Bill Text: HI SB3342 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Spaying And Neutering Of Animals.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced) 2024-01-29 - Referred to AEN, WAM. [SB3342 Detail]
Download: Hawaii-2024-SB3342-Introduced.html
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THE SENATE |
S.B. NO. |
3342 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the spaying and neutering of animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Spaying and neutering pets are proven ways to reduce pet overpopulation and euthanasia rates, and have proven to be effective at reducing costs to county governments and nonprofit organizations for impounding and euthanizing animals.
The legislature also finds that the humane reduction of the free-roaming cat population is in the best interest of cats, wildlife, the environment, and humans. However, the State does not contribute funds to address this issue.
Accordingly, the purpose of this Act is to:
(1) Establish a spay and neuter special fund; and
(2) Allow funds from an income tax check-off to be deposited into the special fund.
SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§143- Spay
and neuter special fund; advisory committee; established. (a) There is established in the state treasury
the spay and neuter special fund, to be administered by the department of
budget and finance and into which shall be deposited:
(1) State income tax refund moneys designated to the special fund pursuant to section 235-102.5(e); and
(2) Appropriations made by the legislature.
All
interest earned or accrued on moneys deposited into the special fund shall
become part of the special fund. Moneys
in the special fund shall be disbursed to, and expended by, the municipal
animal control agencies of the city and county of Honolulu, county of Hawaii,
county of Maui, and county of Kauai, to reduce pet overpopulation and the
reproduction of free‑roaming cats by providing spaying and neutering
surgery and associated veterinary care; provided that the uses and expenditures
of moneys in the special fund shall follow the eligibility criteria established
by the advisory committee established under subsection (b).
(b) There is established an advisory committee to assist the department of budget and finance in establishing the eligibility criteria and procedures for disbursements from the special fund; provided that, in establishing the eligibility criteria, the advisory committee shall consider providing funding to organizations that specialize in trap-neuter-release practices.
(c)
The advisory committee shall make determinations regarding the trapping,
spaying, and neutering of animals to ensure that spayed or neutered animals are
not re-released into the environment and are re-homed when possible.
(d) The advisory committee members shall be selected by the director of finance and shall include the following:
(1) One representative from the department of budget and finance;
(2) One representative of the Hawaii Animal Welfare Association or its successor organization, who shall be invited to participate;
(3) One representative of the Hawaii Veterinary Medical Association, who shall be invited to participate;
(4) One
member from a Hawaii-based private nonprofit animal welfare organization, who
shall be invited to participate; and
(5) One member from the general public, who shall be invited to participate.
The advisory committee shall select a chairperson from among its members. Each member of the advisory committee shall be a resident of the State, serve a three-year term, and have an active interest in humanely reducing pet overpopulation and the number of free-roaming cats in the State.
(e) Within ninety days after the close of each fiscal year the advisory committee shall submit a report to the director of finance, in a form prescribed by the director, that identifies the total amount of funds that were disbursed from the special fund in the previous fiscal year and the amount of funds to be carried over to the next fiscal year.
(f) The members of the advisory committee shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties."
SECTION 3. Section 235-102.5, Hawaii Revised Statutes, is amended to read as follows:
"§235-102.5 Income check-off authorized. (a)
Any individual whose state income tax liability for any taxable year is
$3 or more may designate $3 of the liability to be paid over to the Hawaii
election campaign fund, any other law to the contrary notwithstanding, when
submitting a state income tax return to the department. In the case of a joint return of a [husband
and wife] married couple having a state income tax liability of $6
or more, each spouse may designate [that] $3 to be paid to the
fund. The director of taxation shall
revise the individual state income tax form to allow the designation of
contributions to the fund on the face of the tax return and immediately above
the signature lines. An explanation
shall be included which clearly states that the check-off does not constitute
an additional tax liability. If no
designation was made on the original tax return when filed, a designation may
be made by the individual on an amended return filed within twenty months and
ten days after the due date for the original return for [such] that
taxable year. A designation once made
whether by an original or amended return may not be revoked.
