HOUSE OF REPRESENTATIVES H.B. NO. 1201 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII S.D. 1 A BILL FOR AN ACT RELATING TO NOISE POLLUTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
HOUSE OF REPRESENTATIVES H.B. NO. 1201
THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
STATE OF HAWAII S.D. 1
HOUSE OF REPRESENTATIVES
H.B. NO.
1201
THIRTY-SECOND LEGISLATURE, 2023
H.D. 1
STATE OF HAWAII
S.D. 1
A BILL FOR AN ACT
RELATING TO NOISE POLLUTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 the Federal Aviation Act and existing federal laws shall have a 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. (b) This section shall not apply to any helicopter: (1) Owned or operated by a government agency or organization; or (2) Used to supply emergency services such as emergency aeromedical services or search and rescue services." 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, 2050.
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 the Federal Aviation Act and existing federal laws shall have a 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.
(b) This section shall not apply to any helicopter:
(1) Owned or operated by a government agency or organization; or
(2) Used to supply emergency services such as emergency aeromedical services or search and rescue services."
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, 2050.
Report Title: Helicopters; Noise Pollution; Public Nuisance; Federal Aviation Act; Private Right of Action Description: Establishes a private right of action for any person aggrieved by a violation of the Federal Aviation Act and existing federal laws to bring a civil action against the owner or operator of the helicopter in violation and collect damages and litigation costs. Effective 6/30/2050. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Helicopters; Noise Pollution; Public Nuisance; Federal Aviation Act; Private Right of Action
Description:
Establishes a private right of action for any person aggrieved by a violation of the Federal Aviation Act and existing federal laws to bring a civil action against the owner or operator of the helicopter in violation and collect damages and litigation costs. Effective 6/30/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.