§243-4 - License taxes.

§243-4 License taxes. (a) [Repeal
and reenactment on December 31, 2012. L 2009, c 198, §3.] Every
distributor, in addition to any other taxes provided by law, shall 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, 2 cents;

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

(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, 17 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, 17 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, 17 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, 17 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.

(c) The tax shall not be collected in respect
to any benzol, benzene, toluol, xylol, or alternative fuel sold for use other
than for operating internal combustion engines. With respect to these
products, other than alternative fuels, the department, by rule, shall provide
for the reporting and payment of the tax and for the keeping of records in such
a manner as to collect, for each gallon of each product sold for use in
internal combustion engines for the generation of power, or so used, the same
tax or taxes as apply to each gallon of diesel oil. With respect to
alternative fuels, the only tax collected shall be that provided in paragraphs
(1), (2), and (3) of this subsection. This subsection shall not apply to
aviation fuel sold for use in or used for airplanes.

(1) Every distributor of any alternative fuel for
operation of an internal combustion engine shall pay a license tax to the
department of one-quarter of 1 cent for each gallon of alternative fuel sold or
used by the distributor;

(2) Every distributor, in addition to the tax
required under paragraph (1) of this subsection, shall pay a license tax to the
department for each gallon of alternative fuel sold or used by the distributor
for operating a motor vehicle or motor vehicles upon the public highways of the
State at a rate proportional to that of the rates applicable to diesel oil in
subsection (b), rounded to the nearest one-tenth of a cent, as follows:

(A) Ethanol, 0.145 times the rate for diesel;

(B) Methanol, 0.11 times the rate for diesel;

(D) Liquefied petroleum gas, 0.33 times the
rate for diesel; and

(E) For other alternative fuels, the rate
shall be based on the energy content of the fuels as compared to diesel fuel,
using a lower heating value of one hundred thirty thousand British thermal
units per gallon as a standard for diesel, so that the tax rate, on an energy
content basis, is equal to one-quarter the rate for diesel fuel.

The taxes so paid shall be paid into the
state treasury and deposited in special funds or paid over in the same manner
as provided in subsection (b) in respect of the tax on diesel oil;

(3) If any user of alternative fuel furnishes to the
distributor a certificate, in a form that the department shall prescribe or if
the distributor who uses alternative fuel signs the certificate, certifying
that the alternative fuel 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 by paragraphs (1) and (2) of this subsection shall not be applicable;
provided that no certificate shall be required if the alternative fuel is used
for fuel and heating purposes in the home. If a certificate is not or cannot
be furnished and the alternative fuel is in fact used for operating an internal
combustion engine or operating a motor vehicle or motor vehicles in areas other
than upon the 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 these taxes.

(d) No tax shall be collected in respect to
any liquid fuel, including diesel oil and liquefied petroleum gas, shown to the
satisfaction of the department to have been sold for use in and actually
delivered to, or sold in, the county of Kalawao. [L 1932 1st, c 19, §4; am L
1933, c 133, §2; am L 1937, c 189, §1; am L 1939, c 254, §1; am L Sp 1941, c
26, pt of §1; RL 1945, §5404; am L 1947, c 196, §2; am L 1949, c 360, §4; am L
1951, c 187, §2 and c 302, §1; am L 1953, cc 20, 197, 198, and 213, §1; am L
1955, cc 147, 148, 181, §1 and c 250, §2; RL 1955, §123-3; am L 1957, c 217,
§2; am L Sp 1959 2d, c 1, §16; am L 1962, c 23, §1; HRS §243-4; am L 1969, c 215,
§1; am L 1970, c 69, §1 and c 180, §18; am L 1971, c 51, §§1 and 2; am L 1977,
c 195, §2; am L 1985, c 239, §4; gen ch 1985; am L 1986, c 54, §1; am L 1991, c
263, §11; am L 2001, c 143, §3; am L 2004, c 96, §2; am L 2005, c 22, §5; am L
2007, c 103, §§3, 5(1) and c 209, §3; am L 2009, c 198, §2]