Bill Text: HI HB1447 | 2023 | Regular Session | Amended
Bill Title: Relating To Native Plant Species.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2023-02-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Todd excused (1). [HB1447 Detail]
Download: Hawaii-2023-HB1447-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1447 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NATIVE PLANT SPECIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii is in the midst of a biodiversity crisis. Due to rapid changes in land use over the past century, many species native to Hawaii are facing extinction in the near future. While our system of parks and nature preserves have made powerful strides in conserving biodiversity, more action is needed. The legislature also finds that private landowners are entrusted with stewardship of our islands and bear a responsibility to ensure that their natural beauty is preserved for the next generation.
Accordingly, the purpose of this Act is to help landowners fulfill their responsibility by establishing an income tax credit for taxpayers who engage in preservation efforts using native plants.
SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§235- Native
plant preservation tax credit. (a)
There shall be allowed to each taxpayer subject to the tax imposed under
this chapter, a native plant preservation tax credit that shall be deductible
from the taxpayer's net income tax liability, if any, imposed by this chapter
for the taxable year in which the credit is properly claimed.
(b) In the case of a partnership, S corporation,
estate, or trust, the tax credit shall be determined at the entity level. Distribution and share of credit shall be
determined by rule.
(c) The native
plant preservation tax credit shall be equal to $1,000 multiplied by the
percentage of the taxpayer's land that is occupied by native plants, as
certified by the department of land and natural resources; provided that no
credit shall be allowed under this section if the percentage of a taxpayer's
land that is occupied by native plants is less than twenty per cent.
(d) The total amount of tax credits allowed under
this section shall not exceed $2,000,000 for all qualified taxpayers in any
taxable year; provided that any taxpayer who is not eligible to claim the
credit in a taxable year due to the $2,000,000 cap being met for that taxable
year shall be eligible to claim the credit in the subsequent taxable year.
(e) The department of land and natural resources
shall:
(1) Maintain records of the names and addresses of the taxpayers claiming the credits under this section;
(2) Verify the
percentage of a taxpayer's land that is occupied by native plants;
(3) Certify all
qualified use of native plants for the purposes of this section; and
(4) Certify to each taxpayer the amount of credit the taxpayer may claim.
The department of land and
natural resources may assess and collect a fee to offset the costs of
certifying tax credit claims under this section.
(f) The director of taxation:
(1) Shall prepare any forms that may be necessary to claim a tax credit under this section;
(2) May require the taxpayer to furnish reasonable information to ascertain the validity of the claim for the tax credit made under this section; and
(3) May adopt rules under chapter 91 necessary to effectuate the purposes of this section.
(g) If the tax credit under this section exceeds
the taxpayer's net income tax liability, the excess of the credit over
liability may be used as a credit against the taxpayer's net income tax
liability in subsequent years until exhausted.
All claims for the tax credit
under this section, including amended claims, shall be filed on or before the
end of the twelfth month following the close of the taxable year for which the
credit may be claimed. Failure to comply
with the foregoing provision shall constitute a waiver of the right to claim
the credit.
(h) As used in this section:
"Native plant" means any plant that is indigenous or endemic to
Hawaii.
"Net income tax liability" means
income tax liability reduced by all other credits allowed under this chapter."
SECTION 3. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the department of land and natural resources to carry out its responsibilities, including for certification, with respect to the tax credit established by section 235- , Hawaii Revised Statutes, including $ for the establishment of full-time equivalent ( FTE) positions.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 3000, and shall apply to taxable years beginning after December 31, 2022; provided that this Act shall be repealed on June 30, 2028.
Report Title:
Income Tax Credit; Native Plants; Preservation; Appropriation
Description:
Creates a non-refundable income tax credit for taxpayers who engage in preservation efforts using native plants. Appropriates funds. Repeals 6/30/2028. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
