RELATING TO TAXATION.

HB260

HOUSE OF REPRESENTATIVES

H.B. NO.

260

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to taxation
.

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

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SECTION 1.
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The legislature finds that Hawaii residents
bear the fifth highest state fuel tax burdens, paying nearly fifty cents per
gallon of gasoline.
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The gas tax places a
larger burden on working families who are largely dependent on their personal
vehicles to travel between home and work.
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The legislature finds that a tax relief is needed to help residents with
high gas prices and lower the cost of living.
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The purpose of this Act is to eliminate state taxes on
motor fuels
.

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

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"(a)
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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.
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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.
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The
rates of tax imposed are as follows:

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

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

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

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(4)
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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;

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(5)
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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;

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(6)
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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

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(7)
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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.

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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.

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(b)
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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.
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The rates of the additional tax imposed are
as follows:

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(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;

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(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;

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(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

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(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.

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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.
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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.
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The department shall adopt
rules to administer the refunding of such taxes.

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(c)
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For taxable years beginning after December
31, 2025, tax savings based on the repeal of the state fuel and oil tax shall
be passed on from the distributor to the consumers as much as practicable.
"

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

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SECTION 4.
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This Act, upon its approval, shall apply to
taxable years beginning after December 31, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Tax;
Fuel; Gasoline; Cost of Living; Affordability

Description:

Eliminates
state taxes on gasoline and diesel fuel for motor vehicles.
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Requires savings be passed from distributor
to consumer.

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