Bill Text: HI HB1417 | 2010 | Regular Session | Introduced
Bill Title: Advertising; Mobile Billboards; Prohibition
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1417 Detail]
Download: Hawaii-2010-HB1417-Introduced.html
Report Title:
Advertising; Mobile Billboards; Prohibition
Description:
Amends the restrictions on the use of mobile billboards and provides for penalties. Exempts businesses using advertising devices used in the daily function of the business.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1417 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to mobile billboards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to close a loophole used to circumvent existing regulations governing outdoor advertising, including the State's longstanding prohibition on off-site commercial advertising, which has been in place for more than seventy-five years. The loophole has emerged because the current regulations are being interpreted to allow commercial businesses to place temporary banners and other advertising devices on vehicles and trailers, advertising that would be prohibited if they were placed on fixed locations. This Act will not prohibit a business from placing on its vehicles any signs that refer to the function of the business, products, or services offered by the business. The State has a substantial interest in traffic safety and aesthetics, and fulfilling the responsibility stated in article XI, section 1, of the Constitution of the State of Hawaii, which provides that: "For the benefit of the present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources . . ."
SECTION 2. Section 445-112.5, Hawaii Revised Statutes, is amended as follows:
1. By amending its title and subsection (a) to read:
"[[]§445‑112.5[]]
[Vehicular advertising] Mobile billboards prohibited;
penalty. (a) It is unlawful for any person to operate or park, or cause
to be operated or parked, on any street, roadway, or other public place, or on
any private property that can be seen from any street, roadway, or other public
place, any vehicle or trailer carrying [a vehicular] or displaying an
advertising device for consideration or any other economic benefit [if the
vehicle or trailer is used primarily to display a vehicular advertising device.
The phrase "for consideration or any other economic benefit" shall
not include any benefit derived by the owner or operator of the vehicle or
trailer from the effect of the advertising.], provided that this
prohibition shall not apply to vehicles or trailers that are actively used in
the daily function of the business to which the advertising device relates."
2. By amending subsection (d) to read:
"(d) As used in this section:
"Trailer" means a vehicle or conveyance with or without motive power designed to be pulled or propelled by a vehicle or other form of power.
"[Vehicular advertising] Advertising
device" means any sign, writing, picture, poster, painting, notice, bill,
model, display, symbol, emblem, or similar device, which is so designed that it
draws the attention of persons in any public street, roadway, or other public
place."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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