STAND. COM. REP. NO. 1095

Honolulu, Hawaii

RE: S.B. No. 1404

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 1404, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AERONAUTICS,"

beg leave to report as follows:

The purpose and intent of this measure is to authorize the Department of Transportation Airports Division to:

(1) Demand and collect reimbursement from any airport contractor, tenant, or user for the entire amount of fines and penalties levied for the violation of federal, state, or county laws related to environmental protection or the United States Department of Homeland Security; and

(2) Enter into a capital advancement contract with a private party for public improvement or construction projects at State airports under certain circumstances.

Your Committees received testimony in support of this measure from the Department of Transportation.

Your Committees find that in the past three years, the Department of Transportation was fined by the United States Transportation Security Administration approximately $150,000 for violations caused by tenants and contractors at State airports. Therefore, providing the Department with the statutory authority to demand and collect reimbursements from violators will help streamline the general recourse process and ensure that funds ceded as fines are reclaimed for the betterment of the airports.

Your Committees also find that the need for airport improvements can arise unexpectedly and that oftentimes, these projects require a quick response that is not typically available through public financing methods. Therefore, allowing the Department to enter into certain capital advancement contracts with private parties will allow for the timely completion of necessary airport improvements, as they arise, to the benefit of the traveling public.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1404, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair