Bill Text: HI SB2239 | 2010 | Regular Session | Introduced


Bill Title: General Excise Tax; Snack Foods

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-21 - (S) Referred to HTH, WAM. [SB2239 Detail]

Download: Hawaii-2010-SB2239-Introduced.html

THE SENATE

S.B. NO.

2239

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to general excise taxes on snack foods.

 

 

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

 


     SECTION 1.  Adult Americans have often struggled with weight gain, unhealthy eating and drinking, and at curbing their desire to consume snack foods for many decades.  Consequently, according to an article in Forbes Magazine, that has led to the United States being the ninth most obese country in the world for adults aged fifteen years and older.

     According to statistics from the sixth annual F as in Fat: How Obesity Policies are Failing in America, 2009 Report, the rate of adult obesity, which is typically defined as a person having a body mass index score of thirty or more, in the United States has surpassed twenty-five per cent in thirty-one states and exceeded twenty per cent in forty-nine states.  This compares to no states having an adult obesity rate above twenty per cent as recently as 1991.

     In examining the change in eating habits that have occurred in the United States since 1991, there has been an explosion of snack foods onto the market that are available for American consumers.  Snack foods include harmful or unhealthy additives, preservatives, or ingredients that are processed or unnatural.  Snack foods also contain significant amounts of sweeteners that have little or no nutritional value and are items that are packaged or designed to be portable.  Snack foods include, but are not limited to, potato chips, pretzels, chocolate bars, candy bars, candy, ice cream, cookies, doughnuts, jerky, popcorn, and pork rinds, which have become a staple in the diet of American adults and children of very young ages.

     The purpose of this Act is to attempt to deter the purchase of snack foods through tax reform.  Specifically, to adopt tax reform that would require an additional imposition of general excise tax on purchases of snack foods.

     SECTION 2.  Chapter 237, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§237-    Additional imposition of tax.  (a)  Upon every person engaging or continuing within the State in the business of selling snack foods, there is hereby levied and shall be assessed and collected the following privilege taxes:

     (1)  A rate equal to        per cent of the gross proceeds on the sale of snack foods that are less than or equal to        ounces; and

     (2)  A rate equal to        per cent of the gross proceeds on the sale of snack foods that are more than        ounces;

provided that the rate of privilege taxes levied, assessed, and collected under this section are in addition to the privilege taxes levied, assessed, and collected under section 237-13 and the county surcharge on state tax that is levied, assessed, and collected under section 237-8.6.

     (b)  For purposes of this section:

     "Snack foods" includes non-nutritional additives, preservatives, or ingredients that are processed or unnatural.  "Snack foods" also contain significant amounts of sweeteners that have little or no nutritional value and are items that are packaged or designed to be portable.  "Snack foods" include, but are not limited to, potato chips, pretzels, chocolate bars, candy bars, candy, ice cream, cookies, doughnuts, jerky, popcorn, and pork rinds.  "Snack foods" does not include fresh fruits, vegetables, salads, or sweetened beverages.

     "Sweetened beverages" means any nonalcoholic beverage containing processed sugar, high fructose corn syrup, dextrose, aspartame, sucralose, molasses, or honey that is sold for human consumption.  "Sweetened beverages" includes, but is not limited to, soda, juices containing less than one hundred per cent fruit juice, sports drinks, energy drinks, and flavored teas.  "Sweetened beverages" does not include water, milk, coffee, and drinks that are labeled as one hundred per cent fruit juice.

     (c)  All revenues collected pursuant to this section shall be remitted to the department of education and deposited to the credit of programs that fund K-12 education."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

General Excise Tax; Snack Foods

 

Description:

Levies, assesses, and collects an additional imposition of general excise tax on snack foods that is in addition to the existing 4% rate and the county surcharge of .5%.  Requires the additional revenues to be remitted to the department of education and deposited to the credit of programs that fund K-12 education.

 

 

 

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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