Hawaii 2024 Regular Session

Hawaii House Bill HB1285 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1285 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to the stadium authority. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1285
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	1285
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to the stadium authority.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that new forms of generating revenue must be considered. Granting the stadium authority the ability to sell the naming rights to aloha stadium is one of many ideas the State should consider. The legislature further finds that naming rights have the potential to be a significant source of income for the stadium authority. The money generated would assist with funding the stadium's operating expenses. The purpose of this Act is to authorize the stadium authority to sell or lease to any entity the right to name the stadium and its facilities. SECTION 2. Section 109-2, Hawaii Revised Statutes, is amended to read as follows: "§109-2 Stadium authority; powers and duties. The powers and duties of the stadium authority shall be as follows: (1) To repair, maintain, and operate stadium facilities and the stadium development district, including: (A) Repairs, maintenance, operations, and demolition of existing stadium facilities; (B) Operations and maintenance of a new stadium; and (C) Contractual payments to developers, contractors, or management contractors engaged by the stadium authority; (2) To coordinate in planning, design, and construction activities, including on-site repairs, within the stadium development district; (3) To acquire and hold title to real property; (4) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium, facilities related to the stadium, and real property held by the stadium authority, including entering into leases, contracts, sponsorship and advertising agreements, food and beverage agreements, concession agreements, parking agreements, or other development and use agreements that may apply; provided that leases shall not exceed a term of ninety-nine years; (5) To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter; (6) To adopt, amend, and repeal, in accordance with chapter 91, rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities; (7) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 89, to manage the stadium, the stadium development district, and its contractors; [and] (8) To plan, promote, and market the stadium and related facilities[.]; and (9) To sell or lease to any entity the right to name the stadium and its facilities." SECTION 3. Section 445-112, Hawaii Revised Statutes, is amended to read as follows: "§445-112 Where and when permitted. No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section: (1) The display of official notices and signs, posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any law or rule having the force of law; (2) Any outdoor advertising device announcing a meeting or series of meetings is not prohibited by this section if displayed on the premises where the meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings regardless of whether open to the public or conducted for profit and includes but is not limited to sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services; (3) Any outdoor advertising device indicating that the building or premises on which it is displayed is the residence, office, or place of business, commercial or otherwise, of any individual, partnership, joint venture, association, club, or corporation, and stating the nature of the business; (4) Any outdoor advertising device that advertises property or services that may be bought, rented, sold, or otherwise traded in on the premises or in the building on which the outdoor advertising device is displayed; (5) The offering for sale of merchandise bearing incidental advertising, including books, magazines, and newspapers, in any store, newsstand, vending machine, rack, or other place where such merchandise is regularly sold; (6) Any outdoor advertising device offering any land, building, or part of a building for sale or rent, if displayed on the property so offered or on the building so offered; (7) Any outdoor advertising device carried by persons or placed upon vehicles used for the transportation of persons or goods, except as provided under section 445‑112.5, relating to vehicular advertising devices; (8) Any outdoor advertising device warning the public of dangerous conditions that they may encounter in nearby sections of streets, roads, paths, public places, power lines, gas and water mains, or other public utilities; (9) Signs serving no commercial purpose that indicate places of natural beauty, or of historical or cultural interest and that are made according to designs approved by the department of business, economic development, and tourism; (10) Any outdoor advertising device or billboard erected, placed, or maintained upon a state office building, if erected, placed, or maintained by authority of a state agency, department, or officer for the sole purpose of announcing cultural or educational events within the State, and if the design and location thereof has been approved by the department of business, economic development, and tourism; (11) Signs urging voters to vote for or against any person or issue, may be erected, maintained, and used, except where contrary to or prohibited by law; (12) Signs stating that a residence that is offered for sale, lease, or rent is open for inspection at the actual time the sign is displayed and showing the route to the residence; provided that the sign contains no words or designs other than the words "Open House", the address of the residence, the name of the person or agency responsible for the sale, and an arrow or other directional symbol and is removed during such time as the residence is not open for inspection; (13) The erection, maintenance, and use of billboards if the billboard is used solely for outdoor advertising devices not prohibited by this section; (14) The continued display and maintenance of outdoor advertising devices actually displayed on July 8, 1965, in accordance with all laws and ordinances immediately theretofore in effect; (15) The continued maintenance of any billboard actually maintained on July 8, 1965, and the display thereon of the same or new advertising devices, all in accordance with all laws and ordinances in effect immediately prior to July 9, 1965; (16) Any outdoor advertising device, displayed with the authorization of the University of Hawaii, on any scoreboard of any stadium owned by the university. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium; (17) Any temporary outdoor advertising device attached to or supported by the structure of any stadium owned by the University of Hawaii, located within and facing the interior of the stadium, and authorized to be displayed by the university. For the purpose of this paragraph, "temporary" means displayed for a short period before the official start of organized athletic competition, during the organized athletic competition, and for a short period after the official end of the organized athletic competition; (18) Any outdoor advertising device, displayed with the authorization of the stadium authority[, on]: (A) On any scoreboard of any stadium operated by the stadium authority. An outdoor advertising device displayed under this [paragraph] subparagraph shall be on the front of the scoreboard and face the interior of the stadium; and (B) Pursuant to the naming rights sold or leased as authorized by section 109-2(9), an outdoor advertising device displayed under this subparagraph shall be limited to the name of the stadium and shall not contain images or additional text; and (19) Any outdoor advertising device, displayed with the authorization of the city and county of Honolulu, on the scoreboard of the Waipio peninsula soccer stadium. The outdoor advertising device shall be: (A) Attached to the bottom of the scoreboard; (B) No longer than the width of the scoreboard; and (C) No higher than twenty-five per cent of the scoreboard height. The scoreboard shall be no larger than twenty-eight feet by ten feet. Any outdoor advertising device displayed pursuant to this paragraph shall be on the front of the scoreboard and face the interior of the stadium; provided that the outdoor advertising device shall not be visible from any thoroughfare." 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. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that new forms of generating revenue must be considered. Granting the stadium authority the ability to sell the naming rights to aloha stadium is one of many ideas the State should consider.
