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.  (HB1417 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	1417
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

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 will not prohibit vehicles from advertising, provided that there is no compensation for carrying or displaying the advertisement.  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 vehicles or trailers that are actively used in the daily function of the business to which the advertising device relates."

     2.  By amending subsection (d) to read:

     "(d)  As used in this section:

     "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] 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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.