Posted on Mar 30, 2015 in Aeronautic Laws

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

ActDate Approved by GovernorTitlePurpose
JR5 19 April 1943Joint Resolution Giving to the Hilo Airport the Official Name of General Lyman Field. (SJR) Whereas, Albert Kualii Brickwood Lyman was born on the island of Hawaii on May 5, 1885, was educated at Kamehameha and Punahou Schools, and the West Point Military Academy; and

Whereas, Albert Kualii Brickwood Lyman was the first man of Hawaiian blood to be appointed a brigadier general of the United States Army; and

Whereas, General Lyman died in Hawaii in the service of his country on August 13, 1942; now therefore be it enacted by the Legislature of the Territory of Hawaii that the official name of the Hilo airport situated at Waiakea, Hilo, Hawaii shall henceforth be General Lyman Field.
168 12 April 1943 An Act Appropriating Fifty Thousand Dollars ($50,000) for the Preparation of Plans and Specifications for Improvements at Keehi Lagoon Seaplane Basin and John Rodgers Airport.  (SB 166) Improvements to include an administration building, hangars, roads, utilities and furniture and equipment therefore for John Rodgers Airport. 
19113 May 1943 An Act Making Appropriations Out of the General Revenue for the Biennium Period Ending 30 June 1945. (HB 135) Appropriates $144,812 to the Superintendent of Public Works for the maintenance and repairs of government property, including airports. 
82 3 May 1945 A Bill for an Act Relating to the Financing of Highways & Other Public Improvements of the Territory and the Counties Including Maintenance as Well as New Improvements and Including Financing of Outstanding Bonds, Repealing Sections 4970, 4971 and 4973 and Amending Sections 4972, 5252, 5254, 5260 and 5924 of RLH 1945.  (SB 277) Section 5260 of the RLH 1945 was amended to read:

“Sec. 5260. Fuel tax, disposition of proceeds. (a) There are created in the treasury of the Territory two specials funds to be known respectively as Territorial highway fund and territorial airport fund. All taxes collected under chapter 100 in each calendar year shall be deposited in the territorial highway fund; provided, however, that all taxes collected under chapter 100 in respect to gasoline sold for use and used in airplanes shall be set aside in the territorial airport fund. . . .

(c) Territorial airport fund. The moneys in the territorial airport fund shall be expended by the superintendent of public works for the construction, repair and maintenance of the territorial airports or territorial hangars, including the acquisition of real property and interests therein. [R.L. 1945, s. 5260; am. L. 1945, c.82.]”
85 5 May 1945 An Act Appropriating the Sum of $75,000 Out of the General Funds of the Territory of Hawaii for the Expansion of Maui Airport. (HB 513) Appropriates funds for the expansion of Maui Airport, including acquisition of lands or interests therein. 
87 5 May 1945 An Act to Amend Act 3 of the SL of 1941 and Act 168 of the SL of 1943, Relating to Keehi Lagoon Seaplane Harbor and John Rodgers Airport, and Making An Additional Appropriation. (SB 279) Amends Act 3 SL 1941 by replacing $100,000 with $200,000.

Appropriates $50,000 for the preparation of plans and specifications for the improvements at Keehi Lagoon Seaplane Harbor and John Rodgers Airport.

These funds are in addition to previously appropriated funds.
153 14 May 1945 An Act Providing for Construction, Grading and Surfacing of Airports at Kalaupapa, Molokai, Lihue, Kauai, Kailua, North Kona, Hawaii, and Hana, Maui and for the Acquisition of Land and Making Appropriations Therefor. ( HB 296) Appropriates as follows:

Kalaupapa Airport: $50,000 for grading and surfacing.

Lanai Airport: $150,000 for grading and surfacing.

Lihue Airport: $115,000 for acquisition of land by purchase or condemnation for and construction.

Kailua Airport (Kona): $100,000 for acquisition of land by purchase or condemnation and construction.

Hana Airport: $150,000 for grading and surfacing.
181 15 May 1945 An Act to Amend Section 4930 of the RL of Hawaii 1945, Relating to Airports, Charges, for Use Thereof and Expenditures Therefrom. (SB 305) Amends Section 4930 to read:

