reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-33 Replacement housing.

§261-33 Replacement housing.
(a) In addition to any amount authorized herein as part of the cost of construction of the airport for which land acquisition is initiated, the director shall make a payment to the owner of real property improved by a single-family, two-family, or three-family dwelling actually owned and occupied by the owner for not less than one year prior to the first written offer by the department of transportation for the acquisition of such property. Such payment, not to exceed $5,000, shall be the amount, if any, which when added to the acquisition payment, equals the average price required for a comparable dwelling determined, in accordance with standards established by the director to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced owner, reasonably accessible to public services and places of employment, and available on the private market. Such payment shall be made only to a displaced owner who purchases and occupies a dwelling within one year subsequent to the date on which the displaced owner is required to move from the dwelling acquired for the project.
(b) In addition to amounts otherwise authorized by this section and section 261-32, the director shall make a payment to any individual or family displaced from any dwelling not eligible to receive a payment under subsection (a) which dwelling was actually and lawfully occupied by such individual or family for not less than ninety days prior to the first written offer by the department of transportation for acquisition of such property. Such payment, not to exceed $1,500, shall be the amount which is necessary to enable such person to lease or rent for a period not to exceed two years, or to make the downpayment on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities. [L 1970, c 165, pt of §2; gen ch 1985; am L 1986, c 339, §25]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-34 Not treated as income.

§261-34 Not treated as income.
No payment received under sections 261-32 and 261-33 shall be considered as income for purposes of the state income tax law; nor shall such payments be considered as income to any recipient of public assistance, and such payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled to under the state welfare programs. [L 1970, c 165, pt of §2; am L 1986, c 339, §26]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-36 Rules and regulations.

§261-36 Rules and regulations.
The director may adopt rules and regulations to carry out the purposes of sections 261-31 to 261-36 and may adopt all or any part of applicable federal rules and regulations which are necessary or desirable to obtain federal assistance in making payments hereunder. [L 1970, c 165, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-51 Definitions.

§261-51 Definitions.
For the purpose of this part, if not inconsistent with the context:
"Remodeling" includes reconstruction, renovation, rehabilitation, improvement, betterment or extension of a special facility.
"Special facility" means one or more buildings, structures or facilities and the land thereof for the servicing of aircraft, for aeronautics, for air cargo operations, for airports or for the comfort, accommodation and convenience of air travelers and airline employees which is the subject of a special facility lease.
"Special facility lease" includes a contract, lease or other agreement, or any combination thereof, the subject matter of which is the same special facility. [L 1971, c 160, pt of §1; am L 1999, c 14, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-52 Powers.

§261-52 Powers.
In addition and supplemental to the powers granted to the department by law, the department may:
(1) With the approval of the governor, enter into a special facility lease or an amendment or supplement thereto whereby the department agrees to construct, acquire, or remodel and furnish or equip a special facility solely for the use by another person to a special facility lease;
(2) With the approval of the governor, issue special facility revenue bonds in principal amounts that may be necessary to yield the amount of the cost of any construction, acquisition, remodeling, furnishing, and equipping of any special facility, including the costs of acquisition of the site thereof; provided that the total principal amount of the special facility revenue bonds which may be issued pursuant to the authorization of this paragraph shall not exceed $200,000,000; provided further that these funds shall not be expended on nonpublic air facilities;
(3) With the approval of the governor, issue refunding special facility revenue bonds with which to provide for the payment of outstanding special facility revenue bonds (including any special facility revenue bonds theretofore issued for this purpose) or any part thereof; provided any issuance of refunding special facility revenue bonds shall not reduce the principal amount of the bonds which may be issued as provided in paragraph (2);
(4) Perform and carry out the terms and provisions of any special facility lease;
(5) Notwithstanding section 103-7 or any other law to the contrary, acquire, construct, or remodel and furnish or equip any special facility, or accept the assignment of any contract therefor entered into by the other person to the special facility lease;
(6) Construct any special facility on land owned by the State; provided that no funds derived herein will be expended for land acquisition; and
(7) Agree with the other person to the special facility lease whereby any acquisition, construction, remodeling, furnishing, or equipping of the special facility and the expenditure of moneys therefor shall be undertaken or supervised by another person. [L 1971, c 160, pt of §1; am L 1977, c 29, §1; am L 1982, c 146, §1; am L 1991, c 168, §1; am L Sp 1993, c 8, §55; am L 1998, c 284, §1; am L 2004, c 216, §32]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-53 Findings and determination for special facility leases.

