Report Title:

Hawaii Election Campaign Fund; Individual Donation

 

Description:

Increases from $2 to $10 the amount any individual (and $20 for a couple filing jointly) may specify to the Hawaii election campaign fund on the individual's state income tax return. Adds separate checkoff to allow any individual to make a donation directly to the Hawaii election campaign fund.

 

THE SENATE

S.B. NO.

834

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to Hawaii election campaign fund.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the public funding of elections and campaigns can reduce the spiraling cost of campaigns and lessen the influence of special interest money, while encouraging increased interaction between candidates and constituents. Through the current income check-off system, members of the public can designate a portion of their income tax liability to be paid over to the Hawaii election campaign fund.

The legislature finds that individuals may wish to give additional support to the fund. Increasing the amount designated to the Hawaii election campaign fund and accepting voluntary donations through the income tax forms will facilitate this desire. As an example, under the provisions of this Act, an individual who has an income tax liability of $4,000 can designate $10 of this tax liability to go to the Hawaii election campaign fund without affecting the amount of their tax refund or tax payment. The individual can also check a second box to make a voluntary donation, to be deducted from the refund or added to the payment.

The purpose of this Act is to increase the amount of the liability that may be designated to the fund and to allow individuals to make voluntary donations to the fund on their tax returns.

SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§235- Donation check-off authorized. Any individual may make a donation to be paid over to the Hawaii election campaign fund, in a separate check-off box. The director of taxation shall revise the individual state income tax form to allow the designation of donations 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 is a donation. A donation once made whether by an original or amended return may not be revoked."

SECTION 3. Section 235-102.5, Hawaii Revised Statutes, is amended to read as follows:

"§235-102.5 Income check-off authorized. Any individual whose state income tax liability for any taxable year is [$2] $10 or more may designate [$2] $10 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 of taxation. In the case of a joint return of a husband and wife having a state income tax liability of [$4] $20 or more, each spouse may designate that [$2] $10 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."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act upon its approval, shall apply to taxable years beginning after December 31, 2001.

INTRODUCED BY:

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