Hawaii 2024 Regular Session

Hawaii Senate Bill SB1401 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1401 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE ELECTRIC BICYCLE AND ELECTRIC MOPED REBATE PROGRAM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1401
4	4	THIRTY-SECOND LEGISLATURE, 2023
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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11	11	1401
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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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 ELECTRIC BICYCLE AND ELECTRIC MOPED REBATE PROGRAM.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	PART I SECTION 1. Part I of this Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Constitution of the State of Hawaii. SECTION 2. Act 306, Session Laws of Hawaii 2022, added a new section to chapter 196, Hawaii Revised Statutes, that created the electric bicycle and electric moped rebate program and appropriated $2,100,000 in general funds to the highway development special fund electric bicycle and electric moped subaccount to fund the rebate program in fiscal year 2022-2023. However, such moneys were never allotted. Act 306 also authorized the department of transportation to contract with a third-party administrator to operate and manage the rebate program. The purpose of the rebate program is to bring economic relief to individuals by reducing the cost of living and cost of transportation. Act 306, however, did not include an appropriation out of the special fund to fund and implement the rebate program. Emergency funding is needed to fulfill the legislative intent of Act 306, Session Laws of Hawaii 2022. The purposes of part I this Act are to make an emergency appropriation to the department of transportation to authorize expenditure of funds for the electric bicycle and electric moped rebate program, to authorize the payment of rebates to individuals, and if necessary, to authorize payment to a third-party administrator to operate and manage the electric bicycle and electric moped rebate program. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,100,000 or so much thereof as may be necessary for fiscal year 2022-2023 to be deposited into the electric bicycle and electric moped special fund established by part II of this Act. The sum appropriated shall be expended by the department of transportation for the purposes of Act 306, Session Laws of Hawaii 2022, and this Act. SECTION 4. There is appropriated out of the electric bicycle and electric moped special fund established by part II of this Act, the sum of $2,100,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the operations of the electric bicycle and electric moped rebate program including the payment of rebates and the costs of the administrator; provided that the department of transportation cannot expend more than ten per cent of the total amount appropriated for the department of transportation's administration of the electric bicycle and electric moped rebate program; provided further that the funds appropriated shall not lapse at the end of the fiscal year for which it was appropriated, but any unencumbered funds remaining shall lapse on June 30, 2024. The sum appropriated shall be expended by the department of transportation for the purposes of Act 306, Session Laws of Hawaii 2022, and this Act. PART II SECTION 5. Part II of this Act authorizes a third-party administrator to expend funds in the administration of the electric bicycle and electric moped rebate program and to pay the rebates to the rebate applicants; add a new section to chapter 264, Hawaii Revised Statutes, to establish within the state treasury the electric bicycle and electric moped special fund for the purposes of funding the rebate program established by Act 306, Session Laws of Hawaii 2022; and amend section 264-122(d), Hawaii Revised Statutes, and section 2 of Act 306, Session Laws of Hawaii 2022, to eliminate the highway development special fund electric bicycle and electric moped subaccount. SECTION 6. Chapter 264, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows: "§264- Electric bicycle and electric moped special fund. (a) There is established in the state treasury the electric bicycle and electric moped special fund to be administered by the department of transportation, into which shall be deposited; (1) Appropriations made by the legislature to the fund; and (2) Gifts, grants, and donations to the fund. (b) Moneys in the electric bicycle and electric moped special fund shall be used for the following purposes: (1) Operating expenses of the electric bicycle and electric moped rebate program; (2) Rebates for the electric bicycle and electric moped rebate program; and (3) Costs of a third-party administrator for the operation of the electric bicycle and electric moped rebate program." SECTION 7. Section 264-122, Hawaii Revised Statutes, is amended to read as follows: "§264-122 Highway development special fund. (a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited: (l) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements; (2) Interest from investment of deposits; and (3) Legislative and county appropriations. (b) Moneys in the highway development special fund shall be used for the following purposes: (l) Capital costs of qualifying proposed state highway improvements; (2) Reevaluation of the need, geographic limitations, amount, and use of impact fees; (3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund; (4) Transfers under sections 3627 and 36-30; (5) Refunds under section 264125; and (6) The department's costs to implement this part, including but not limited to costs to administer the highway development special fund. (c) The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department. [(d) There is established within the highway development special fund an electric bicycle and electric moped subaccount. The department shall