§261-53 Findings and determination for special facility leases.
The department shall not enter into any special facility lease unless the department at or prior to the entering into of the special facility lease finds and determines that:
(1) The building, structure, or facility that is to be the subject of the special facility lease will not be used to provide services, commodities, supplies, or facilities that are then adequately being made available through the airports system of the State;
(2) The result of the use or occupancy of the building, structure, or facility under the special facility lease would not result in the reduction of the revenues derived from the airports system to an amount below the amount required to be derived therefrom by section 39-61; and
(3) The entering into of the special facility lease would not be in violation of or result in a breach of any covenant contained in any resolution or certificate authorizing any bonds of the State then outstanding. [L 1971, c 160, pt of §1; am L 2020, c 70, §12]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-72 Disposition of proceeds of sale.

§261-72 Disposition of proceeds of sale.
The department of transportation shall deposit into the airport revenue fund, that portion of the proceeds of the sale of an aircraft as shall represent the storage and other airport fees and charges due the department, the expenses of the auction, and any other expense incurred by the department in taking into custody and disposing of an aircraft. The balance, if any, shall be deposited into the general fund of the State. The owner may recover any such balance of the proceeds from the State only if the owner files a claim therefor with the department of budget and finance within five years after the execution of the bill of sale. A lien holder shall receive priority of payment from the balance of the proceeds to the extent of the lien holder's lien on the aircraft. If the proceeds of the sale are insufficient to cover the storage and other airport fees and charges, the expenses of the auction and other expenses of the department in taking into custody and disposing of the aircraft, the department of transportation may, within five years, bring an action for the deficiency in a court of appropriate jurisdiction against the person who was the owner of the aircraft at the time custody was taken by the department. [L 1981, c 25, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-73 Custody and disposal of derelict aircraft.

§261-73 Custody and disposal of derelict aircraft.
(a) An aircraft which has been left unattended for a continuous period of more than twenty-four hours is a derelict, if:
(1) The aircraft is obstructing a taxiway, runway or ramp parking area, or is endangering life or property; or
(2) The aircraft has been parked or otherwise left at a state airport or on public property contrary to law or rules having the force and effect of law, or the aircraft has been left on private property without authorization of the owner or occupant of the property and if:
(A) The aircraft's certificate of registration or aviation document is no longer effective and the registered owner no longer resides at the address listed in the aircraft registration document records of the Federal Aviation Administration; or
(B) The last registered owner disclaims ownership and the current owner's name or address cannot be determined; or
(C) The aircraft identification numbers and other means of identification have been removed so as to nullify efforts to locate or identify the owner; or
(D) The aircraft registration records of the Federal Aviation Administration contain no record that the aircraft has ever been registered and the owner's name or address cannot be determined.
(b) The director of transportation may cause a derelict aircraft to be immediately taken into custody. Upon taking custody of a derelict aircraft the director shall concurrently:
(1) Give public notice of intended disposition;
(2) When possible, post a notice of intended disposition on the aircraft; and
(3) Serve a duplicate original of the notice of intended disposition by certified mail, return receipt requested:
(A) On the registered owner of the aircraft at the last address shown on records in the Federal Aviation Administration;
(B) On all lien holders who have filed a financing statement indexed in the name of the registered owner in the bureau of conveyances or who are shown in the records of the Federal Aviation Administration; and
(C) On any other person known to have an interest in the aircraft whose address is known to the department of transportation. If the aircraft is not repossessed within twenty days after the giving and mailing of the notice, whichever occurs later, the aircraft may be disposed of by negotiated sale, except that, when two or more purchasers indicate an interest in purchasing the aircraft, the aircraft will be sold at public auction to the highest bidder. If no purchaser expresses a desire to purchase the aircraft, the aircraft may be destroyed or disposed of by any other method authorized for abandoned aircraft. [L 1981, c 25, pt of §1; am L 1998, c 2, §79]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-74 Aircraft or property taken into legal custody; unauthorized control.

§261-74 Aircraft or property taken into legal custody; unauthorized control.
No person shall exercise control over an aircraft or other property that is under legal custody, seizure, or detention by the department of transportation. [L 1981, c 25, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-91 Trespass to aircraft; penalty.

§261-91 Trespass to aircraft; penalty.
Whoever without right, boards or remains in or upon any aircraft of another within a state airport shall be fined not more than $250, or imprisoned not more than three months, or both. [L 1981, c 25, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261. Aeronautics › 261-92 Questioning and detaining suspected persons aboard an aircraft.

§261-92 Questioning and detaining suspected persons aboard an aircraft.
A police officer may detain any person found upon an aircraft, under circumstances as reasonably justify a suspicion that the person boarded without permission, for the purpose of demanding, and may demand the name and address of the person and the nature of the person's business upon the aircraft. If the police officer has reason to believe that the person has no right to be upon the aircraft, the police officer may arrest the person without a warrant on the charge of violating section 261-91. [L 1981, c 25, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261D. Transportation Use Special Fund › 261D-2 Disposition of the transportation use special fund.

§261D-2 Disposition of the transportation use special fund.
[Effect and application. L 1989, c 309, §10.]
For so long as airport revenue bonds issued before June 13, 1989, are outstanding, the director of transportation shall transfer to the airport revenue fund created by section 248-8 from moneys credited to the transportation use special fund, as permitted by and in accordance with section 37-53, an amount which, together with moneys on deposit in the airport revenue fund other than moneys on credit to the transportation use special fund therein, will cause the aggregate amount of moneys on deposit in the airport revenue fund other than moneys on credit to the transportation [use] special fund therein, to be at least one hundred fifty per cent of the requirements of such fund for the ensuing twelve months determined as prescribed by rules adopted pursuant to chapter 91. At any time after complying with the provisions of the preceding sentence or after no airport revenue bonds issued before June 13, 1989, are outstanding, the director of transportation may transfer all or any portion of the balance of the moneys credited to the transportation use special fund to the general fund of the State or to any special fund under the control of the department of transportation as permitted by and in accordance with section 37-53. [L 1989, c 309, pt of §3; am L 1990, c 149, §4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-1 Application of chapter; interstate or foreign commerce.

§261E-1 Application of chapter; interstate or foreign commerce.
This chapter shall not apply to commerce with foreign nations, with territories of the United States, or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United States. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-2 Definitions.

§261E-2 Definitions.
As used in this chapter:
"Aircraft" means any craft or other artificial contrivance of whatever description that is used or capable of being used, or intended to be used, as a means of transportation by air.
"Air transportation" means the holding out to the general public of or the undertaking to provide the carriage of persons or property, except for United States mail, by air, for compensation or hire between any pair of points, both of which are within the State of Hawaii, unless the carriage is part of the continuous carriage of the persons or property to or from a point outside the State of Hawaii. For the purposes of this chapter, the term "continuous carriage" means transportation by air which does not include a stopover of more than twenty-four hours.
"Certificate" means a certificate of public convenience and necessity issued under this chapter to a Hawaii air carrier.
"Commission" means the air carrier commission established pursuant to section 261E-4.
"Control", in reference to a relationship between any person or persons and another person or persons, includes actual as well as legal control, indirect as well as direct control, and the power to exercise substantial influence whether or not exercised.
"Hawaii air carrier" or "carrier" means any person or entity who has received a certificate issued by the commission and who undertakes or holds itself out to the general public as engaging directly or indirectly in the transportation by air of passengers or property, or both, for compensation or hire within the State or between points within the State.
"Rates" includes rates, fares, and charges of whatever kind and nature unless the context indicates otherwise.
"Related company" means a company or persons that directly, or indirectly through one or more subsidiaries, affiliates, or a holding company, controls or is controlled by, or is under common control with, a Hawaii air carrier.
"Transportation of persons" includes every service in connection with or incidental to the comfort or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage.
"Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, carriage, preservation, and delivery, and all incidental services affecting these activities. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-3 Exemptions; generally.

