Mandates that private security screening companies, in order to ensure the protection of Hawaii's residents, infrastructure and tourists, are owned, controlled and operated by U.S. citizens.

A BILL FOR AN ACT

SECTION 1. The State relies heavily on the tourist industry to support economic growth. The safety and security of tourists and residents are essential for the sustained and healthy development of the State.

The terrorist attack of September 11, 2001 on the World Trade Center and the Pentagon necessitates heightened security of U.S. borders, airports, and harbors which are vulnerable access points for terrorists. The state department of transportation is responsible for the safety of all travelers throughout the State. Domestic screening companies at vital facilities are crucial to ensure the safety of domestic and international travelers in order to avoid terrorist infiltration.

The Aviation & Transportation Security Act (PL 107-71) states that the Under Secretary may enter into a contract with a private screening company to provide screening at an airport only if the company is owned and controlled by a citizen of the United States, provided that there are such citizens. In order to protect our national security, the hiring of domestic security screening companies will help prevent an infiltration of terrorists into our security plans and facilities. Despite this law, in October 2004, the State contracted with a foreign-owned security company to provide armed security at all of Hawaii's airports. State law should comply with federal law, requiring the director of transportation to contract only with private security screening companies that are owned, controlled and operated by U.S. citizens. This would help to better protect Hawaii's residents, infrastructure, and tourist industry.

The purpose of this Act is to ensure that state law is in compliance with federal law by requiring private security screening companies hired by the State to be wholly owned, controlled, and operated by U.S. citizens.

SECTION 2. Chapter 261, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§261-   Private security screening companies. If not in conflict with federal law, the director of transportation may enter into a contract with a private security screening company to provide security and screening for airports and harbors; provided that the director determines that the private screening company is wholly owned, controlled, and operated by a citizen of the United States; and further provided that there are private security screening companies are owned, controlled, and operated by such citizens."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.