expend moneys in the subaccount for the purposes of funding the electric bicycle and electric moped rebate program established pursuant to section 196 .]" SECTION 8. Act 306, Session Laws of Hawaii 2022, is amended by amending section 2 to read as follows: "SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§196- Electric bicycle and electric moped rebate program; third-party administrator; special fund. (a) The department of transportation shall administer a rebate program that incentivizes the purchase of new electric bicycles and new electric mopeds and may contract with a thirdparty administrator pursuant to subsection (i) to operate and manage the rebate program. (b) Each eligible purchase of a new electric bicycle or new electric moped shall receive a rebate of either twenty per cent of the retail cost or $500, whichever amount is lower; provided that no individual shall receive more than $500 in total rebates each fiscal year. (c) The department of transportation shall not issue more than $700,000 in total rebates under this section each fiscal year; provided that the electric bicycle and electric moped [subaccount within the highway development] special fund pursuant to section 264-122(d) contains sufficient funds to pay the rebates. The department of transportation shall not be liable to pay any refund if sufficient funds are unavailable. The department of transportation 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. (d) The department of transportation 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 the signature of the buyer and individual responsible for the sale on behalf of a retail store at the time of sale, a copy of valid government issued photo identification of the buyer at the time of the sale, receipt of purchase, name and address of the retail store, verification of eligibility, and any other documentation necessary to demonstrate the legitimate purchase of a new electric bicycle or new electric moped. (e) This section shall apply to new: (1) Electric bicycles capable of speeds of no more than twentyeight miles per hour; and (2) Electric mopeds, purchased at a retail store after July l, 2022. (f) Applicants shall submit an application to the department of transportation within twelve months of the date of purchase to claim a rebate from the electric bicycle and electric moped rebate program. Failure to apply within twelve months of the date of purchase shall constitute a waiver of the right to claim the rebate. (g) 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. (h) In administering the electric bicycle and electric moped rebate program, the department of transportation shall provide rebates to persons eighteen years or older who: (1) Are eligible for: (A) The Supplemental Nutrition Assistance Program; (B) The free and reduced price lunch program; (C) Section 8 of the United States Housing Act of 1937, as amended; or (D) Similar lowincome assistance programs identified by the department of transportation; (2) Do not own a registered motor vehicle with four or more wheels, as demonstrated by an affidavit signed by the applicant at the time of sale of the new electric bicycle or electric moped, which may be audited by the department of transportation; or (3) Are enrolled in school, community college, or university. (i) The department of transportation may contract with a thirdparty administrator to operate and manage the electric bicycle and electric moped rebate program. The thirdparty administrator shall not be deemed to be a "governmental body" as defined in section l03Dl04; 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 ten per cent of the amounts appropriated for the rebate program, or any other reasonable percentage determined by the department of transportation, for administration of the electric bicycle and electric moped rebate program.["] (j) Should the department of transportation contract with a third-party administrator to administer the electric bicycle and electric moped rebate program, the third-party administrator shall be authorized to pay rebates to each rebate applicant from moneys transferred pursuant to subsection (i) from the electric bicycle and electric moped special fund." SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
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49	49	PART I
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51	51	SECTION 1. Part I of this Act is recommended by the governor for immediate passage in accordance with section 9 of article VII of the Constitution of the State of Hawaii.
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53	53	SECTION 2. Act 306, Session Laws of Hawaii 2022, added a new section to chapter 196, Hawaii Revised Statutes, that created the electric bicycle and electric moped rebate program and appropriated $2,100,000 in general funds to the highway development special fund electric bicycle and electric moped subaccount to fund the rebate program in fiscal year 2022-2023. However, such moneys were never allotted. Act 306 also authorized the department of transportation to contract with a third-party administrator to operate and manage the rebate program. The purpose of the rebate program is to bring economic relief to individuals by reducing the cost of living and cost of transportation. Act 306, however, did not include an appropriation out of the special fund to fund and implement the rebate program. Emergency funding is needed to fulfill the legislative intent of Act 306, Session Laws of Hawaii 2022.
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55	55	The purposes of part I this Act are to make an emergency appropriation to the department of transportation to authorize expenditure of funds for the electric bicycle and electric moped rebate program, to authorize the payment of rebates to individuals, and if necessary, to authorize payment to a third-party administrator to operate and manage the electric bicycle and electric moped rebate program.