§261E-3 Exemptions; generally.
Notwithstanding any other provisions of this chapter, this chapter shall not apply to:
(1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person, except where the transportation is undertaken by a Hawaii air carrier to evade the regulatory purposes of this chapter; or
(2) Persons engaged in the business of transporting persons solely for sightseeing and other recreational activities not involving point-to-point travel. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-4 Air carrier commission; establishment.

§261E-4 Air carrier commission; establishment.
(a) There is established an air carrier commission to assist in the regulation of interisland air carriers pursuant to the purposes of this chapter. The commission shall be placed with the department of transportation for administrative purposes.
(b) The commission shall consist of five members. The commission shall be appointed in the manner prescribed in section 26-34, except as otherwise provided in this section. The members shall be appointed for terms of six years each, subject to the advice and consent of the senate. The terms of the members initially appointed shall be for two, three, four, five, and six years, respectively, as designated by the governor at the time of appointment. The governor shall designate a member of the commission to be chairperson of the commission. Each member shall hold office until the member's successor is appointed and qualified.
(c) In appointing members, the governor shall consider persons who have experience in transportation, accounting, engineering, government, finance, law, or other similar fields. No person owning any stock or bonds of any Hawaii air carrier or of any common carrier by air, or having any interest in, or deriving any remuneration from, any Hawaii air carrier or any common carrier by air shall be appointed as a commissioner; provided that any person who has retired from the service of, and no longer holds any position with, any common carrier or Hawaii air carrier may be eligible for appointment.
(d) The members of the commission shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses, including travel expenses, incurred in the performance of their duties. [L Sp 2008, c 1, pt of §2]
Attorney General Opinions
Subsection (b) is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-5 Staff.

§261E-5 Staff.
The air carrier commission may appoint and employ, on a contractual or noncontractual basis not subject to chapter 76, persons the commission determines necessary for the performance of the commission's functions. The commission shall determine the powers, duties, and compensation of the staff. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-6 General powers and duties.

§261E-6 General powers and duties.
The air carrier commission shall have general supervision over all Hawaii air carriers providing air transportation and, to the extent determined by the commission to be necessary to effectuate the purposes of this chapter, over any related company, and shall perform the duties and exercise the powers imposed or conferred upon it by this chapter. The general powers of the commission shall include:
(1) Regulating Hawaii air carriers by using, in addition to its other powers, the investigative powers set forth in section 261E-7;
(2) Establishing reasonable classifications of Hawaii air carriers based upon the nature of the services provided by the carriers and adopting rules pursuant to chapter 91 to regulate those classes of Hawaii air carriers; and
(3) Exempting from this chapter, in whole or in part, when determined to be in the public interest, any Hawaii air carrier engaging in air transportation solely with aircraft with a maximum seating capacity of not more than seventeen passengers or maximum cargo capacity of not more than three thousand pounds. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-7 Investigative powers.

§261E-7 Investigative powers.
(a) The air carrier commission shall have the power to examine the condition of each Hawaii air carrier and, to the extent determined by the commission to be necessary to effectuate the purposes of this chapter, any related companies, including:
(1) The manner in which carriers are operated with reference to the accommodation of the public;
(2) The fares and rates charged by carriers;
(3) The value of the physical property of carriers;
(4) The issuance of stocks and bonds, and the disposition of the proceeds thereof, by carriers;
(5) The amount and disposition of the income and all financial transactions, of carriers;
(6) The business relations of carriers with other persons, companies, or corporations;
(7) The compliance of carriers with all applicable state and federal laws and with the provisions of their franchise, charter, and articles of association, if any;
(8) The classifications, rules, regulations, practices, and service of carriers; and
(9) All matters of every nature affecting the relations and transactions between carriers and the public, persons, or corporations.
(b) Any investigation may be made by the commission on its own motion or a sworn written complaint that the commission determines sets forth any prima facie cause of complaint.
(c) A related company shall be deemed to have consented to examination and investigation pursuant to this section by entering into or maintaining a control relationship with a Hawaii air carrier. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-8 Certificates of public convenience and necessity.

