SB3017

Report Title:

HVCB: Warrior Marker

 

Description:

Requests a review of the HVCB warrior marker program; report to the 2003 legislature.

THE SENATE	S.B. NO.	3017
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO THE USE OF SYMBOLS AND TRADEMARKS.

 

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

SECTION 1. The legislature finds that one of the most widely recognized symbols designating Hawaii's important cultural and historical landmarks is the figure of King Kamehameha, rendered in deep red and gold. The warrior marker appears at attractions statewide that are of significant interest to both visitors and the local community.

The legislature further finds that a U.S. Trademark Electronic Search indicates that the symbol is a registered trademark that is currently owned by the Hawaii Visitors and Convention Bureau (HVCB). The symbol has been in use at least since 1931 by the Hawaii Tourist Bureau, the predecessor to the Hawaii Visitors Bureau (HVB) and HVCB, to mark points of interest in the islands.

The legislature understands that HVB registered the warrior marker as a trademark with the trademarks offices of both the state and federal governments in 1977, and in 1995, the HVB established written criteria for the placement of these markers at selected sites. The criteria include sites that are safe and unrestricted to the public, that have historical and/or cultural significance, and points of interest unique to Hawaii. Commercial sites that are marked with the warrior market must be members of HVCB, and there is a processing fee for commercial properties requesting the marker and associated materials – with differing charges for nonprofit and for-profit organizations. Charges range from a low of $50 for a replacement pole for a nonprofit organization to $500 for a new warrior marker for a for-profit organization. For placement on both private and public property, the HVCB approves the actual location for placement.

While the legislature finds the policy and procedures developed for the warrior marker to be clear and concise, members are concerned that this symbol – which is so widely known by the public – benefits a private organization.

The purpose of this Act is to request a review of the warrior marker program.

SECTION 2. The legislative reference bureau shall review the HVCB's warrior marker program, including but not limited to:

(1) The history of the use of the warrior marker;

(2) A chronology of ownership and federal and state registration;

(3) The policy and procedures for approval and use of the warrior marker;

(4) The number of warrior markers and their placement throughout the islands;

(5) Income attributed to the markers; and

(6) Any issues related to the use of a privately-owned symbol to designate attractions on public property.

SECTION 3. The legislative reference bureau shall report on its findings and any recommendations for changes no later than twenty days prior to the regular session of 2003.

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

INTRODUCED BY:	_____________________________