Bill Text: HI HB2276 | 2024 | Regular Session | Amended

Hawaii House Bill 2276

Bill Title: Relating To Smoking.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-02-15 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Garrett, Matayoshi, Perruso, Sayama, Takayama excused (5). [HB2276 Detail]

Download: Hawaii-2024-HB2276-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2276
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SMOKING.

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

SECTION 1. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§328J- Smoking sensor rebate program. (a) The department shall administer a rebate program that incentivizes the installation of smoking sensors.

(b) An applicant may be eligible for a rebate under the rebate program if the applicant installs a smoking sensor that can detect a smoking incident within smoking-prohibited areas.

(c) Each eligible installation of a smoking sensor shall receive a rebate of either per cent of the retail cost of the smoking sensor or $ , whichever is less; provided that no individual shall receive more than $ in total rebates each fiscal year.

(d) The department may issue rebates under this section if sufficient funds are available in the tobacco prevention and control trust fund pursuant to section 328L-5(c) and shall not be required to pay any refund if sufficient funds are not available. The department shall not issue more than $ in total rebates under this section each fiscal year. The department shall allow valid claims filed by eligible applicants for whom sufficient funds may not be immediately available to receive a rebate if funds become available in a subsequent year.

(e) The department shall:

(1) Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and

(2) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to documentation necessary to demonstrate that the installation for which the rebate is claimed is eligible.

(f) This section shall apply to smoking sensors installed after , 2024.

(g) Applicants shall submit applications to the department within of the date that the newly installed smoking sensor is placed into service to claim a rebate from the smoking sensor rebate program. Failure to apply to the department within of the date that the newly installed smoking sensor is placed into service shall constitute a waiver of the right to claim the rebate. Rebates shall be subject to available funds, and the program administrator shall not approve additional rebates for the remainder of the fiscal year after program funds have been fully exhausted.

(h) Nothing in this section shall alter taxes due on the original purchase of a smoking sensor that is the subject of the rebate. Any rebate received pursuant to this section shall not be considered income for the purposes of state or county taxes.

(i) The department may contract with a third-party administrator to operate and manage the smoking sensor rebate program. The third-party administrator shall not be deemed to be a governmental body as defined in section 103D-104; provided that all moneys transferred to the third-party administrator shall have been appropriated by the legislature or shall be from moneys provided by the federal government or private funding sources. The third-party administrator shall not expend more than per cent of the amounts appropriated for the rebate program, or any other reasonable percentage determined by the department, for administration of the smoking sensor rebate program.

(j) For purposes of this section, "smoking sensor" means a device that monitors and immediately detects smoking within a specified area and sends a location-specific alert and a timestamped scientific report of the smoking incident to the user using wireless communication technology."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 3000.

Report Title:

DOH; Smoking; Smoking Sensor; Rebate Program; Hawaii Tobacco Prevention and Control Trust Fund

Description:

Establishes a Smoking Sensor Rebate Program under the Department of Health to offer a rebate for installation of smoking sensors that can detect a smoking incident within smoking-prohibited areas. Effective 7/1/3000. (HD1)

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