SB3170

SECTION 1. Section 243-6, Hawaii Revised Statutes, is amended to read as follows:

"§243-6 Fuel taxes, dispositions. The "city and county of Honolulu fuel tax" shall be paid by the department of taxation into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the city and county of Honolulu for deposit into the fund known as the "highway fund" created by section 249-18.

The "county of Kauai fuel tax" shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Kauai for deposit into the fund known as the "highway fund" created by section 249-18.

The "county of Hawaii fuel tax" shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Hawaii for deposit into the fund known as the "highway fund" created by section 249-18.

The "county of Maui fuel tax" collected on account of liquid fuel sold or used on the island of Lanai or sold elsewhere for ultimate use on the island of Lanai, shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the fund known as the "highway fund" created by section 249-18, for expenditure on the island of Lanai. The "county of Maui fuel tax" collected on account of liquid fuel sold or used on the island of Molokai or sold elsewhere for ultimate use on the island of Molokai, shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the fund known as the "highway fund" created by section 249-18, for expenditure on the island of Molokai. The remainder of the "county of Maui fuel tax" shall be paid by the department into the state treasury, and shall, by the state director of finance, be paid over to the director of finance of the county of Maui for deposit into the fund known as the "highway fund" created by section 249-18.

Payments of the foregoing county fuel taxes may be supplemented by a fair and reasonable allocation, as determined by the state director of finance, by the use of federal pandemic relief funds received by the State and other federal pandemic relief sources, to the extent authorized by law.

Each of the foregoing taxes shall be expended for the following purposes, for the island for which the tax revenue is specially indicated, or, if none, for the county for which the tax revenue is indicated:

(1) For payment of interest on and redemption of any bonds duly issued or sold on or after July 1, 1951, under chapter 47 for the financing or aiding in financing the construction of county highway tunnels, approach roads thereto, and highways. Such payments of interest and principal on the bonds when due, shall be first charges on such moneys so deposited in the fund[.];

(2) For acquisition, designing, construction, reconstruction, improvement, repair, and maintenance of county main and general thoroughfares, highways, and other streets, street lights, storm drains, and bridges, including costs of new land therefor, when expenditures for the foregoing purposes cannot be financed under state-federal aid projects[.];

(3) In the case of the city and county of Honolulu, for payment of the city and county's share in an improvement district initiated by the city and county for an improvement listed in paragraph (2) [~~above~~] which is permitted to be constructed in the city and county[.];

(4) For the construction of county highway tunnels, overpasses, underpasses, and bridges, where such improvement cannot be made under state-federal aid projects[.];

(5) For purposes and functions connected with county traffic control and preservation of safety upon the public highways and streets[.];

(6) For purposes and functions in connection with mass transit[.];

(7) For acquisition, design, construction, improvement, repair, and maintenance of bikeways[.]; and

(8) [No] In the case of the county of Hawaii, funds may, in a manner consistent with paragraph (2), be expended for the maintenance of substandard private subdivision roads that are used by the public; provided that neither the State nor the county shall be required to maintain any infrastructure installed under this provision; provided further that no expenditure shall be made, out of the revenues paid into any [~~such~~] fund, which will jeopardize federal aid for highway construction."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2022; provided that this Act shall be repealed on June 30, 2027, and section 243-6, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.

INTRODUCED BY:

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THE SENATE	S.B. NO.	3170
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII