RELATING TO PUBLIC TRANSPORTATION.

SB195

THE SENATE

S.B. NO.

195

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to public transportation
.

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

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SECTION 1.
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The
legislature finds that revenues are needed to operate and maintain the
counties' mass transit systems.
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The
legislature notes that the counties have historically attempted to meet these
revenue needs by adding or increasing rider fares.
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However, new fares and fare increases often
place undue financial burdens on mass transit riders, who already face a high
cost of living in Hawaii.
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The
legislature believes that public transit should be accessible to persons of all
income levels and that adding or increasing mass transit fares should be a last
resort.

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Accordingly, the purpose of this Act is to
require the counties to seek revenues from alternative sources, including
transit-based advertising, before imposing any new or increased mass transit
fare.

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SECTION
2.
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Chapter 51, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:

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�51-
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Fares; revenues;
transit-based advertisements.
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(a)
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Before a county establishes any new mass transit fare or increases any
existing fare for a mass transit system authorized by this chapter, the county
shall first assess whether the additional revenue sought from the proposed fare
or fare increase may be obtained by alternative means, including transit-based
advertisements.

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(b)
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The county shall seek fair
market compensation from governmental and nongovernmental entities, as
applicable, for paid advertisements displayed:

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(1)
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On the interior of mass transit
vehicles;

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(2)
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On the exterior of mass transit
vehicles; provided that the county may prohibit the placement of advertisements
on the front exterior of vehicles; and

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(3)
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At mass transit stops.

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(c)
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Notwithstanding subsection (b), a county may:

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(1)
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Establish reasonable restrictions on
the placement, format, size, and material of transit-based advertisements to
ensure the health and safety of passengers, operators, and the general public;
and

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(2)
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Prohibit any transit-based
advertisement that:

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(A)
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Bears the name, signature, picture,
or likeness of any elected federal, state, or county official or any candidate
for federal, state, or county elective office;

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(B)
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Promotes or appeals to racial,
religious, or ethnic prejudice or violence by reason of the advertisement's
design, format, or subject matter;

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(C)
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Contains obscene, lewd, lascivious,
or indecent pictures, words, or symbols;

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(D)
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Promotes any illegal, indecent, or
immoral purpose; or

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(E)
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Promotes any product or service that
is prohibited by law from being sold or offered for sale to minors or an
age-based subgroup of minors.

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(d)
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A county that, after the assessment described
in subsection (a), determines that a new mass transit fare or fare increase is
necessary shall submit a justification report to the department of
transportation.
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The report shall
include:

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(1)
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The amount and type of the proposed
new mass transit fare or increase; and

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(2)
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A description of the county's
efforts to raise revenues through alternative means, if any.

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(e)
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Within thirty days from the receipt of a
county's justification report under subsection (d), the department of
transportation shall approve or reject the county's proposed new mass transit
fare or fare increase.
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If the department
of transportation:

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(1)
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Rejects the proposed new fare or
fare increase, the county shall not establish or increase the fare;

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(2)
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Approves the proposed new fare or
fare increase, the county may establish or increase the fare as provided by
county ordinance; or

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(3)
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Fails to submit a decision to the
county within thirty days, the proposed new fare or fare increase shall be
deemed approved.

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(f)
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Mass transit fare revenues and revenues from
transit‑based advertisements shall be expended by a county only to
operate and maintain the county's mass transit system.
"

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SECTION
3.
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New statutory material is
underscored.

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SECTION
4.
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This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

HDOT;
Counties; Mass Transit Fares; Fare Increases; Transit‑Based
Advertisements

Description:

Requires
the counties, before implementing any new mass transit fare or increasing any
existing fare, to first seek revenues from alternative sources, including
transit-based advertisements.
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Requires a
county that decides, after seeking alternative revenue sources, to implement a
new or increased mass transit fare to submit a justification report to the
Department of Transportation.
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Requires
the Department of Transportation to reject or approve the proposed new mass
transit fare or fare increase within 30 days of receiving a county's
justification report.

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