THE SENATE

S.B. NO.

2303

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AERONAUTICS.

 

 

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

 


SECTION 1. Section 261-17, Hawaii Revised Statutes, is amended to read as follows:

"261-17 Enforcement of laws. (a) The director of transportation, officers, and employees of the department of transportation, and every state and county officer charged with the enforcement of state laws and ordinances, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto and of all other laws of the State; and in that connection each of the persons may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules and orders issued pursuant thereto, and all other laws of the State, the powers of police officers are conferred upon the director, and [such of the] officers, employees, agents, and representatives of the department as may be designated by the director to exercise such powers, including the power to serve and execute warrants and arrest offenders, and the power to serve notices and orders[.]; provided that in conferring police powers upon designated employees, agents, and representatives of the department, the director shall provide written notice in advance of the effective date of the designation to the president of the senate, speaker of the house of representatives, and attorney general; provided further that the notice shall include a summary of the plan to be implemented in connection with the designation.

For the purposes of this subsection the term "agents and representatives" includes persons performing services at airports under contract with the department.

(b) No person shall provide or be hired to provide armed security services at airports within the State without first submitting [statements] each of the following:

(1) Statements signed under penalty of false swearing by the person indicating whether the person has ever been convicted of a crime which, by law, would preclude the person from carrying or using a firearm in the course of the person's employment, including a felony conviction in the State or elsewhere, and providing consent to the department to have a criminal history record check conducted by the Federal Bureau of Investigation to obtain criminal history record information[. The person shall also be fingerprinted];

(2) Fingerprints for the purpose of a Federal Bureau of Investigation criminal history record check. The Hawaii criminal justice data center may also assess the existing providers of armed security services at airports within the State, or their employees or applicants for employment, or any applicant for employment to provide armed security services at airports within the State, a reasonable fee for each criminal history record check performed by the Federal Bureau of Investigation[.]; and

(3) Proof of proper education, experience, training, and credentials as determined by the sheriff division of the department of public safety.

(c) The director shall report annually to the legislature, no later than January 10 of each calendar year, stating the number of individuals conferred police powers in the immediate preceding calendar year, the location where these individuals work, and the number of individuals having police powers who continue to work in that capacity at the end of that calendar year.

[(c)] (d) The department may, in the name of the State, enforce this chapter and the rules and orders issued pursuant thereto by injunction or other legal process in the courts of the State."

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.

 

INTRODUCED BY:

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Report Title:

Transportation; Aeronautics; Police Powers; Airport Security

 

Description:

Requires the director of transportation to provide ninety days written notice to the legislature and attorney general prior to conferring police powers upon designated employees, agents, representatives of the department, and private contractors. Requires persons providing or hired to provide armed security services at airports to provide proof of proper education, experience, training, and credentials as determined by the sheriff division prior to hiring. Requires the director to report annually to the legislature, no later than January 10 of each calendar year, stating the number of individuals conferred police powers in the immediate preceding calendar year, the location where these individuals work, and the number of individuals having police powers who continue to work in that capacity at the end of that calendar year.

 

 

 

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