Bill Text: HI SB2837 | 2022 | Regular Session | Amended
Bill Title: Relating To The Spaying And Neutering Of Animals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-04-27 - Conference committee meeting to reconvene on 04-27-22 6:10PM; Conference Room 325. [SB2837 Detail]
Download: Hawaii-2022-SB2837-Amended.html
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THE SENATE |
S.B. NO. |
2837 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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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:
SECTION 1. The legislature finds that overpopulation contributes to animal suffering in Hawaii. Spaying and neutering pets are proven ways to reduce pet overpopulation and euthanasia rates. The legislature also finds that the humane reduction of the free-roaming cat population is in the interest of cats, wildlife, the environment, and humans. However, the State does not contribute funds to address these issues.
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. (a)
There is established the spay and neuter special fund to be administered
by the department of budget and finance.
Moneys received by the department from:
(1) State income tax refund designations to the special fund pursuant to section 235-102.5(e); and
(2) Appropriations or other moneys made available,
shall be
deposited into the special fund. All
interest earned or accrued on moneys deposited in the special fund shall become
part of the special fund. Moneys in the
special fund shall be expended 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. The
advisory committee 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 non-profit animal welfare organization, who shall be invited to participate; and
(5) Two members from the general public, who shall be invited to participate.
Members
of the advisory committee shall be selected by the director of finance, who
shall also select a chairperson from among the members. All members of the advisory committee shall
be residents of the State and shall serve three-year terms. All members shall have an active interest in humanely
reducing pet overpopulation and the number of free-roaming cats in the State.
(c)
The advisory committee shall submit an annual report to the director of
finance, in a form prescribed by the director, identifying 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. The advisory committee shall submit the report
to the director within ninety days from the close of each fiscal year.
(d)
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 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 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] that 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 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 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. 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 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."
SECTION 4. 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 2022-2023 to be deposited into the spay and neuter special fund.
SECTION 5. 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 2022-2023 for the purposes
of this Act.
The sum appropriated shall be expended by
the department of budget and finance for the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that section 3 shall apply to taxable years beginning after December 31, 2021; provided further that sections 4 and 5 shall take effect on July 1, 2022.
Report Title:
Spay and Neuter Special Fund; Income Check-off; Appropriation
Description:
Establishes a spay and neuter special fund and allows funds from an income tax check-off to be deposited into the special fund. Makes an appropriation. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
