Hawaii 2022 Regular Session

Hawaii Senate Bill SB451 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 451 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE REDUCED IGNITION PROPENSITY CIGARETTE PROGRAM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 451
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO THE REDUCED IGNITION PROPENSITY CIGARETTE PROGRAM.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that Hawaii enacted a reduced ignition propensity cigarette law effective on September 30, 2009. As stated in section 132C-1, Hawaii Revised Statutes, the intent of this law is to "require that only reduced ignition propensity cigarette be sold in the State." Certifications for cigarettes must be renewed every three years at a fee of $375 per cigarette brand and style which must be paid to the state fire council. These fees are deposited into the reduced ignition propensity cigarette special fund. Moneys in the special fund are used to pay for an administrator, random testing, and other administrative and enforcement costs. The legislature further finds that in 1979, the legislature abolished the state fire marshal's office and created the state fire council, which comprises the four county fire chiefs and is administratively attached to the department of labor and industrial relations. The goal of the state fire council is to develop and maintain a comprehensive fire service management network for the protection of life, property, and the environment throughout the state of Hawaii. The state fire council is tasked with reviewing and adopting the state fire code, providing administrative oversight of the reduced ignition propensity cigarette program, providing assistance with the application and administration of federal grants for the fire service, assisting and coordinating with the statewide delivery of fire training programs, coordinating the collection of fire data, and supporting contingency planning needs for fire fighters. They may establish statewide qualifications for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, fire protection systems, and fire alarm systems. They may also advise the governor and the legislature on matters related to fire prevention, fire protection, and life safety. The state fire council is a voting member of the state building code council, whose responsibilities are delineated in section 107‑24, Hawaii Revised Statutes. The legislature recognizes that from its inception until 2001, the state fire council had no funding for staff to fulfill its responsibilities. The state fire council relied upon county personnel to perform its duties along with their normal functions within their fire departments. In 2001, the governor directed department of labor and industrial relations to allocate $35,000 into its budget to fund the first part-time employee. In 2011, an additional $71,000 was appropriated by the legislature to hire two additional personnel. With money from the reduced ignition propensity cigarette special fund, the state fire council could hire additional personnel to oversee the coordination of statewide fire data collection and analysis and administer federal fire-related grants. The state fire council would also be able to fund statewide educational efforts for the protection of life, property, and the environment, such as the statewide fire fighter's safety guide program for Hawaii's youth and the residential smoke alarm installation program for Hawaii's at-risk senior population. Accordingly, the purpose of this Act is to revise section 132C-9, Hawaii Revised Statutes, to authorize the use of the reduced ignition propensity cigarette program special fund to support the duties and responsibilities of the state fire council in addition to funding the administration and enforcement of the reduced ignition propensity cigarette program. SECTION 2. Section 132C-9, Hawaii Revised Statutes, is amended to read as follows: "[[]§132C‑9[]] Reduced ignition propensity cigarette program special fund. (a) There is established in the state treasury a reduced ignition propensity cigarette program special fund, into which shall be deposited all moneys collected by the state fire council from the reduced ignition propensity cigarette program pursuant to section 132C-4. [All interest] Interest earned or accrued on moneys deposited in the fund shall become part of the fund. (b) [Moneys] Money in the reduced ignition propensity cigarette program special fund shall be administered and expended by the state fire council to defray the actual cost of activities and requirements of section 132C-4, including employing one full-time administrator and one full-time assistant whose duties include: (1) Adopting administrative rules for program implementation, establishing compliance inspections, and approving forms and enforcement procedures and guidelines; (2) Receiving certifications for approximately six hundred different brands and styles of cigarettes from the manufacturers; (3) Compiling a list of the cigarette brands and styles for which manufacturers have submitted certifications, verifying tax stamp compliance with the department of the attorney general, and posting the list of certified brands and styles on a state website for informational purposes only; (4) Reviewing and approving, as needed, any alternative test methods or fire standard compliance markings submitted by the manufacturer; and (5) If needed, submitting certified cigarettes to an accredited laboratory for testing to verify that performance standards have been met. (c) Money in the special fund may also be administered and expended by the state fire council to defray the cost of statewide fire prevention, education, life safety, and preparedness programs, especially as they relate to youth, seniors, and persons with disabilities, including the hiring of administrative personnel." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. The legislature finds that Hawaii enacted a reduced ignition propensity cigarette law effective on September 30, 2009. As stated in section 132C-1, Hawaii Revised Statutes, the intent of this law is to "require that only reduced ignition propensity cigarette be sold in the State." Certifications for cigarettes must be renewed every three years at a fee of $375 per cigarette brand and style which must be paid to the state fire council. These fees are deposited into the reduced ignition propensity cigarette special fund. Moneys in the special fund are used to pay for an administrator, random testing, and other administrative and enforcement costs.
