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2023 Hawaii Revised Statutes › Title 14. Taxation › 257. Individual Development Accounts › 257-3 Fiduciary organizations.

§257-3 Fiduciary organizations.
(a) Fiduciary organizations shall serve as an intermediary between individual development account holders and financial institutions holding accounts. The fiduciary organization's responsibilities may include:
(1) Marketing participation;
(2) Soliciting matching contributions;
(3) Counseling program participants; and
(4) Conducting verification and compliance activities.
(b) Locally-based organizations shall enter into a competitive process for the right to become fiduciary organizations for a portion of the state matching dollars that would be authorized initially. Fiduciary organization proposals shall be evaluated and participation rights awarded on the basis of such items as:
(1) Their ability to market the program to potential individual development account holders and potential matching fund contributors;
(2) Their ability to provide safe and secure investments for individual development accounts;
(3) Their overall administrative capacity, including:
(A) Certifications or verifications required to assure compliance with eligibility requirements;
(B) Authorized uses of the accounts matching contributions by individuals or businesses; and
(C) Penalties for unauthorized distributions;
(4) Their capacity to provide financial counseling and other related services to potential participants; and
(5) Their links to other activities designed to increase the independence of individuals and families through high return investments, including homeownership, education and training, and small business development.
(c) If the State approves an application to fund an individual development account project under this section, the State shall, not later than one month after June 28, 1999, authorize the applicant to conduct the project with state funds for five project years in accordance with the approved application and this section; provided that an applicant may apply for funding during future fiscal years for five project years if the State lacks the resources to fund an individual development account project pursuant to this subsection.
(d) For each individual development account program approved under this section, the State shall make a grant to the qualified entity or collaboration of entities authorized to conduct the project on the first day of the project year in an amount not to exceed $100,000 per year for five years.
(e) From among the individuals eligible for assistance under the Hawaii individual development account program, each selected fiduciary organization shall select the individuals whom the fiduciary organization deems to be best suited to receive such assistance. [L 1999, c 160, pt of §25]
Revision Note
"June 28, 1999" substituted for "the date of the enactment of this Act" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 14. Taxation › 257. Individual Development Accounts › 257-4 Penalties.

§257-4 Penalties.
(a) The fiduciary organization shall establish a grievance committee and a procedure to hear, review, and decide in writing any grievance made by an individual development account holder who disputes a decision of the operating organization that a withdrawal is subject to penalty.
(b) Each fiduciary organization shall establish regulations as are necessary, including prohibiting eligibility for further assistance under an individual development account project conducted under this chapter, to ensure compliance with this chapter if an individual participating in the individual development account project moves from the community in which the project is conducted or is otherwise unable to continue participating in the project. [L 1999, c 160, pt of §25]
2023 Hawaii Revised Statutes › Title 14. Taxation › 257. Individual Development Accounts › 257-5 Death.

§257-5 Death.
In the event of an account holder's death, the account may be transferred to the ownership of a contingent beneficiary. An account holder shall name contingent beneficiaries at the time the account is established and may change beneficiaries at any time. If the named beneficiary is deceased or otherwise cannot accept the transfer, the moneys shall be transferred to the individual development account match fund of the fiduciary organization. [L 1999, c 160, pt of §25]
2023 Hawaii Revised Statutes › Title 14. Taxation › 257. Individual Development Accounts › 257-6 Financial institutions.

§257-6 Financial institutions.
(a) Financial institutions shall be permitted to establish individual development accounts pursuant to this chapter. The financial institution shall certify to the fiduciary organization, on forms prescribed by same and accompanied by any documentation required by it, that such accounts have been established pursuant to all the provisions of this chapter and that deposits have been made on behalf of the account holder.
(b) A financial institution establishing an individual development account shall:
(1) Keep the account in the name of the account holder;
(2) Permit deposits to be made in the account by the following, subject to the indicated conditions:
(A) The account holder; or
(B) A contribution made on behalf of the account holder. Such deposits may include moneys to match the account holder's deposits. [L 1999, c 160, pt of §25]
2023 Hawaii Revised Statutes › Title 14. Taxation › 257. Individual Development Accounts › 257-7 Assets; disregarded.