§261E-8 Certificates of public convenience and necessity.
(a) Except as otherwise provided in this chapter, no person shall engage in air transportation unless the person holds a certificate issued by the air carrier commission authorizing its operation.
(b) Applications for certificates shall be made in writing to the commission. Applications shall be in the proper form and contain the required information, with the proof of service upon the interested parties, as the commission shall require by rule.
(c) A certificate shall be issued to any qualified applicant, authorizing the whole or any part of the operations covered by the application if it is found that the applicant is a citizen of the United States and fit, willing, and able to properly perform the service proposed and to conform to this chapter and the requirements and rules of the commission, and that the proposed service, to the extent to be authorized by the certificate, is required by the public convenience and necessity; otherwise the application shall be denied. The applicant shall have the burden of proof to establish that any proposed service is required by the public convenience and necessity. The commission shall institute an oral evidentiary hearing to consider any application for a certificate that would authorize the holder to use aircraft capable of carrying more than seventeen passengers.
(d) Any applicant receiving a certificate under this chapter shall pay, upon receipt of the certificate, a registration fee and subsequent annual fee that shall be determined by the commission and deposited into the state general fund.
(e) Any Hawaii air carrier engaging in air transportation under a certificate issued by the commission may occasionally deviate from the route over which it is authorized to operate under the certificate under rules adopted by the commission. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-9 Temporary authority.

§261E-9 Temporary authority.
To enable the provision of service for which there is an immediate and urgent need to a point or points having no Hawaii air carrier service capable of and willing to meet the need, the air carrier commission, in its discretion and without hearings or other proceedings, may grant temporary authority for the service by a Hawaii air carrier. The temporary authority, unless suspended or revoked for good cause, shall be valid for the time the commission shall specify, but for not more than a period of one hundred twenty days for any one immediate and urgent need. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-11 Suspension, change, and revocation of certificates.

§261E-11 Suspension, change, and revocation of certificates.
(a) Certificates shall be effective from the date specified and shall remain in effect until suspended or terminated as provided in this section.
(b) Any certificate, upon application of the certificate holder, in the discretion of the air carrier commission, may be amended or revoked in whole or in part. Upon complaint, or on the commission's own initiative, a certificate may be suspended, changed, or revoked in whole or in part for wilful failure by the holder or any related company to comply with this chapter, or with any lawful order or rule of the commission, or with any term, condition, or limitation of the certificate. No certificate shall be revoked except upon application of the holder unless the certificate holder or any related company wilfully fails to comply, within a reasonable time that shall not be fewer than thirty days and that shall be fixed by the commission, with a lawful order of the commission, rule of the commission, or to a term, condition, or limitation of the certificate or permit.
(c) The right to engage in transportation by virtue of any certificate issued pursuant to section 261E-8 or by virtue of temporary authority or approval granted under section 261E-9 or 261E-10, may be suspended by the commission upon reasonable notice of not fewer than fifteen days to the carrier, but without hearing or other proceedings, for failure to comply by the carrier or any related company, with the terms of the certificate or temporary authority or approval or with any lawful order or rule of the commission regarding the certificate or temporary authority or approval. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-14 Investigation of unfair or deceptive practices.

§261E-14 Investigation of unfair or deceptive practices.
The commission, upon its own initiative or upon complaint, if it considers the action to be in the public interest, may investigate and determine whether any Hawaii air carrier has been or is engaged in unfair or deceptive practices or unfair methods of competition in air transportation or the sale thereof. If the commission finds, after notice and hearing, that a carrier is engaged in unfair or deceptive practices or unfair methods of competition, it shall order the carrier to cease and desist from those practices or methods of competition. Notwithstanding section 480-2(d), a complaint may be made by any person, a government, or competing carrier and may relate to practices involving advertising and marketing, service and ancillary services, pricing, or any other aspect of the operations of a Hawaii air carrier. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-15 Issuance of securities; execution of leases.

