| 1 | 1 | | THE SENATE S.B. NO. 566 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to the spaying and neutering of animals. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 2 | 2 | | |
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| 3 | 3 | | THE SENATE S.B. NO. 566 |
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| 4 | 4 | | THIRTY-THIRD LEGISLATURE, 2025 |
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| 5 | 5 | | STATE OF HAWAII |
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| 6 | 6 | | |
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| 7 | 7 | | THE SENATE |
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| 8 | 8 | | |
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| 9 | 9 | | S.B. NO. |
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| 11 | 11 | | 566 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-THIRD LEGISLATURE, 2025 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | relating to the spaying and neutering of animals. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | SECTION 1. The legislature finds that the overpopulation of unwanted animals contributes to animal suffering in Hawaii. Animals living on the streets, including free-roaming cats, face dangers, pose a risk to public health and safety, and threaten the survival of native species. The legislature recognizes that spaying and neutering are proven ways to reduce animal overpopulation. However, many private and county spay and neuter efforts are underfunded. Accordingly, the purpose of this Act is to: (1) Establish a spay and neuter special fund to provide moneys for spay and neuter efforts; (2) Establish a spay and neuter special fund advisory committee to develop eligibility criteria for and oversee the disbursement of the spay and neuter special fund; and (3) Authorize, and require the director of taxation to amend the individual state income tax form to facilitate, the designation of tax refund moneys to be paid to the spay and neuter special fund. SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows: "§143- Spay and neuter special fund. (a) There is established in the state treasury the spay and neuter special fund, to be administratively attached to the department of budget and finance and managed by the spay and neuter special fund advisory committee. The following moneys shall be deposited into the fund: (1) State income tax refund moneys designated to be paid 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. (b) Moneys disbursed from the spay and neuter special fund shall be expended to: (1) Pay for spay and neuter surgeries and associated veterinary care, to help reduce animal overpopulation and the reproduction of free-roaming cats; and (2) Support eligible nonprofit organizations that are carrying out spay and neuter efforts; provided that all expenditures of moneys from the special fund shall be in accordance with eligibility criteria developed by the spay and neuter special fund advisory committee. §143- Spay and neuter special fund advisory committee. (a) There is established a spay and neuter special fund advisory committee to develop eligibility criteria for and manage the disbursement of the spay and neuter special fund. (b) In developing eligibility criteria, the advisory committee shall consider making eligible for funding organizations that specialize in trap-neuter-release practices; provided that all recipients of moneys from the special fund shall be encouraged not to release a spayed or neutered animal back into the environment but to instead re-home the animal when possible. (c) The advisory committee shall comprise: (1) One representative from the department of budget and finance; and (2) The following members, who shall be selected by the director of finance and invited to participate: (A) One representative from the Hawaii Animal Welfare Association or its successor organization; (B) One representative from the Hawaii Veterinary Medical Association; (C) One representative from a Hawaii-based private, nonprofit animal welfare organization; and (D) One representative from the general public. The advisory committee shall select a chairperson from among its members. (d) Each member of the advisory committee shall: (1) Be a resident of the State; (2) Serve a three-year term; and (3) Have an active interest in humanely reducing animal 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, 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. (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] 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 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 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. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu to implement this Act; provided that the sums appropriated shall be allocated as follows: (1) $ to the county of Hawaii; (2) $ to the county of Maui; (3) $ to the county of Kauai; and (4) $ to the city and county of Honolulu. The sums appropriated shall be expended by the respective counties 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 on July 1, 2025; provided that section 3 shall apply to taxable years beginning after December 31, 2024. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The legislature finds that the overpopulation of unwanted animals contributes to animal suffering in Hawaii. Animals living on the streets, including free-roaming cats, face dangers, pose a risk to public health and safety, and threaten the survival of native species. |
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| 50 | 50 | | |
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| 51 | 51 | | The legislature recognizes that spaying and neutering are proven ways to reduce animal overpopulation. However, many private and county spay and neuter efforts are underfunded. |
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| 52 | 52 | | |
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| 53 | 53 | | Accordingly, the purpose of this Act is to: |
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| 54 | 54 | | |
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| 55 | 55 | | (1) Establish a spay and neuter special fund to provide moneys for spay and neuter efforts; |
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| 56 | 56 | | |
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| 57 | 57 | | (2) Establish a spay and neuter special fund advisory committee to develop eligibility criteria for and oversee the disbursement of the spay and neuter special fund; and |
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| 58 | 58 | | |
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| 59 | 59 | | (3) Authorize, and require the director of taxation to amend the individual state income tax form to facilitate, the designation of tax refund moneys to be paid to the spay and neuter special fund. |
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| 60 | 60 | | |
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| 61 | 61 | | SECTION 2. Chapter 143, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows: |
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| 62 | 62 | | |
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| 63 | 63 | | "§143- Spay and neuter special fund. (a) There is established in the state treasury the spay and neuter special fund, to be administratively attached to the department of budget and finance and managed by the spay and neuter special fund advisory committee. The following moneys shall be deposited into the fund: |
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| 64 | 64 | | |
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| 65 | 65 | | (1) State income tax refund moneys designated to be paid to the special fund pursuant to section 235-102.5(e); and |
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| 66 | 66 | | |
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| 67 | 67 | | (2) Appropriations made by the legislature. |
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| 68 | 68 | | |
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| 69 | 69 | | All interest earned or accrued on moneys deposited into the special fund shall become part of the special fund. |
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| 70 | 70 | | |
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| 71 | 71 | | (b) Moneys disbursed from the spay and neuter special fund shall be expended to: |
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| 72 | 72 | | |
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| 73 | 73 | | (1) Pay for spay and neuter surgeries and associated veterinary care, to help reduce animal overpopulation and the reproduction of free-roaming cats; and |
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| 74 | 74 | | |
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| 75 | 75 | | (2) Support eligible nonprofit organizations that are carrying out spay and neuter efforts; |
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| 76 | 76 | | |
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| 77 | 77 | | provided that all expenditures of moneys from the special fund shall be in accordance with eligibility criteria developed by the spay and neuter special fund advisory committee. |
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| 78 | 78 | | |
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| 79 | 79 | | §143- Spay and neuter special fund advisory committee. (a) There is established a spay and neuter special fund advisory committee to develop eligibility criteria for and manage the disbursement of the spay and neuter special fund. |
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| 80 | 80 | | |
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| 81 | 81 | | (b) In developing eligibility criteria, the advisory committee shall consider making eligible for funding organizations that specialize in trap-neuter-release practices; provided that all recipients of moneys from the special fund shall be encouraged not to release a spayed or neutered animal back into the environment but to instead re-home the animal when possible. |
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| 82 | 82 | | |
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| 83 | 83 | | (c) The advisory committee shall comprise: |
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| 84 | 84 | | |
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| 85 | 85 | | (1) One representative from the department of budget and finance; and |
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| 86 | 86 | | |
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| 87 | 87 | | (2) The following members, who shall be selected by the director of finance and invited to participate: |
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| 88 | 88 | | |
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| 89 | 89 | | (A) One representative from the Hawaii Animal Welfare Association or its successor organization; |
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| 90 | 90 | | |
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| 91 | 91 | | (B) One representative from the Hawaii Veterinary Medical Association; |
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| 92 | 92 | | |
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| 93 | 93 | | (C) One representative from a Hawaii-based private, nonprofit animal welfare organization; and |
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| 94 | 94 | | |
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| 95 | 95 | | (D) One representative from the general public. |
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| 96 | 96 | | |
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| 97 | 97 | | The advisory committee shall select a chairperson from among its members. |
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| 98 | 98 | | |
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| 99 | 99 | | (d) Each member of the advisory committee shall: |
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| 100 | 100 | | |
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| 101 | 101 | | (1) Be a resident of the State; |
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| 102 | 102 | | |
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| 103 | 103 | | (2) Serve a three-year term; and |
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| 104 | 104 | | |
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| 105 | 105 | | (3) Have an active interest in humanely reducing animal overpopulation and the number of free-roaming cats in the State. |
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| 106 | 106 | | |
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| 107 | 107 | | (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, 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. |
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| 108 | 108 | | |
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| 109 | 109 | | (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." |
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| 110 | 110 | | |
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| 111 | 111 | | SECTION 3. Section 235-102.5, Hawaii Revised Statutes, is amended to read as follows: |
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| 112 | 112 | | |
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| 113 | 113 | | "§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. |
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| 114 | 114 | | |
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| 115 | 115 | | (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] that taxable year. A designation once made, whether by an original or amended return, may not be revoked. |
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| 116 | 116 | | |
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| 117 | 117 | | (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. |
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| 118 | 118 | | |