§257-7 Assets; disregarded.
The department of human services shall collaborate with individual development account fiduciary organizations to ensure that the accounts as provided for in this chapter, including any earned interest, shall be disregarded in the determination of benefits or eligibility for services account holders may receive from the department of human services as allowed by federal and state laws and regulations.
The department of human services shall establish rules to be aligned with individual development accounts. [L 1999, c 160, pt of §25; am L 2007, c 249, §44]
2023 Hawaii Revised Statutes › Title 14. Taxation › 257. Individual Development Accounts › 257-8 Matches.

§257-8 Matches.
(a) The State shall match an amount of up to $100,000 per calendar year for individual development accounts.
(b) Not more than a 2:1 match of state funds to account holder deposits shall be deposited into any individual development account in a given year. [L 1999, c 160, pt of §25]
2023 Hawaii Revised Statutes › Title 14. Taxation › 257. Individual Development Accounts › 257-11 Administration; evaluation; information; reporting.

§257-11 Administration; evaluation; information; reporting.
(a) The fiduciary organization running an individual development account program shall have sole authority over the administration of the project. The State may prescribe only such regulations with respect to demonstration projects under this chapter as are necessary to ensure compliance pursuant to this chapter.
(b) Each individual development account program shall annually report the number of accounts, the amount of savings and matches for each account, the uses of the account, and the number of businesses, homes, and educations purchased, as well as other information as may be required for responsible operation of the program.
(c) The fiduciary organization shall submit to the legislature its findings and recommendations no later than twenty days prior to the convening of each legislative session.
(d) Selected fiduciary organizations may use no more than ten per cent of state funds as appropriated under this [chapter] to cover administrative costs in any given year. [L 1999, c 160, pt of §25]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-2 Development of aeronautics, general.

§261-2 Development of aeronautics, general.
The department of transportation shall have general supervision over aeronautics within the State. It shall encourage, foster, and assist in the development of aeronautics in the State and encourage the establishment of airports and air navigation facilities. It shall cooperate with and assist the federal government and other persons in the development of aeronautics and shall seek to coordinate the aeronautical activities of the State with those of the federal government. Municipalities may cooperate with the department in the development of aeronautics and aeronautics facilities in the State. [L 1947, c 32, pt of §1; RL 1955, §15-7; am L Sp 1959 2d, c 1, §26; HRS §261-2]
Cross References
Functions, generally, see §26-19.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-3 Legislation, intervention.

§261-3 Legislation, intervention.
The department of transportation may:
(1) Draft and recommend necessary legislation to advance the interests of the State in aeronautics;
(2) Represent the State in aeronautical matters before federal agencies and other state agencies;
(3) Participate as party plaintiff or defendant or as intervenor on behalf of the State or any municipality or citizen thereof in any controversy which involves the interests of the State in aeronautics. [L 1947, c 32, pt of §1; RL 1955, §15-8; am L Sp 1959 2d, c 1, §26; HRS §261-3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-4 Airports, general.

§261-4 Airports, general.
(a) Establishment, operation, maintenance. The department of transportation may, on behalf of and in the name of the State, out of appropriations and other moneys available or made available for such purposes, plan, acquire, establish, construct, enlarge, improve, maintain, equip, install, operate, regulate, and protect, airports, air navigation facilities, buildings, and other facilities to provide for the servicing of aircraft; to provide for the comfort, accommodation, and convenience of air travelers; and to protect against airport hazards.
(b) Acquisition of property. By purchase, gift, devise, lease, or condemnation in accordance with chapter 101, the department may acquire property, real or personal, or any interest therein, including the property rights, estates, and interests mentioned in section 262-11. The department may acquire rights and interests in airports owned or controlled by others, for the purpose of meeting a civilian need which is within the scope of its functions, even though it does not have the exclusive control and operation of such airports. The department may also acquire excess federal lands as permitted by federal law.
(c) Structures and improvements. All structures and improvements to land, to be used for airport purposes, may be planned, designed, and constructed by the department.
(d) Use of state and municipal facilities and services. In carrying out this chapter, the department may use the facilities and services of other agencies of the State and of the municipalities of the State and the agencies and municipalities shall make available their facilities and services.
(e) Fire and safety inspection. The State shall conduct fire and safety inspections at all state-owned airport facilities at least once a year, as provided in section 132-6(b). [L 1947, c 32, pt of §1; RL 1955, §15-9; am L Sp 1959 2d, c 1, § §12, 26; HRS §261-4; am L 1985, c 41, §1; am L 2008, c 18, §2]
Case Notes
In granting exclusive lease at airport, department was fulfilling duty under section; provides department with implied authority to enter into exclusive lease at airport. 745 F.2d 1281 (1984).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-4.5 Biosecurity, inspection, and cargo support facilities.