§261E-15 Issuance of securities; execution of leases.
A Hawaii air carrier, with the approval of the air carrier commission, may issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, and enter into long-term leases of more than five years and leverage leases, for the following purposes:
(1) For the acquisition or use of property;
(2) For the construction, completion, extension, or improvement of or addition to its facilities or service;
(3) For the discharge or lawful refunding of its obligations; and
(4) For the reimbursement of moneys actually expended from income or from any other moneys in its treasury not secured by or obtained from the issue of its stocks or stock certificates, or bonds, notes, or other evidences of indebtedness, except maintenance of service, replacements, and substitutions not constituting capital expenditure in cases where the air carrier has kept its accounts for the expenditure in a manner as to enable the commission to ascertain the amount of moneys expended and the purposes for which the expenditures were made and the sources of the funds in its treasury applied to the expenditures.
A Hawaii air carrier may not issue securities or enter into long-term leases of more than three years and leverage leases, to acquire or use property or to construct, complete, extend, improve, or add to its facilities or service, if the commission determines that the proposed transaction will have a material adverse effect on the carrier's operations. No carrier shall repurchase or reissue its own common stock without the approval of the commission.
This section shall apply to a transaction involving a related company to the extent that the commission determines that the transaction may have a potential impact upon the relevant Hawaii air carrier or its operations. A related company shall notify the commission of any transaction at least sixty days prior to its consummation. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-16 Accounts, records, and reports.

§261E-16 Accounts, records, and reports.
The air carrier commission may require annual, periodic, or special reports from all Hawaii air carriers and related companies. The commission shall prescribe the manner and form in which the reports shall be made. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-17 Unlawful actions; penalties.

§261E-17 Unlawful actions; penalties.
(a) Any person who knowingly and wilfully violates any provision of this chapter, or the terms of any certificate, for which violation a penalty is not otherwise provided in this chapter, shall be fined not less than $500 or more than $2,000 for the first offense and not less than $1,000 nor more than $10,000 for any subsequent offense. Each day of the violation shall constitute a separate offense.
(b) Any person, whether carrier, shipper, or consignee, or any officer, employee, agent, or representative thereof, who:
(1) Knowingly offers, grants, gives, solicits, accepts, or receives any rebate, concession, or discrimination in violation of any provision of this chapter;
(2) By means of any false statement or representation or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, knowingly and wilfully assists, suffers, or permits any person or persons, natural or artificial, to obtain transportation of passengers or property subject to this chapter for less than the applicable rate, fare, or charge; or
(3) Knowingly and wilfully by any such means or otherwise fraudulently seeks to evade or defeat regulations in this chapter,
shall be fined not less than $100 nor more than $5,000 for each offense.
(c) Any person who knowingly and wilfully divulges any fact or information that may come to the person's knowledge during the course of any examination or inspection made under authority of this chapter, except as the person may be directed by the commission or by a court or judge of competent jurisdiction, shall be guilty of a misdemeanor.
(d) Any Hawaii air carrier or related company, or any officer, agent, employee, or representative thereof, who knowingly and wilfully fails or refuses to comply with any provision of this chapter, or any rule, filed tariff, or requirement or order thereunder, shall pay a civil penalty to the State in the sum of not less than $100 nor more than $5,000 for each offense and, in the case of a continuing violation, a penalty not to exceed $1,000 for each additional day during which the failure or refusal continues. A penalty shall become due and payable when the person incurring it receives a notice in writing from the air carrier commission, reasonably describing the violation and advising that the penalty is due. Penalties against a related company, at the discretion of the air carrier commission, may be collected from the related Hawaii air carrier.
(e) The commission may compromise any fine or civil penalty taking into consideration, among other factors, the impact on consumers and remedial measures to be taken. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-18 Hearings.