“4. The exclusive control and operation of all territorially owned or leased airports, including various prejudice to the generality of the foregoing the power to grant leases and licenses, to determine the rents payable therefore and the other conditions thereof, and to fix and collect reasonable landing fees for aircraft and other reasonable charges for the use and enjoyment of the airports and the services and facilities furnished in connection therewith, for the purpose of meeting the expenses of operation and maintenance of the airports, for which purpose the revenues from such fees and charges are hereby appropriated to be expended by the superintendent of public works.”
182 15 May 1945 An Act to Create an Airport Zoning Board with Power to Promulgate Airport Zoning Regulations Limiting the Height of Structures and Objects of Natural Growth, and Otherwise, Regulating the Use of Property, in the Vicinity of Airports, to Provide for the Administration and enforcement of such Regulations, and to Authorize the Superintendent of Public Works to Acquire by Purchase, Grant or Condemnation, Air Rights and Other Interests in Land; to Provide Penalties and Remedies for Violations of this Act or of any Regulations Made Under the Authority Conferred Herein; and Providing Funds for the Administration of this Act. (SB 306) Known as the Airport Zoning Act.  Creates an Airport Zoning Board consisting of three members appointed by the governor for a term of five years. They adopted airport zoning regulations.
265 22 May 1945 An Act to Require, with Certain Exceptions, Common or Public Carriers of Passengers or of Passengers and Freight to Carry Blind Persons and the Companion-Guide Dogs Accompanying Them.(SB 381) Requires common or public carriers, including airplanes, to carry any blind person accompanied by a companion-guide dog. 
JR2 3 April 1947 Joint Resolution Requesting the Congress of the United States of America to Continue the Availability of Funds Provided for Airport construction in Hawaii as Legalized by Public Law 377—79 th  Congress. (SJR 5) Congress was requested to make no changes in funds provided for airport construction under the provisions of PL 377 as "transportation of persons and island produce between the islands is becoming more and more dependent on air transportation and the Territory has looked with great favor on the National Airport Program and has provided funds to match federal funds on the improvement of Kalaupapa, Lanai, Lihue, Hana and Kailua Airports." 
23 28 April 1947 An Act Relating to Territorial Airports and Making an Appropriation Therefor. (SB 308) Appropriates funds as follows:

Lihue Airport Runway, buildings, improvements & roads: $270,000.

Kamuela Airport: $60,000.

Kalaupapa Airport Paving & Improvements: $40,000.

Kailua Airport Paving & Improvements: $40,000.

Lanai Airport Paving & Improvements: $105,000.

Port Allen Paving & Improvements: $17,500.

Effective on approval.
31 2 May 1947 An Act to Officially Establish the Name of Honolulu Airport. (SB 332)All land set aside by EO No. 1016 for John Rodgers Airport and Keehi Lagoon Seaplane Harbor to be under the control and management of the superintendent of public works, is designated as Honolulu Airport.  When a new transpacific terminal building is constructed, it shall be designated as John Rodgers Terminal in memory of the late commander John Rodgers, U.S. Navy who made the first flight in a Navy flying boat to these islands in September 1925.  Takes effect on July 1, 1947.
32 2 May 1947 An Act Relating to Aeronautics; Creating an Aeronautics Commission for the Territory of Hawaii; Prescribing the Powers, Duties and Functions of Such Commission and Providing Revenues; Making Regulatory Provisions as to Airports, Air Navigation Facilities, and Aeronautics and Prescribing Penalties; Adding a New Chapter to the Revised Laws of Hawaii 1945; Repealing Sections 4930 and 4932 of the Revised Laws of Hawaii 1945, and Adding a new Section 4934 to Said Revised Laws; Amending Act 182 of the Session Laws of Hawaii 1945, Relating to Airport Zoning; and Other Laws, to Conform to This Act; and Amending Section 5260 of Said Revised Laws, As Amended, Relating to Territorial Airport Fund. (HB 493) Creates the Hawaii Aeronautics Commission; transfers authority for the airports of the Territory from the Superintendent of Public Works to the HAC effective July 1, 1947. Became the basis for the Airports Division of the Department of Transportation upon Statehood.

The purpose of this chapter is to further the public interest and aeronautical progress by creating a territorial aviation commission, which shall be independent of other departments and agencies of the Territory, and placing under the jurisdiction and control of such commission all territorial airways, and all territorial airports and air navigation facilities except those under military jurisdiction and control, etc.

Creates Chapter 15 Hawaii Aeronautics Commission.

Creates Chapter 16 Uniform Aeronautics Act (Modified)

Creates Chapter 17 Airport Zoning Act.
JR9 8 May 1947 Joint Resolution Authorizing the Conveyance to the United States of America of a Portion of John Rodgers Airport. (SJR 20) In exchange for the transfer of the USA of buildings and other improvements and property agreed to by letter on November 6, 1946, a portion of John Rogers Airport was conveyed to the USA. 
148 17 May 1947 An Act to Amend Sections 7232 and 7271 or the Revised Laws of Hawaii 1945, Relating to Intoxicating Liquor. (SB 32) Section 7232 of RLH 1945 is amended by adding the following:

“or to aviation companies engaged in transpacific flight operations for use on aircraft outside the jurisdiction of the Territory of Hawaii.” 
JR18 19 May 1947 Joint Resolution Relating to Airports at Kahului and Puunene, County of Maui. (SJR 37) As the US Navy will abandon use of its Kahului Airport on Maui, and this airport may be more economically operated and provide safer airplane operations than the territorially owned airport at Puunene, to the superintendent of public works was directed to make a survey with CAA officials and the US Navy to determine whether or not the Kahului airport can be made available for civilian flying in lieu of Puunene Airport; and determine whether airplane operations at Kahului airport can be carried on more safely than at Puunene; and whether or not the Kahului airport can be operated more economically than Puunene. 
32 16 April 1949 An Act to Officially Change the Name of Kailua Airport to Kona Airport.  (HB 329) Effective April 16, 1949. 
103 27 April 1949 An Act to Make an Appropriation for Kailua Airport, Kailua, County of Hawaii. (HB 34) Appropriates an additional sum of $74,140 for the construction and completion of Kailua Airport. 
JR18 6 May 1949 Joint Resolution Amending Joint Resolution 9 of the 24 th  Legislature Relating to the Conveyance to the USA of a Portion of Honolulu Airport. (SJR 41) Allows amendments to agreement between USA and Territory to convey a portion of Honolulu Airport to U.S. 
217 9 May 1949 An Act Relating to Malicious Conversions and Amending Section 11470, Revised Laws of Hawaii 1945. (HB 686) Sets a penalty and fine for maliciously moving, taking, or converting to own use, any motorcycle, automobile, or any airplane or aircraft. 
336 20 May 1949 An Act Appropriating Money for the Acquisition, Installation and Operation of Fire Fighting Equipment for Territorial Airports.  (HB 1153) Appropriates $200,000 from the general revenues of the Territory for the purpose of acquiring and installing fire fighting equipment for Territorial airports. 
360 23 May 1949 An Act Relating to Airports and Aeronautics, and the Administration and Financing Thereof, Providing for the Appointment and the Qualifications of the Members of the Hawaii Aeronautics Commission, and Reducing the Tax on Aviation Fuel. (SB 141) Determines that the HAC consist of nine members of whom six shall be residents of the City and County of Honolulu, and one each shall be a resident of Hawaii, Maui and Kauai counties.

Defines the terms of office for the commissioners.

Reduces the aviation fuel tax to four cents per gallon.
368 23 May 1949 An Act Relating to Territorial Airports and Making an Appropriation Therefor. (SB 434) Appropriates $1,688,510 to the HAC as follows:

Honolulu Airport: improvements, plans, specifications, $442,570.

General Lyman Airport: paving, improvements, plans, specs, $300,725.

Kailua Airport: paving and improvements, $74,140 (not approved).

Hana Airport: paving and improvements, $56,000.

Molokai Airport: improvements, $54,450.

Lanai Airport, improvements, $13,200.

Maui (Puunene) Airport: improvements, plans and specifications, $127,400.

Lihue Airport: buildings, runway, taxiways and improvements, $401,225.

Upolu Airport: paving and improvements, $46,200.

Kamuela Airport: paving, grading and improvements, $200,000.
381 23 May 1949 An Act Providing for Territorial Airports and Air Navigation Facilities, and Relating to the Construction, Reconstruction, Improvement, Alteration, Betterment and Extension of Such Airports and Facilities and the Financing of the Same by the Issuance of Revenue Bonds. (SB 630) The HAC is authorized to issue revenue bonds in an amount not in excess of $3 million for territorial airports and air navigation facilities. 
JR25 23 May 1949 Joint Resolution Exempting from Taxation the Gross Income of and the Privilege of Engaging in the Business of the Transportation of Property Only by Air Within the Territory of Hawaii, and Exempting Such Business from Airport Landing Fees and Rentals. (SJR 26) Exempts aircraft used only for cargo as a common carrier from airport landing fees or land rentals by the Territory for a period of two years from December 31, 1948.
18 18 Oct 1949 An Act Relating to Public Improvements and the Financing Thereof, Making Appropriations for Public Improvements, Providing for the Issuance of Public Improvement Bonds, and Repealing Act 368 of the Session Laws of Hawaii 1949. (SB 29) Authorizes the Hawaii Aeronautics Commission to spend $1,641,770 out of any moneys received by the treasurer of the Territory for or on account of loan funds, and bonds may be issued for construction and improvements of airports and air navigation facilities operated by the HAC as follows:

Honolulu Airport, $442,570

Territorial Airports in the counties of Maui and Kalawao, $251,050.

Territorial Airports in the County of Hawaii, $46,925.

Territorial Airports in the County of Kauai, $401,225.
29 21 October 1949 An Act to Authorize Litigation for the Determination of the Merits of the claims of John G. Medeiros, Limited, for Additional Work and Materials Furnished in Connection With the Construction of Kailua Airport, County of Hawaii; and Making Appropriations Therefor. (SB 43) Allows the court to determine whether the claim by the contractor has merit, and if judgment is upheld in Medeiros’ favor, the appropriation of $121,470 to pay the claim

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