§261-4.5 Biosecurity, inspection, and cargo support facilities.
The department shall coordinate with the department of agriculture to facilitate the inspection, consolidation, deconsolidation, and treatment of imported and exported agriculture and other inspected commodities to meet the needs of each island and to facilitate the safe movement of enplaned and deplaned air cargo through the airports. [L 2011, c 202, §2]
Revision Note
Subsection designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-5.5 Passenger facility charge special fund.

§261-5.5 Passenger facility charge special fund.
(a) There is established in the state treasury the passenger facility charge special fund, into which shall be deposited all proceeds from the passenger facility charge.
(b) The director of transportation shall administer the passenger facility charge special fund.
(c) The passenger facility charge shall be a charge for the use and services of an undertaking for the purposes and within the meaning of section 39-61(a)(1) and (3). Notwithstanding any laws to the contrary and without regard to chapter 91, the department may assess a passenger facility charge as authorized under title 49 United States Code section 40117 and as provided under title 14 Code of Federal Regulations part 158 for each overseas or international passenger who uses a state airport. The department shall establish the passenger facility charge in accordance with applicable federal laws and regulations. No passenger facility charge shall be assessed on flight segments between two or more airports within the State.
(d) All moneys paid into the passenger facility charge special fund shall be appropriated, applied, or expended by the department for airport capital improvement program projects approved by the legislature and as permitted under the Aviation Safety and Capacity Expansion Act of 1990, codified as [title] 49 United States Code section 40117, as amended from time to time.
(e) Any resolution or certificate authorizing any issue of bonds relating to the use of the passenger facility charge for an airport capital improvement program project approved by the legislature may establish other accounts within the passenger facility charge special fund and require the transfer of the passenger facility charge into the other accounts to pay debt service on the related bonds. [L 2003, c 213, §14; am L 2004, c 101, §5; am L 2009, c 147, §1; am L 2011, c 41, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-5.6 Rental motor vehicle customer facility charge special fund.

§261-5.6 Rental motor vehicle customer facility charge special fund.
(a) There is established in the state treasury the rental motor vehicle customer facility charge special fund to be administered by the director, into which shall be deposited all proceeds from the rental motor vehicle customer facility charge.
(b) Moneys in the rental motor vehicle customer facility charge special fund shall be used for enhancement, renovation, operation, and maintenance of existing rental motor vehicle customer facilities and the development of new rental motor vehicle customer facilities and related services at state airports, including:
(1) Acquisition and maintenance of property or property rights for rental motor vehicle purposes;
(2) Acquisition of equipment for and operation of a unified shuttle bus system to and from passenger terminals and the rental motor vehicle customer facilities;
(3) Consultant fees;
(4) Management, operation, and maintenance fees for rental motor vehicle customer facilities; and
(5) Conceptual plans, plans, design, construction, operation, and maintenance of, or allocable to, the approved rental motor vehicle customer facilities and related services.
In planning the future needs and expenditures of these moneys, the director, or deputy designated by the director, shall, at least once a year, consult with lessors, as defined in section 437D-3, who are using or who in the future may use the facilities and services. No moneys shall be expended to plan, design, improve, enhance, acquire, or construct rental motor vehicle customer facilities, equipment, or services shared or to be shared by rental motor vehicle concessions at a state airport except as determined by the director; provided that the director shall not approve the expenditure of any moneys except for planning and design purposes to improve or construct rental motor vehicle customer facilities and related services located at an airport until a concession bid for rental motor vehicle concessions located at the public airport as of July 1, 2008, is first advertised, bid upon, and awarded by the department of transportation.
(c) The rental motor vehicle customer facility charge special fund shall be exempt from sections 36-30 and 103-8.5.
(d) Any resolution or certificate authorizing any issue of bonds relating to the use of the rental motor vehicle customer facility charge for an airport capital improvement program project approved by the legislature may establish other accounts within the rental motor vehicle customer facility charge special fund and require the transfer of the rental motor vehicle customer facility charge into the other accounts to pay debt service on the related bonds. [L 2008, c 226, §2; am L 2010, c 204, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-7.6 Use of credit cards to pay for airport charges.

§261-7.6 Use of credit cards to pay for airport charges.
Notwithstanding any other law to the contrary, any payments due and owing to the State for any products or services received from the State at any airport operated by the State may be made by credit card, if prior arrangements have been made by the department for payments through the use of the credit card and the arrangements have been approved by the comptroller. However, credit cards may not be used to make payments under protest pursuant to section 40-35. The maximum charge that may be paid to the department by use of a credit card on any transaction is $500. [L 1992, c 24, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-8 Federal aid.

§261-8 Federal aid.
The department of transportation may accept, receive, receipt for, disburse, and expend federal moneys, and other moneys, public or private, made available by grant or loan to accomplish, in whole or in part, any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and expended by the department upon such terms and conditions as are prescribed by the United States, and the department may enter into any contracts which may be required in connection therewith. All moneys received by the department pursuant to this section shall be deposited in the treasury and, unless otherwise prescribed by the authority from which the moneys were received, shall be kept in separate funds designated according to the purpose for which the same were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available. [L 1947, c 32, pt of §1; RL 1955, §15-14; am L Sp 1959 2d, c 1, §26; HRS §261-8]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-9 Contracts, law governing.

§261-9 Contracts, law governing.
The department of transportation may enter into any contracts necessary to the execution of the powers granted it by this chapter. All contracts made by the department shall be made pursuant to the laws of the State governing the making of like contracts; provided that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, or air navigation facility is financed wholly or partially with federal moneys, the department may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder. [L 1947, c 32, pt of §1; RL 1955, §15-15; am L Sp 1959 2d, c 1, §26; HRS §261-9]
Case Notes
Cited: 47 H. 495, 497, 393 P.2d 87 (1964).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-10 Exclusive rights prohibited.

§261-10 Exclusive rights prohibited.
The department of transportation shall grant no exclusive right for the use of an airway, landing area, or air navigation facility under its jurisdiction. This section shall not prevent the making of contracts, leases, and other arrangements pursuant to section 261-7. [L 1947, c 32, pt of §1; RL 1955, §15-16; am L Sp 1959 2d, c 1, §26; HRS §261-10]
Cross References
Concessions on public property, see chapter 102.
Public contracts, see chapters 103 and 103D.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-11 Public purpose of activities.

§261-11 Public purpose of activities.
The acquisition of any lands or interests therein pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities; and the exercise of any other powers granted by this chapter to the department of transportation are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All lands and other property and privileges acquired and used by or on behalf of the State in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity. [L 1947, c 32, pt of §1; RL 1955, §15-17; am L Sp 1959 2d, c 1, §26; HRS §261-11]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-13 Orders, notice, and opportunity for hearings, judicial review.

§261-13 Orders, notice, and opportunity for hearings, judicial review.
(a) Every order of the director of transportation requiring performance of or desistance from certain acts or compliance with certain requirements and any denial or revocation of an approval, certificate, or license or refusal of a renewal thereof shall be:
(1) In the form required by section 91-12;
(2) Made only after reasonable notice and an opportunity to be heard in conformity with chapter 91; and
(3) Served upon the persons affected either by registered or certified mail with return receipt requested or in person.
(b) In every case where reasonable notice and opportunity for hearing are required under this section, the director shall, on not less than five days' notice personally served, or seven days' notice by registered or certified mail (to be computed from the date of mailing of the notice), specify the matters prescribed in section 91-9; provided that in cases of emergency where the public interest so requires the amount of notice may be shortened, or a temporary order may be issued pending the holding of the hearing. To the extent practicable, hearings on these matters shall be held in the county where the affected person resides or does business.
(c) Any person aggrieved by an order of the director or by the grant, denial, or revocation of any approval, license, or certificate, or refusal of a renewal thereof, may obtain a review thereof by the circuit court of the circuit in which that person resides or does business in the manner provided in chapter 91 for review of orders in contested cases. Upon application of either party, the court may assign the appeal for hearing at the earliest possible date.
Appeals may be taken and had in the manner provided for a review of a civil judgment of a circuit court.
Upon the final termination of any judicial review, the director shall enter an order or take other action in accordance with the mandate of the court. [L 1947, c 32, pt of §1; RL 1955, §15-19; am L 1965, c 96, §12; HRS §261-13; am L 2004, c 202, §26; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2020, c 70, §7]
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeals, see Hawaii Rules of Appellate Procedure.
Case Notes
Award of concession under §261-7(a)(2) is not within purview of subsection (c) and no appeal lies. 47 H. 495, 393 P.2d 87 (1964).
License refers to license for an airport pursuant to §261-16(b). It does not refer to a license conferring the privilege of supplying goods, services, etc., under §261-7(a)(2). 47 H. 495, 393 P.2d 87 (1964).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-13.5 Promotion of safety and efficient use of facilities where congestion occurs.