§261E-18 Hearings.
(a) Unless otherwise provided in this chapter, all hearings, investigations, and proceedings shall be governed by chapter 91 and by rules adopted by the air carrier commission, and in the conduct thereof, the rules of evidence need not be applied; provided that in all evidentiary hearings conducted pursuant to chapter 91 in which a person has the burden of:
(1) Justifying the reasonableness of its rates, fares, charges, or classifications;
(2) Establishing the need for service in the public convenience and necessity or of demonstrating that a proposed transaction is consistent with the public interest; or
(3) Proving the reasonableness of expenditures, contracts, leases, or other transactions between the carrier and corporate affiliates of the carrier,
the burden shall be satisfied only if the reliable, probative, and substantial evidence is clear and convincing. No informality in any hearing, investigation, or proceeding, or in the manner of taking testimony shall invalidate any order, decision, or rule made, approved, or confirmed by the commission.
(b) Complaints may be made in writing by the commission on its own motion or by any person or body politic setting forth any act or thing done, or omitted to be done, by any person subject to the commission's jurisdiction, including any rule, rate, or charge, heretofore established or fixed by or for any Hawaii air carrier, in violation or claimed to be in violation, of any law or any order or rule of the commission. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-19 Review and appeals.

§261E-19 Review and appeals.
(a) Within ten days after the issuance of any final decision or order of the commission under this chapter, any party aggrieved by the action of the commission may submit a petition to the director of transportation requesting the director to review the decision or order. The filing of any petition shall stay the effectiveness of the decision or order until the director has issued a final decision on review. The director may affirm in whole or in part the order or decision of the commission or remand it to the commission for further consideration, in which case the order or decision shall remain stayed until it is again submitted to and approved by the director.
(b) An appeal from an order of the air carrier commission under this chapter, whether or not reviewed by the director, shall be made to the supreme court in the manner and within the time provided by chapter 602 and the rules of court; provided that the order is final. If the order is preliminary, an appeal may be made pursuant to section 91-14(a). The appeal shall not of itself stay the operation of the order appealed from, but the court may stay the order after a hearing upon a motion therefor and may impose such conditions as it may deem proper as to giving a bond and keeping the necessary accounts or otherwise securing restitution of the excess charges, if any, made during the pendency of the appeal in case the order appealed from should be sustained, revised, or modified, in whole or in part.
(c) Any party injured by a violation of this chapter may file an action to enjoin such violation before any court of general jurisdiction of the State of Hawaii. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 261E. Hawaii Air Carriers › 261E-20 Existing service.

§261E-20 Existing service.
(a) As of the effective date of enactment of all required federal legislation, any person providing air transportation with turnaround service between two points, both of which are within the State of Hawaii pursuant to authority granted by the United States Department of Transportation, shall be deemed qualified and shall be issued a certificate pursuant to this chapter.
(b) For the purposes of this section, "turnaround service" means the operation of an aircraft that only serves points within the State of Hawaii. [L Sp 2008, c 1, pt of §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-1 Definitions.

§262-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Airport" means any area of land or water designed and set aside for the landing and taking-off of all aircraft and utilized or to be utilized in the interest of the public for such purposes;
"Airport hazard" means any structure or tree which obstructs the air space required for the flight of aircraft in landing or taking-off at an airport, or any use of land which creates a dangerous condition, including the placement of strong lights which blind pilots during such operations;
"Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter;
"Airport protection" means protection against an airport hazard;
"Department" means the department of transportation;
"Director" means the director of transportation or the director's authorized representative;
"Person" means any individual, partnership, corporation, unincorporated association, joint stock association, or any trustee, receiver, assignee, or other similar representative thereof; or the State or any of its political subdivisions, or agencies thereof;
"Structure" means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, chimneys, and overhead transmission lines;
"Tree" means any object of natural growth. [L 1965, c 140, pt of §1; Supp, §17A-1; HRS §262-1; gen ch 1985, 1993]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-2 Airport hazards contrary to public interest.

