Hawaii Aviation

A brief summary of laws enacted by the Territorial Legislature relating to aeronautics in Hawaii.

Act	Date Approved by Governor	Title	Purpose
14	22 March 1915	An Act to Prohibit the Operation of Aeroplane, Balloon and Other Aircraft in the Territory of Hawaii with Certain Restrictions.  (No Bill No.)	No person shall, without a license from the Governor, operate an aeroplane, balloon, or other aircraft in or across the Territory of Hawaii, except a member of the Aviation Corps of the United States Army, United States Navy, or National Guard of Hawaii, or a person employed in the United States Military of Naval Service as a pilot. Any person who shall violate any of the provisions of this Act shall, upon conviction, be punished by a fine not exceeding One Thousand Dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment in the discretion of the court.
107	19 April 1917	An Act to Prohibit the Operation of Aeroplane, Balloon and Other Air Craft in the Territory of Hawaii With Certain Restrictions. (No Bill No.)	Amended Act 14 to include “National Guard of Hawaii or naval militia of Hawaii or a person employed in the United States military or naval services as a pilot.”
109	30 April 1923	An Act Concerning Aeronautics and to Make Uniform the Law with Reference Thereto, and Repealing all Laws Inconsistent Therewith. (HB 55)	Creates Title XXXV. Aeronautics.  Chapter 214 in Revised Laws of Hawaii, which is a Uniform Law for Aeronautics. Sections include: Definition of terms; Sovereignty in space; Ownership of space; Lawfulness of flight; Damage on land; Collision of air craft; Jurisdiction over crimes and tort; Jurisdiction over contracts; Dangerous flying a misdemeanor; Annual license required; Examination of aircraft; Penalty; Hunting from aircraft a misdemeanor; Uniformity of interpretation; Short title.
18	8 April 1925	An Act Appropriating the Sum of $10,000 to Cover Expenses of Transportation, and Housing Prisoners Detailed to Clear and Grade the Aeroplane Landing Field at Waiakea, Hilo, Hawaii. (HB 150)	Funds were authorized to the Attorney General of the Territory to transport and house prisoners assigned to labor upon the aeroplane landing field at Waiakea.
59	22 April 1925	An Act to Amend Section 808 of the Revised Laws of Hawaii 1925 Relating to Eminent Domain. (SB 25)	This amendment allowed private property to be taken for among other purposes, the establishment and maintenance of landing fields and hangars, and landing harbors of airships including every kind of vehicle and/or structure intended for use as a means of transporting passengers and/or goods and/or materials in and through the air.
176	29 April 1925	An Act Appropriating Funds for the Acquisition and Improvement of an Air Port and/or Landing Field on the Island of Oahu. (HB 315)	Appropriated $45,000 out of the general revenues of the Territory for the acquisition, by purchase, condemnation or otherwise, and improvements of a suitable airport and/or landing field within a reasonable distance of the City of Honolulu.  The amount to be expended only after there has been raised by private subscription, and paid in to the treasury of the territory to the credit of the Air Port and/or Landing Field fund, the sum of $20,000 which shall become the property of the territory.
76	20 April 1927	An Act Exempting from Taxation All of the Property Actually and Solely Used in the Workings and Operations of Aerial Transportation Enterprises Conducted Solely as Common Carriers.(HB 195)	For five years from and after 31 December 1927 all of the property, both real and personal, of any person, firm, co-partnership or corporation actually and solely used in the workings and operations of aerial transportation enterprises, conducted solely as common carriers, which were inaugurated prior to December 31, 1932, shall be exempt from all property taxes, both territorial and county.
100	22 April 1927	An Act to Amend Section 2208 of the Revised Laws of Hawaii 1925 Defining the Term “Public Utility”. (HB 196)	“Public Utility” as used in this chapter shall not, until and after June 30, 1933, mean and include any person, firm, co-partnership or corporation in so far as such owns or operates an aerial transportation enterprise solely as a common carrier.
128	23 April 1927	An Act Making Additional Appropriations Out of the General Revenues for the Period Ending June 30, 1927. (HB 185)	Appropriated $512.00 for the Territorial Aviation Examining Board for current expenses.
