Hawaii Aviation

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

Act	Date Signed by Governor	Title	Purpose
134	2021-07-01	Airport Road; Kahului Airport; Mayor Elmer F. Cravalho Way	Renames Kahului Airport Access Road on Maui as the Mayor Elmer F. Cravalho Way. (HD1) Hawaii-2021-SB651-Amended
001	2021-07-08	Pacific International Space Center for Exploration Systems; University of Hawaii at Hilo; Challenger Center Hawaii Program; Tourism Special Fund; Hawaii Tourism Authority; County Transient Accommodations Tax; Appropriation	Abolishes the office of aerospace development, aerospace advisory committee, and Hawaii unmanned aerial systems test site advisory board. Transfers administration of the Pacific international space center for exploration systems from DBEDT to the University of Hawaii at Hilo. Transfers the administration of and the budget for the Challenger center Hawaii program from the office of aerospace development to DOE. Decreases transient accommodations tax allocation to the convention center enterprise special fund. Repeals transient accommodation tax allocation to the counties. Authorizes the counties to establish a county transient accommodations tax at a rate not to exceed three per cent. Effective 1/1/2022, repeals the tourism special fund and repeals certain compensation package limits for the president and chief executive officer of HTA. Repeals the HTA's exemption from the public procurement code. Makes an appropriation for HTA. (CD1) Hawaii-2021-HB862-Amended
207	2022-06-27	Unmanned Aerial Vehicle; Fishing; State Marine Waters; Prohibition; Department of Land and Natural Resources	Prohibits the possession or use of unmanned aerial vehicles on, in, or near state marine waters for purposes of fishing, unless permitted by the Department of Land and Natural Resources. (CD1) SECTION 1. Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§188- Possession or use of unmanned aerial vehicles on, in, or near state marine waters prohibited; exception. (a) It is unlawful to possess or use on, in, or near state marine waters, any unmanned aerial vehicles, for the purpose of taking aquatic life, except under the terms and conditions of a permit first obtained by the user from the department of land and natural resources; provided that unmanned aerial vehicles may be used for the purpose of simple reconnaissance. The department of land and natural resources may issue permits for the possession or use of unmanned aerial vehicles consistent with other legal requirements. (b) As used in this section, "unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval.
058	2023-06-05	Drones; Unmanned Aircraft System; Trespass; Penalty	Establishes the offense of trespass with an unmanned aircraft system as a misdemeanor. (HD2) SECTION 1. The legislature finds that the proliferation of unmanned aircraft systems, commonly called drones, has led to privacy and public safety concerns for individuals, especially when the drones are flown over their property. The legislature further finds that Hawai�i's laws do not adequately address these situations and that some states, including Louisiana, South Dakota, Tennessee, and Virginia have enacted laws that prohibit trespassing on private property with a drone. The purpose of this Act is to establish the offense of trespass with an unmanned aircraft system. SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§711- Trespass with an unmanned aircraft system. (1) A person commits the offense of trespass with an unmanned aircraft system if the person intentionally causes an unmanned aircraft system to: (a) Cross the property line of another and come within fifty feet of a dwelling to coerce, intimidate, or harass another person or, after having been given actual notice to desist, for any other reason; or (b) Take off or land in violation of current Federal Aviation Administration special security instructions or unmanned aircraft systems security sensitive airspace restrictions. (2) This section shall not apply if: (a) Consent was given to the entry by any person with legal authority to consent or by any person who is lawfully present on the property; or (b) The person was authorized by federal regulations to operate an unmanned aircraft system and was operating the system in an otherwise lawful manner and consistent with federal regulations. (3) Trespass with an unmanned aircraft system is a misdemeanor." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval.
059	2023-06-05	Department of Transportation; Mooring; Permits; Prohibitions	Authorizes the Department of Transportation to delay or deny approval for port entry or departure in instances when the Department of Transportation receives notice from a federal agency or other agency that a vessel or its crew has engaged in activity that has violated any federal, state, or county law or rule pertaining to environmental protection or maritime transportation. Authorizes the Department of Transportation to grant approvals for use of any commercial harbor facility by a vessel in coordination with a federal agency or other agency. Effective 3/22/2075. (SD2) SECTION 1. The legislature finds that illegal or harmful activity throughout the Pacific Ocean has been increasing. In many cases, foreign vessels have entered new areas of the Pacific Ocean to traffic illegal commodities. Other foreign vessels have frequently entered other nations' protected areas to collect resources to the detriment of local communities and are beginning to scout waters near Hawaii to conduct undersea mining that will irreparably harm Hawaii's undersea ecosystems. Accordingly, the purpose of this Act is to restrict vessels that have been engaged in specific unpermitted or unlicensed activities from entering or departing ports in the State's commercial harbor system. SECTION 2. