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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2276 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SMOKING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§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.
(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.