Bill Text: HI SB397 | 2019 | Regular Session | Amended
Bill Title: Relating To Contracting.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2019-03-14 - The committee(s) on LAB recommend(s) that the measure be deferred. [SB397 Detail]
Download: Hawaii-2019-SB397-Amended.html
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THE SENATE |
S.B. NO. |
397 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CONTRACTING.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Private building developments; tax
clearances. (a) No building license shall be granted for a
private development valued at $195,000 or greater, unless the applicant has
presented to the issuing officer tax clearances from the director of taxation
and the Internal Revenue Service on behalf of the building contractor and any
subcontractors. The issuing officer
shall verify that all contractors and subcontractors have filed all tax returns
due, and that all taxes, interest, and penalties levied against the contractor
and subcontractors or accrued under title 14 that are administered by the
department of taxation and under the Internal Revenue Code have been paid. The director of taxation may waive the
Internal Revenue Service tax clearance requirement if the director determines
that it is in the best interest of the State.
The department of taxation may require that tax clearance applications be
submitted electronically.
(b) Any assignment of a contract for a private
development valued at $195,000 or greater shall require the assignee, as a
condition precedent to the assignment, to first obtain a bulk sales certificate
if required under section 237-43, and present the certificate, or tax clearance
as provided under subsection (a) if a bulk sales certificate is not required,
to the state or county contracting officer or agent.
(c) All state and county contracting officers or
agents shall withhold final inspection of a private development valued at $195,000
or greater until the receipt of tax clearances from the director of taxation
and the Internal Revenue Service on behalf of the building contractor and any
subcontractors; provided that the tax clearances shall be dated no earlier than
forty-five days prior to the date of the request for final inspection of the
private development.
(d) This section shall not apply to a contractor
or subcontractor if the department of taxation certifies that the contractor or
subcontractor is in good standing under a plan in which delinquent taxes,
interest, and penalties are being paid to the department of taxation or the
Internal Revenue Service, if applicable, in installments.
(e) Any officer or employee of any governmental
agency who intentionally or knowingly violates any provision under this section
shall be fined not more than $1,000 or imprisoned not more than one year, or
both.
(f) This section shall not apply to the extent and during the period that the validity of the taxes, penalties, or interest is being contested in an administrative or judicial appeal with the department of taxation or Internal Revenue Service."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $3,000 or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for grants-in-aid to the counties for the enforcement of section 46- , Hawaii Revised Statutes, to be allocated as follows:
(1) $500 to the county of Hawaii;
(2) $1,500 to the city and county of Honolulu;
(3) $500 to the county of Kauai; and
(4) $500 to the county of Maui.
The sums appropriated shall be expended by the department of budget and finance for the purposes of this Act.
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
DOTAX; Counties; Contracting; Private Developments; Tax Clearance
Description:
Requires contractors and subcontractors to submit tax clearances as a condition of obtaining building permits for private developments exceeding a certain value. Requires contractors and subcontractors to submit additional tax clearances before assignment of a contract for private developments exceeding a certain value. Authorizes the Department of Taxation to require that tax clearance applications be submitted electronically. Establishes penalties. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
