Bill Text: HI SB2809 | 2016 | Regular Session | Introduced
Bill Title: Protection of Charitable Assets
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to JDL, WAM. [SB2809 Detail]
Download: Hawaii-2016-SB2809-Introduced.html
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THE SENATE |
S.B. NO. |
2809 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE PROTECTION OF CHARITABLE ASSETS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 28-5.2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§28-5.2[]]
Protection of charitable assets; attorney general's authority. (a) The
attorney general shall represent the public interest in the protection of
charitable assets and may:
(1) Enforce the application of a charitable asset in accordance with:
(A) The law and terms governing the use, management, investment, distribution, and expenditure of the charitable asset; and
(B) The charitable purpose of the person holding the asset;
(2) Act to prevent or remedy:
(A) The misapplication, diversion, or waste of a charitable asset; or
(B) A breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; or
(3) Commence or intervene in an action to:
(A) Prevent, remedy, or obtain damages for:
(i) The misapplication, diversion, or waste of a charitable asset; or
(ii) A breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; or
(B) Determine that an asset is a charitable asset.
(b) If the attorney general has reason to believe an investigation is necessary to determine whether action is advisable under this section, the attorney general may conduct an investigation, including exercising administrative subpoena power under sections 28-2.5 and 467B-9.3.
(c) This section shall not limit the powers and duties of the attorney general under the laws of this State.
(d) As used in this section "charitable asset" means property that is given, received, or held for a charitable purpose. The term does not include property acquired or held for a for-profit purpose.
(e) As used in this section, "property" includes all interests in real property or tangible or intangible personal property, including cash, remainder interests, land, and conservation or preservation easements or restrictions. The remainder interest in a charitable remainder trust is property held for a charitable purpose, as is the current interest in a charitable lead trust, property held for ten years in a building fund, and property given to a charitable organization subject to a restriction on its use. Property held in a revocable trust that provides a remainder interest for a charitable purpose is not a charitable asset while the settlor is alive because the settlor can revoke or change the interest."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Protection of Charitable Assets
Description:
Defines "property" as used in section 28-5.2, Hawaii Revised Statutes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