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| 119 | 119 | | (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: |
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| 120 | 120 | | |
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| 121 | 121 | | (1) One-third to the Hawaii children's trust fund under section 350B-2; and |
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| 122 | 122 | | |
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| 123 | 123 | | (2) Two-thirds to be divided equally among: |
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| 124 | 124 | | |
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| 125 | 125 | | (A) The domestic violence and sexual assault special fund under the department of health in section 321-1.3; |
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| 126 | 126 | | |
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| 127 | 127 | | (B) The spouse and child abuse special fund under the department of human services in section 346-7.5; and |
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| 128 | 128 | | |
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| 129 | 129 | | (C) The spouse and child abuse special account under the judiciary in section 601-3.6. |
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| 130 | 130 | | |
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| 131 | 131 | | 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. |
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| 132 | 132 | | |
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| 133 | 133 | | (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 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." |
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| 134 | 134 | | |
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| 135 | 135 | | 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to be deposited into the spay and neuter special fund. |
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| 136 | 136 | | |
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| 137 | 137 | | 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the counties of Hawaii, Maui, and Kauai and the city and county of Honolulu to implement this Act; provided that the sums appropriated shall be allocated as follows: |
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| 138 | 138 | | |
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| 139 | 139 | | (1) $ to the county of Hawaii; |
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| 140 | 140 | | |
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| 141 | 141 | | (2) $ to the county of Maui; |
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| 142 | 142 | | |
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| 143 | 143 | | (3) $ to the county of Kauai; and |
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| 144 | 144 | | |
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| 145 | 145 | | (4) $ to the city and county of Honolulu. |
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| 146 | 146 | | |
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| 147 | 147 | | The sums appropriated shall be expended by the respective counties for the purposes of this Act. |
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| 148 | 148 | | |
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| 149 | 149 | | SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 150 | 150 | | |
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| 151 | 151 | | SECTION 7. This Act shall take effect on July 1, 2025; provided that section 3 shall apply to taxable years beginning after December 31, 2024. |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | INTRODUCED BY: _____________________________ |
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| 156 | 156 | | |
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| 157 | 157 | | INTRODUCED BY: |
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| 158 | 158 | | |
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| 159 | 159 | | _____________________________ |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | Report Title: Department of Budget and Finance; Spay and Neuter Special Fund; Spay and Neuter Special Fund Advisory Committee; Taxation; Income Tax Refund Designation; Appropriation Description: Establishes a spay and neuter special fund. Establishes a spay and neuter special fund advisory committee to develop eligibility criteria for and manage the disbursement of the special fund. Authorizes, and requires the Director of Taxation to amend the individual state income tax form to facilitate, the designation of tax refund moneys to be paid to the spay and neuter special fund. Appropriates moneys into and out of the special fund. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 166 | 166 | | |
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| 167 | 167 | | |
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| 168 | 168 | | |
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| 169 | 169 | | |
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| 170 | 170 | | |
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| 171 | 171 | | |
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| 172 | 172 | | |
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| 173 | 173 | | Report Title: |
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| 174 | 174 | | |
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| 175 | 175 | | Department of Budget and Finance; Spay and Neuter Special Fund; Spay and Neuter Special Fund Advisory Committee; Taxation; Income Tax Refund Designation; Appropriation |
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| 176 | 176 | | |
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| 177 | 177 | | |
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| 178 | 178 | | |
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| 179 | 179 | | Description: |
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| 180 | 180 | | |
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| 181 | 181 | | Establishes a spay and neuter special fund. Establishes a spay and neuter special fund advisory committee to develop eligibility criteria for and manage the disbursement of the special fund. Authorizes, and requires the Director of Taxation to amend the individual state income tax form to facilitate, the designation of tax refund moneys to be paid to the spay and neuter special fund. Appropriates moneys into and out of the special fund. |
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| 185 | 185 | | |
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| 186 | 186 | | |
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| 187 | 187 | | |
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| 188 | 188 | | |
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| 189 | 189 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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