238	27 April 1927	An Act Amending Sections 3894, 3900 and Repealing Section 3902 of Chapter 214 of the Revised Laws of Hawaii 1925, Relating to Aeronautics and Making an Appropriation of $10,000 for the Territorial Aeronautical Commission. (SB 273)	Section 3900 created the Territorial Aeronautics Commission, to “consist of not less than five nor more than seven members, to be appointed by the Governor and to serve without pay, one of whom shall be designated by the Governor to act as chairman. At least three of the members of said Commission shall be competent licensed aeronauts, or aeronauts holding commissions as such in the aviation service of some branch of the United States Army, Navy, Marine Corps or Coast Guard, including the Hawaii National Guard, the Naval Militia and Reserve Corps.” The powers and duties of the Commission were: 1) The preparation, promulgation and enforcement of rules and regulations governing aviation and all allied activities within the Territory of Hawaii, which rules and regulations when approved by the Governor and promulgated, shall have the effect of law; 2) Examination and licensing of commercial aeronauts, mechanics, aircraft and flying equipment, including the right of access to and inspection of all such aircraft and flying equipment at all times; 3) The establishment and chartering of airways, and areas over which flying shall be prohibited, throughout the Territory; 4) The exclusive control and operation of all territorially owned or leased airports. The Legislation also appropriated $10,000 for the expenses of the TAC for the 1927-1929 biennial period.
257	2 May 1927	An Act Appropriating Funds for the Acquisition, Improvement, Development and Rendering Safe and Accessible Airports on the Islands of Kauai, Oahu, Molokai and Maui. (SB 190)	Appropriated $100,000 for lands suitable for airports, as follows: Kauai: acquisition of land and improvement, $15,000. Oahu: Improvement of airport at Moanalua, $75,000. Molokai: Improvement of government land, $5,000. Maui: Acquisition of land and improvement, $5,000.
277	4 May 1927	An Act Making an Appropriation to Cover Expenses of Transportation and Housing Prisoners Detailed to Work on the Airport at Waiakea, Hilo, Hawaii and for the Development and Improvement of Same. (HB 389)	Appropriates $25,000 to the Attorney General to be used for transportation and housing of prisoners working at Hilo Airport. Repeals Act 18, 21 and 250 of Session Laws 1925. Appropriates $25,000 to the Attorney General to be used for transportation and housing of prisoners working at Hilo Airport.
121	30 April 1929	An Act Making an Appropriation for the Construction of an Approach to the Waiakea Airport. (HB 344)	$7,000 was appropriated out of the general revenues of the Territory for the construction of a road and approach to the Waiakea Airport, Hilo, beginning at the junction of Kamehameha Avenue and Kalanianaole Street and running a distance of approximately 2,000 feet. The work was to be done by the superintendent of public works.
129	30 April 1929	An Act Making an Additional Appropriation for Transportation and Housing Prisoners and the Purchase of Tools and Equipment for Labor and Use on the Waiakea Airport, Hilo, Hawaii, or at Any Other Place Designated by the Attorney General. (HB 93)	$10,000 was appropriated to cover the expenses of transportation and housing prisoners working on the Hilo Airport, as well as tools to do their work.  This was the first appropriation for tools.
243	3 May 1929	An Act to Provide for Public Improvements. (SB 15)	Appropriates $100,000 to be used for Territorial Airports, Lands, Improvement to Land and Buildings. This Act was known as the Loan Fund Act of 1929 and allowed bonds to be issued as provided by law to the extent necessary to yield the amounts appropriated.
255	8 May 1929	An Act Making Appropriations Out of the General Revenues for the Biennial Period Ending June 30, 1931. (HB 72)	Appropriated $25,000 for the Department of Aeronautics current expenses.
87	15 April 1931	An Act Making an Additional Appropriation for Transportation and Housing Prisoners and the Purchase of tools and Equipment for Labor and Use on the Waiakea Airport, Hilo, Hawaii, or at Any Other Place. (SB 164)	Appropriates $10,000 for the prisoners working on the Hilo Airport, including transportation, housing and tools.
122	22 April 1931	An Act Appropriating Funds. (SB 196)	Appropriates the following for airports: Territorial Airports, Lands, Improvement on Land and Buildings, $100,000; Territorial Airport, Wailua, Kauai, $35,000 Appropriates the following for airports:
17	22 April 1932	An Act Amending Sections 3894, 3900 and 2901 of the Revised Laws of Hawaii 1925, Relating to Aeronautics, Abolishing the Territorial Aeronautical Commission and Transferring its Functions and Duties to the Superintendent of Public Works. (HB 19)	Abolishes the Territorial Aeronautical Commission effective July 1, 1932. Transfers all responsibilities of the TAC to the Superintendent of Public Works including preparation, promulgation and enforcement of rules and regulations governing aviation and all allied activities within the Territory; examination and licensing of commercial aeronauts, mechanics, aircraft and flying equipment; establishment and chartering of airways and areas over which flying shall be prohibited; exclusive control and operation of all territorially owned or leased airports.