(b) Notwithstanding any law to the contrary, any
individual whose state income tax refund for any taxable year is $2 or more may
designate $2 of the refund to be deposited into the school-level minor repairs
and maintenance special fund established by section 302A-1504.5, when
submitting a state income tax return to the department. In the case of a joint return of a [husband
and wife] married couple having a state income tax refund of $4 or
more, each spouse may designate [that] $2 to be deposited into
the special fund. The director of
taxation shall revise the individual state income tax return form to allow the
designation of contributions to the special fund on the face of the tax return
and immediately above the signature lines.
If no designation was made on the original tax return when filed, a
designation may be made by the individual on an amended return filed within
twenty months and ten days after the due date for the original return for such
taxable year. A designation once made,
whether by an original or amended return, may not be revoked.
(c)
Notwithstanding any law to the contrary, any individual whose state
income tax refund for any taxable year is $5 or more may designate $5 of the
refund to be paid over to the libraries special fund established by section
312-3.6, when submitting a state income tax return to the department. In the case of a joint return of a married
couple having a state income tax refund of $10 or more, each spouse may
designate [that] $5 to be deposited into the special fund. The director of taxation shall revise the
individual state income tax form to allow the designation of contributions to
the fund on the face of the tax return and immediately above the signature
lines. If no designation was made on the
original tax return when filed, a designation may be made by the individual on
an amended return filed within twenty months and ten days after the due date
for the original return for that taxable year.
A designation once made, whether by an original or amended return, may
not be revoked.
(d) Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $5 or more may designate $5 of the refund to be paid over as follows:
(1) One-third to the Hawaii children's trust fund under section 350B-2; and
(2) Two-thirds to be divided equally among:
(A) The domestic violence and sexual assault special fund under the department of health in section 321-1.3;
(B) The spouse and child abuse special fund under the department of human services in section 346-7.5; and
(C) The spouse and child abuse special account under the judiciary in section 601-3.6.
When
designated by a taxpayer submitting a state income tax return to the
department, the department of budget and finance shall allocate the moneys
among the several funds as provided in this subsection. In the case of a joint return of a [husband
and wife] married couple having a state income tax refund of $10 or
more, each spouse may designate [that] $5 to be paid over as
provided in this subsection. The
director of taxation shall revise the individual state income tax form to allow
the designation of contributions pursuant to this subsection on the face of the
tax return and immediately above the signature lines. If no designation was made on the original
tax return when filed, a designation may be made by the individual on an
amended return filed within twenty months and ten days after the due date for
the original return for [such] that taxable year. A designation once made, whether by an
original or amended return, may not be revoked.
(e) Notwithstanding any law to the contrary, any individual whose state income tax refund for any taxable year is $5 or more may designate $5 of the refund to be deposited into the spay and neuter special fund established by section 143- , when submitting a state income tax return to the department of taxation. In the case of a joint return of a married couple having a state income tax refund of $10 or more, each spouse may designate $5 to be deposited into the spay and neuter special fund. The director of taxation shall revise the individual state income tax form to allow the designation of contributions to the fund on the face of the tax return and immediately above the signature lines. If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for that taxable year. A designation once made, whether by an original or amended return, shall not be revoked."
SECTION 4. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriation contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriation made in this Act is necessary to serve the public interest and to meet the need provided for by this Act.
SECTION 5. 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 2024-2025 to be deposited into the spay and neuter special fund.
SECTION 6. There is appropriated out of the spay and neuter special fund the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the counties of Hawaii, Maui, Kauai, and the city and county of Honolulu to implement this Act; provided that the sum appropriated shall be allocated as follows:
(1) $ to Hawaii county;
(2) $ to Maui county;
(3) $ to Kauai county; and
(4) $ to the city and county of Honolulu.
The sum appropriated shall be expended by the respective counties for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2024; provided that section 3 shall apply to taxable years beginning after December 31, 2023.
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INTRODUCED BY: |
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Report Title:
Spay and Neuter Special Fund; Income Check-Off; Free-Roaming Cats; Appropriation; General Fund Expenditure Ceiling Exceeded
Description:
Establishes a spay and neuter special fund and an advisory committee for the special fund. Allows funds from an income tax check-off to be deposited into the spay and neuter special fund. Appropriates moneys. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
