SB471: relative to the administration and operation of Manchester Airport.

SB 471-FN-LOCAL - AS INTRODUCED

2004 SESSION

04-3185

09/01

SENATE BILL 471-FN-LOCAL

AN ACT relative to the administration and operation of Manchester Airport.

SPONSORS: Sen. Martel, Dist 18; Sen. Gatsas, Dist 16; Sen. D'Allesandro, Dist 20

COMMITTEE: Judiciary

ANALYSIS

This bill:

I. Authorizes Manchester Airport to establish an airport law enforcement department.

II. Authorizes Manchester Airport to issue certain certificates of occupancy for aeronautical facilities within the Airport district.

III. Allows Manchester Airport to tow and impound abandoned vehicles.

IV. Makes it a state criminal offense to possess or carry weapons through airport security checkpoints.

V. Requires disclosure of the proximity of the Manchester Airport to parties involved in real estate transactions regarding property located within 10 miles of the airport.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3185

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the administration and operation of Manchester Airport.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Airport Law Enforcement Department Authorized.

I. Manchester Airport shall have the authority to organize an Airport law enforcement department for the purpose of patrolling all structures, roads and grounds as defined in the approved Airport district. The Airport law enforcement department shall be under the immediate control of, and responsible to, Airport Administration.

II. All officers within the Airport law enforcement department shall meet the requirements of the Transportation Security Administration (TSA) under TSAR Part 1540.5, Part 1542.215 and Part 1542.217. All officers shall have completed a program of police training, as established by the police standards and training council pursuant to RSA 188-F and as appropriate to such officers' exercise of limited police powers. Officers shall possess general police powers, including the power of arrest, but such powers shall extend only to the structures, roads and grounds as defined in the approved Airport district and only to the period during which such members are on active duty. The only instance where the authority of members of the Airport law enforcement department shall extend beyond the structures, roads and grounds as defined in the approved Airport district is during fresh pursuit of a fleeing person who has committed a crime or violation while within the approved Airport district.

2 Issuance of Certificates of Occupancy.

I. Manchester Airport shall have the authority to issue certificates of occupancy (CO) for all aeronautical facilities within the approved Airport district as defined under the Intermunicipal Agreement between the City of Manchester and the Town of Londonderry dated March 3, 1981 and March 9, 1992, and as amended on June 16, 2003. This authority is commensurate with the roles and responsibilities as identified and defined within the Intermunicipal Agreement.

II. The construction of aeronautical facilities within the Airport district as defined under the Intermunicipal Agreement shall meet or exceed the construction standards referred to in RSA 155-A:1 and any applicable federal standards which may apply as determined by Manchester Airport or the Federal Aviation Administration.

3 Towing and Impounding Abandoned Vehicles.

I. Notwithstanding the provisions of RSA 262 or any other provision of law, Manchester Airport shall be authorized to tow, impound, and dispose of abandoned vehicles from parking lots, parking garages and roadways within the approved Airport district.

II. Abandoned vehicles towed and impounded shall be stored at a secure location until such time as they are claimed by an authorized person or disposed of in accordance with RSA 262:31 - RSA 262:40-c.

4 New Subdivision; Prohibition on Carrying Weapons Through Airport Security Checkpoints. Amend RSA 159 by inserting after section 26 the following new subdivision:

Airport Security Screening Checkpoints; Weapons Prohibited.

159:27 Definitions. In this subdivision:

I. "Ammunition" means any cartridge, shell, or other device designed to be propelled from a firearm.

II. "Dangerous weapon" means any item that by its design, or by the intent of the individual having possession of it, is intended to cause death or bodily injury.

III. "Explosive" means any substance, material or article, including a device that is designed to function by explosion or which, by chemical reaction within itself, is able to function in a similar manner even if not designed to function as an explosion.

IV. "Firearm" means any weapon that is designed to or may readily be converted to expel a projectile by the action of an explosive or propellant.

V. "Hoax device" means any item that appears to a reasonable person to be a knife, firearm, ammunition, explosive, or dangerous weapon.

VI. "Knife" means any blade or instrument that by its intended design, or by the intent of the individual having possession of it, is capable of being used to cause death or serious bodily injury and is:

(a) Able to fix a sharpened edge into locked position;

(b) Capable of propelling a sharpened edge;

(c) An instrument with sharpened edges on both sides; or

(d) Able to release a sharpened edge by action of a spring.

159:28 Airport Security Screening Checkpoints; Weapons Prohibited. Except as provided in RSA 159:29, no person shall possess or carry, or attempt to possess or carry, a knife, firearm, ammunition, explosive, other dangerous weapon, or hoax device through a security screening checkpoint at an airport.

159:29 Exemptions. Notwithstanding any other provision of law, no license or permit to carry or possess a weapon or other item defined in RSA 159:27 shall authorize any person to possess or carry, or attempt to possess or carry, such item through a security screening checkpoint at an airport, except for the following persons:

I. A law enforcement officer of a duly authorized police agency of this state, a political subdivision of this state, another state, a political subdivision of another state, the United States, or any territory of the United States while complying with federal laws and regulations for carrying a weapon or other prohibited item defined in RSA 159:27 in connection with assigned duties at an airport.