§261-13.5 Promotion of safety and efficient use of facilities where congestion occurs.
(a) The legislature recognizes that air traffic congestion constitutes a serious safety problem and reduces the efficient and effective use of limited airspace and terminal facilities. The legislature also recognizes that the development of additional airports will assist in the solution to such safety and efficiency problems, but that such development may not always be a feasible or complete solution to such problems.
Nevertheless, the legislature is determined that all possible actions be taken to promote safety, to alleviate safety hazards and to reduce congestion at airports under the State's control. The department of transportation shall do everything within its authority to enhance the safe use of the State's airports and shall cooperate with appropriate federal agencies and other affected parties to assist said agencies in meeting their responsibility to alleviate safety hazards resulting from air traffic congestion. In carrying out this responsibility, the department shall consider all possible alternatives including but not limited to reliever airports and limiting the number of aircraft allowed to use state airports. The department shall take appropriate action to enhance safety and to alleviate safety hazards, or, if legislative action is required, make appropriate recommendations to the legislature.
(b) To the fullest extent possible within the State's authority to act in the area of airport and air traffic safety, the department of transportation shall be responsible for promoting safe operating conditions and alleviating safety hazards due to air traffic congestion at airports under its control. To this end, the department, in close cooperation with appropriate federal authorities and other affected parties, shall examine and conduct research into the causes of and solutions for safety problems at such airports, especially those problems associated with air traffic congestion. Pursuant to sections 261-12 and 261-13, the director shall adopt such rules and standards which may include the assignment of particular runways for particular uses, the establishment of the number and types of aircraft allowed to use each public airport, and the use of similar measures where such actions may contribute to the segregation of different types of aircraft and to the reduction of peak air traffic usage at airports under state control. [L 1980, c 308, §1; am L 1994, c 62, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-14 Federal-state joint hearings, reciprocal services, accident reporting.

§261-14 Federal-state joint hearings, reciprocal services, accident reporting.
(a) Joint hearings. The department of transportation may confer with or hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics.
(b) Reciprocal services. The department may avail itself of the cooperation, services, records, and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The department shall furnish to the agencies of the United States, its cooperation, services, records, and facilities, insofar as may be practicable.
(c) Accident reporting. The department shall report to the appropriate agency of the United States all accidents in aeronautics in the State of which it is informed, and shall insofar as practicable preserve, protect, and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation. [L 1947, c 32, pt of §1; RL 1955, §15-20; am L Sp 1959 2d, c 1, §26; HRS §261-14]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-15 Federal airman and aircraft certificates.

§261-15 Federal airman and aircraft certificates.
(a) Operation without, unlawful. It shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within the State unless the aircraft has an appropriate effective certificate, permit, or license issued by the United States, if the certificate, permit, or license is required by the United States. It shall be unlawful for any person to engage in aeronautics as an airman in the State unless the person has an appropriate effective airman certificate, permit, rating, or license issued by the United States authorizing the person to engage in the particular class of aeronautics in which the person is engaged, if such certificate, permit, rating, or license is required by the United States.
(b) Exhibition of certificates. Where a certificate, permit, rating, or license is required for an airman by the United States, it shall be kept in the airman's personal possession when the airman is operating within the State and shall be presented for inspection upon the demand of any public officer, or any other officer of the State or of a municipality or member, official, or employee of the department of transportation authorized pursuant to section 261-17 to enforce the aeronautics laws, or any official, manager, or person in charge of any airport upon which the aircraft lands, or upon the reasonable request of any person. [L 1947, c 32, pt of §1; RL 1955, §15-21; am L Sp 1959 2d, c 1, §26; HRS §261-15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-15.5 Aircraft registration.

§261-15.5 Aircraft registration.
Unless an aircraft is exempted by this section, no person shall operate or cause or authorize to be operated any aircraft at an airport owned or controlled by the department, unless the aircraft has a certificate of registration issued in accordance with rules adopted by the department. Aircraft exempt from registration required by this section include:
(1) Aircraft operating primarily in interstate or foreign commerce;
(2) Aircraft owned or operated by the United States;
(3) Aircraft in transit through the State; and
(4) Aircraft operated by any scheduled airline carrier that is a lessee of the State under an airport-airline lease at the Daniel K. Inouye International Airport and that is commonly referred to as signatory airline. [L 1985, c 299, pt of §1; am L 2018, c 18, §14]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-15.7 Failure to register.

§261-15.7 Failure to register.
(a) All aircraft, unless exempted, shall be registered within the time prescribed by rules adopted by the director.
(b) Failure to comply with the registration requirements shall subject the operator of the aircraft to:
(1) A penalty of not more than $100 per aircraft;
(2) The denial of the use of the airport facilities; and
(3) Removal of the aircraft to a location designated pursuant to rules adopted by the director.
(c) The director is authorized to adopt rules pursuant to chapter 91 to effectuate the purposes of sections 261-15.5 to 261-15.7. [L 1985, c 299, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-17 Enforcement of laws.

§261-17 Enforcement of laws.
(a) The director of transportation, officers, and employees of the department of transportation, and every state and county officer charged with the enforcement of state laws and ordinances, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto and of all other laws of the State; and in that connection each of the persons may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules and orders issued pursuant thereto, and all other laws of the State, the powers of police officers are conferred upon the director, and such of the officers, employees, agents, and representatives of the department as may be designated by the director to exercise such powers, including the power to serve and execute warrants and arrest offenders, and the power to serve notices and orders. For the purposes of this subsection the term "agents and representatives" includes persons performing services at airports under contract with the department.
(b) No person shall provide or be hired to provide armed security services at airports within the State without first submitting statements signed under penalty of false swearing by the person indicating whether the person has ever been convicted of a crime which, by law, would preclude the person from carrying or using a firearm in the course of the person's employment, including a felony conviction in the State or elsewhere, and providing consent to the department to have a criminal history record check conducted by the Federal Bureau of Investigation to obtain criminal history record information. The person shall also be fingerprinted for the purpose of a Federal Bureau of Investigation criminal history record check. The Hawaii criminal justice data center may also assess the existing providers of armed security services at airports within the State, or their employees or applicants for employment, or any applicant for employment to provide armed security services at airports within the State, a reasonable fee for each criminal history record check performed by the Federal Bureau of Investigation.
(c) The department may, in the name of the State, enforce this chapter and the rules and orders issued pursuant thereto by injunction or other legal process in the courts of the State. [L 1947, c 32, pt of §1; RL 1955, §15-23; am L Sp 1959 2d, c 1, §26; HRS §261-17; am L 1973, c 20, §1; am L 1979, c 179, §1; am L 1996, c 191, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-17.5 Arrest or citation.

§261-17.5 Arrest or citation.
(a) Except when required by state law to take immediately before a district judge a person arrested for a violation of any provision of this chapter, including any rule adopted pursuant to this chapter, any person authorized to enforce the provisions of this chapter, hereinafter referred to as an "enforcement officer", upon arresting a person for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall in the discretion of the enforcement officer:
(1) Issue to the purported violator a summons or citation, printed in the form hereinafter described, warning the purported violator to appear and answer to the charge against the purported violator at a certain place and at a time within seven days after the arrest; or
(2) Take the purported violator without unnecessary delay before a district judge.
(b) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to include all necessary information. The form and content of the summons or citation shall be adopted or prescribed by the district courts.
Summonses and citations shall be consecutively numbered, and the carbon copy or copies of each shall bear the same number.
(c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.
(d) Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer, upon the person's arrest for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000, or be imprisoned not more than six months, or both.
If any person fails to comply with a summons or citation issued to the person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest. [L 1970, c 151, §1 and c 188, §39; gen ch 1985; am L 2020, c 70, §9]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-18 Hazard pay for employees.

§261-18 Hazard pay for employees.
Any employee of the airports division of the department of transportation who performs fire, crash, or any other aircraft emergency rescue duties, in addition to the employee's regular assignment, shall receive hazard pay in accordance with the following schedule:
(1) $25 for each and every drill attended;
(2) $20 for each and every response to a fire, crash, or any other aircraft emergency rescue call-out which results in stand by duty only;
(3) For any fire, crash, or other aircraft emergency rescue call-out resulting in the actual participation in rescue operations, $50 for the first hour or fraction thereof, and $20 for each additional hour or fraction thereof.
Hazard pay shall be paid out of the special funds of the airports division of the department. [L 1964, c 54, § §2, 3; Supp, §15-6.5; HRS §261-18; gen ch 1985; am L 1990, c 148, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-19 Exchange of violations information.

§261-19 Exchange of violations information.
The department of transportation may report to the appropriate federal agencies and agencies of the states and territories of the United States all proceedings instituted charging violation of section 261-15, 263-9, or 263-11, and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the laws of the State relating to aeronautics or for violations of the rules, regulations, or orders of the department. The department may receive reports of penalties and other data from agencies of the federal government, the states, and territories of the United States and, when necessary, enter into agreements with federal agencies and the agencies of such states and territories governing the delivering, receipt, exchange, and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of the states and territories, and the courts of the State available, with or without request therefor, to any and all courts of the State, and to any officer of the State or of a municipality authorized pursuant to section 261-17 to enforce the aeronautics law. [L 1947, c 32, pt of §1; RL 1955, §15-25; am L Sp 1959 2d, c 1, §26; HRS §261-19]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-20 Department proceedings and reports.

§261-20 Department proceedings and reports.
The department of transportation shall report in writing to the governor immediately following the end of each fiscal year. The report shall contain a summary of its proceedings during the preceding fiscal year, a detailed and itemized statement of all revenue and of all expenditures made by or in behalf of the department during the preceding fiscal year, an estimate of anticipated revenues and expenses for the next succeeding fiscal year, such other information as it may deem necessary or useful, and any additional information which may be requested by the governor. The fiscal year of the department shall conform to the fiscal year of the State. [L 1947, c 32, pt of §1; am L 1949, c 360, pt of §2; RL 1955, §15-4; am L Sp 1959 2d, c 1, §26; HRS §261-20]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-21 Penalties.

§261-21 Penalties.
(a) Except as provided in subsection (c), any person violating this chapter, or any of the rules or orders issued pursuant thereto and duly adopted or served, shall be guilty of a violation subject to the following penalties:
(1) When safety measures or Federal Aviation Administration acceptable hangar use practices are violated, the person shall be subject to a fine not to exceed $500; or
(2) When the licensing and regulation of persons engaged in commercial activities at public airports is involved, the person shall be subject to a fine not to exceed $500.
(b) Except as provided in subsection (c), any person violating any rule relating to motor vehicles and traffic control or the operation of any equipment or motor vehicle in or on the operational area of the airport shall be guilty of an offense as defined under the Penal Code and be fined not more than $500.
(c) Any person violating any rule relating to parking of motor vehicles or equipment at a public airport, including baggage carts, dollies, and other similar devices, shall have committed a traffic infraction as set forth in chapter 291D, the adjudication of which shall be subject to the provisions contained therein. [L 1947, c 32, pt of §1; RL 1955, §15-24; HRS §261-21; am L 1980, c 155, §2; am L 1996, c 37, §1; am L 1997, c 68, §1; am L 2008, c 101, §5; am L 2018, c 64, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-22 Hilo International Airport.

§261-22 Hilo International Airport.
The official name of the airport situated at Waiakea, Hilo, Hawaii, shall be Hilo International Airport. The main passenger terminal at Hilo International Airport shall be designated "General Lyman Terminal" in memory of Brigadier General Albert Lyman, the first person of Hawaiian ancestry to attain such rank in the United States Army. [L 1943, JR 5; RL 1945, §4931; RL 1955, §15-26; HRS §261-22; am L 1989, c 59, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-23 Daniel K. Inouye International Airport.

