Allows the Director of Transportation to adopt rules to require users or occupiers of airport land, buildings, or facilities for business or commercial purposes to defend, indemnify, and hold harmless the State against all claims, suits, and demands arising out of or resulting from the use or occupation. Also allows the Director to adopt rules relating to the designation of airport operational areas. (HB1168 HD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO AIRPORTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 261-12, Hawaii Revised Statutes, is amended to read as follows:
Rules, standards. (a) [
Powers to adopt.]
The director of transportation may perform such acts, issue and amend such
orders, adopt such reasonable general or special rules and procedures, and
establish such minimum standards, consistent with this chapter, as the director
deems necessary to carry out this chapter and to perform the duties assigned
thereunder, all commensurate with and for the purpose of protecting and
insuring the general public interest and safety, the safety of persons operating,
using, or traveling in aircraft, and the safety of persons and property on land
or water, and developing and promoting aeronautics in the State. No rule of
the director shall apply to airports or air navigation facilities owned or
operated by the United States.
In furtherance of the duties assigned under this chapter, the director may adopt rules relating to:
(1) Safety measures, requirements, and practices in or about the airport premises;
(2) The licensing and regulation of persons engaged in commercial activities in or about the airport premises;
(3) The regulation of equipment and motor vehicles operated in or about the airport operational area;
(4) Airport security measures or requirements, and
designation of sterile passenger holding areas[
;] and operational
(5) The regulation of motor vehicles and traffic; and
(6) Any other matter relating to the health, safety, and welfare of the general public and persons operating, using, or traveling in aircraft.
(b) The director of transportation may adopt, amend, and repeal such rules as are necessary to require any person who uses or occupies airport land, buildings, and facilities for business or commercial purposes, to defend, indemnify, and hold harmless, the State and any of its agencies, officers, and employees from and against all liability, loss, damage, cost, and expense, including attorneys fees, and all claims, suits, and demands therefor, arising out of or resulting from the use or occupation.
(b) [Tour aircraft
operations.]](c) 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
(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) Annual renewal of permits; and
(9) 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 [
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.
(c) Definitions.](d) For the purpose of this section, if
not inconsistent with the context:
"Sterile passenger holding area" means any portion of a public airport designated by the director and identified by appropriate signs as an area into which access is conditioned upon the prior inspection of persons and property in accordance with the approved Federal Aviation Administration air carrier screening program.
"Operational area" means any portion
of a public airport, from which access by the public is prohibited by fences or
appropriate signs, and [
which] that is not leased or demised to
anyone for exclusive use and includes runways, taxiways, all ramps, cargo ramps
and apron areas, aircraft parking and storage areas, fuel storage areas,
maintenance areas, and any other area of a public airport used or intended to
be used for landing, takeoff or surface maneuvering of aircraft or used for
embarkation or debarkation of passengers.
Notwithstanding the restriction on access by the public into operational areas, entry may be authorized for airport operational area related purposes with the prior permission of the director or the director's duly authorized representative.
(d) Conformity to federal legislation and rules.](e) No rules, orders, or standards
prescribed by the director shall be inconsistent with, or contrary to, any act
of the Congress of the United States or any regulation promulgated or standard
established pursuant thereto.
(e) How made.](f) All rules having the force and effect
of law[ ,] shall be adopted by the
director pursuant to chapter 91.
The director shall provide for the publication and general distribution of all
of its rules and procedures having general effect."
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.