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

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

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

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

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

All moneys paid into the airport revenue fundshall be appropriated, applied, or expended by the department for any purposewithin the jurisdiction, powers, duties, and functions of the departmentrelated to the statewide system of airports, including, without limitation, thecosts of operation, maintenance, and repair of the statewide system of airportsand reserves therefor, and acquisitions (including real property and intereststherein), constructions, additions, expansions, improvements, renewals,replacements, reconstruction, engineering, investigation, and planning for thestatewide system of airports, all or any of which in the judgment of thedepartment are necessary to the performance of its duties or functions.  Thedepartment shall generate sufficient revenues from its airport properties tomeet all of the expenditures of the statewide system of airports and to complywith section 39-61; provided that as long as sufficient revenues are generatedto meet such expenditures, the director of transportation may, in thedirector's discretion, grant a rebate of the aviation fuel taxes paid into theairport revenue fund during a fiscal year pursuant to sections 243-4(a)(2) and248-8 to any person who has paid airport use charges or landing fees duringsuch fiscal year.  Such rebate may be granted during the next succeeding fiscalyear but shall not exceed one-half cent per gallon per person, and shall becomputed 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 transportationmay transfer from the airport revenue fund all or any portion of the moneysreceived by the department paid under a contract entered into as authorized bysection 261-7 on account of the display, sale and delivery of in-bondmerchandise displayed or sold at locations in the State other than on airportproperties, as permitted under federal law without causing a violation offederal grant agreements, which the director of transportation shall determine,pursuant to rules promulgated pursuant to chapter 91, to be in excess of onehundred fifty per cent of the requirements of the airport revenue fund for theensuing twelve months.

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

(d)  Notwithstanding the provisions containedin 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, allpayments made under such contract allocable to the display and sale of in-bondmerchandise at locations in the State other than on airport properties shall becredited to the transportation use special fund established by section 261D-1in the airport revenue fund established by section 248-8, but shall not beappropriated, applied, or expended prior to July 1, 1990, except forpurposes 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, c20, §2; am L 1969, c 10, §6 and c 99, §1; gen ch 1985; am L 1989, c 309, §6; amL 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.