RELATING TO AIRCRAFT OPERATIONS.

SB2889

THE SENATE

S.B. NO.

2889

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO AIRCRAFT OPERATIONS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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This Act shall
be known as the "Helicopter Tour Safety and Community Protection Act of
2026".

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SECTION 2.
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The legislature finds that commercial helicopter tours over state land
create noise pollution, disturb state wildlife, degrade the quality of life of
state residents, and deaden visitors' experience of the State's natural
beauty.
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Current regulations provide
insufficient protection and relief from the detrimental effects of commercial helicopter
tours.
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The legislature further finds that Grand
Canyon National Park and other jurisdictions have successfully implemented
flight restrictions on commercial helicopter tours that balance tourism with
conservation of natural soundscapes and wildlife.

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Accordingly, the purpose of this Act is to
establish reasonable restrictions on the operation of commercial helicopter
tours over areas of the State designated as environmentally or culturally
sensitive areas so that state soundscapes, wildlife, and communities may be
preserved while promoting legitimate tourism interests.

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SECTION 3.
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The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:

"
Chapter

HELICOPTER
TOUR SAFETY AND COMMUNITY PROTECTION

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� -1
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Definitions.
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As used in this chapter:

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"Commercial helicopter tour"
means a business operation that offers a helicopter 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.

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"Department" means the department
of transportation.

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"Flight-free zone" means an area
where a commercial helicopter tour is prohibited.

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"Sensitive area" means a
geographic area designated by the department as requiring special protection.

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� -2
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Sensitive areas.
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(a)
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Within one hundred and eighty days of enactment, the department shall
designate certain areas of the State as sensitive areas pursuant to criteria
set forth in subsection (b) of this section, including but not limited to:

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(1)
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Na
Pali Coast state wilderness park;

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(2)
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Haleakala
National Park;

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(3)
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Hawaii
Volcanoes National Park;

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(4)
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Waimea
canyon;

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(5)
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Kaaawa
valley; and

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(6)
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North
shore residential areas.

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(b)
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The department shall use the following criteria when choosing to designate
a sensitive area:

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(1)
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Documented
noise complaints from residents of or near the area under consideration;

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(2)
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Value
of the natural soundscape;

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(3)
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Cultural
significance to the Native Hawaiian community;

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(4)
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Presence
of one or more endangered species;

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(5)
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Wildlife
disturbance reports; and

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(6)
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Visitor
experience survey data.

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(c)
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The designation by the department of a sensitive area, including those
found in paragraphs (a)(1) through (a)(6), shall occur only pursuant a public
process that includes but is not limited to:

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(1)
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A
sixty-day period for public comment and a public notice that explicitly states
the start and end dates of the public comment period;

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(2)
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At
least one public hearing during the sixty-day period to be held on the island
that contains the area under consideration for sensitive area designation;

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(3)
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Consultation
with communities within or near the area under consideration for sensitive area
designation;

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(4)
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Input
from Native Hawaiian organizations;

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(5)
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An
environmental impact assessment; and

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(6)
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A
final public statement, to include responses to all public comments submitted
during the public comment period, regarding the decision to designate or not
designate the area under consideration as a sensitive area.

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(d)
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The department shall review and update sensitive area designations every
five years.

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Restrictions on commercial helicopter
tours.
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(a)
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A commercial helicopter tour permitted to
operate in a sensitive area shall:

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(1)
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Maintain:

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(A)
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A minimum of one thousand five hundred feet
above ground level over wilderness and natural areas;

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(B)
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A minimum of two thousand feet above ground
level over residential areas; and

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(C)
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Higher altitudes where the department has
judged it necessary to protect wildlife or reduce noise impact;

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(2)
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Follow
only routes that are approved by the department, that shall:

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(A)
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Minimize
overflight of residential areas;

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(B)
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Avoid
the critical habitat of wildlife during sensitive periods, such as nesting or
breeding times;

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(C)
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Distribute
air traffic between commercial helicopter tour operators to prevent
concentration over a portion of the sensitive area; and

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(D)
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Provide
adequate separation between tours; and

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(3)
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Not
operate:

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(A)
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Between
5:00 p.m. and 8:00 a.m.;

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(B)
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On
Sundays or state holidays; and

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(C)
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During
cultural events or ceremonies held in the same sensitive area in which the
commercial helicopter tour is to operate.

