Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

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

begs leave to report as follows:

The purpose of this bill is to affirm the commitment of the State to protect and preserve its outstanding scenic vistas and natural beauty by:

The Department of the Corporation Counsel of the City and County of Honolulu, Na Leo Pohai-The Public Policy Affiliate of the Outdoor Circle, Life of the Land, and a concerned individual testified in support of this measure.

In the case of Center for Bio-Ethical Reform, Inc. v. City and County of Honolulu, which is now on appeal in the U.S. Court of Appeals for the Ninth Circuit, plaintiffs have argued that Honolulu's ordinance prohibiting aerial advertising could not be enforced against a tow-banner aircraft which departs from Molokai and remained over the ocean waters while displaying its banner to beachgoers in Waikiki. They claimed that the prohibition violated the First Amendment of the United States Constitution. While this issue may be decided in favor of the county, there is concern that plaintiffs may file a new action arguing that the county has no jurisdiction over activities occurring over state coastal waters.

Your Committee finds that it is in the public interest that Hawaii's scenic views, majestic vistas, and overall natural beauty are protected from the use of billboards and other outdoor advertising, including aerial advertising. This bill will eliminate any ambiguity in current law as to the county's jurisdiction over outdoor advertising devices located in airspace or waters beyond the land boundaries of the county.

As affirmed by the record of votes of the members of your Committee on Judiciary 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 Third Reading.