HOUSE OF REPRESENTATIVES

H.B. NO.

749

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the environment.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 339, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"339-A   Beach clean-up cigarette fee. (a) Beginning on July 1, 2016, every wholesaler or dealer shall pay to the department a beach clean-up cigarette fee on each cigarette sold, used, or possessed by a wholesaler or dealer, whether or not sold at wholesale, or if not sold then at the same rate upon the use by the wholesaler or dealer. The fee shall be     cents per cigarette.

(b) All fees collected pursuant to subsection (a) shall be deposited to the credit of the beach clean-up special fund established pursuant to section 339-B  .

(c) The department shall establish rules pursuant to chapter 91 necessary for the collection of the beach clean-up cigarette fee.

(d) For the purposes of this section:

"Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size and shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.

"Dealer" means any person coming into the possession of cigarettes or tobacco products which have not been acquired from an authorized permit holder or licensee under chapter 245, or any person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that have not been acquired from a licensee and who distributes or uses such cigarettes or tobacco products.

"Wholesaler" means a person rendering a distribution service who buys and maintains, at the person's place of business, a stock of cigarettes or tobacco products that the person uses, possesses, or distributes only to retailers, or other wholesalers, or both.

339-B   Beach clean-up special fund. (a) There is established in the state treasury a special fund to be designated as the beach clean-up special fund into which shall be deposited:

(1) Fees collected pursuant to section 339-A  ;

(2) Appropriations made by the legislature for deposit into the fund; and

(3) Donations and contributions made by private individuals or organizations for deposit into the fund.

(b) Moneys in the beach clean-up special fund may be used by the department for the following purposes:

(1) Planning, designing, developing, and implementing beach land litter removal projects; and

(2) Providing grants to the counties and nongovernmental organizations for the removal of litter from beach land.

For the purposes of this section, "beach land" means all lands in the shoreline area including sand, rocky, or cobble beaches, dune systems, landward and seaward sand reserves, and all such lands subject to the natural processes of erosion and accretion. The term includes easements and rights in such land and any improvements on such land."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Cigarettes; Fee; Litter; Beach Clean-Up Special Fund

 

Description:

Imposes on wholesalers and dealers a beach clean-up cigarette fee per cigarette sold, used, or possessed. Establishes and allocates moneys generated to the Beach Clean-Up Special Fund for litter removal from beach land.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.