Hawaii 2024 Regular Session

Hawaii House Bill HB143 Compare Versions

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

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 143 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 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:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 143
4	4	THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	143
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15	H.D. 1
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO THE REDUCED IGNITION PROPENSITY CIGARETTE PROGRAM.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
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, "It is the intent of this chapter to require that only reduced ignition propensity cigarettes be sold in the State." As required by section 132C-4(a), Hawaii Revised Statutes, "[e]ach manufacturer shall submit to the state fire council written certification attesting that each cigarette has been tested in accordance with, and has met the performance standard required under section 132C-3. . . . Each cigarette certified under this subsection shall be recertified every three years. For each cigarette listed in a certification, a manufacturer shall pay to the state fire council a $375 fee to be deposited into the reduced ignition propensity cigarette program special fund under section 132C-9[, Hawaii Revised Statutes]. The state fire council is authorized to annually adjust this fee to ensure it defrays the actual costs of the administration and staffing requirements and processing, testing, enforcement, inspection, and oversight activities required by this chapter." In 1979, the legislature abolished the state fire marshal's office and created the state fire council, which is composed of the four county fire chiefs and 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 emergency 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 with and coordinating the statewide delivery of fire training programs, coordinating the collection of fire data, and supporting contingency planning needs for fire fighters. The state fire council 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. The state fire council 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. 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 the state fire council's duties along with the state fire council's normal functions within each county's fire department. In 2001, the governor directed the 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 the transfer of certification fees from the 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, including the current 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. This Act is requesting an annual transfer of $40,000 from the reduced ignition propensity cigarette program special fund to be used to assist the state fire council with its overall objectives. The following is an overview of the effect that this transfer will have on the reduced ignition propensity cigarette program objectives, the impact that this transfer will have on the special fund balance, and a proposal to ensure that this transfer does not hinder the objectives of the reduced ignition propensity cigarette program for the future: (1) Estimated reduced ignition propensity cigarette certification fees to be collected annually are $108,000. Estimated operational expenses for the reduced ignition propensity cigarette program are $138,000. The result is an annual overage of $30,000 for the program; (2) Under this Act, the department of labor and industrial relations could annually transfer $40,000 from the special fund to assist the state fire council with the state fire council's programs. Estimated operational expenses for the reduced ignition propensity cigarette program would be $178,000. This will result in an annual overage of approximately $70,000; and (3) The special fund balance as of June 30, 2022, was more than $885,000. The special fund balance could accommodate this $70,000 overage for approximately ten years. As stated previously, "[t]he state fire council is authorized to annually adjust this [reduced ignition propensity cigarette certification] fee to ensure it defrays the actual costs of the administration and staffing requirements and processing, testing, enforcement, inspection, and oversight activities required by this chapter." Prior to exhausting the $885,000 special fund balance noted above, the state fire council requests approval of double the current certification fee that a cigarette manufacturer pays for each brand or style of cigarette from $375 to $750 every three years. Based on the approximately eight hundred cigarette brands and styles currently certified for sale in Hawaii, this would result in a total of $600,000 in fees collected every three years, or $200,000 annually, which would be sufficient to compensate annual reduced ignition propensity cigarette operational expenses estimated at $178,000. Accordingly, the purpose of this Act is to: (1) 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 administering and enforcing the reduced ignition propensity cigarette program; and (2) Add to the jurisdiction of the state fire council those functions that are consistent with the uses being authorized for the reduced ignition propensity cigarette program special fund. SECTION 2. Section 132-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The state fire council may also: (1) Appoint advisory committees comprised of representatives from each county fire department to assist in drafting the state fire code and coordinating statewide training, data collection, and contingency planning needs for firefighters; (2) Advise and assist the county fire departments where appropriate[, may]; prescribe standard procedures and forms relating to inspections, investigations, and reporting of fires[, may]; approve plans for cooperation among the county fire departments[, and may]; advise the governor and the legislature with respect to fire prevention and protection, life safety, and any other functions or activities for which the various county fire departments are generally responsible; and, using funds from the reduced ignition propensity cigarette program special fund, implement statewide fire prevention, education, life safety, and preparedness programs, especially as those programs relate to youth, seniors, and persons with disabilities, including the hiring of administrative personnel; and (3) Establish, in conformance with the adopted state fire code and nationally recognized standards, statewide qualifications and procedures, to be administered by the county fire departments, for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, water-based fire protection systems, other fire protection systems, private fire hydrants, and fire alarm systems; provided that the county fire departments may establish and charge reasonable certification fees." SECTION 3. 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 earned or accrued on moneys deposited in the fund shall become part of the fund. (b) Moneys 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) Moneys in the reduced ignition propensity cigarette program 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 those programs relate to youth, seniors, and persons with disabilities, including the hiring of administrative personnel." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on June 30, 3000.
