Report Title:

Advertising; Mobile Billboards; Prohibition

 

Description:

Amends the restrictions on the use of mobile billboards.  Exempts businesses using vehicles with advertising in the daily function of the advertised business.  Clarifies what constitutes certain exempted vehicles.  Effective 7/1/2075.  (SD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1417

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

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 that allows persons to place banners and other advertising devices for others on their vehicles or trailers for compensation, as long as the vehicles or trailers are not used primarily to display advertising.  This Act does not prohibit vehicles from displaying advertising, provided that the vehicle is regularly used in the operations of the business to which the advertising relates.  The State has a substantial interest in traffic safety and aesthetics, and fulfilling the responsibility in article XI, section 1, of the Hawaii Constitution, which states, "For the benefit of 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 a vehicle or trailer that:

     (1)  Is regularly driven or moved as part of the day-to-day operations of a business; provided that day-to-day operations include advertising that is directly limited to and directly related to an engaged passenger vehicle's service route or contracted customer service business, including scheduled special events and parades; and

     (2)  Carries or displays an advertising device that relates only to that business."

     2.  By amending subsection (d) to read:

     "(d)  As used in this section:

     "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.

     "Economic benefit" shall not include a benefit such as increased business or commercial name recognition derived by the owner of the vehicle or trailer from an advertising device that advertises the business in whose daily function the vehicle or trailer is actively used or meets the requirements of subsection (a)(1).

     "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" 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 on July 1, 2075.