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57	57	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $2,100,000 or so much thereof as may be necessary for fiscal year 2022-2023 to be deposited into the electric bicycle and electric moped special fund established by part II of this Act.
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59	59	The sum appropriated shall be expended by the department of transportation for the purposes of Act 306, Session Laws of Hawaii 2022, and this Act.
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61	61	SECTION 4. There is appropriated out of the electric bicycle and electric moped special fund established by part II of this Act, the sum of $2,100,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the operations of the electric bicycle and electric moped rebate program including the payment of rebates and the costs of the administrator; provided that the department of transportation cannot expend more than ten per cent of the total amount appropriated for the department of transportation's administration of the electric bicycle and electric moped rebate program; provided further that the funds appropriated shall not lapse at the end of the fiscal year for which it was appropriated, but any unencumbered funds remaining shall lapse on June 30, 2024.
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63	63	The sum appropriated shall be expended by the department of transportation for the purposes of Act 306, Session Laws of Hawaii 2022, and this Act.
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65	65	PART II
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67	67	SECTION 5. Part II of this Act authorizes a third-party administrator to expend funds in the administration of the electric bicycle and electric moped rebate program and to pay the rebates to the rebate applicants; add a new section to chapter 264, Hawaii Revised Statutes, to establish within the state treasury the electric bicycle and electric moped special fund for the purposes of funding the rebate program established by Act 306, Session Laws of Hawaii 2022; and amend section 264-122(d), Hawaii Revised Statutes, and section 2 of Act 306, Session Laws of Hawaii 2022, to eliminate the highway development special fund electric bicycle and electric moped subaccount.
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69	69	SECTION 6. Chapter 264, Hawaii Revised Statutes, is amended by adding to part I a new section to be appropriately designated and to read as follows:
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71	71	"§264- Electric bicycle and electric moped special fund. (a) There is established in the state treasury the electric bicycle and electric moped special fund to be administered by the department of transportation, into which shall be deposited;
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73	73	(1) Appropriations made by the legislature to the fund; and
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75	75	(2) Gifts, grants, and donations to the fund.
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77	77	(b) Moneys in the electric bicycle and electric moped special fund shall be used for the following purposes:
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79	79	(1) Operating expenses of the electric bicycle and electric moped rebate program;
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81	81	(2) Rebates for the electric bicycle and electric moped rebate program; and
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83	83	(3) Costs of a third-party administrator for the operation of the electric bicycle and electric moped rebate program."
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85	85	SECTION 7. Section 264-122, Hawaii Revised Statutes, is amended to read as follows:
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87	87	"§264-122 Highway development special fund. (a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited:
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89	89	(l) Transfers of county impact fees assessed under part VIII of chapter 46 and this part to pay for state highway improvements;
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91	91	(2) Interest from investment of deposits; and
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93	93	(3) Legislative and county appropriations.
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95	95	(b) Moneys in the highway development special fund shall be used for the following purposes:
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97	97	(l) Capital costs of qualifying proposed state highway improvements;
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99	99	(2) Reevaluation of the need, geographic limitations, amount, and use of impact fees;
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101	101	(3) Transfers to reimburse other special funds for expenditures which otherwise might have been funded with moneys in the highway development special fund;
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103	103	(4) Transfers under sections 3627 and 36-30;
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105	105	(5) Refunds under section 264125; and
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107	107	(6) The department's costs to implement this part, including but not limited to costs to administer the highway development special fund.
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109	109	(c) The department may establish accounts in the highway development special fund as necessary to implement this part and rules adopted by the department.
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111	111	[(d) There is established within the highway development special fund an electric bicycle and electric moped subaccount. The department shall expend moneys in the subaccount for the purposes of funding the electric bicycle and electric moped rebate program established pursuant to section 196 .]"
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113	113	SECTION 8. Act 306, Session Laws of Hawaii 2022, is amended by amending section 2 to read as follows:
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115	115	"SECTION 2. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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117	117	"§196- Electric bicycle and electric moped rebate program; third-party administrator; special fund. (a) The department of transportation shall administer a rebate program that incentivizes the purchase of new electric bicycles and new electric mopeds and may contract with a thirdparty administrator pursuant to subsection (i) to operate and manage the rebate program.
