STAND. COM. REP. NO. 2438

Honolulu, Hawaii

RE: S.B. No. 2619

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Transportation and Energy and Judiciary, to which was referred S.B. No. 2619 entitled:

"A BILL FOR AN ACT RELATING TO AERONAUTICS,"

beg leave to report as follows:

The purpose and intent of this measure is to replace the criminal penalties for certain airport offenses with civil penalties.

Your Committees received testimony in support of this measure from the Department of Transportation, General Aviation Council of Hawaii, and four individuals. Your Committees received comments on this measure from the Aircraft Owners and Pilots Association and one individual.

Your Committees find that the punishment for certain airport offenses are excessive and disproportionate compared to the seriousness of the offense. Infractions that would otherwise be considered no more severe than a civil violation if it occurred at any location in the State other than an airport are charged as full criminal misdemeanor offenses because the infraction occurred at an airport. The criminal misdemeanor offense could mean the loss of security clearance or a professional license, sometimes for life. Your Committees received testimony noting that Hawaii is the only state that issues citations for hangar infractions that result in a permanent criminal record.

While there was broad support for the intent of this measure, your Committees heard concerns from the Aircraft Owners and Pilots Association regarding the need to remove all criminal penalties from this measure and to narrow the types of violations subject to a civil penalty.

Accordingly, your Committees have amended this measure by:

(1) Inserting language to specify that violating Federal Aviation Administration acceptable hangar use practices constitutes a violation subject to a civil penalty;

(2) Removing language making violations related to airport security measures or requirements a misdemeanor;

(3) Removing the power of the Governor to modify the provisions of this measure, as prescribed in section 3; and

(4) Inserting an effective date of July 1, 2050, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Transportation and Energy and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2619, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2619, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Transportation and Energy and Judiciary,

________________________________ BRIAN T. TANIGUCHI, Chair

________________________________ LORRAINE R. INOUYE, Chair