STAND. COM. REP. NO. 1142

Honolulu, Hawaii

, 2005

RE: H.B. No. 864

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Intergovernmental Affairs, to which was referred H.B. No. 864 entitled:

"A BILL FOR AN ACT RELATING TO COUNTIES,"

begs leave to report as follows:

The purpose of this measure is to extend the counties' authority to regulate billboards and other outdoor advertising devices to include the airspace or waters beyond the boundaries of a county if the advertising is visible from any public place within the county.

Your Committee received testimony in support of this measure from the Honolulu Corporation Counsel, Na Leo Pohai, Sierra Club, Life of the Land, and one individual.

This measure arises from the case of Center for Bio-Ethical Reform, Inc. v. City and County of Honolulu, which is now on appeal before the U.S. Court of Appeals for the Ninth Circuit. This case challenged Honolulu's ordinances prohibiting aerial advertising. The case involved the use of airspace advertising in the form of a plane towing a large sign over near shore waters so as to be visible from the shore, to promote an agenda relating to bio-ethics.

The specific issue addressed by this measure is not on appeal, because the plaintiffs raised the issue after filing the appeal. Therefore, this measure is intended to head off more litigation and thereby avoid costly attorney's fees and further litigation costs. The plaintiff's new argument is that if a plane takes off from Honolulu International Airport or from Molokai Airport and then flies over coastal waters, but not over land, while displaying their banner to beachgoers in Waikiki and other beaches, then the plane would be outside of the jurisdiction of the City and County of Honolulu and Honolulu's ordinances would not be applicable.

Your Committee agrees with the Special Deputy Corporation Counsel who represented the city in the litigation that this measure has been introduced "out of an excess of caution to leave no remaining ambiguity regarding the ability of the counties to regulate aerial (and ship-based) advertising aimed at beachgoers and other individuals in the public places on the island."

As affirmed by the record of votes of the members of your Committee on Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 864, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Intergovernmental Affairs,

____________________________

DAVID Y. IGE, Chair