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119	119	(b) Each eligible purchase of a new electric bicycle or new electric moped shall receive a rebate of either twenty per cent of the retail cost or $500, whichever amount is lower; provided that no individual shall receive more than $500 in total rebates each fiscal year.
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121	121	(c) The department of transportation shall not issue more than $700,000 in total rebates under this section each fiscal year; provided that the electric bicycle and electric moped [subaccount within the highway development] special fund pursuant to section 264-122(d) contains sufficient funds to pay the rebates. The department of transportation shall not be liable to pay any refund if sufficient funds are unavailable. The department of transportation 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.
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123	123	(d) The department of transportation shall:
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125	125	(1) Prepare any forms that may be necessary for an applicant to claim a rebate pursuant to this section; and
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127	127	(2) Require each applicant to furnish reasonable information to ascertain the validity of the claim, including but not limited to the signature of the buyer and individual responsible for the sale on behalf of a retail store at the time of sale, a copy of valid government issued photo identification of the buyer at the time of the sale, receipt of purchase, name and address of the retail store, verification of eligibility, and any other documentation necessary to demonstrate the legitimate purchase of a new electric bicycle or new electric moped.
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129	129	(e) This section shall apply to new:
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131	131	(1) Electric bicycles capable of speeds of no more than twentyeight miles per hour; and
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133	133	(2) Electric mopeds,
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135	135	purchased at a retail store after July l, 2022.
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137	137	(f) Applicants shall submit an application to the department of transportation within twelve months of the date of purchase to claim a rebate from the electric bicycle and electric moped rebate program. Failure to apply within twelve months of the date of purchase shall constitute a waiver of the right to claim the rebate.
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139	139	(g) 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.
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141	141	(h) In administering the electric bicycle and electric moped rebate program, the department of transportation shall provide rebates to persons eighteen years or older who:
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143	143	(1) Are eligible for:
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145	145	(A) The Supplemental Nutrition Assistance Program;
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147	147	(B) The free and reduced price lunch program;
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149	149	(C) Section 8 of the United States Housing Act of 1937, as amended; or
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151	151	(D) Similar lowincome assistance programs identified by the department of transportation;
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153	153	(2) Do not own a registered motor vehicle with four or more wheels, as demonstrated by an affidavit signed by the applicant at the time of sale of the new electric bicycle or electric moped, which may be audited by the department of transportation; or
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155	155	(3) Are enrolled in school, community college, or university.
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157	157	(i) The department of transportation may contract with a thirdparty administrator to operate and manage the electric bicycle and electric moped rebate program. The thirdparty administrator shall not be deemed to be a "governmental body" as defined in section l03Dl04; 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 ten per cent of the amounts appropriated for the rebate program, or any other reasonable percentage determined by the department of transportation, for administration of the electric bicycle and electric moped rebate program.["]
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159	159	(j) Should the department of transportation contract with a third-party administrator to administer the electric bicycle and electric moped rebate program, the third-party administrator shall be authorized to pay rebates to each rebate applicant from moneys transferred pursuant to subsection (i) from the electric bicycle and electric moped special fund."
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161	161	SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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163	163	SECTION 10. This Act shall take effect upon its approval.
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167	167	INTRODUCED BY: _____________________________
168	168	BY REQUEST
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170	170	INTRODUCED BY:
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178	178	BY REQUEST
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180	180	Report Title: Emergency appropriation; Department of Transportation; Electric Bicycle and Electric Moped Rebate Program; Electric Bicycle and Electric Moped Special Fund. Description: Makes an emergency appropriation into and from a newly established special fund to authorize funds for the Department of Transportation Highways Division's Electric Bicycle and Electric Moped Rebate Program. Authorizes the Department of Transportation to pay a third-party administrator to administer and pay the rebates to the applicants. 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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186	186	Report Title:
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188	188	Emergency appropriation; Department of Transportation; Electric Bicycle and Electric Moped Rebate Program; Electric Bicycle and Electric Moped Special Fund.
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192	192	Description:
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194	194	Makes an emergency appropriation into and from a newly established special fund to authorize funds for the Department of Transportation Highways Division's Electric Bicycle and Electric Moped Rebate Program. Authorizes the Department of Transportation to pay a third-party administrator to administer and pay the rebates to the applicants.
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202	202	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.