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| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 1201 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 1201 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO NOISE POLLUTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 1201 | |
| 4 | 4 | THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 | |
| 5 | - | STATE OF HAWAII | |
| 5 | + | STATE OF HAWAII | |
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| 7 | 7 | HOUSE OF REPRESENTATIVES | |
| 8 | 8 | ||
| 9 | 9 | H.B. NO. | |
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| 11 | 11 | 1201 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2023 | |
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| 15 | 15 | H.D. 1 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | RELATING TO NOISE POLLUTION. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§342F- Helicopters; public nuisance; noise pollution; private right of action. (a) Any person who is aggrieved by a violation of | |
| 47 | + | SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§342F- Helicopters; public nuisance; noise pollution; private right of action. (a) Any helicopter that generates a sound level of more than decibels for bass sound, measured using the dBC weighting system, from a complainant's site at ground level, shall constitute a public nuisance and a source of noise pollution in violation of this chapter. (b) The department may accept decibel readings gathered by complainants as evidence of a violation of this chapter. (c) Any owner or operator of a helicopter in violation of this section shall be subject to a fine of no less than $5,000 for the first offense and $10,000 for each subsequent offense. (d) Any person who is aggrieved by a violation of this section shall have a private right of action and may bring a civil action against the owner or operator of the helicopter in the district court of the district in which the violation occurred to enjoin further violations and to recover three times the person's actual damages, or $1,000, for each violation, whichever sum is greater. A person bringing an action pursuant to this subsection shall also be entitled to recover the costs of the suit, including reasonable attorney's fees. (e) This section shall not apply to violations of this section: (1) By any helicopter: (A) Owned or operated by a government agency or organization; or (B) Used to supply emergency services such as emergency aeromedical services or search and rescue services; or (2) That occur within a mile radius of an airport." 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 on June 30, 3000. | |
| 48 | 48 | ||
| 49 | 49 | SECTION 1. Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: | |
| 50 | 50 | ||
| 51 | - | "§342F- Helicopters; public nuisance; noise pollution; private right of action. (a) Any | |
| 51 | + | "§342F- Helicopters; public nuisance; noise pollution; private right of action. (a) Any helicopter that generates a sound level of more than decibels for bass sound, measured using the dBC weighting system, from a complainant's site at ground level, shall constitute a public nuisance and a source of noise pollution in violation of this chapter. | |
| 52 | 52 | ||
| 53 | - | (b) This | |
| 53 | + | (b) The department may accept decibel readings gathered by complainants as evidence of a violation of this chapter. | |
| 54 | 54 | ||
| 55 | - | ( | |
| 55 | + | (c) Any owner or operator of a helicopter in violation of this section shall be subject to a fine of no less than $5,000 for the first offense and $10,000 for each subsequent offense. | |
| 56 | 56 | ||
| 57 | - | (2) Used to supply emergency services such as emergency aeromedical services or search and rescue services." | |
| 57 | + | (d) Any person who is aggrieved by a violation of this section shall have a private right of action and may bring a civil action against the owner or operator of the helicopter in the district court of the district in which the violation occurred to enjoin further violations and to recover three times the person's actual damages, or $1,000, for each violation, whichever sum is greater. A person bringing an action pursuant to this subsection shall also be entitled to recover the costs of the suit, including reasonable attorney's fees. | |
| 58 | + | ||
| 59 | + | (e) This section shall not apply to violations of this section: | |
| 60 | + | ||
| 61 | + | (1) By any helicopter: | |
| 62 | + | ||
| 63 | + | (A) Owned or operated by a government agency or organization; or | |
| 64 | + | ||
| 65 | + | (B) Used to supply emergency services such as emergency aeromedical services or search and rescue services; or | |
| 66 | + | ||
| 67 | + | (2) That occur within a mile radius of an airport." | |
| 58 | 68 | ||
| 59 | 69 | 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. | |
| 60 | 70 | ||
| 61 | 71 | SECTION 3. New statutory material is underscored. | |
| 62 | 72 | ||
| 63 | - | SECTION 4. This Act shall take effect on June 30, | |
| 73 | + | SECTION 4. This Act shall take effect on June 30, 3000. | |
| 64 | 74 | ||
| 65 | - | Report Title: Helicopters; Noise Pollution; Public Nuisance; | |
| 75 | + | Report Title: Helicopters; Noise Pollution; Public Nuisance; Fines; Private Right of Action Description: Establishes noise generated by helicopters in excess of a certain decibel level as a public nuisance and a source of noise pollution in violation of the State's noise pollution law. Establishes fines and a private right of action for individuals to sue helicopter owners and operators for creating a public nuisance. Effective 6/30/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 66 | 76 | ||
| 67 | 77 | ||
| 68 | 78 | ||
| 69 | 79 | ||
| 70 | 80 | ||
| 71 | 81 | Report Title: | |
| 72 | 82 | ||
| 73 | - | Helicopters; Noise Pollution; Public Nuisance; | |
| 83 | + | Helicopters; Noise Pollution; Public Nuisance; Fines; Private Right of Action | |
| 74 | 84 | ||
| 75 | 85 | ||
| 76 | 86 | ||
| 77 | 87 | Description: | |
| 78 | 88 | ||
| 79 | - | Establishes a private right of action for | |
| 89 | + | Establishes noise generated by helicopters in excess of a certain decibel level as a public nuisance and a source of noise pollution in violation of the State's noise pollution law. Establishes fines and a private right of action for individuals to sue helicopter owners and operators for creating a public nuisance. Effective 6/30/3000. (HD1) | |
| 80 | 90 | ||
| 81 | 91 | ||
| 82 | 92 | ||
| 83 | 93 | ||
| 84 | 94 | ||
| 85 | 95 | ||
| 86 | 96 | ||
| 87 | 97 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |