Report Title:

Cancer Detection; Tobacco Funds; Use for Cancer-Detection Tech

Description:

Appropriates a percentage of the amounts received by the Hawaii tobacco settlement special fund into the Hawaii strategic development revolving fund for developing and assisting the development of healthcare and biomedical technology to detect cancer, including cervical cancer, in its early stages. (SD1)

THE SENATE

S.B. NO.

1446

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TECHNOLOGY.

 

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

SECTION 1. The legislature finds that subsequent to the establishment of the Hawaii tobacco settlement special fund in 1999, and various amendments to the cigarette and tobacco tax law codified in chapter 245, Hawaii Revised Statutes, much has been done to further cancer prevention in Hawaii. However, we must increase our efforts in the area of early cancer detection and possible cures for skin and other types of cancer through the work of the Cancer Research Center of Hawaii and other private initiatives located in the State.

The legislature finds that the high technology sector of our economy has spawned many exciting enterprises that are involved in medical research and development. One such initiative is working toward securing approval from the federal Food and Drug Administration for a non-invasive method of detecting skin and cervical cancers utilizing hyper-spectral diagnostic imaging. This technology reportedly detects cervical cancer by capturing the unique color fingerprint of different types of cells. Pre-cancerous and cancer cells have a larger blood flow than normal tissue and thus appear as different colors. The technology can distinguish nearly three hundred separate colors compared to the red, blue, and green recorded by ordinary cameras and can create a photograph of the cervix with detail not seen through a microscope. This technology was developed in Hawaii and should be encouraged with the support of state and federal funding.

The legislature further finds that it is in the interest of the public health and welfare, as well as in the interest of the State's economy, to support Hawaii-based companies that can contribute to the health and well being of all, including the State's residents. The purpose of this Act is appropriate a portion of the Hawaii tobacco settlement funds to support Hawaii-based development of healthcare and biomedical technology to detect cancer in its early stages.

SECTION 2. Section 211F-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§211F-5[]] Hawaii strategic development corporation revolving fund. (a) There is established the Hawaii strategic development corporation revolving fund. The following moneys shall be deposited into the Hawaii strategic development corporation revolving fund and shall not be considered part of the general fund: all moneys appropriated by the legislature, received as repayments of loans, earned on investments, received pursuant to a venture agreement, received as royalties, received as premiums or fees charged by the corporation, or otherwise received by the corporation.

(b) All moneys appropriated into the revolving fund by the legislature from the Hawaii tobacco settlement special fund pursuant to section 328L-2(b)(5) shall be utilized exclusively for development of and assisting enterprises that develop healthcare and biomedical technology to detect cancer, including cervical cancer, in its early stages."

SECTION 3. Section 328L-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The fund shall be used for the purpose of receiving, allocating, and appropriating the tobacco settlement moneys as follows:

(1) [Twenty-four and one-half] per cent shall be appropriated into the emergency and budget reserve fund under section 328L-3;

(2) Thirty-five per cent shall be appropriated to the department for purposes of section 328L-4;

(3) Twelve and one-half per cent shall be appropriated into the Hawaii tobacco prevention and control trust fund under section 328L-5; [and]

(4) Twenty-eight per cent shall be appropriated into the university revenue-undertakings fund created in section 306-10, to be applied solely to the payment of the principal of and interest on, and to generate required coverage, if any, for, revenue bonds issued by the board of regents of the University of Hawaii to finance the cost of construction of a university health and wellness center, including a new medical school facility, to be situated on the island of Oahu, for the succeeding fiscal year; provided that any moneys in excess of the amount required to pay principal of and interest on, and to generate required coverage, if any, for such revenue bonds in any fiscal year, shall be transferred to the emergency and budget reserve fund under section 328L-3, and the Hawaii tobacco prevention and control trust fund under section 328L-5, in the succeeding fiscal year, in the same proportion as to the amount of moneys appropriated to those funds in accordance with this subsection[.]; and

(5) per cent shall be appropriated into the Hawaii strategic development corporation revolving fund under section 211F-5."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.