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SB3153
THE SENATE
S.B. NO.
3153
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that in fiscal year 2023-2024, Hawaii's statewide airport
system accommodated over 38.3 million passengers.
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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.
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The
mission of the department of transportation is to develop and maintain a safe
and efficient global air transportation system.
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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.
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It will not cause or permit any activity or action thereon which would
interfere with its use for airport purposes."
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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.
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SECTION 2.
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Chapter 261, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
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�261-
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Airport
special district.
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(a)
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The department may establish and maintain airport
special district zones within airports statewide.
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An "airport special district"
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.
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(b)
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It shall be unlawful for any person to enter or remain within an airport
special district zone.
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Unlawful entry includes,
but is not limited to, entry by individuals:
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(1)
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Carrying
weapons, explosives, or other harmful devices, unless on an authorized law
enforcement personnel;
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(2)
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Engaging
in activities that disrupt airport operations; or
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(3)
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Failing
to comply with posted signage or verbal instructions from law enforcement or
airport personnel.
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(c
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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.
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(d)
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Violators of this section shall be subject to immediate removal from
the airport special district, fines, and other penalties as provided under this
chapter.
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(e)
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The department shall collaborate with the appropriate law enforcement
agencies to enforce this section and may adopt rules
pursuant to chapter 91
to:
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(1)
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Define
the boundaries of an airport special district zone;
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(2)
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Specify
authorized personnel and activities within the airport special district zones;
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(3)
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Establish
procedures for issuing warnings or citations to violators; and
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(4)
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Provide
for the placement of clear and conspicuous signage at all entry points to the
airport special district zones.
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(f)
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This section shall not apply to:
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(1)
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Active
airport users, broadly defined by Federal
Aviation
Administration, include
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airline passengers, airport
employees, concessionaires, ground transportation providers, vendors and
contractors, or prior authorization or permits issued by the department or
other appropriate authorities;
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(2)
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Emergency
responders and law enforcement acting within the scope of their duties; or
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(3)
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Other
individuals exempted by rules adopted
under this section.
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SECTION 3.
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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.
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SECTION 4.
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New statutory material is underscored.
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SECTION 5.
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This Act, upon its approval, shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
DOT; Airport; Airport Special District
Description:
Authorizes the Department of Transportation to designate
airport special district zones within airports statewide.
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Adds a new HRS section to help prevent
unauthorized access and enhance security.
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Effective 07/01/26.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.