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51	51	The legislature further finds that in 1979, the legislature abolished the state fire marshal's office and created the state fire council, which comprises the four county fire chiefs and is administratively attached to the department of labor and industrial relations. The goal of the state fire council is to develop and maintain a comprehensive fire service management network for the protection of life, property, and the environment throughout the state of Hawaii. The state fire council is tasked with reviewing and adopting the state fire code, providing administrative oversight of the reduced ignition propensity cigarette program, providing assistance with the application and administration of federal grants for the fire service, assisting and coordinating with the statewide delivery of fire training programs, coordinating the collection of fire data, and supporting contingency planning needs for fire fighters. They may establish statewide qualifications for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, fire protection systems, and fire alarm systems. They may also advise the governor and the legislature on matters related to fire prevention, fire protection, and life safety. The state fire council is a voting member of the state building code council, whose responsibilities are delineated in section 107‑24, Hawaii Revised Statutes.
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53	53	The legislature recognizes that from its inception until 2001, the state fire council had no funding for staff to fulfill its responsibilities. The state fire council relied upon county personnel to perform its duties along with their normal functions within their fire departments. In 2001, the governor directed department of labor and industrial relations to allocate $35,000 into its budget to fund the first part-time employee. In 2011, an additional $71,000 was appropriated by the legislature to hire two additional personnel. With money from the reduced ignition propensity cigarette special fund, the state fire council could hire additional personnel to oversee the coordination of statewide fire data collection and analysis and administer federal fire-related grants. The state fire council would also be able to fund statewide educational efforts for the protection of life, property, and the environment, such as the statewide fire fighter's safety guide program for Hawaii's youth and the residential smoke alarm installation program for Hawaii's at-risk senior population.
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55	55	Accordingly, the purpose of this Act is to revise section 132C-9, Hawaii Revised Statutes, to authorize the use of the reduced ignition propensity cigarette program special fund to support the duties and responsibilities of the state fire council in addition to funding the administration and enforcement of the reduced ignition propensity cigarette program.
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57	57	SECTION 2. Section 132C-9, Hawaii Revised Statutes, is amended to read as follows:
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59	59	"[[]§132C‑9[]] Reduced ignition propensity cigarette program special fund. (a) There is established in the state treasury a reduced ignition propensity cigarette program special fund, into which shall be deposited all moneys collected by the state fire council from the reduced ignition propensity cigarette program pursuant to section 132C-4. [All interest] Interest earned or accrued on moneys deposited in the fund shall become part of the fund.
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61	61	(b) [Moneys] Money in the reduced ignition propensity cigarette program special fund shall be administered and expended by the state fire council to defray the actual cost of activities and requirements of section 132C-4, including employing one full-time administrator and one full-time assistant whose duties include:
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63	63	(1) Adopting administrative rules for program implementation, establishing compliance inspections, and approving forms and enforcement procedures and guidelines;
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65	65	(2) Receiving certifications for approximately six hundred different brands and styles of cigarettes from the manufacturers;
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67	67	(3) Compiling a list of the cigarette brands and styles for which manufacturers have submitted certifications, verifying tax stamp compliance with the department of the attorney general, and posting the list of certified brands and styles on a state website for informational purposes only;
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69	69	(4) Reviewing and approving, as needed, any alternative test methods or fire standard compliance markings submitted by the manufacturer; and
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71	71	(5) If needed, submitting certified cigarettes to an accredited laboratory for testing to verify that performance standards have been met.
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73	73	(c) Money in the special fund may also be administered and expended by the state fire council to defray the cost of statewide fire prevention, education, life safety, and preparedness programs, especially as they relate to youth, seniors, and persons with disabilities, including the hiring of administrative personnel."
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75	75	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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77	77	SECTION 4. This Act shall take effect upon its approval.
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81	81	INTRODUCED BY: _____________________________
82	82	By Request
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84	84	INTRODUCED BY:
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86	86	_____________________________
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90	90	By Request
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92	92	Report Title: State Fire Council Package; Reduced Ignition Propensity Cigarette Program Description: Permits the use of the reduced ignition propensity cigarette certification fees to support the State Fire Council and its programs and activities. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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98	98	Report Title:
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100	100	State Fire Council Package; Reduced Ignition Propensity Cigarette Program
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104	104	Description:
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106	106	Permits the use of the reduced ignition propensity cigarette certification fees to support the State Fire Council and its programs and activities.
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114	114	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.