II. A member of the United States armed services, including the National Guard and armed services reserves, or other duly authorized military organization, while possessing or carrying a weapon or other prohibited item defined in RSA 159:27 in the line of duty.

III. A security guard employed by an airport and duly authorized or licensed by this state to carry a weapon or other prohibited item defined in RSA 159:27 in connection with assigned duties at the airport.

IV. A federal flight deck officer duly authorized to carry a weapon or other prohibited item defined in RSA 159:27 while engaged in providing air transportation or intrastate air transportation.

159:30 Penalties.

I. Any person who purposely or knowingly violates the provisions of this subdivision shall be guilty of a class B felony.

II. Any person who recklessly violates the provisions of this subdivision shall be guilty of a class A misdemeanor.

III. Any person who negligently violates the provisions of this subdivision shall be guilty of a violation.

5 New Paragraph; Real Estate Transfers; Disclosure of Proximity to Manchester Airport. Amend RSA 331-A:26 by inserting after paragraph XXXVII the following new paragraph:

XXXVIII. Failure to make a written disclosure of the proximity of Manchester Airport to all parties involved in any real estate transaction occurring within a 10-mile radius of the center point of Manchester Airport.

6 Effective Date.

I. Sections 3-5 of this act shall take effect January 1, 2005.

II. The remainder of this act shall take effect 60 days after its passage.

LBAO

04-3185

Revised 2/17/04

SB 471 FISCAL NOTE

AN ACT relative to the administration and operation of Manchester airport.

FISCAL IMPACT:

The Judicial Branch, Judicial Council, Association of Counties, Department of Corrections, and City of Manchester state this bill may increase state expenditures, decrease county revenue and expenditures, and decrease local expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on state and local revenues.

METHODOLOGY:

The Judicial Branch states that section 4 of this bill prohibits carrying weapons through airport security with those doing so negligently; a violation, recklessly; a class A misdemeanor, and purposely or knowingly; a class B felony. The Judicial Branch has no information on which to estimate how many prosecutions may be brought pursuant to this bill and at what level those prosecutions will occur. Complicating matters in providing estimates is that offenses under this statute, may also be federal crimes prosecuted in federal rather than state court. A violation can involve a trial in the district court and an appeal to the supreme court. A class A misdemeanor carries the potential of incarceration, and therefore, the potential for de novo appeals to the superior court for a jury trial, per RSA 599:1, and an appeal to the supreme court. A felony offense can involve arraignment, bail, and probable cause hearings in the district court; numerous hearings and a jury trial in the superior court; and an appeal to the supreme court. The Branch states that it would not take many prosecutions, especially at the class A misdemeanor or the class B felony level, for this bill to have a fiscal impact on the Judicial Branch of an amount greater than $10,000. Any fiscal impact to the Judicial Branch will result in increased delays in the processing of other cases.

The Judicial Council states section 4 of this bill adds three levels of penalties for violations of carrying weapons through airport security checkpoints. The first level is a violation with no jail time, the second is a class A misdemeanor, and the third is a class B felony. The Council further states that it is not possible to accurately predict the number of cases, level of penalties, or costs that may result from the enactment of this bill. However, the Council assumes that if the individual so charged has been determined to be indigent, the court will proceed to appoint an attorney to represent the defendant. If a public defender or contract attorney is appointed to the case, the fixed contract rate of $250 per misdemeanor or $687.50 per felony will apply. If an assigned counsel attorney (the third tier in the scheme of statutory appointment of counsel) must be used, due to either conflict of interest or for reasons of caseload limitations, the $60 per hour rate will apply to the case, with a fee cap of $1,000. This fee cap may be waived upon motion filed in advance with the court. If any "services other than counsel" are filed as a necessary part of the defense of a case, they would also be payable from Indigent Defense Funds.

The Association of Counties states that section one of this bill authorizes the Manchester Airport to establish and operate its own police force, and therefore, not continue to contract with the Rockingham County Sheriff's Department for these services. With this change, based on 2003 data, the Association states that the fiscal impact of this bill will be a decrease in county revenue of $1.40 million and a decrease in county expenditures of $1.27 million in FY 2005 and each year thereafter.

The Manchester Airport and City of Manchester state that by not contracting police services to Rockingham County, local expenditures will decrease by $200,000 in FY 2005 and each year thereafter. These savings will come from two sources; the elimination of the 10% administrative overhead charge of $160,000 stated in the contract and the elimination of deputy overtime charges of $40,000.

The Department of Corrections is unable to determine how many, if any, individuals would be sentenced under the provisions of this bill. The average cost of incarceration for FY 2003 was $25,341 per inmate per year.

The Departments of Justice and Transportation state that this bill will not impact their Departments.