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§266- Restriction of use of facilities. When the department of transportation receives notice from a federal agency or other agency that a vessel or its crew has engaged in activity that has violated any federal, state, or county law or rule pertaining to environmental protection or maritime transportation, or trafficking of illegal contraband, or the unpermitted or unlicensed collection or extraction of undersea minerals, the department of transportation may delay or deny approval for port entry or departure; provided that in these cases, the department of transportation may grant approvals for use of any commercial harbor facility by that vessel in coordination with the federal agency or other agency." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on March 22, 2075.
142	2023-06-30	State Fire Council Package; Composition; Members	Adds to the membership of the State Fire Council, and to the membership of advisory committees that the Council may appoint, representatives from the Hawaii State Aircraft Rescue Fire Fighting Unit and the Division of Forestry and Wildlife of the Department of Land and Natural Resources to reflect all non‑federal fire fighting agencies in the State. (SD1) Hawaii-2023-SB193-Amended
204	2023-07-05	Hawaii Emergency Management Agency; Department of Defense; Civil Air Patrol; Civilian Auxiliary Aviation Services; Appropriation	Appropriates funds for civilian auxiliary aviation services of the type performed by the civil air patrol. Effective 7/1/2050. (SD1) SECTION 1. The legislature finds that for more than seventy‑five years, the civil air patrol has assisted emergency management agencies throughout the nation with response and recovery efforts during and after a disaster. The civil air patrol is a non-profit organization and an auxiliary of the United States Air Force, and its missions include emergency services, aerospace education, and cadet programs. Civil air patrol members are volunteers who serve as pilots, scanners, and ground crew to fulfill its mission. The legislature further finds that the civil air patrol emergency response and recovery activities have included search and rescue efforts, damage assessments, aerial photography of impacted areas, alerts and notifications, and the transportation of supplies. Most recently, the civil air patrol conducted aerial reconnaissance of the State after the severe weather incident in December 2021. The photographs were instrumental in documenting the damage to roadways on the island of Maui and were included in the State's application for a federal disaster declaration. Similar missions were conducted on the island of Hawaii during the Kilauea volcanic eruptions, and on the island of Kauai during the recent flood events. In situations where the State has been threatened by a tsunami, the civil air patrol was called upon to alert remote areas by using speakers mounted to civil air patrol aircraft in areas not serviced by outdoor alert system speakers. The legislature also finds that the Hawaii wing of the civil air patrol conducted these activities for years with state funding for operational expenses. However, that funding ceased in 2019. Accordingly, the purpose of this Act is to appropriate funds for civilian auxiliary aviation operations of the type performed by the civil air patrol. SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for civilian auxiliary aviation services, which may include search and rescue, damage assessments, aerial photography of impacted areas, alerts and notifications, and transportation of supplies. The sums appropriated shall be expended by the department of defense for the purposes of this Act. SECTION 3. This Act shall take effect on July 1, 2050.
237	2023-07-06	DLNR; Conservation and Resources Enforcement; Unmanned Aircraft Systems; Appropriations	Requires the Department of Land and Natural Resources to establish an unmanned aircraft systems program. Authorizes Division of Conservation and Resources Enforcement officers to use unmanned aircraft systems. Requires the Department of Land and Natural Resources to submit an annual report of the effectiveness of the unmanned aircraft systems program to the Legislature. Appropriates funds. Effective 6/30/3000. (SD2) Hawaii-2023-HB1200-Amended
161	2024-07-03	Honolulu Prosecuting Attorney Package; Uncrewed Aircraft; Criminal Offenses	Establishes the felony offenses of misuse of uncrewed aircraft in the first, second, and third degrees. Requires uncrewed aircraft to be operated by a human operator at all times. (SD2) Hawaii-2024-HB1869-Amended
236	2024-07-09	DOT; Harbor Safety; Mooring; Commercial Docks; Labor; Collective Bargaining	Mandates that the Department of Transportation require the securing of mooring lines from vessels to commercial docks, wharves, piers, quays, and landings to be performed by labor subject to collective bargaining. Sunsets 7/1/2028. (SD2) Hawaii-2024-HB1936-Amended

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