HB2092.DOC

SECTION 1. Chapter 132C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§132C- Reduced ignition propensity cigarette program special fund. (a) There is established a reduced ignition propensity cigarette program special fund into which shall be deposited the moneys collected pursuant to section 132C-4.

All interest earned or accrued on moneys deposited in the fund shall become part of the fund. The fund shall be administered by the state fire council.

(b) Subject to legislative authorization, the state fire council may expend moneys from the fund to defray the actual cost of activities and requirements provided in subsections 132-16(c) and 132C-4(a); provided that all unencumbered and unexpended moneys in excess of $ remaining on balance in the reduced ignition propensity cigarette program special fund at the close of June 30 of each year shall lapse to the credit of the state general fund."

SECTION 2. Section 132-16, Hawaii Revised Statutes, is amended as follows:

1. By amending its title to read:

"§132-16 State fire council; composition; administrative staff; budget; functions."

2. By amending subsection (c) to read:

"(c) The state fire council may also:

(1) Appoint advisory committees [~~comprised~~] composed 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; [~~and~~]

(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

(3) Employ an administrator and administrative assistant, without regard to chapters 76 and 89, at the discretion of the state fire council. The administrator shall have full power to administer the affairs of the state fire council, subject to the direction and approval of the state fire council. The state fire council shall determine the compensation for the administrator and the administrative assistant. The administrator shall be responsible for:

(A) Daily operations of the state fire council;

(B) Administering the adoption of the state fire code;

(D) Administering the reduced ignition propensity cigarette program under chapter 132C;

(E) Coordinating statewide fire and life safety training, education, and data collection; and

(F) Other related duties as directed by the council;

provided that the budgetary requirements for conducting meetings and other related functions of the state fire council, including the salaries of the administrator and administrative assistant, shall be included in the budget of the department of labor and industrial relations."

SECTION 3. Section 132C-4, Hawaii Revised Statutes, is amended as follows:

1. By amending its title to read:

"[[]§132C-4[]] Certification; marking[.]; administration."

2. By amending subsection (a) to read:

"(a) Each 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. The description of each cigarette listed in the certification shall include:

(1) The brand or trade name on the package;

(2) Style, such as light or ultra light;

(3) Length in millimeters;

(4) Circumference in millimeters;

(5) Flavor, such as menthol, if applicable;

(6) Filter or nonfilter;

(7) Package description, such as a soft pack or box;

(8) The mark approved pursuant to subsection (b);

(9) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and

(10) The date that the testing occurred.

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. The state fire council is authorized to annually adjust this fee to ensure it defrays the actual costs of the administration, processing, testing, enforcement, inspection, staffing requirements, and oversight activities required by this chapter.

The certifications shall be made available to the attorney general for purposes consistent with this chapter."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2010-2011 to be deposited into the reduced ignition propensity cigarette program special fund created in section 1 of this Act.

SECTION 5. There is appropriated out of the reduced ignition propensity cigarette program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2010-2011 for:

(1) The establishment of one full-time equivalent (1.00 FTE) permanent administrator and one full-time equivalent (1.00 FTE) permanent administrative assistant for the state fire council; and

(2) Any other requirement deemed necessary to carry out the purposes of the fund.

The sum appropriated shall be expended by the state fire council for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2092
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII