SB3153 SD1

THE SENATE	S.B. NO.	3153
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
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 38.3 million passengers. With thousands of aircraft operations each month, the department of transportation's airports division ensures that the State 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.

The legislature further finds that as a federally obligated recipient of airport grants, the department of transportation must ensure compliance with several grant assurances, including Grant Assurance #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 and 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 allow the establishment of airport special district zones within airports statewide to ensure the appropriate use and safe and serviceable conditions of all airport facilities, including the safety of traveling public and airport employees.

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 district. (a) The department may establish and maintain airport special district zones within airports statewide.

(b) It shall be unlawful for any person to enter or remain within an airport special district zone. Unlawful entry includes, but is not limited to, entry by individuals:

(1) Carrying weapons, explosives, or other harmful devices, unless on an authorized law enforcement personnel;

(2) Engaging in activities that disrupt airport operations; or

(3) Failing to comply with posted signage or verbal instructions from law enforcement or airport personnel.

(c) No person shall sit, sleep, lie, or store, use, maintain, or place personal property, or otherwise obstruct within the airport special district public right-of-way.

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

(e) The department shall collaborate with the appropriate law enforcement agencies to enforce this section and may adopt rules pursuant to chapter 91 to:

(1) Define the boundaries of an airport special district zone;

(2) Specify authorized personnel and activities within the airport special district zones;

(3) Establish procedures for issuing warnings or citations to violators; and

(4) Provide for the placement of clear and conspicuous signage at all entry points to the airport special district zones.

(f) This section shall not apply to:

(1) Active airport users broadly defined by Federal Aviation Administration, including airline passengers, airport employees, concessionaires, ground transportation providers, vendors and contractors, or prior authorization or permits issued by the department or other appropriate authorities;

(2) Emergency responders and law enforcement acting within the scope of their duties; or

(3) Other individuals exempted by rules adopted under this section.

(g) For the purposes of this section, "airport special district" means 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."

SECTION 3. 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 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2026.