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2021 Hawaii Revised Statutes
Title 25. Professions and Occupations
467B. Solicitation of Funds from the Public
- 467B-1 Definitions.
- 467B-1.5 Professional solicitors; required disclosures. (a) Every professional solicitor, and every employee or agent thereof, who solicits contributions from a prospective donor or contributor in this State shall at the outset of any oral or written request for a contribution: (1) Identify themselves by their true surname and first name, and the name of their employer or the contractor as the case may be, that is compensating the individual making the solicitation; (2) Identify the name of the professional solicitor registered with the department of the attorney general that has contracted with the charitable organization to provide the solicitation services and, if the individual is employed by a subcontractor, the name of the registered subcontractor; (3) Disclose that the person making the oral or written request for a donation is being paid to make such solicitation and the name of the charitable organization on whose behalf the person making the request is soliciting; and (4) Disclose, orally and in writing, the fact that a copy of the professional solicitor's registration data and financial reports are available from the department of the attorney general. (b) A professional solicitor who makes an oral solicitation by telephone, door-to-door, or otherwise, prior to collecting or attempting to collect any contribution, shall provide a written confirmation of the expected contribution and clearly disclose that the contribution is not tax-deductible, if applicable, or, if the professional solicitor maintains that the contribution is tax-deductible in whole or in part, the portion of the contribution that the professional solicitor maintains is tax-deductible. The written confirmation shall also conspicuously disclose the name and current address of the registered professional solicitor. [L 2006, c 168, §1; am L 2016, c 163, §2]
- 467B-2 REPEALED.
- 467B-2.1 Registration of charitable organizations; deactivation.
- 467B-2.5 Professional solicitor financial reports; contribution account.
- 467B-3 Reciprocal agreements.
- 467B-4 REPEALED.
- 467B-5 Records to be kept.
- 467B-5.5 Commercial co-venturer's charitable sales promotions.
- 467B-6 REPEALED.
- 467B-6.5 Annual financial reports; fiscal records and fees.
- 467B-7 REPEALED.
- 467B-8 Information filed to become public records.
- 467B-9 Prohibited acts.
- 467B-9.3 Investigations; subpoenas; court orders. (a) The department, on its own motion or upon complaint of any person, may conduct an investigation to determine whether any person has violated or is about to violate any provision of sections 467B-2.1, 467B-6.5, and 467B-9. (b) The attorney general or the attorney general's authorized representative may subpoena documentary material relating to any matter under investigation, issue subpoenas to any person involved in or who may have knowledge of any matter under investigation, administer an oath or affirmation to any person, and conduct hearings on any matter under investigation. (c) If any person fails to obey any subpoena issued by the department pursuant to this section, the department, after notice, may apply to the circuit court for the first circuit, State of Hawaii, for a hearing on the application, and after the hearing, the court may issue an order requiring the person to obey the subpoena or any part of the subpoena together with any other relief as may be appropriate. Any disobedience of any order entered under this section by any court shall be punished as contempt. (d) In any case where the attorney general has authority to institute a civil action or proceeding in connection with the enforcement of this chapter, the attorney general may instead accept an assurance of discontinuance of any act or practice that violates the law from any person engaged in or who has engaged in the act or practice. Assurance accepted under this subsection may include a stipulation for the voluntary payment by the alleged violator of reasonable costs and disbursements incurred by the attorney general during the course of the attorney general's investigation. Evidence of a violation of an assurance shall constitute prima facie evidence of a violation of the applicable law in any civil action or proceeding later commenced by the attorney general. [L 2008, c 174, pt of §2; am L 2011, c 40, §3]
- 467B-9.5 Financial statements.
- 467B-9.6 Enforcement.
- 467B-9.7 Administrative enforcement and penalties.
- 467B-10 Penalties.
- 467B-10.5 Violation as unfair practice.
- 467B-11 REPEALED.
- 467B-11.5 Charitable organizations exempted from registration and financial disclosure requirements. The following charitable organizations shall not be subject to sections 467B-2.1 and 467B-6.5 if the organization submits an application for an exemption to the department and the department approves the organization's application: (1) Any duly organized religious corporation, institution, or society that is exempt from filing Form 990 with the Internal Revenue Service pursuant to section 6033(a)(3)(A)(i) and (iii) and (C)(i) of the Internal Revenue Code, as amended; (2) Parent-teacher associations; (3) Any educational institution that is licensed or accredited by any of the following licensing or accrediting organizations or their successor organizations: (A) Hawaii Association of Independent Schools; (B) Western Association of Schools and Colleges; (C) Middle States Association of Colleges and Schools; (D) New England Association of Schools and Colleges; (E) Higher Learning Commission; (F) Northwest Commission on Colleges and Universities; (G) Southern Association of Colleges and Schools; (H) The National Association for the Education of Young Children; or (I) Cognia; (4) Any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code expressly authorized by, and having an established identity with, an education institution accredited by one of the accrediting agencies as provided in paragraph (3); provided that the organization's solicitation of contributions is primarily directed to the students, alumni, faculty, and trustees of the institutions and their respective families; (5) Any nonprofit hospital licensed by the State or any similar provision of the laws of any other state; (6) Any corporation established by an act of the United States Congress that is required by federal law to submit to Congress annual reports, fully audited by the United States Department of Defense, of its activities, including itemized accounts of all receipts and expenditures; (7) Any agency of this State, another
- 467B-12 Filing requirements for professional fundraising counsel and professional solicitors
- 467B-12.5 Written contracts; filing with attorney general
- 467B-13 Rules.
- 467B-14 REPEALED.
- 467B-15 Solicitation of funds for charitable purposes special fund.
- 467B-16 Service of process; substituted service.
- 467B-17 Administrative enforcement; cease and desist orders
Cross References
Protection of charitable assets; attorney general's authority, see 28-5.2.
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