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(b)
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The
department shall establish caps on:

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(1)
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The
total number of permits issued to businesses offering commercial helicopter
tours over any sensitive area;

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(2)
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The
daily number of commercial helicopter tours over each sensitive area; and

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(3)
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The
number of businesses offering commercial helicopter tours allowed to operate
per sensitive area.

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(c)
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The department may establish a flight-free zone within any sensitive
area where relief from the impact of commercial helicopter tours is sought for
any or all of the following:

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(1)
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Cultural
resources;

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(2)
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Endangered
species;

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(3)
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Residential
communities; and

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(4)
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The
natural soundscape.

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(d)
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The
restrictions in this section do not apply to:

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(1)
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Emergency
medical services;

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(2)
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Search
and rescue operations;

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(3)
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Military
operations;

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(4)
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Law
enforcement operations;

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(5)
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Firefighting
operations; and

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(6)
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Scientific
research with special permits.

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� -4
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Permit requirements and enforcement.
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(a)
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No
business shall operate a commercial helicopter tour over a sensitive area
without a permit from the department.

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(b)
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The
department shall require all applications for a permit for operating a
commercial helicopter tour over a sensitive area to include the following:

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(1)
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Proposed
routes and altitude profiles;

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(2)
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Expected
flight frequency and schedules;

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(3)
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Aircraft
type and noise characteristics;

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(4)
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Safety
and training procedures;

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(5)
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Environmental
mitigation measures;

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(6)
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Community
outreach plans; and

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(7)
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Any
prior history of permit suspension or revocation.
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(c)
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The department may impose further conditions on the issuance of a permit
for operating a commercial helicopter tour over a sensitive area including:

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(1)
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The
required use of quieter helicopter models;

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(2)
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Mandatory
training on the awareness of sensitive areas for pilots of commercial
helicopter tours;

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(3)
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Seasonal
restrictions for wildlife protection;

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(4)
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Submission
of real-time flight tracking data; and

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(5)
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Noise
monitoring requirements.

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(d)
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Any
person who violates this chapter or any rule adopted by the department pursuant
to this chapter shall be fined not more than $10,000 for each separate offense.

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Each day of violation shall constitute a
separate offense.
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Any action taken to
impose or collect the penalty provided for in this subsection shall be
considered a civil action.
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The
department may suspend or revoke any permit issued under this section for
repeated violations of the rules of this chapter or for a single violation of the
prohibition on commercial helicopter tours in a flight-free zone.

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Monitoring; reporting.
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(a)
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The department shall track each commercial helicopter tour conducted in
a sensitive area in real time, including through the use of global positioning
data, and shall conduct noise monitoring of each sensitive area.

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(b)
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The department shall establish a dedicated United States phone number
for use by residents and community members to submit anonymous complaints of
suspected violations of this chapter.
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Any complaint submitted in this manner shall be investigated by the
department within forty-eight hours.
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(c)
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The department shall submit an annual report that includes but is not
limited to:

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(1)
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The
current list of designated sensitive areas, including flight-free zones, and
public comments surrounding each designation;

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(2)
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The
number of permits issued to operate commercial helicopter tours over a
sensitive area;

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(3)
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The
number of daily commercial helicopter tours and the number of businesses
offering commercial helicopter tours per sensitive area for each sensitive
area;

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(4)
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The
number of violations, civil penalties awarded; and permit suspensions or
revocations;

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(5)
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The
number, nature, and resolution of anonymous complaints submitted using the
hotline established pursuant to subsection (b) of this section;

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(6)
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Any
proposed changes to the list of designated sensitive areas; and

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(7)
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Any
recommendations for policy change, including proposed legislation, concerning
commercial helicopter tours over sensitive areas;

to the
legislature no later than twenty days prior to the convening of each regular
session."

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SECTION 4.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 5.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOT; Commercial
Helicopter Tour; Sensitive Area; Restriction; Permits; Public Process; Civil Penalty;
Report

Description:

Restricts
commercial helicopter tour operations over sensitive areas designated by the
Department of Transportation through public process.
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Requires the Department of Transportation to
enforce restrictions through a permit process, flight tracking, noise
monitoring, complaint investigation, and the issuance of a civil penalty for
each violation.
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Requires an annual
report to the Legislature by the Department of Transportation.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.