§261-23 Daniel K. Inouye International Airport.
All that area set aside by executive order No. 1016 for John Rodgers Airport and Keehi Lagoon Seaplane Harbor to be under the control and management of the superintendent of public works under date of April 12, 1943, is designated as the "Daniel K. Inouye International Airport". [L 1947, c 31, §1; am L 1951, c 3, §1; RL 1955, §15-27; HRS §261-23; am L 2018, c 18, §15]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-24 John Rodgers Terminal.

§261-24 John Rodgers Terminal.
When a new transpacific terminal building is constructed, it shall be designated "John Rodgers Terminal" in memory of the late Commander John Rodgers, United States Navy, who made the first flight in a Navy flying boat to these islands in September, 1925. [L 1947, c 31, §2; RL 1955, §15-28; HRS §261-24]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-26 Ellison Onizuka Kona International Airport at Keahole.

§261-26 Ellison Onizuka Kona International Airport at Keahole.
The official name of the airport situated at Keahole in Kona, Hawaii shall be the Ellison Onizuka Kona International Airport at Keahole. [L 1993, c 53, §1; am L 1997, c 122, §1; am L 2016, c 256, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-27 Kawaihapai Airfield.

§261-27 Kawaihapai Airfield.
The official name of the airfield located at Kawaihapai, formerly known as Dillingham Airfield, shall be Kawaihapai Airfield. [L 2001, c 276, §1]
Note
Section effective upon the completion of the transfer of the airfield back to the State by the United States Army. L 2001, c 276, §3.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-31 Definitions.

§261-31 Definitions.
When used in sections 261-31 to 261-36:
"Business" means any lawful activity conducted:
(1) Primarily for the purchase and resale, manufacture, processing, or marketing of products, commodities, or any other personal property;
(2) Primarily for the sale of services to the public; or
(3) By a nonprofit organization.
"Director" means the state director of transportation.
"Displaced person" means any person who is required to move from any real property on or after September 1, 1969 as a result of the acquisition of such real property for airport purposes or as the result of the acquisition for airport purposes of other real property on which such person is conducting a business or farm operation.
"Family" means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship.
"Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
"Person" means:
(1) Any individual, partnership, corporation, or association that is the owner of a business;
(2) Any owner, part owner, tenant, or sharecropper operating a farm;
(3) The head of a family; or
(4) An individual not a member of a family. [L 1970, c 165, pt of §2; am L 2020, c 70, §10]
Revision Note
Definitions rearranged.
"September 1, 1969" substituted for the "effective date of this Part".
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-32 Assistance for displaced person, families, businesses and nonprofit organization.

§261-32 Assistance for displaced person, families, businesses and nonprofit organization.
(a) The director may compensate any person, family, business, or nonprofit organization for actual and reasonable moving expenses incurred as a result of being displaced by any land acquisition program of the State for any airport purpose.
(b) Any displaced person who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) may receive:
(1) A moving expense allowance, determined according to a schedule established by the director not to exceed $200;
(2) A dislocation allowance in the amount of $100.
(c) Any displaced person who moves or discontinues the person's business or farm operations and elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) may receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or $5,000, whichever is less. In the case of a business, no payment shall be made under this subsection unless the director is satisfied that the business:
(1) Cannot be relocated without a substantial loss of its existing patronage; and
(2) Is not part of a commercial enterprise having at least one other establishment that is:
(A) Not being acquired by the State; and
(B) Engaged in the same or similar business.
(d) In addition to any payments authorized in subsection (a) and (c), the director may provide relocation assistance to any displaced person who moves a business as a result of any land acquisition program of the State for any airport use.
(e) The director may enter into leases, licenses, and other arrangements with any displaced person granting the use or occupancy of any lands or property under the department's jurisdiction. The director may allow any lessee of a site acquired by the department to remain on the site, and may enter into a new lease with such person granting the use of the site; provided that the term of the new lease shall not exceed the time remaining on the lease terminated by the acquisition. Any lease issued pursuant to this section shall be issued through negotiation, under mutually agreeable terms, conditions, and lease rent, without regard to the limitations set forth in chapter 171.
(f) The director shall include the costs specified in this section as a part of the cost of construction of the airport for which the land acquisition program is initiated. [L 1970, c 165, pt of §2; gen ch 1985; am L 1990, c 274, §4; am L 2020, c 70, §11]