Bill Text: HI HB2754 | 2012 | Regular Session | Introduced
Bill Title: Preservation; Hawaii's Moving Images; Special Fund; Tax Check-off
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2012-01-27 - (H) Referred to CUA, FIN, referral sheet 9 [HB2754 Detail]
Download: Hawaii-2012-HB2754-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2754 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the preservation of hawaii's moving images.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i honors the former United States Senate Sergeant-At-Arms – the first person of color and the first of Polynesian ancestry to hold the position - who died in 2005. Funded by a congressionally directed grant through the United States Department of Education, the archive is dedicated to the care of film, videotape, and audiovisual materials, and the preservation of Hawaii's rich moving image tradition.
‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i will be located at the University of Hawaii, West Oahu, and will include an online archive of recently preserved and digitized materials and an English and Hawaiian language website.
The purpose of this Act is to designate ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i as the state archive for moving images, establish a special fund, and a tax check-off.
SECTION 2. Chapter 304A, part IV, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§304A-A ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i. ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i is designated as the official state archive for moving images. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to funds received by ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i; provided that if the archive in turn contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract.
§304A-B ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i special fund. There is established the ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i special fund into which shall be deposited any legislative appropriations, federal or private grants, and any other funds collected for the purposes of the ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i established under section 304A-A. The fund shall be administered by the university, and moneys in the fund shall be expended to support the archive's activities."
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 having a state income tax liability of $6 or more, each spouse may designate that $3 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 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 having a state income tax refund of $4 or more, each spouse may designate that $2 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 $2 or more may designate $2 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 husband and wife having a state income tax refund of $4 or more, each spouse may designate that $2 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 such 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 account 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 having a state income tax refund of $10 or more, each spouse may designate that $5 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 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 $ or more may designate $ of the refund to be paid over to the ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i special fund established by section 304A-A, when submitting a state income tax return to the department. In the case of a joint return of a husband and wife having a state income tax refund of $ or more, each spouse may designate that $ 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 such taxable year. A designation once made, whether by an original or amended return, may not be revoked."
SECTION 4. In codifying the new sections added by section 2 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 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2012.
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INTRODUCED BY: |
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Report Title:
Preservation; Hawaii's Moving Images; Special Fund; Tax Check-off
Description:
Designates ‘Ulu‘ulu: The Henry Ku‘ualoha Giugni Moving Image Archive of Hawai‘i as the state archive for moving images; establishes a special fund; establishes a tax check-off.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
