronic gambling device violations.
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(1)
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Upon a finding that the use of an illegal
electronic gambling device has occurred on any premises:

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(a)
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The
court may require the premises be subjected to compliance inspections, for no
longer than twelve months;

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(b)
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Authorities
may conduct reasonable inspections of areas related to illegal gaming; provided
that the inspections shall be:

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(i)
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Limited in scope and consistent with
constitutional law; and

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(ii)
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Conducted pursuant to court order and shall
not require a separate warrant.

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(2)

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If any person refuses to permit the
inspections authorized pursuant to subsection (1)(b):

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(a)
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The
person shall be subject to contempt proceedings; and

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(b)
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The

attorney general, any county
prosecuting attorney, any county police chief, or the director of law
enforcement may pursue enhanced remedies.

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(3)
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For purposes of this section, "illegal electronic gambling
device" has the same meaning as defined in section 712‑A(4).
"

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SECTION 4.
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In codifying the new sections added by sections 2 and 3 of this Act, the
revisor of statutes shall substitute appropriate section numbers for the
letters used in designating the new sections in this Act.

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SECTION 5.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 6.
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New statutory material is underscored.

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SECTION 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Hawaii
Penal Code; Gambling; Illegal Electronic Gambling Devices

Description:

Establishes
the criminal offense of promoting an illegal electronic gambling device.
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Authorizes civil penalties and actions
relating to premises on which an illegal electronic gambling device has been
used.

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