§262-2 Airport hazards contrary to public interest.
An airport hazard endangers the lives and property of users of an airport and of occupants of land in its vicinity, and in effect reduces the size of the area available for the landing, taking-off, and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport and the public investment therein. Accordingly, it is declared:
(1) That the creation, maintenance, or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; therefore, it is necessary in the interest of the public health, public safety, and general welfare that the creation, maintenance, or establishment of airport hazards be prevented; and
(2) That the prevention of the creation, maintenance, or establishment of airport hazards should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.
It is further declared that both the prevention of the creation, maintenance, or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes. [L 1965, c 140, pt of §1; Supp, §17A-2; HRS §262-2]
Case Notes
Cited: 17 H. 523, 524 (1906).
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-3 Power to adopt airport zoning regulations.

§262-3 Power to adopt airport zoning regulations.
To prevent the creation or establishment of airport hazards, the director of transportation may adopt, amend, repeal, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for an airport hazard area in the State, which regulations may divide each area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures may be erected and trees allowed to grow, subject to section 262-6. [L 1965, c 140, pt of §1; Supp, §17A-3; HRS §262-3]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-4 Relation to comprehensive zoning regulations.

§262-4 Relation to comprehensive zoning regulations.
In the event of conflict between any airport zoning regulations adopted under this chapter and any ordinances or other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether other regulations were adopted by or under the authority of the State or by or under the authority of a county, the more stringent limitation or requirement shall govern and prevail. [L 1965, c 140, pt of §1; Supp, §17A-4; HRS §262-4]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-4.5 Outdoor lighting.

§262-4.5 Outdoor lighting.
To the extent that it is practical and not in conflict with any safety regulation or federal law, regulation, or mandate, if any airport rule or standard relating to outdoor lighting on any ramp or apron area, roadway, or parking lot conflicts with any county ordinance or other rule regarding outdoor lighting, the more stringent requirement or standard shall govern all new installations of outdoor lighting. [L 2007, c 121, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-5 Procedure for adoption of zoning regulations.

§262-5 Procedure for adoption of zoning regulations.
(a) The director of transportation shall adopt airport zoning regulations in accordance with chapter 91.
(b) At least ninety days before the public hearing on the initial zoning of any airport hazard area, the director shall notify the appropriate state and county planning agencies and any boards or commissions of a similar nature which may be concerned, and thirty days before the public hearing such agencies, boards, and commissions may file with the director their recommendations as to the boundaries of the various zones to be established and the regulations to be adopted therefor. The director shall give due consideration to recommendations so filed. [L 1965, c 140, pt of §1; Supp, §17A-5; HRS §262-5]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-6 Airport zoning regulations.

§262-6 Airport zoning regulations.
(a) All airport zoning regulations adopted under this chapter shall have the force and effect of law. The regulations shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations the director may adopt, the director of transportation shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.
(b) Nonconforming uses. No airport zoning regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in section 262-7. [L 1965, c 140, pt of §1; Supp, §17A-6; HRS §262-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 262. Airport Zoning Act › 262-7 Permits, hazard markings, and lighting.

§262-7 Permits, hazard markings, and lighting.
(a) Permits. Any airport zoning regulations adopted under this chapter may require that before any new structure, tree, or use may be constructed, planted, or established, and before any existing use, tree, or structure may be substantially changed, replanted, or substantially altered or repaired, a permit be obtained authorizing such construction, planting, establishment, change, replanting, alteration, or repair. In any event, all the regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, or replanted, a permit must be secured from the department of transportation authorizing the replacement, alteration, repair, rebuilding, or replanting. No permit shall be granted that would allow the establishment, maintenance, or creation of an airport hazard. Except as provided herein, all applications for permits shall be granted.
(b) Hazard markings and lighting. In granting any permit under this section, the director may, if the director deems such action advisable to effectuate the purposes of this chapter and reasonable under the circumstances, so condition such permit as to require the owner of the structure or tree in question to permit the State, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport hazard. [L 1965, c 140, pt of §1; Supp, §17A-7; HRS §262-7; gen ch 1985]