SB 3337: Tax; Fuel; Gasoline; Cost of Living; Affordability

A BILL FOR AN ACT

RELATING TO TAXATION.

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

     SECTION 1.  The legislature finds that Hawaii residents bear substantial state fuel tax burdens, with a large share being felt by working families who are dependent on their personal vehicles to travel between home and work.  The legislature finds that tax relief is needed to help residents with high gas prices and lower the cost of living.

     The legislature further finds that the increasing adoption of electric and hybrid vehicles reduces state fuel tax collections resulting in a greater diversification of sources for the State Highway Fund, where fuel taxes presently comprise 21% of total revenues, down dramatically from 45% in 2011. As the State Department of Transportation explores alternative funding mechanisms, it is important to consider changes that provide direct relief to our drivers.

     Therefore, the purpose of this Act is to eliminate state taxes on motor fuels.

     SECTION 2.  Section 243-4, Hawaii Revised Statutes, is amended by amending subsection (a) and (b) to read as follows:

     "(a)  Every distributor shall, in addition to any other taxes provided by law, pay a license tax to the department of taxation for each gallon of liquid fuel refined, manufactured, produced, or compounded by the distributor and sold or used by the distributor in the State or imported by the distributor, or acquired by the distributor from persons who are not licensed distributors, and sold or used by the distributor in the State.  Any person who sells or uses any liquid fuel, knowing that the distributor from whom it was originally purchased has not paid and is not paying the tax thereon, shall pay such tax as would have applied to such sale or use by the distributor.  The rates of tax imposed are as follows:

     (1)  For each gallon of diesel oil, 1 cent;

     (2)  For each gallon of gasoline or other aviation fuel sold for use in or used for airplanes, 1 cent;

     (3)  For each gallon of naphtha sold for use in a power-generating facility, 2 cents;

     (4)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the city and county of Honolulu, or sold in any county for ultimate use in the city and county of Honolulu, [16 cents state tax, and in addition thereto] an amount, to be known as the "city and county of Honolulu fuel tax", as shall be levied pursuant to section 243-5;

     (5)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Hawaii, or sold in any county for ultimate use in the county of Hawaii, [16 cents state tax, and in addition thereto] an amount, to be known as the "county of Hawaii fuel tax", as shall be levied pursuant to section 243-5;

     (6)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Maui, or sold in any county for ultimate use in the county of Maui, [16 cents state tax, and in addition thereto] an amount, to be known as the "county of Maui fuel tax", as shall be levied pursuant to section 243-5; and

     (7)  For each gallon of liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), and other than an alternative fuel, sold or used in the county of Kauai, or sold in any county for ultimate use in the county of Kauai, [16 cents state tax, and in addition thereto] an amount, to be known as the "county of Kauai fuel tax", as shall be levied pursuant to section 243-5.

     If it is shown to the satisfaction of the department, based upon proper records and from any other evidence as the department may require, that liquid fuel, other than fuel mentioned in paragraphs (1), (2), and (3), is used for agricultural equipment that does not operate upon the public highways of the State, the user thereof may obtain a refund of all taxes thereon imposed by this section in excess of 1 cent per gallon.  The department shall adopt rules to administer such refunds.

     (b)  Every distributor of diesel oil, in addition to the tax required by subsection (a), shall pay a license tax to the department for each gallon of diesel oil sold or used by the distributor for operating a motor vehicle or motor vehicles upon public highways of the State.  The rates of the additional tax imposed are as follows:

     (1)  For each gallon of diesel oil sold or used in the city and county of Honolulu, or sold in any other county for ultimate use in the city and county of Honolulu, [15 cents state tax, and in addition thereto] an amount, to be known as the "city and county of Honolulu fuel tax", as shall be levied pursuant to section 243-5;

     (2)  For each gallon of diesel oil sold or used in the county of Hawaii, or sold in any other county for ultimate use in the county of Hawaii, [15 cents state tax, and in addition thereto] an amount, to be known as the "county of Hawaii fuel tax", as shall be levied pursuant to section 243-5;

     (3)  For each gallon of diesel oil sold or used in the county of Maui, or sold in any other county for ultimate use in the county of Maui, [15 cents state tax, and in addition thereto] an amount, to be known as the "county of Maui fuel tax", as shall be levied pursuant to section 243-5; and

     (4)  For each gallon of diesel oil sold or used in the county of Kauai, or sold in any other county for ultimate use in the county of Kauai, [15 cents state tax, and in addition thereto] an amount, to be known as the "county of Kauai fuel tax", as shall be levied pursuant to section 243-5.

     If any user of diesel oil furnishes a certificate, in a form that the department shall prescribe, to the distributor or if the distributor who uses diesel oil signs the certificate, certifying that the diesel oil is for use in operating a motor vehicle or motor vehicles in areas other than upon the public highways of the State, the tax as provided in paragraphs (1) to (4) shall not be applicable.  If a certificate is not or cannot be furnished and the diesel oil is in fact for use for operating a motor vehicle or motor vehicles in areas other than upon public highways of the State, the user thereof may obtain a refund of all taxes thereon imposed by the foregoing paragraphs.  The department shall adopt rules to administer the refunding of such taxes."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act, upon its approval, shall apply to taxable years beginning after December 31, 2026.

Report Title:

Tax; Fuel; Gasoline; Cost of Living; Affordability

Description:

Eliminates state taxes on gasoline and diesel fuel for motor vehicles.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.