THE SENATE |
S.B. NO. |
3200 |
THIRTY-SECOND LEGISLATURE, 2024 |
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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 and may contract with a third-party
administrator pursuant to subsection (i) to operate and manage the rebate
program.
(b) An applicant may be eligible for a rebate
under the rebate program if the applicant installs a smoking sensor to detect
smoking within smoking-prohibited areas.
(d) The department shall not issue more than
$ in total rebates
under this section each fiscal year; provided that the tobacco prevention and
control trust fund pursuant to section 328L-5(c) contains sufficient funds to
pay the rebates. The department shall
not be liable to pay any refund if sufficient funds are unavailable. The department shall allow valid claims filed
by eligible applicants for whom sufficient funds may not be immediately
available to receive a rebate as funds may be 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. 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 wi-fi technology."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
DOH; Smoking; Smoking Sensor; Rebate Program; Hawaii Tobacco Prevention and Control Trust Fund
Description:
Establishes under the Department of Health a Smoking Sensor Rebate Program, which offers a rebate for installation of smoking sensors to detect smoking within smoking-prohibited areas.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.