HOUSE OF REPRESENTATIVES

H.B. NO.

528

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to political signs.

 

 

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

 


SECTION 1.  The legislature finds that, while posting signs in support of a political candidate on private property is an individual's right and encourages a healthy democratic system, political signs posted on public property can become unsightly, long-term fixtures when unregulated.  Candidate committees and noncandidate committees issuing political signs to supporters should be responsible for educating supporters on the legal and appropriate venues for posting political signs and overseeing timely removal if violations occur.  The purpose of this Act is to establish penalties for candidate committees and noncandidate committees whose political signs are posted on public highways, property, and venues.

     SECTION 2.  Section 264-77, Hawaii Revised Statutes, is amended to read as follows:

     "§264-77  Penalty.  (a)  Any person violating this part shall be fined not less than $25 nor more than $500, or imprisoned not more than one month, or both.

     (b)  Any candidate committee or noncandidate committee whose political signs are posted in violation of this part shall be fined not less than $50 per offense.

     For the purposes of this section:

     "Candidate committee" has the same meaning as defined in section 11-302.

     "Noncandidate committee" has the same meaning as defined in section 11-302.

     "Political sign" means outdoor advertising that:

     (1)  Urges voters to vote for or against any person or issue; and

     (2)  Is funded by a candidate committee or noncandidate committee registered with the campaign spending commission."

     SECTION 3.  Section 445-121, Hawaii Revised Statutes, is amended to read as follows:

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

     (b)  In addition to subsection (a), any person acting knowingly, who is either:

     (1)  Responsible for posting material in violation of section 445-114; or

     (2)  The person organizing the event or the owner or operator of the business advertised on the posted material,

shall remove the material within seventy-two hours after receipt of written notice of the posting or seventy-two hours after the date of the event advertised on the posted material, whichever occurs first.  Failure to remove the posted material within the time specified shall be punishable by an additional fine of not less than $100 nor more than $200 per posted material, or community service of not less than ten hours nor more than twenty hours, or both.  Such additional penalties shall not be imposed unless the person received written notice of the posting or was responsible for posting material in violation of section 445-114.

     (c)  Any candidate committee or noncandidate committee whose political signs are posted in violation of this part shall be fined not less than $50 per offense.

     For the purposes of this section:

     "Candidate committee" has the same meaning as defined in section 11-302.

     "Noncandidate committee" has the same meaning as defined in section 11-302.

     "Political sign" means outdoor advertising device that:

     (1)  Urges voters to vote for or against any person or issue; and

     (2)  Is funded by a candidate committee or noncandidate committee registered with the campaign spending commission."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

_____________________________

 

 


 


Report Title:

Political Signs; State Property; State Highways; Penalty

 

Description:

Defines political signs.  Fines candidate committees and noncandidate committees whose political signs are found on state property or highways.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.