§261-5  Disposition of airport revenue fund. 
(a)  Except for:



(1)  That portion of the payments received by the
department under a contract entered into as authorized by section 261-7 and
deposited in the transportation use special fund pursuant to section 261D-1;



(2)  All proceeds from the passenger facility charge
and deposited in the passenger facility charge special fund; and



(3)  All proceeds from the rental motor vehicle
customer facility charge and deposited in the rental motor vehicle customer facility
charge special fund,



all moneys received by the department from rents,
fees, and other charges collected pursuant to this chapter, as well as all
aviation fuel taxes paid pursuant to section 243-4(a)(2), shall be paid into
the airport revenue fund created by section 248-8.



All moneys paid into the airport revenue fund
shall be appropriated, applied, or expended by the department for any purpose
within the jurisdiction, powers, duties, and functions of the department
related to the statewide system of airports, including, without limitation, the
costs of operation, maintenance, and repair of the statewide system of airports
and reserves therefor, and acquisitions (including real property and interests
therein), constructions, additions, expansions, improvements, renewals,
replacements, reconstruction, engineering, investigation, and planning for the
statewide system of airports, all or any of which in the judgment of the
department are necessary to the performance of its duties or functions.  The
department shall generate sufficient revenues from its airport properties to
meet all of the expenditures of the statewide system of airports and to comply
with section 39-61; provided that as long as sufficient revenues are generated
to meet such expenditures, the director of transportation may, in the
director's discretion, grant a rebate of the aviation fuel taxes paid into the
airport revenue fund during a fiscal year pursuant to sections 243-4(a)(2) and
248-8 to any person who has paid airport use charges or landing fees during
such fiscal year.  Such rebate may be granted during the next succeeding fiscal
year but shall not exceed one-half cent per gallon per person, and shall be
computed on the total number of gallons for which the tax was paid by such person,
for such fiscal year.



(b)  At any time the director of transportation
may transfer from the airport revenue fund all or any portion of the moneys
received by the department paid under a contract entered into as authorized by
section 261-7 on account of the display, sale and delivery of in-bond
merchandise displayed or sold at locations in the State other than on airport
properties, as permitted under federal law without causing a violation of
federal grant agreements, which the director of transportation shall determine,
pursuant to rules promulgated pursuant to chapter 91, to be in excess of one
hundred fifty per cent of the requirements of the airport revenue fund for the
ensuing twelve months.



(c)  All expenditures by the department shall
be on vouchers duly approved by the director of transportation or such other
officer as may be designated by the director.



(d)  Notwithstanding the provisions contained
in any contract authorized by section 261-7 in effect on June 13, 1989,
from and after June 13, 1989, to and including June 30, 1990, all
payments made under such contract allocable to the display and sale of in-bond
merchandise at locations in the State other than on airport properties shall be
credited to the transportation use special fund established by section 261D-1
in the airport revenue fund established by section 248-8, but shall not be
appropriated, applied, or expended prior to July 1, 1990, except for
purposes provided under this section. [L 1947, c 32, pt of §1; RL 1955, §15-10;
am L Sp 1959 2d, c 1, §26; am L 1962, c 24, §§2, 3; HRS §261-5; am L 1968, c
20, §2; am L 1969, c 10, §6 and c 99, §1; gen ch 1985; am L 1989, c 309, §6; am
L 1990, c 149, §2; am L 2004, c 101, §4; am L 2008, c 226, §6]



 



Attorney General Opinions



 



  Indicates that fund be self-perpetuating.  Att. Gen. Op.
85-22.