Hawaii 2022 Regular Session

Hawaii Senate Bill SB3044

Introduced
1/26/22  
Refer
1/26/22  
Report Pass
2/14/22  
Refer
2/14/22  
Report Pass
3/4/22  
Engrossed
3/8/22  
Refer
3/10/22  
Report Pass
3/23/22  
Refer
3/23/22  
Report Pass
4/8/22  
Enrolled
4/19/22  
Chaptered
6/17/22  

Caption

Relating To Tobacco Manufacturer Qualified Escrow Funds.

Impact

This legislation particularly impacts the provisions that govern how tobacco manufacturers handle their financial obligations under state law. By enabling the State to claim these funds and handle them accordingly, SB3044 aims to improve the management and accountability related to tobacco-related fiscal responsibilities. Funds that have been assigned to the State can be utilized for public health programs, tobacco cessation efforts, or other state initiatives intended to reduce tobacco use and its associated societal costs.

Summary

Senate Bill 3044, also known as the Tobacco Manufacturer Qualified Escrow Funds Act, introduces significant changes to the handling of qualified escrow funds by tobacco manufacturers in Hawaii. The bill allows tobacco product manufacturers to assign their interest in any moneys in the qualified escrow fund to the State of Hawaii permanently and irrevocably. This includes all funds deposited into the escrow fund, irrespective of the timing of the deposits, and ensures that the funds are directed towards the Hawaii tobacco settlement special fund.

Sentiment

The general sentiment surrounding SB3044 has been largely positive among health advocates and public policy officials. Supporters argue that it represents a progressive step towards ensuring that tobacco manufacturers fulfill their financial obligations while providing the State with additional resources to combat tobacco use. However, there may be some concerns from tobacco industry stakeholders regarding the implications of increased regulatory oversight and the potential financial burden they might face under this new framework.

Contention

One notable point of contention lies in the language of the bill that also facilitates the State's ability to petition for the transfer of funds deemed abandoned by manufacturers. This raises potential conflicts regarding the rights of manufacturers versus the State's interests in maintaining regulatory compliance. Critics argue that such provisions could result in an overreach by the State, whereas supporters assert that it is a necessary mechanism to prevent tobacco manufacturers from evading financial obligations.

Companion Bills

HI HB2076

Same As Relating To Tobacco Manufacturer Qualified Escrow Funds.

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