48	48
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, "It is the intent of this chapter to require that only reduced ignition propensity cigarettes be sold in the State."
50	50
51	51	As required by section 132C-4(a), Hawaii Revised Statutes, "[e]ach manufacturer shall submit to the state fire council written certification attesting that each cigarette has been tested in accordance with, and has met the performance standard required under section 132C-3. . . . Each cigarette certified under this subsection shall be recertified every three years. For each cigarette listed in a certification, a manufacturer shall pay to the state fire council a $375 fee to be deposited into the reduced ignition propensity cigarette program special fund under section 132C-9[, Hawaii Revised Statutes]. The state fire council is authorized to annually adjust this fee to ensure it defrays the actual costs of the administration and staffing requirements and processing, testing, enforcement, inspection, and oversight activities required by this chapter."
52	52
53	53	In 1979, the legislature abolished the state fire marshal's office and created the state fire council, which is composed of the four county fire chiefs and 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 emergency 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 with and coordinating the statewide delivery of fire training programs, coordinating the collection of fire data, and supporting contingency planning needs for fire fighters. The state fire council 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. The state fire council 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.
54	54
55	55	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 the state fire council's duties along with the state fire council's normal functions within each county's fire department. In 2001, the governor directed the 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 the transfer of certification fees from the 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, including the current 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.
56	56
57	57	This Act is requesting an annual transfer of $40,000 from the reduced ignition propensity cigarette program special fund to be used to assist the state fire council with its overall objectives. The following is an overview of the effect that this transfer will have on the reduced ignition propensity cigarette program objectives, the impact that this transfer will have on the special fund balance, and a proposal to ensure that this transfer does not hinder the objectives of the reduced ignition propensity cigarette program for the future:
58	58
59	59	(1) Estimated reduced ignition propensity cigarette certification fees to be collected annually are $108,000. Estimated operational expenses for the reduced ignition propensity cigarette program are $138,000. The result is an annual overage of $30,000 for the program;
60	60
61	61	(2) Under this Act, the department of labor and industrial relations could annually transfer $40,000 from the special fund to assist the state fire council with the state fire council's programs. Estimated operational expenses for the reduced ignition propensity cigarette program would be $178,000. This will result in an annual overage of approximately $70,000; and
62	62
63	63	(3) The special fund balance as of June 30, 2022, was more than $885,000. The special fund balance could accommodate this $70,000 overage for approximately ten years.
64	64
65	65	As stated previously, "[t]he state fire council is authorized to annually adjust this [reduced ignition propensity cigarette certification] fee to ensure it defrays the actual costs of the administration and staffing requirements and processing, testing, enforcement, inspection, and oversight activities required by this chapter." Prior to exhausting the $885,000 special fund balance noted above, the state fire council requests approval of double the current certification fee that a cigarette manufacturer pays for each brand or style of cigarette from $375 to $750 every three years. Based on the approximately eight hundred cigarette brands and styles currently certified for sale in Hawaii, this would result in a total of $600,000 in fees collected every three years, or $200,000 annually, which would be sufficient to compensate annual reduced ignition propensity cigarette operational expenses estimated at $178,000.