19	20 March 1932	An Act Imposing a License Fee on the Sale or Use of Liquid Fuel in the Territory of Hawaii, Providing for the Collection and Disposition of Such License Taxes, Prescribing Penalties for Violation of the Provisions of Said Act and Repealing All Acts and Parts of Acts Inconsistent Herewith. (HB 61)	This is referred to as the Hawaii Fuel Tax Act. It created four special funds, one for each county.  Funds were appropriated from these funds for the Territorial Highway Fund.  The statute provided that the tax was not applicable to fuel imported into the Territory for interstate or foreign commerce while and so long as such fuel is beyond the taxing power of the Territory.  This later became the grounds for a Territorial lawsuit against Pan American Airways for fuel it used in its flights from California to Honolulu.
32	3 May 1932	An Act Appropriating Funds. (HB 46)	Appropriates $12,500 to the Aeronautical Commission for personal services and other current expenses to be expended up to July 1, 1932.
74	3 June 1932	An Act Making an Appropriation from the General Revenues of the Territory of Hawaii for a New Prison Unit and Certain Equipment for the Oahu Prison and for Waiakea Airport Prison Camp Expenses. (HB 62)	Appropriated $7,500 for expenses of or in connection with the Waiakea Airport Prison Camp.
71	25 April 1933	An Act Making an Appropriation for the Renovation and/or Extension of the Prison Camp at Waiakea, South Hilo; for the Transportation and Housing of Prisoners, and the Purchase of Tools and Appliances for Use by Prisoners on Public Projects in the District of South Hilo, County of Hawaii. (SB 54)	Appropriated $5,000 for the expenses of housing 25 prisoners and to cover the expense of transporting and housing the prisoners and the purchase of necessary tools and appliances for use by such prisoners.
202	1 June 1933	An Act to Amend Act 100 of the Session Laws of 1927, Relating to the Term “Public Utility.” (SB 266)	The Date June 30, 1933 in Section 1 was amended to read June 30, 1935.
29	15 April 1935	Appropriation for Public Projects, South Hilo. (SB 61)	Appropriates $10,000 to cover expenses for transporting, guarding, housing and maintaining such territorial prisoners as may be detailed for the maintenance and improvement of Waiakea Airport, and other public works project in Hilo.
205	11 May 1937	An Act Making Appropriations out of the General Revenues for the Biennium Period Ending 30 June 1939. (HB 55)	Appropriates $114,568 to the Superintendent of Public Works for the repairs to all government property including airports.
244	16 May 1939	An Act Making Appropriations Out of the General Revenues for the Biennium Period Ending 30 June 1941. (HB 38)	Appropriates $139,916 to the Superintendent of Public Works for the repairs to all government property including airports.
273	17 May 1941	An Act Making Appropriations Out of the General Revenues for the Biennial Period Ending 30 June 1943. (HB 14)	Appropriates Superintendent of Public Works $233,578 for maintenance and repairs of government properties including airports.
435	17 May 1941	An Act Making Appropriation Out of the General Revenue for the Biennium Period Ending 30 June 1943. (HB 31)	Appropriates $233,578 to the Superintendent of Public Works for maintenance and repairs of government property including airports.
12	27 September 1941	An Act to Amend Sections 3021 and 2833 of the RLS 1935 to Confer Upon the Several Counties and the City and County of Honolulu the Power to Provide for and Regulate the Marking and Lighting of Structures Hazardous to Aerial Navigation. (SB 32)	Requires counties to provide and regulate the marking and lighting of structures hazardous to aerial navigation.
35	6 October 1941	An Act Appropriating the Sum of One Hundred and Sixty-three Thousand Dollars ($163,000) Out of the General Fund of the Territory of Hawaii for Certain Improvements to Territorial Airports. (HB 27)	Appropriated funds as follows: Land (Including Damages): Rodgers Airport, $2,000; Maui Airport, $15,500; Kailua Airport, $7,500; Lahaina Airport, $5,000; Hilo Airport, $7,500; Appraisals & Engineering, $40,000. Grading & Drainage Improvements: Rodgers Airport, $34,000. Structures and Equipment: Rodgers Airport—Control Tower, $6,000; Comfort Station, $1,500; Offices & Restaurant, $8,500. Hilo Airport—Control Tower, $6,000; Hangar, $12,000. Maui Airport—Control Tower, $6,000; Hangar, $12,000. Molokai Airport—Control Tower, $6,000. Port Allen Airport—Control Tower, $6,000. Contingencies: $25,000.

Copies of all Legislation may be viewed at the Hawaii State Archives.