Amendment ID: S2023-167
Amendment 167
Airport Security Plan Oversight & Civil Citations
Mr. Humason moves to amend the amendment by inserting the following new section:-
SECTION XXXX Chapter 6C of the general laws, as appearing in the 2010 official edition, is hereby amended by inserting after section 60 the following 2 sections:-
Section 60A. The division, with the approval of the secretary, shall have the authority to promulgate rules, regulations, orders and directives for establishing security standards for all airports and restricted landing areas in the commonwealth, so long as such standards are not contrary to or inconsistent with mandatory federal security standards. The division may cooperate with other local, state and federal authorities in matters of security, including the sharing of information, for the protection of the commonwealth and national security interests.
Each public-use airport, through its manager, shall prepare an airport security plan that must be submitted to and approved by the division. The airport security plan shall be developed under guidelines and regulations issued by the division through security directives. An airport security plan submitted and approved by the federal Transportation Security Administration in accordance with federal law shall be considered sufficient to comply with the requirements of this section.
The airport security plan shall be considered sensitive security information under Title 49 of the Code of Federal Regulations Part 1520 and shall not be subject to disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66.
Any authorized representative of the division shall be permitted to inspect any airport, airfield, restricted landing area, aviation facility, hangar or aircraft for the purpose of determining compliance with security standards established by the division.
The division shall be authorized to access criminal offender record information and to order and receive background checks completed by the department of state police on its employees, appointees, agents and persons with whom the division enters into a contract, agreement, certification or license.
Section 60B. (a) The division shall have the authority to issue civil citations and to impose and collect fines and to impose other penalties for violation of aeronautics laws contained in sections 35 to 52, inclusive, of chapter 90, including any rules and regulations established by the division. The administrator, or a designee, after determining that a violation has occurred, is authorized to cite the offender for such violation by issuing a civil citation.
(b) The administrator, or a designee, shall request, and the offender shall provide, the offender’s name, address and a form of identification. If the infraction involves the operation of an aircraft, the administrator, or a designee, shall request the examination of the offender’s current airman and medical certificates, if applicable, as well as an examination of the aircraft, if any, involved in the violation.
(c) The administrator, or a designee, shall issue a written citation to the offender at the time and place of the violation, if possible, and the offender shall sign the citation acknowledging its receipt. If it is not possible to serve the offender with a citation at the time of the infraction, the administrator, or a designee, shall mail a copy of the citation, by certified mail, return receipt requested, to the offender at the offender’s last known address, within 10 working days of the date the citation was issued.
(d) If the administrator, or a designee, is unable to identify the offender, a citation shall be sent to the registered owner of the aircraft involved in the violation as appearing on the records of the division or the Federal Aviation Administration. The issuance of the citation shall be deemed to be sufficient notice to the alleged offender. Proof of registration shall be prima facie evidence that the registrant is the offender.
(e) Each citation served shall include: (1) the name and address of the offender and the federal registration number of the aircraft involved, if any; (2) date, time and place of the offense; (3) description of the offense alleged; (4) signature of the administrator, or the designee, issuing the citation; (5) amount of penalty derived from a schedule established by the division and promulgated by statute or regulation; (6) instructions and time limits for paying the penalty; and (7) procedures for requesting a non-criminal hearing.
(f) The offender shall remit full payment of the penalty within 30 days of the date of the citation, by mailing or delivering a bank check or money order payable to the commonwealth at the address stated on the citation. Payment in full of the specified penalty and any late payment penalty shall operate as final disposition of the matter and no record shall be entered in any criminal or probation records of the court. Late payment charges in the amount of 10 per cent of the penalty shall be assessed, in addition to the penalty, for each 30 days, or part thereof, while the citation is unpaid.
(g) In lieu of initial payment, the offender may request, in writing within 30 calendar days from the date of the citation, a non-criminal hearing to be held before the administrator, or a designee. All hearings shall comply with chapter 30A.
(h) The administrator, or a designee, shall issue an adjudicatory decision for or against the offender. If the offender is found liable, the administrator, or a designee, shall require the offender to pay, within 21 calendar days from the date of the finding or a longer time as may be determined by the administrator, or a designee, an amount not to exceed the scheduled penalty established for the offense by regulation or statute.
(i)If the offender fails to timely render payment of the citation, fails to timely request a hearing, fails to appear for a scheduled hearing or fails to render payment of the citation upon an order of the court, the division may seek a criminal complaint against the offender without conducting a preliminary hearing pursuant to section 35A of chapter 218.
(j) All fees, fines and penalties collected by the division shall be deposited into the fund.