§248-9  State highway fund.  (a)  Moneysin the state highway fund may be expended for the following purposes:

(1)  To pay the costs of operation, maintenance, andrepair of the state highway system, including without limitation, the cost ofequipment and general administrative overhead;

(2)  To pay the costs of acquisition (including realproperty and interests therein), planning, designing, construction, andreconstruction of the state highway system and bikeways, including, withoutlimitation, the cost of equipment and general administrative overhead;

(3)  To reimburse the general fund for interest on andprincipal of general obligation bonds issued to finance highway projects wherethe bonds are designated to be reimbursable out of the state highway fund; and

(4)  To pay the costs of construction, maintenance,and repair of county roads; provided that none of the funds expended on acounty road or program shall be federal funds when such expenditure would causea violation of federal law or a federal grant agreement.

(b)  At any time, the director oftransportation may transfer from the state highway fund all or any portion ofavailable moneys determined by the director of transportation to exceed onehundred thirty-five per cent of the requirements for the ensuing twelve monthsfor the state highway fund as permitted by and in accordance with section37-53.  For purposes of the determination, the director of transportation shalltake into consideration:

(1)  The amount of federal funds and bond funds on depositin, and budgeted to be expended from, the state highway fund during the period;

(2)  Amounts on deposit in the state highway fund thatare encumbered or otherwise obligated;

(3)  Budgeted amounts payable from the state highwayfund during the period;

(4)  Revenues anticipated to be received by andexpenditures to be made from the state highway fund during the period based onexisting agreements and other information for the ensuing twelve months; and

(5)  Any other factors as the director of transportationshall deem appropriate. [L 1932 1st, c 19, pt of §12; am imp L 1932 2d, c 40,§§26, 71; am L Sp 1933, c 6, §1; RL 1935, pt of §2021; am L 1937, c 172, pt of§3; am L 1941, c 212, §1; am L Sp 1941, c 49, §1; RL 1945, pt of §5260; am L1945, c 82, pt of §5; am L 1947, c 32, §5, c 36, §1, and c 196, pt of §1; am L1953, c 189, §1; am L 1955, c 250, §1(b); am L 1955, c 249, §2, rat 70 Stat545, c 602; RL 1955, §129-12; am L Sp 1959 2d, c 1, §§14, 16, 26; am L 1963, c114, §1; am L 1966, c 43, §2; am L 1967, c 204, §1; HRS §248-9; am L 1977, c68, §2; am L 1979, c 167, §1; am L 1989, c 309, §5; am L 1997, c 270, §1; am L2006, c 125, §2 and c 166, §2; am L 2007, c 286, §1]

 

Note

 

  The governor may modify the provisions of Act 125, L 2006,but shall report any modification to the legislature.  L 2006, c 125, §3.

 

Cross References

 

  Use of highway fundfor bikeways, see §264‑18.