HOUSE OF REPRESENTATIVES

H.B. NO.

2333

THIRTY-THIRD LEGISLATURE, 2026

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

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

 

     SECTION 1.  The legislature finds that in fiscal year 2023-2024, Hawaii's statewide airport system accommodated over 38,300,000 passengers.  With thousands of aircraft operations each month, the department of transportation's airports division ensures that Hawaii remains connected, resilient, and ready to meet the demands of residents, visitors, and businesses alike.  The mission of the department of transportation is to develop and maintain a safe and efficient global air transportation system.

     As a federally obligated recipient of airport grants, the department of transportation must ensure compliance with several grant assurances, including Grant Assurance No. 19, Operations and Maintenance, which states in part, "The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation.  It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes."

     The purpose of this Act is to:

     (1)  Allow the establishment of airport special districts within airports statewide to ensure the appropriate use and safe and serviceable conditions of all airport facilities, including the safety of the traveling public and airport employees; and

     (2)  Raise the penalty for violations of certain aeronautics laws from a civil fine to a criminal penalty of a petty misdemeanor.

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

     "§261-     Airport special districts.  (a)  The department may establish and maintain airport special districts within airports statewide to clearly define airport boundaries.

     (b)  It shall be unlawful for any person within an airport special district to violate any section of this chapter, or any of the rules or orders issued pursuant thereto and duly adopted or served.

     (c)  Violators of this section shall be subject to immediate removal from the airport special district, fines, and other penalties as provided under this chapter.

     (d)  The department shall collaborate with the appropriate law enforcement agencies to enforce this section and may adopt rules pursuant to chapter 91, including but not limited to providing for the placement of clear and conspicuous signage at all entry points to the airport special district.

     (e)  For the purposes of this section, "airport special districts" includes any area of land or water that is used, or intended for use, for the landing and takeoff of aircraft and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon, with the boundaries of each airport special district identified in airport layout plans submitted to and approved by the Federal Aviation Administration."

     SECTION 3.  Section 261-21, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  Except as provided in subsection (c), [any] a person violating any section of this chapter, or any of the rules or orders issued pursuant thereto and duly adopted or served, for which no penalty is specifically prescribed, shall be guilty of a [violation subject to the following penalties:] petty misdemeanor; provided that:

     (1)  When safety measures or Federal Aviation Administration acceptable hangar use practices are violated, the person shall be subject to a fine [not to exceed] of no more than $500; or

     (2)  When the licensing and regulation of persons engaged in commercial activities at public airports is involved, the person shall be subject to a fine [not to exceed] of no more than $500.

     (b)  Except as provided in subsection (c), any person violating any rule relating to motor vehicles and traffic control or the operation of any equipment or motor vehicle in or on the operational area of the airport shall be guilty of an offense as defined under the Penal Code and be fined [not] no more than $500."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 3000.

 

 

Report Title:

DOT; Airport; Airport Special Districts; Penalties

 

Description:

Authorizes the Department of Transportation to designate airport special districts within airports statewide.  Increases penalties for certain aeronautics law violations by reclassifying them from civil violations to petty misdemeanors.  Effective 7/1/3000.  (HD2)

 

 

 

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