HOUSE OF REPRESENTATIVES

H.B. NO.

568

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to aerial advertising devices.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 445, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§445-    Aerial advertising device; prohibited.  (a)  No person shall display an aerial advertising device in the State.

     (b)  As used in this section, "aerial advertising device" means any device that is:

     (1)  A writing, picture, painting, light, model, display, emblem, sign, or similar device displayed in the sky, which is so designed that it draws the attention of persons in any public highway, park, or other public place to any property, services, entertainment, or amusement, bought, sold, rented, hired, offered, or otherwise traded in by any person, or to the place or person where or by whom such buying, selling, renting, hiring, offering, or other trading is carried on;

     (2)  A sign, poster, notice, bill, or word or words in writing displayed in the sky and so designed that it draws the attention of and is read by persons in any public highway, park, or other public place; or

     (3)  A sign, writing, symbol, or emblem made of lights, or a device or design made of lights so designed that its primary function is not giving light, which is displayed in the sky and draws the attention of persons in any public highway, park or other public place."

     SECTION 2.  Section 261-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In operating an airport or air navigation facility owned or controlled by the department of transportation, or in which it has a right or interest, the department may enter into contracts, leases, licenses, and other arrangements with any person:

     (1)  Granting the privilege of using or improving the airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes;

     (2)  Conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility;

     (3)  Making available services, facilities, goods, commodities, or other things to be furnished by the department or its agents at the airport or air navigation facility; or

     (4)  Granting the use and occupancy of any portion of the land under its jurisdiction that may not be required by the department for aeronautics purposes so that it may instead put the area to economic use and thereby derive revenue therefrom.

     The department shall not enter into contracts, leases, licenses, and other arrangements that permit an aircraft to display an aerial advertising device.  As used in this subsection, "aerial advertising device" has the same meaning as in section 445-   .

     The term "airport purpose" or "airport purposes" contained in any governor's executive order transferring jurisdiction and control of real property to the department of transportation shall be considered to include entering into contracts, leases, licenses, and other arrangements pursuant to this section."

     SECTION 3.  Section 445-121, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any person violating any provision of sections 445-111 to 445-121 or section 445-   shall be fined not less than $25 nor more than $500, or imprisoned not more than one month, or both."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Aerial Advertising; Prohibition

 

Description:

Bans aerial advertising in the State.  Prohibits the Department of Transportation from entering into contracts that permit an aircraft to display an aerial advertising device.

 

 

 

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