66	66
67	67	Accordingly, the purpose of this Act is to:
68	68
69	69	(1) 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 administering and enforcing the reduced ignition propensity cigarette program; and
70	70
71	71	(2) Add to the jurisdiction of the state fire council those functions that are consistent with the uses being authorized for the reduced ignition propensity cigarette program special fund.
72	72
73	73	SECTION 2. Section 132-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
74	74
75	75	"(c) The state fire council may also:
76	76
77	77	(1) Appoint advisory committees comprised of representatives from each county fire department to assist in drafting the state fire code and coordinating statewide training, data collection, and contingency planning needs for firefighters;
78	78
79	79	(2) Advise and assist the county fire departments where appropriate[, may]; prescribe standard procedures and forms relating to inspections, investigations, and reporting of fires[, may]; approve plans for cooperation among the county fire departments[, and may]; advise the governor and the legislature with respect to fire prevention and protection, life safety, and any other functions or activities for which the various county fire departments are generally responsible; and, using funds from the reduced ignition propensity cigarette program special fund, implement statewide fire prevention, education, life safety, and preparedness programs, especially as those programs relate to youth, seniors, and persons with disabilities, including the hiring of administrative personnel; and
80	80
81	81	(3) Establish, in conformance with the adopted state fire code and nationally recognized standards, statewide qualifications and procedures, to be administered by the county fire departments, for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, water-based fire protection systems, other fire protection systems, private fire hydrants, and fire alarm systems; provided that the county fire departments may establish and charge reasonable certification fees."
82	82
83	83	SECTION 3. Section 132C-9, Hawaii Revised Statutes, is amended to read as follows:
84	84
85	85	"[[]§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 earned or accrued on moneys deposited in the fund shall become part of the fund.
86	86
87	87	(b) Moneys 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:
88	88
89	89	(1) Adopting administrative rules for program implementation, establishing compliance inspections, and approving forms and enforcement procedures and guidelines;
90	90
91	91	(2) Receiving certifications for approximately six hundred different brands and styles of cigarettes from the manufacturers;
92	92
93	93	(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;
94	94
95	95	(4) Reviewing and approving, as needed, any alternative test methods or fire standard compliance markings submitted by the manufacturer; and
96	96
97	97	(5) If needed, submitting certified cigarettes to an accredited laboratory for testing to verify that performance standards have been met.
98	98
99	99	(c) Moneys in the reduced ignition propensity cigarette program 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 those programs relate to youth, seniors, and persons with disabilities, including the hiring of administrative personnel."
100	100
101	101	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
102	102
103	103	SECTION 5. This Act shall take effect on June 30, 3000.
104	104
105	105
106	106
107	107	Report Title: State Fire Council Package; Fire Protection; Reduced Ignition Propensity Cigarette Program Special Fund; Functions Description: Provides for additional use of the moneys in the reduced ignition propensity cigarette program special fund to support the state fire council and its programs and activities. Adds to the jurisdiction of the state fire council those functions that are consistent with the uses being authorized for the reduced ignition propensity cigarette program special fund. Effective 6/30/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
108	108
109	109
110	110
111	111
112	112
113	113	Report Title:
114	114
115	115	State Fire Council Package; Fire Protection; Reduced Ignition Propensity Cigarette Program Special Fund; Functions
116	116
117	117
118	118
119	119	Description:
120	120
121	121	Provides for additional use of the moneys in the reduced ignition propensity cigarette program special fund to support the state fire council and its programs and activities. Adds to the jurisdiction of the state fire council those functions that are consistent with the uses being authorized for the reduced ignition propensity cigarette program special fund. Effective 6/30/3000. (HD1)
122	122
123	123
124	124
125	125
126	126
127	127
128	128
129	129	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.