HOUSE OF REPRESENTATIVES

H.B. NO.

2728

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EARLY LEARNING.

 

 

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

 


     SECTION 1.  The purpose of this Act is to provide funding for the early learning system, "keiki first steps", established under chapter 302L, Hawaii Revised Statutes.

     SECTION 2.  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 $25 or more may designate $25 of the refund to be deposited into the early learning trust fund established under section 302L-5 when submitting a state income tax return to the department.  In the case of a joint return of spouses having a state income tax refund of $50 or more, each spouse may designate that $25 be deposited into the early learning trust fund.  The director of taxation shall revise the individual state income tax return form to allow the designation of contributions to the early learning trust fund on the face of the tax return and immediately above the signature lines.  An explanation shall be included that clearly states that the designation does not constitute an additional tax refund.  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, shall not be revoked."

     SECTION 3.  Section 302L-5, Hawaii Revised Statutes, is amended to read as follows:

     "§302L-5  Early learning trust fund.  There is established within the state treasury the early learning trust fund, to be administered by the early learning council, into which shall be deposited all moneys received by the council in the form of:

     (1)  Fees;

     (2)  Grants;

     (3)  Donations;

     (4)  Appropriations made by the legislature to the fund; [and]

     (5)  Payments from the income tax refund designation under section 235-102.5; and

    [(5)] (6)  [Revenues] Other revenues regardless of their source,

and earnings on moneys in the fund.  Moneys in the fund shall be used for the early learning system.  Expenditures from the fund may be made by the council without appropriation or allotment."

     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, 2011.


 


 

Report Title:

Early Learning System Funding; Income Tax Refund Check-Off

 

Description:

Permits a taxpayer to designate a specified amount of the taxpayer's income tax refund to be deposited into the Early Learning Trust Fund.  (HB2728 HD1)

 

 

 

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