HOUSE OF REPRESENTATIVES	H.B. NO.	506
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

relating to outdoor advertising.

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

SECTION 1. The legislature finds that the State's laws regulating outdoor advertising are intended to promote and protect the public health, safety, and welfare. Laws, rules, and ordinances regulating and enforcing outdoor advertising are necessary to prevent unreasonable distraction of motorists and other motor vehicle operators, prevent interference with the effectiveness of traffic regulations, protect Hawaii's natural beauty, promote safety on the State's highways, and protect residents' enjoyment of public spaces.

The legislature notes that penalties associated with violations of outdoor advertising laws have not been updated in decades, including one law that has remained unamended since its enactment in 1966.

The purpose of this Act is to amend the fines and community service penalties for violating Hawaii's outdoor advertising laws.

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

"§264-77 Penalty. 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."

SECTION 3. Section 445-112.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person convicted of violating this section shall be fined:

(1) Not less than [$200] $           or more than [$1,000,] $          , for the first offense;

(2) Not less than [$500] $           or more than [$2,000] $           for the second offense; and

(3) Not less than [$1,000] $           or more than [$5,000] $           for the third and subsequent offense."

SECTION 4. 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."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6 Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Outdoor Advertising; Penalties

Description:

Amends the fines and community service penalties for violating Hawaii's outdoor advertising laws.

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