SB 1483: RELATING TO HIGHWAY REVENUE BONDS.

A BILL FOR AN ACT

RELATING TO HIGHWAY REVENUE BONDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Act 164, Session Laws of Hawaii 2023, as amended by Act 230, Session Laws of Hawaii 2024, is amended by adding a new section to part VII to read as follows:

     "SECTION 15.4.  HIGHWAY REVENUE BONDS.  The department of transportation may issue highway revenue bonds for highway capital improvement projects authorized in part II and listed in part V of this Act and designated to be financed by revenue bond funds or by general obligation bond funds with the debt service cost to be paid from special funds, in a principal amount as shall be required to yield the amounts appropriated for the capital improvement projects and, if so determined by the department and approved by the governor, any additional principal amount as may be deemed necessary by the department to pay interest on the highway revenue bonds during the estimated period of construction of the capital improvement projects for which the highway revenue bonds are issued, to establish, maintain, or increase reserves for the highway revenue bonds or highway revenue bonds heretofore authorized (whether authorized and issued or authorized and still unissued), and to pay all or any part of the expenses related to the issuance of the highway revenue bonds.  The highway revenue bonds shall be issued pursuant to part III of chapter 39, Hawaii Revised Statutes, as amended.  The principal of and interest on the highway revenue bonds, to the extent not paid from the proceeds of the highway revenue bonds, shall be payable from and secured by the revenues derived from highways and related facilities under the ownership of the State or operated and managed by the department; from the highway fuel taxes, vehicle weight taxes, and vehicle registration fees levied and paid pursuant to sections 243-4, 248-8, 249-31, and 249-33, Hawaii Revised Statutes; from federal moneys received by the State or any department thereof that are available to pay principal of or interest on indebtedness of the State, or the part of any thereof as the department may determine; and from other user taxes, fees, or charges currently or hereafter derived from or arising through the ownership, operation, and management of highways and related facilities and the furnishing and supplying of the services thereof.  The expenses related to the issuance of the highway revenue bonds, to the extent not paid from the proceeds of the bonds, shall be paid from the state highway fund.

     The governor, in the governor's discretion, may use the state highway fund to finance those projects authorized in part II and listed in part V of this Act where the method of financing is designated to be by highway revenue bond funds."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

DOT; Budget Provisions; Highway Revenue Bonds; Bond Authorization

Description:

Restores the revenue bond authorization for the Department of Transportation to issue Highway Revenue Bonds for highway capital improvement projects authorized in Act 164, SLH 2023, as amended by Act 230, SLH 2024.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO HIGHWAY REVENUE BONDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Part VII of Act 164, Session Laws of Hawaii 2023, as amended by Act 230, Session Laws of Hawaii 2024, is further amended by adding a new section 15.4 to read as follows:

     "SECTION 15.4.  HIGHWAY REVENUE BONDS.  The department of transportation may issue highway revenue bonds for highway capital improvement projects authorized in part II and listed in part V of this Act and designated to be financed by revenue bond funds or by general obligation bond funds with the debt service cost to be paid from special funds, in a principal amount as shall be required to yield the amounts appropriated for the capital improvement projects and, if so determined by the department and approved by the governor, any additional principal amount as may be deemed necessary by the department to pay interest on the highway revenue bonds during the estimated period of construction of the capital improvement projects for which the highway revenue bonds are issued, to establish, maintain, or increase reserves for the highway revenue bonds or highway revenue bonds heretofore authorized (whether authorized and issued or authorized and still unissued), and to pay all or any part of the expenses related to the issuance of the highway revenue bonds.  The highway revenue bonds shall be issued pursuant to part III of chapter 39, Hawaii Revised Statutes, as amended.  The principal of and interest on the highway revenue bonds, to the extent not paid from the proceeds of the highway revenue bonds, shall be payable from and secured by the revenues derived from highways and related facilities under the ownership of the State or operated and managed by the department; from the highway fuel taxes, vehicle weight taxes, and vehicle registration fees levied and paid pursuant to sections 243-4, 248-8, 249-31, and 249-33, Hawaii Revised Statutes; from federal moneys received by the State or any department thereof that are available to pay principal of or interest on indebtedness of the State, or the part of any thereof as the department may determine; and from other user taxes, fees, or charges currently or hereafter derived from or arising through the ownership, operation, and management of highways and related facilities and the furnishing and supplying of the services thereof.  The expenses related to the issuance of the highway revenue bonds, to the extent not paid from the proceeds of the bonds, shall be paid from the state highway fund.

     The governor, in the governor's discretion, may use the state highway fund to finance those projects authorized in part II and listed in part V of this Act where the method of financing is designated to be by highway revenue bond funds."

     SECTION 2.  If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, then the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby.  If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of such appropriation to the extent possible.

     SECTION 3.  If manifest clerical, typographical, or other mechanical errors are found in this Act, the governor may correct such errors.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Budget Provisions; Highway Revenue Bonds; Bond Authorization; Department of Transportation

Description:

Restores the revenue bond authorization for the Department of Transportation to issue Highway Revenue Bonds for highway capital improvement projects authorized in Act 164, Session Laws of Hawaii (SLH) 2023, as amended by Act 230, SLH 2024.  Effective upon approval.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 619

Honolulu, Hawaii

RE:    S.B. No. 1483

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 1483 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY REVENUE BONDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to restore the revenue bond authorization for the Department of Transportation to issue highway revenue bonds for highway capital improvement projects authorized in Act 164, Session Laws of Hawaii 2023, as amended by Act 230, Session Laws of Hawaii 2024.

     Your Committee received testimony in support of this measure from the Department of Transportation.

     Your Committee finds that the special provision in Act 164, Session Laws of Hawaii 2023, that authorized the issuance of highway revenue bonds was inadvertently repealed by Act 230, Session Laws of Hawaii 2024.  The Department of Transportation's planned 2024 issuance of highway revenue bonds cannot proceed until the budget special provision that authorizes the issuance of highway revenue bonds is restored to fund highway capital improvement projects that are primarily revenue bond funded.  This measure will correct the mistaken repeal of that special provision, restoring the issuance of highway revenue bonds. 

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1483, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1483, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,