THE SENATE	S.B. NO.	2778
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Airport security.

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

     SECTION 1.  The legislature finds that law enforcement and security are critically important considerations at Hawaii's airports.  However, the legislature further finds that only Honolulu International Airport has deputy sheriffs on duty, while other state airports rely on private security companies.

     The legislature notes that the department of transportation is currently authorized to hire private security personnel to provide security services at the State's airports.  These privately contracted individuals are considered active law enforcement officers while on duty at the airport, with the same powers as state and county law enforcement officers.

     The legislature additionally finds that to ensure the safety of visitors and residents of Hawaii who use Hawaii's airports, airport security within the State should only be provided by properly trained state law enforcement officers.

     Accordingly, the purpose of this Act is to:

     (1)  Prohibit the department of transportation from using private contracted agents and representatives to provide law enforcement and armed security services at the State's airports; and

     (2)  Require the sheriff division of the department of public safety to provide law enforcement and armed security services at all state airports.

     SECTION 2.  Section 261-17, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

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

     (b)  The sheriff division of the department of public safety shall provide law enforcement and armed security services at all airports within the State.  No person shall be employed by the department of public safety to provide [or be hired to provide] law enforcement and armed security services at airports within the State without first submitting 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 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.]"

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Airports; Department of Transportation; Department of Public Safety; Sheriffs Division; Law Enforcement; Armed Security Services

Description:

Prohibits the department of transportation from using private contracted agents and representatives to provide law enforcement and armed security services at the State's airports.  Requires the sheriff division of the department of public safety to provide law enforcement and armed security services at all state airports.

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