Hawaii Revised Statutes

Haw. Rev. Stat. § 261-5 (2026)

Disposition of airport revenue fund

✓ current as of July 2026

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

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

(2) 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. [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; am L 2015, c 237, §6]

Attorney General Opinions

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

Notes of Decisions

Cited in 6 cases, 1983–2014 · leading case: Charley's Taxi Radio Dispatch Corp. v. Sida of Hawaii, Inc., 562 F. Supp. 712 (D. Haw. 1983).

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Charley's Taxi Radio Dispatch Corp. v. Sida of Hawaii, Inc., 562 F. Supp. 712 (D. Haw. 1983). · cites it 10× “…specified by subsections (b) and (c). [L 1947, c 32, pt. of § 1; RL 1955, § 15-9; am L Sp 1959 2d, c 1, §§ 12, 26] Haw.Rev.Stat. § 261-5: § 261-5 Disposition of airport revenue fund, (a) All moneys received by the department of transportation from rents, fees and other…”

Trs. of the Off. of Hawaiian Affairs v. Yamasaki, 737 P.2d 446 (Haw. 1987). · cites it 2× “For example, HRS § 261-5 directs that “[a]ll moneys received by the department of transportation from rents, fees and other charges [from airport operations and] aviation fuel taxes .”

Deak-Perera Hawaii, Inc. v. Dep't of Transp., 553 F. Supp. 976 (D. Haw. 1983). · cites it 7× “Haw.Rev.Stat. § 261-5: § 261-5 Disposition of airport revenue fund (a) All moneys received by the department of transportation from rents, fees and other charges pursuant to this chapter as well as all aviation fuel taxes paid pursuant to section 243-4(a)(2) shall be paid into…”

Nelson v. Hawaiian Homes Comm'n, 277 P.3d 279 (Haw. 2012). · cites it 2× “5 (that OHA receive 20% of the funds derived from the public land trust) conflicted, in the case of lands sited within harbors, such as the airport, with HRS § 261-5, which directed that all moneys received by the State in connection with the airport be used to repay State…”

Bd. of Educ. v. Waihee, 768 P.2d 1279 (Haw. 1989). “5 and” the legislative mandates regarding income derived from the use of the foregoing lands in § 261-5. Id. at _, 737 P.2d at 458 (citation omitted).”

Pofolk Aviation Hawaii, Inc. v. Dep't of Transp., 339 P.3d 1056 (Haw. App. 2014). · cites it 2× “and joint use charges for the use of space shared by users, which fees and charges may vary among different classes of users such as foreign carriers, domestic carriers, interisland carriers, air taxi operators, helicopters, and such other classes as may be determined by the…”

— Haw. Rev. Stat. § 261-5(a) — 3 cases

Charley's Taxi Radio Dispatch Corp. v. Sida of Hawaii, Inc., 562 F. Supp. 712 (D. Haw. 1983). “…specified by subsections (b) and (c). [L 1947, c 32, pt. of § 1; RL 1955, § 15-9; am L Sp 1959 2d, c 1, §§ 12, 26] Haw.Rev.Stat. § 261-5: § 261-5 Disposition of airport revenue fund, (a) All moneys received by the department of transportation from rents, fees and other…”

Deak-Perera Hawaii, Inc. v. Dep't of Transp., 553 F. Supp. 976 (D. Haw. 1983). “Haw.Rev.Stat. § 261-5: § 261-5 Disposition of airport revenue fund (a) All moneys received by the department of transportation from rents, fees and other charges pursuant to this chapter as well as all aviation fuel taxes paid pursuant to section 243-4(a)(2) shall be paid into…”

Pofolk Aviation Hawaii, Inc. v. Dep't of Transp., 339 P.3d 1056 (Haw. App. 2014). “and joint use charges for the use of space shared by users, which fees and charges may vary among different classes of users such as foreign carriers, domestic carriers, interisland carriers, air taxi operators, helicopters, and such other classes as may be determined by the…”

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