Bill Text: HI HB470 | 2011 | Regular Session | Introduced
Bill Title: Taxation; Environmental Response, Energy, and Food Security Tax
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2011-02-09 - (H) The committee(s) recommends that the measure be deferred. [HB470 Detail]
Download: Hawaii-2011-HB470-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
470 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to taxation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 243-3.5, Hawaii Revised Statutes, is amended to read as follows:
"§243-3.5 Environmental response, energy, and food security tax; uses. (a) In addition to any other taxes provided by law, subject
to the exemptions set forth in section 243-7, there is hereby imposed a state environmental
response, energy, and food security tax on each barrel or fractional part of a barrel
of petroleum product [sold by a distributor to any retail dealer or end user
of petroleum product, other than a refiner.] received at a marine terminal
from within or outside the State. The tax shall be $1.05 on each barrel or
fractional part of a barrel of petroleum product that is not aviation fuel; provided
that of the tax collected pursuant to this subsection:
(1) 5 cents of the tax on each barrel shall be deposited into the environmental response revolving fund established under section 128D-2;
(2) 15 cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;
(3) 10 cents of the tax on each barrel shall be deposited into the energy systems development special fund established under section 304A-2169; and
(4) 15 cents of the tax on each barrel shall be deposited into the agricultural development and food security special fund established under section 141-10.
The tax imposed by this subsection shall be [paid
by the distributor of the petroleum product.] collected by the marine terminal
operator from the owner of the petroleum product, based upon each barrel of petroleum
product received by means of a vessel operating in, through, or across waters
of the State.
(b) Each [distributor] marine terminal
operator subject to the [tax] requirements imposed by subsection
(a), on or before the last day of each calendar month, shall file with the director,
on forms prescribed, prepared, and furnished by the director, a return statement
of the tax under this section for which the [distributor] marine terminal
operator is liable for the preceding month. The form and payment of the tax
shall be transmitted to the department of taxation in the appropriate district.
(c) Notwithstanding section 248-8 to the contrary, the environmental response, energy, and food security tax collected under this section shall be paid over to the director of finance for deposit as provided in subsection (a).
(d) Every [distributor] marine terminal
operator shall keep in the State and preserve for five years a record in such
form as the department of taxation shall prescribe showing the total number of barrels
and the fractional part of barrels of petroleum product [sold by the distributor]
upon which the tax is collected during any calendar month. The record shall
show such other data and figures relevant to the enforcement and administration
of this chapter as the department may require.
(e) As used in this section:
"Marine terminal" means any facility used for transferring oil or petroleum products to or from a tank ship or tank barge.
"Operator" means any person who owns, has an ownership interest in, or operates a marine terminal. The term does not include the owner of land underlying a marine terminal or the owner of the marine terminal itself if that person is not involved in the operation of the marine terminal."
SECTION 2. Act 73, Session Laws of Hawaii 2010, is amended as follows:
1. By repealing section 10:
["SECTION 10. Any unexpended or
unencumbered funds remaining in the agricultural development and food security
special fund established by this Act, as of the close of business on June 30,
2015, shall lapse to the credit of the general fund."]
2. By amending section 14 to read:
"SECTION 14. This Act shall take effect
on July 1, 2010[; provided that sections 2, 3, 4, and 7 of this Act shall be
repealed on June 30, 2015, and sections 128D-2, 201-12.8, and 243-3.5, Hawaii
Revised Statutes, shall be reenacted in the form in which they read on June 30,
2010]."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Taxation; Environmental Response, Energy, and Food Security Tax
Description:
Requires a marine terminal operator, rather than a distributor, to collect the tax from the owner of petroleum products at the time those products are received at the terminal. Repeals the sunset date of Act 73, SLH 2010.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
