Bill Text: HI SB1253 | 2021 | Regular Session | Introduced
Bill Title: Relating To Agriculture.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2021-02-01 - Referred to AEN/CPN, WAM. [SB1253 Detail]
Download: Hawaii-2021-SB1253-Introduced.html
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THE SENATE |
S.B. NO. |
1253 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 237-24.3, Hawaii Revised Statutes, is amended to read as follows:
"§237-24.3 Additional amounts not taxable. In addition to the amounts not taxable under section 237-24, this chapter shall not apply to:
"Agricultural
commodity"[, "producer", and "produce dealer" shall
be defined in the same manner as they are defined in section 147-1; provided
that agricultural commodities need not have been produced in the State;] means
any product resulting from agricultural activities as defined in section 269-1;
and
"Qualifying
entity" means any entity engaged in agricultural activities as defined in
section 269-1;
(2) Amounts received by the manager, submanager, or board of directors of:
(A) An association of a condominium property regime established in accordance with chapter 514B or any predecessor thereto; or
(B) A nonprofit homeowners or community association incorporated in accordance with chapter 414D or any predecessor thereto and existing pursuant to covenants running with the land,
in reimbursement of sums paid for common expenses;
(3) Amounts received or accrued from:
(A) The loading or unloading of cargo from ships, barges, vessels, or aircraft, whether or not the ships, barges, vessels, or aircraft travel between the State and other states or countries or between the islands of the State;
(B) Tugboat services including pilotage fees performed within the State, and the towage of ships, barges, or vessels in and out of state harbors, or from one pier to another; and
(C) The transportation of pilots or governmental officials to ships, barges, or vessels offshore; rigging gear; checking freight and similar services; standby charges; and use of moorings and running mooring lines;
(4) Amounts received by an employee benefit plan by way of contributions, dividends, interest, and other income; and amounts received by a nonprofit organization or office, as payments for costs and expenses incurred for the administration of an employee benefit plan; provided that this exemption shall not apply to any gross rental income or gross rental proceeds received after June 30, 1994, as income from investments in real property in this State; and provided further that gross rental income or gross rental proceeds from investments in real property received by an employee benefit plan after June 30, 1994, under written contracts executed prior to July 1, 1994, shall not be taxed until the contracts are renegotiated, renewed, or extended, or until after December 31, 1998, whichever is earlier. For the purposes of this paragraph, "employee benefit plan" means any plan as defined in title 29 United States Code section 1002(3), as amended;
(5) Amounts received for purchases made with United States Department of Agriculture food coupons under the federal food stamp program, and amounts received for purchases made with United States Department of Agriculture food vouchers under the Special Supplemental Foods Program for Women, Infants and Children;
(6) Amounts received by a hospital, infirmary, medical clinic, health care facility, pharmacy, or a practitioner licensed to administer the drug to an individual for selling prescription drugs or prosthetic devices to an individual; provided that this paragraph shall not apply to any amounts received for services provided in selling prescription drugs or prosthetic devices. As used in this paragraph:
"Prescription drugs" are those drugs defined under section 328-1 and dispensed by filling or refilling a written or oral prescription by a practitioner licensed under law to administer the drug and sold by a licensed pharmacist under section 328-16 or practitioners licensed to administer drugs; provided that "prescription drugs" shall not include cannabis or manufactured cannabis products authorized pursuant to chapters 329 and 329D; and
"Prosthetic device"
means any artificial device or appliance, instrument, apparatus, or
contrivance, including their components, parts, accessories, and replacements
thereof, used to replace a missing or surgically removed part of the human
body, which is prescribed by a licensed practitioner of medicine, osteopathy,
or podiatry and that is sold by the practitioner or that is dispensed and sold
by a dealer of prosthetic devices; provided that "prosthetic device"
shall not mean any auditory, ophthalmic, dental, or ocular device or appliance,
instrument, apparatus, or contrivance;
(7) Taxes on transient accommodations imposed by chapter 237D and passed on and collected by operators holding certificates of registration under that chapter;
(8) Amounts received as dues by an unincorporated merchants association from its membership for advertising media, promotional, and advertising costs for the promotion of the association for the benefit of its members as a whole and not for the benefit of an individual member or group of members less than the entire membership;
(9) Amounts received by a labor organization for real property leased to:
(A) A labor organization; or
(B) A trust fund established by a labor organization for the benefit of its members, families, and dependents for medical or hospital care, pensions on retirement or death of employees, apprenticeship and training, and other membership service programs.
As used in this paragraph, "labor organization" means a labor organization exempt from federal income tax under section 501(c)(5) of the Internal Revenue Code, as amended;
(10) Amounts received from foreign diplomats and consular officials who are holding cards issued or authorized by the United States Department of State granting them an exemption from state taxes; and
(11) Amounts received
as rent for the rental or leasing of aircraft or aircraft engines used by the
lessees or renters for interstate air transportation of passengers and
goods. For purposes of this paragraph,
payments made pursuant to a lease shall be considered rent regardless of
whether the lease is an operating lease or a financing lease. The definition of "interstate air transportation"
is the same as in title 49 [U.S.C.] United States Code
section 40102."
SECTION 2. Section 269-26.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§269-26.6[]] Preferential water carrier service rates for
agricultural activities. (a) The public utilities commission [may]:
(1) Shall authorize preferential water carrier
service rates by tariff for ratepayers that operate farms or ranches located in
any county with a population equal to or less than five hundred thousand; and
(2) May authorize preferential water carrier service rates by tariff for other ratepayers that engage in agricultural activities.
(b)
The [application process for
obtaining preferential water carrier service rates by tariff may be established
by the] public utilities commission[.] shall establish an application
process for obtaining preferential water carrier service rates by tariff. The commission shall ensure that any applicant
pursuing preferential rates pursuant to subsection (a)(1) is duly qualified for
preferential rates by reviewing federal tax returns or other documents that verify
the applicant operates a bona fide farm or ranch in a county with a population
equal to or less than five hundred thousand.
(c) The commission shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that section 1 shall take effect on July 1, 2021.
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INTRODUCED BY: |
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Report Title:
PUC; Agriculture; Taxation; Water Carrier Rates; Tariffs
Description:
Exempts from general excise tax law amounts received from the interisland transportation and related loading and unloading of livestock. Requires the public utilities commission to authorize preferential water carrier service rates by tariff for ratepayers that operate farms or ranches located in any county with a population equal to or less than 500,000.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
