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The Honolulu Advertiser
Posted on: Tuesday, September 18, 2007

State law is needed to regulate charities

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Generosity has long been a part of our culture in the aloha state — evidenced by the hundreds of millions of dollars donated to Hawai'i charities each year.

Unfortunately, becoming a donor takes more than generosity. It takes trust. Through a series of reports, Advertiser writer Rob Perez uncovered a system that is unregulated, and, in essence, ripe for abuse.

Due to failed attempts at the Legislature, Hawai'i remains one of only 11 states in the nation that do not require charities to register.

Nonprofit representatives argue that regulations would put "unreasonable burdens" on them. They also argue that Hawai'i nonprofits have done a good job of protecting donor interest, despite several incidents including the Salvation Army, a Waipahu charity and a soccer league.

Still, with no statewide financial safeguards in place, there's no way of knowing how many charities have strayed from their stated missions unless complaints are made. And the problem is not so much what has happened, but what can happen if the system remains unregulated.

Local residents donated $430 million to charities in 2001 alone. Indeed, the stakes are high.

Only one person at the state attorney general's office deals with charity oversight. But that oversight is extremely limited. Under federal law, the AG's office is only authorized to oversee private foundations, which make up a mere 10 percent of the charitable organizations in the state.

State legislators had two chances to fix this gaping hole in the system in 2001 and 2002, when the AG's office proposed two charity-registration bills.

After the first failed, the second bill was watered down to one mere mandate: Charities must submit a copy of their federal tax returns every year. Still, the bill was killed.

The boards of many of Hawai'i's most prominent charities are made up of the state's movers and shakers, including state legislators.

But prominent players shouldn't trump public interest. Let's not forget, these charities depend on the kindness of strangers.

Such generosity should be rewarded with protection. Legislators must provide safeguards so that residents can rely on laws, not blind faith, when donating to their favorite charities.