Bill Text: HI SB3197 | 2024 | Regular Session | Amended
Bill Title: Relating To Advertising.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-02-27 - The committee on CPN deferred the measure. [SB3197 Detail]
Download: Hawaii-2024-SB3197-Amended.html
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THE SENATE |
S.B. NO. |
3197 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADVERTISING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§109- Stadium facility; naming rights. (a) Notwithstanding any law to the contrary,
chapter 102 shall not apply to concessions within the stadium facility.
(b) The stadium authority
may sell or lease the naming rights of the stadium facility or any portion
of the stadium facility or building therein to any public or private entity."
SECTION 2. Chapter 201B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§201B- Convention center facility; naming rights;
marketing; advertising. (a) Notwithstanding
any law to the contrary, chapter 102 shall not apply to concessions in or on
the convention center facility.
(b)
The authority may sell or lease the naming rights of the convention
center facility or any portion of the convention center facility to any public
or private entity.
(c) Any revenues derived from
advertising or marketing in or on the convention center facility, including
revenues derived under subsection (b), shall be deposited into the convention
center enterprise special fund under section 201B-8."
SECTION 3. Section 201B-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established the convention center enterprise special fund, into which shall be deposited:
(1) A portion of the revenues from the transient accommodations tax, as provided by section 237D-6.5;
(2) All revenues or moneys derived from the
operations of the convention center to include all revenues from [the]:
(A) The food and beverage service[,
all revenues from the];
(B) The parking facilities [or
from any];
(C) Any concession[, and all
revenues from the];
(D) Advertising or marketing, including revenues under section 201B- ; and
(E) The sale of souvenirs, logo items, or any other items offered for purchase at the convention center;
(3) Private contributions, interest, compensation, gross or net revenues, proceeds, or other moneys derived from any source or for any purpose arising from the use of the convention center facility; and
(4) Appropriations by the legislature for marketing the facility pursuant to section 201B-7(a)(7)."
SECTION 4. Section 445-112, Hawaii Revised Statutes, is amended to read as follows:
"§445-112 Where and when permitted. No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section:
(1) The display of official notices and signs, posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any law or rule having the force of law;
(2) Any outdoor advertising device announcing a meeting or series of meetings is not prohibited by this section if displayed on the premises where the meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings regardless of whether open to the public or conducted for profit and includes but is not limited to sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services;
(3) Any outdoor advertising device indicating that the building or premises on which it is displayed is the residence, office, or place of business, commercial or otherwise, of any individual, partnership, joint venture, association, club, or corporation, and stating the nature of the business;
(4) Any outdoor advertising device that advertises property or services that may be bought, rented, sold, or otherwise traded in on the premises or in the building on which the outdoor advertising device is displayed;
(5) The offering for sale of merchandise
bearing incidental advertising, including books, magazines, and newspapers, in
any store, newsstand, vending machine, rack, or other place where [such]
merchandise is regularly sold;
(6) Any outdoor advertising device offering any land, building, or part of a building for sale or rent, if displayed on the property so offered or on the building so offered;
(7) Any outdoor advertising device carried by persons or placed upon vehicles used for the transportation of persons or goods, except as provided under section 445‑112.5, relating to vehicular advertising devices;
(8) Any outdoor advertising device warning the public of dangerous conditions that they may encounter in nearby sections of streets, roads, paths, public places, power lines, gas and water mains, or other public utilities;
(9) Signs serving no commercial purpose that indicate places of natural beauty, or of historical or cultural interest and that are made according to designs approved by the department of business, economic development, and tourism;
(10) Any outdoor advertising device or billboard erected, placed, or maintained upon a state office building, if erected, placed, or maintained by authority of a state agency, department, or officer for the sole purpose of announcing cultural or educational events within the State, and if the design and location thereof has been approved by the department of business, economic development, and tourism;
(11) Signs urging voters to vote for or against any person or issue, may be erected, maintained, and used, except where contrary to or prohibited by law;
(12) Signs stating that a residence that is
offered for sale, lease, or rent is open for inspection at the actual time the
sign is displayed and showing the route to the residence; provided that the
sign contains no words or designs other than the words "Open House",
the address of the residence, the name of the person or agency responsible for
the sale, and an arrow or other directional symbol and is removed during [such]
the time [as] the residence is not open for inspection;
(13) The erection, maintenance, and use of billboards if the billboard is used solely for outdoor advertising devices not prohibited by this section;
(14) The continued display and maintenance
of outdoor advertising devices actually displayed on July 8, 1965, in
accordance with all laws and ordinances immediately [theretofore] in
effect[;] before July 9, 1965;
(15) The continued maintenance of any
billboard actually maintained on July 8, 1965, and the display thereon of the
same or new advertising devices, all in accordance with all laws and ordinances
in effect immediately [prior to] before July 9, 1965;
(16) Any outdoor advertising device,
displayed with the authorization of the University of Hawaii, on any scoreboard
of any stadium owned by the university[.
An]; provided that an outdoor advertising device displayed
under this paragraph shall be on the front of the scoreboard and face the
interior of the stadium;
(17) Any temporary outdoor advertising
device attached to or supported by the structure of any stadium owned by the University
of Hawaii, located within and facing the interior of the stadium, and
authorized to be displayed by the university[. For]; provided that for the
purpose of this paragraph, "temporary" means displayed for a short
period before the official start of organized athletic competition, during the
organized athletic competition, and for a short period after the official end
of the organized athletic competition;
(18) Any outdoor advertising device,
displayed with the authorization of the stadium authority, on any scoreboard of
any stadium [operated] managed by the stadium authority[. An]; provided that an outdoor
advertising device displayed under this paragraph shall be on the front of the
scoreboard and face the interior of the stadium; [and]
(19) Any billboard or outdoor advertising
device, displayed with the authorization of the stadium authority, within the
stadium facility established by section 206E-223; provided that an outdoor
advertising device displayed under this paragraph shall:
(A) Face the interior of the stadium facility;
(B) Be designed for pedestrians within
the stadium facility; and
(C) Not be used solely for the purposes
of commercial advertising;
(20) Notwithstanding any limitation of
paragraph (19), any outdoor advertising device for naming the stadium facility,
which may include the name and brand of a public or a private entity, displayed
with the authorization of the stadium authority, in or on the stadium facility;
provided that an outdoor advertising device displayed under this paragraph
shall not contain moving images;
[(19)] (21)
Any outdoor advertising device, displayed with the authorization
of the city and county of Honolulu, on the scoreboard of the Waipio peninsula
soccer stadium[. The];
provided that the outdoor advertising device shall be:
(A) Attached to the bottom of the scoreboard;
(B) No longer than the width of the scoreboard; and
(C) No higher than twenty-five per cent of the scoreboard height.
The
scoreboard shall be no larger than twenty-eight feet by ten feet. Any outdoor advertising device displayed
pursuant to this paragraph shall be on the front of the scoreboard and face the
interior of the stadium; provided that the outdoor advertising device shall not
be visible from any thoroughfare[.];
(22) Any outdoor advertising device,
displayed with the authorization of the Hawaii tourism authority, in or on the
convention center facility. An outdoor
advertising device displayed under this paragraph that faces the exterior of
the convention center facility shall:
(A) Consist only of the name of the
sponsoring entity and the words "Hawaii Convention Center",
"Hawaiʻi Convention
Center", or "Convention Center", and may include a company logo;
and
(B) Be static and contain no video or moving
images; and
(23) Any outdoor advertising device for naming the convention center facility, which may include the name and brand of a public or a private entity, displayed with the authorization of the Hawaii tourism authority, in or on the convention center facility; provided that an outdoor advertising device displayed under this paragraph shall not contain moving images."
SECTION 5. Section 445-113, Hawaii Revised Statutes, is amended to read as follows:
"§445-113 Regulation by counties. Except for outdoor advertising devices
authorized under section 445-112(16) [and], (17), (19), (20),
(22), and (23), the several counties may adopt ordinances regulating
billboards and outdoor advertising devices not prohibited by sections 445-111
to 445-121. The ordinances may:
(1) Classify billboards and outdoor advertising devices in the classes set forth in section 445-112, or in any other reasonable manner of classification;
(2) Regulate the size, manner of construction, color, illumination, location, and appearance of any class of billboard or outdoor advertising device;
(3) Prohibit the erection or maintenance of any type of billboard or the displaying of any outdoor advertising device in particular parts, or in all parts, of the county; provided that the prohibition shall not apply to any official notice or sign described in section 445-112(1); and provided further that, unless a county ordinance specifies otherwise, the prohibition shall extend to billboards or outdoor advertising devices located in the airspace or waters beyond the boundaries of the county that are visible from any public highway, park, or other public place located within the county;
(4) Control
and license the business of making, erecting, posting, renting, and maintaining
outdoor advertising devices and billboards as a business providing advertising
for others, and require each person engaging in [such] business to
obtain an annual license, the fee for which shall not exceed $100. The license shall be conditioned upon the maintenance
of all outdoor advertising devices and billboards in a safe state, and the
observance of sections 445-111 to 445‑121 and all applicable ordinances
and shall be revocable by the licensing authority upon breach of [such] any
condition;
(5) Require that no person, whether licensed under paragraph (4) or not, shall erect or maintain any billboard unless it is licensed by a permit issued by the county, the issuance of which permit shall be conditioned upon compliance with this chapter and all applicable ordinances and the payment to the county of an annual fee not to exceed $25 per billboard; and
(6) Provide
for [such] other regulation of billboards and outdoor advertising
devices as will promote the public health, welfare, safety, and convenience; encourage
and promote the tourist and visitor trade; conserve and develop the natural
beauty of the State, as well as objects and places of historic and cultural
interest; foster sightliness and physical good order; and promote the purposes
and provisions of sections 445‑111 to 445-121."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2060.
Report Title:
Stadium Authority; Stadium Facility; Convention Center Facility; Billboards; Advertising; Exemption; Naming Rights
Description:
Exempts billboards and outdoor advertising devices displayed with authorization of the Stadium Authority within the stadium facility, including outdoor advertising devices for naming the stadium facility under certain conditions. Exempts outdoor advertising devices displayed with authorization of the Hawaii Tourism Authority in or on the Convention Center facility, including outdoor advertising devices for naming the Convention Center facility under certain conditions. Exempts outdoor advertising devices for the stadium facility and the Convention Center facility from regulation by the counties, including outdoor advertising devices for naming the stadium facility and Convention Center facility. Takes effect 1/1/2060. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
