| 47 | | - | SECTION 1. Section 261-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Tour aircraft operations. Any other law to the contrary notwithstanding, no tour aircraft operation shall be permitted in any airport under the State's control without having a permit. The director shall adopt rules to regulate tour aircraft operations by permit, which shall include but not be limited to: (1) Identification of the types of aircraft to be utilized; (2) The number of operations daily for each type of aircraft used and the days and hours of operation; (3) Verification that the applicant is in compliance with all state statutes, including but not limited to this section; (4) Verification that the applicant has the Federal Aviation Administration certificate 121 or 135; (5) A written assessment by the department of the impact to the surrounding area and to the subject state airport; (6) Revocation of a permit based on the failure to comply with the information provided by the applicant and the terms and conditions set forth by the department in the permit; and any false statement or misrepresentation made by the applicant; (7) Establishment of penalties for revocation and suspension of a permit for failure to comply with permit conditions; (8) Verification that the applicant has commercial general liability insurance coverage of not less than $10,000,000 arising from any one accident or other cause that covers but is not limited to: (A) Bodily injury and death; and (B) Contractual liability; (9) Requirement that each applicant applying to renew a permit shall provide to the department a written report, which shall be made available to the public, of each tour operation that occurred during the duration of the expiring permit, including: (A) The date and time that the aircraft took off and landed; (B) The number of individuals aboard the aircraft during the operation; (C) The flight path from takeoff through landing; and (D) A disclosure if the aircraft deviated from its intended flight plan; [(8)] (10) Annual renewal of permits; and [(9)] (11) Any change of operations under the existing permit to be approved by the director. No permit shall be authorized unless accompanied by a Hawaii sectional aeronautical chart marked to indicate routes and altitudes to be used in conducting aerial tours and noise abatement procedures to be employed in the vicinity of identified noise sensitive areas. For the purposes of this subsection, "tour aircraft operations" means any business operation that offers aircraft for hire by passengers for the purpose of aerial observation of landmarks and other manmade or natural sites within an island of the State and for the purpose of transporting passengers for tourist-related activities." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect on January 1, 2050. |
|---|
| 48 | + | SECTION 1. Section 261-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Tour aircraft operations. Any other law to the contrary notwithstanding, no tour aircraft operation shall be permitted in any airport under the State's control without having a permit. The director shall adopt rules to regulate tour aircraft operations by permit, which shall include but not be limited to: (1) Identification of the types of aircraft to be utilized; (2) The number of operations daily for each type of aircraft used and the days and hours of operation; (3) Verification that the applicant is in compliance with all state statutes, including but not limited to this section; (4) Verification that the applicant has the Federal Aviation Administration certificate 121 or 135; (5) A written assessment by the department of the impact to the surrounding area and to the subject state airport; (6) Revocation of a permit based on the failure to comply with the information provided by the applicant and the terms and conditions set forth by the department in the permit; and any false statement or misrepresentation made by the applicant; (7) Establishment of penalties for revocation and suspension of a permit for failure to comply with permit conditions; (8) Verification that the applicant has commercial general liability insurance coverage of not less than $10,000,000 arising from any one accident or other cause that covers but is not limited to: (A) Bodily injury and death; and (B) Contractual liability; (9) A requirement that each tour aircraft operation applying to renew a permit provide to the department a written report, which shall be made available to the public, of each tour flight taken during the duration of the expiring permit, including: (A) The date and time that the aircraft took off and landed; (B) The number of individuals aboard the aircraft during the flight; (C) The flight path from takeoff through landing; and (D) A disclosure if the aircraft deviated from its intended flight plan; [(8)] (10) Annual renewal of permits; and [(9)] (11) Any change of operations under the existing permit to be approved by the director. No permit shall be authorized unless accompanied by a Hawaii sectional aeronautical chart marked to indicate routes and altitudes to be used in conducting aerial tours and noise abatement procedures to be employed in the vicinity of identified noise sensitive areas. For the purposes of this subsection, "tour aircraft operations" means any business operation that offers aircraft for hire by passengers for the purpose of aerial observation of landmarks and other manmade or natural sites within an island of the State and for the purpose of transporting passengers for tourist-related activities." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. |
|---|
| 48 | 49 | | |
|---|
| 49 | 50 | | SECTION 1. Section 261-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: |
|---|
| 50 | 51 | | |
|---|
| 51 | 52 | | "(b) Tour aircraft operations. Any other law to the contrary notwithstanding, no tour aircraft operation shall be permitted in any airport under the State's control without having a permit. The director shall adopt rules to regulate tour aircraft operations by permit, which shall include but not be limited to: |
|---|
| 52 | 53 | | |
|---|
| 53 | 54 | | (1) Identification of the types of aircraft to be utilized; |
|---|
| 54 | 55 | | |
|---|
| 55 | 56 | | (2) The number of operations daily for each type of aircraft used and the days and hours of operation; |
|---|
| 56 | 57 | | |
|---|
| 57 | 58 | | (3) Verification that the applicant is in compliance with all state statutes, including but not limited to this section; |
|---|
| 58 | 59 | | |
|---|
| 59 | 60 | | (4) Verification that the applicant has the Federal Aviation Administration certificate 121 or 135; |
|---|
| 60 | 61 | | |
|---|
| 61 | 62 | | (5) A written assessment by the department of the impact to the surrounding area and to the subject state airport; |
|---|
| 62 | 63 | | |
|---|
| 63 | 64 | | (6) Revocation of a permit based on the failure to comply with the information provided by the applicant and the terms and conditions set forth by the department in the permit; and any false statement or misrepresentation made by the applicant; |
|---|
| 64 | 65 | | |
|---|
| 65 | 66 | | (7) Establishment of penalties for revocation and suspension of a permit for failure to comply with permit conditions; |
|---|
| 66 | 67 | | |
|---|
| 67 | 68 | | (8) Verification that the applicant has commercial general liability insurance coverage of not less than $10,000,000 arising from any one accident or other cause that covers but is not limited to: |
|---|
| 68 | 69 | | |
|---|
| 69 | 70 | | (A) Bodily injury and death; and |
|---|
| 70 | 71 | | |
|---|
| 71 | 72 | | (B) Contractual liability; |
|---|
| 72 | 73 | | |
|---|
| 78 | 79 | | |
|---|
| 79 | 80 | | (C) The flight path from takeoff through landing; and |
|---|
| 80 | 81 | | |
|---|
| 81 | 82 | | (D) A disclosure if the aircraft deviated from its intended flight plan; |
|---|
| 82 | 83 | | |
|---|
| 83 | 84 | | [(8)] (10) Annual renewal of permits; and |
|---|
| 84 | 85 | | |
|---|
| 85 | 86 | | [(9)] (11) Any change of operations under the existing permit to be approved by the director. |
|---|
| 86 | 87 | | |
|---|
| 87 | 88 | | No permit shall be authorized unless accompanied by a Hawaii sectional aeronautical chart marked to indicate routes and altitudes to be used in conducting aerial tours and noise abatement procedures to be employed in the vicinity of identified noise sensitive areas. |
|---|
| 88 | 89 | | |
|---|
| 89 | 90 | | For the purposes of this subsection, "tour aircraft operations" means any business operation that offers aircraft for hire by passengers for the purpose of aerial observation of landmarks and other manmade or natural sites within an island of the State and for the purpose of transporting passengers for tourist-related activities." |
|---|
| 90 | 91 | | |
|---|
| 91 | 92 | | SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
|---|
| 92 | 93 | | |
|---|