THE SENATE

S.B. NO.

1069

THIRTIETH LEGISLATURE, 2019

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REDUCTION OF NOISE FROM HELICOPTER OPERATIONS.

 

 

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

 


SECTION 1. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"235-   Helicopter noise-canceling technology system tax credit. (a) Each year during the credit period, there shall be allowed to each qualified taxpayer subject to the taxes imposed by this chapter, a helicopter noise-canceling technology system tax credit that shall be applied to 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) The amount of the tax credit shall be $         for each helicopter noise-canceling technology system installed by the qualified taxpayer; provided that a qualified taxpayer shall not claim more than one tax credit per helicopter.

(c) If the tax credit under this section exceeds the qualified taxpayer's net income tax liability, the excess of the credit over liability may be used as a tax credit against the taxpayer's net income tax liability in subsequent years until exhausted. All claims for a 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 tax credit may be claimed. Failure to comply with the foregoing provision shall constitute a waiver of the right to claim the tax credit.

(d) The director of taxation shall prepare any forms that may be necessary to claim a credit under this section. The director may also require the qualified taxpayer to furnish information to ascertain the validity of the claim for credit made under this section and may adopt rules necessary to effectuate the purposes of this section pursuant to chapter 91.

(e) A taxpayer claiming a tax credit pursuant to this section shall submit to the department of taxation a certification from a qualified inspector or other qualified person that the helicopter and the helicopter's noise-canceling technology system meet the requirements of this section.

(f) For the purpose of this section:

"Helicopter noise-canceling technology system" means any modification or equipment that is installed onto a helicopter with the effect of reducing the amount of noise emitted from the helicopter to a maximum sound level of       dBA as measured       feet from the helicopter.

"Qualified taxpayer" means a taxpayer who installs a helicopter noise-canceling technology system on a helicopter owned by the taxpayer and which is operated primarily within the State during the taxable year.

(g) The tax credit allowable in this section shall be available for taxable years beginning after December 31, 2019, and ending before January 1, 2022."

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

"237-   Tour helicopter surcharge. (a) There shall be levied, assessed, and collected on all gross proceeds and gross income taxable under this chapter a tour helicopter surcharge on every commercial helicopter business. The tour helicopter surcharge shall be as follows:

(1) For       passengers transported within a calendar month $        ; and

(2) For       passengers transported within a calendar month $        ;

(b) The director of taxation shall revise the general excise tax forms to provide for the clear and separate designation of the imposition and payment of the tour helicopter surcharge.

(c) The tour helicopter surcharge shall be collected by the director of taxation and shall be paid into the helicopter noise-canceling technology system special fund, established pursuant to section 237-  .

237-   Helicopter noise-canceling technology system special fund. (a) There is established in the state treasury the helicopter noise-canceling technology system special fund, into which shall be deposited all proceeds from the tour helicopter surcharge, pursuant to section 237-  .

(b) The director of taxation shall administer the helicopter noise-canceling technology system special fund.

(c) All moneys paid into the helicopter noise-canceling technology system special fund shall be appropriated, applied, or expended by the department for the administration of the helicopter noise-canceling technology system tax credit, pursuant to section 235-  .

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Helicopters; Noise-Canceling Technology Systems; Installation; Tax Credit; Tours; Commercial Flights; Surcharge; Special Fund

 

Description:

Establishes a tax credit for taxpayers who install a helicopter noise-canceling technology system on a helicopter owned by the taxpayer and operated primarily within the State during the taxable year. Establishes a tour helicopter surcharge. Establishes a helicopter noise-canceling technology system special fund. (SB1069 HD1)

 

 

 

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