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51	51	The legislature further finds that naming rights have the potential to be a significant source of income for the stadium authority. The money generated would assist with funding the stadium's operating expenses.
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53	53	The purpose of this Act is to authorize the stadium authority to sell or lease to any entity the right to name the stadium and its facilities.
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55	55	SECTION 2. Section 109-2, Hawaii Revised Statutes, is amended to read as follows:
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57	57	"§109-2 Stadium authority; powers and duties. The powers and duties of the stadium authority shall be as follows:
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59	59	(1) To repair, maintain, and operate stadium facilities and the stadium development district, including:
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61	61	(A) Repairs, maintenance, operations, and demolition of existing stadium facilities;
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63	63	(B) Operations and maintenance of a new stadium; and
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65	65	(C) Contractual payments to developers, contractors, or management contractors engaged by the stadium authority;
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67	67	(2) To coordinate in planning, design, and construction activities, including on-site repairs, within the stadium development district;
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69	69	(3) To acquire and hold title to real property;
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71	71	(4) To prescribe and collect rents, fees, and charges for the use or enjoyment of the stadium, facilities related to the stadium, and real property held by the stadium authority, including entering into leases, contracts, sponsorship and advertising agreements, food and beverage agreements, concession agreements, parking agreements, or other development and use agreements that may apply; provided that leases shall not exceed a term of ninety-nine years;
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73	73	(5) To make and execute contracts and other instruments necessary or convenient to exercise its powers under this chapter and subject to any limitations in this chapter, to exercise all powers necessary, incidental, or convenient to carry out and effectuate the purposes and provisions of this chapter;
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75	75	(6) To adopt, amend, and repeal, in accordance with chapter 91, rules it may deem necessary to effectuate this chapter and in connection with its projects, operations, and facilities;
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77	77	(7) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 89, to manage the stadium, the stadium development district, and its contractors; [and]
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79	79	(8) To plan, promote, and market the stadium and related facilities[.]; and
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81	81	(9) To sell or lease to any entity the right to name the stadium and its facilities."
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83	83	SECTION 3. Section 445-112, Hawaii Revised Statutes, is amended to read as follows:
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85	85	"§445-112 Where and when permitted. No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section:
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87	87	(1) The display of official notices and signs, posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any law or rule having the force of law;
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89	89	(2) Any outdoor advertising device announcing a meeting or series of meetings is not prohibited by this section if displayed on the premises where the meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings regardless of whether open to the public or conducted for profit and includes but is not limited to sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services;
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91	91	(3) Any outdoor advertising device indicating that the building or premises on which it is displayed is the residence, office, or place of business, commercial or otherwise, of any individual, partnership, joint venture, association, club, or corporation, and stating the nature of the business;
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93	93	(4) Any outdoor advertising device that advertises property or services that may be bought, rented, sold, or otherwise traded in on the premises or in the building on which the outdoor advertising device is displayed;
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95	95	(5) The offering for sale of merchandise bearing incidental advertising, including books, magazines, and newspapers, in any store, newsstand, vending machine, rack, or other place where such merchandise is regularly sold;
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97	97	(6) Any outdoor advertising device offering any land, building, or part of a building for sale or rent, if displayed on the property so offered or on the building so offered;
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99	99	(7) Any outdoor advertising device carried by persons or placed upon vehicles used for the transportation of persons or goods, except as provided under section 445‑112.5, relating to vehicular advertising devices;
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101	101	(8) Any outdoor advertising device warning the public of dangerous conditions that they may encounter in nearby sections of streets, roads, paths, public places, power lines, gas and water mains, or other public utilities;
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103	103	(9) Signs serving no commercial purpose that indicate places of natural beauty, or of historical or cultural interest and that are made according to designs approved by the department of business, economic development, and tourism;
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105	105	(10) Any outdoor advertising device or billboard erected, placed, or maintained upon a state office building, if erected, placed, or maintained by authority of a state agency, department, or officer for the sole purpose of announcing cultural or educational events within the State, and if the design and location thereof has been approved by the department of business, economic development, and tourism;
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107	107	(11) Signs urging voters to vote for or against any person or issue, may be erected, maintained, and used, except where contrary to or prohibited by law;
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109	109	(12) Signs stating that a residence that is offered for sale, lease, or rent is open for inspection at the actual time the sign is displayed and showing the route to the residence; provided that the sign contains no words or designs other than the words "Open House", the address of the residence, the name of the person or agency responsible for the sale, and an arrow or other directional symbol and is removed during such time as the residence is not open for inspection;
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111	111	(13) The erection, maintenance, and use of billboards if the billboard is used solely for outdoor advertising devices not prohibited by this section;
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113	113	(14) The continued display and maintenance of outdoor advertising devices actually displayed on July 8, 1965, in accordance with all laws and ordinances immediately theretofore in effect;
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115	115	(15) The continued maintenance of any billboard actually maintained on July 8, 1965, and the display thereon of the same or new advertising devices, all in accordance with all laws and ordinances in effect immediately prior to July 9, 1965;
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117	117	(16) Any outdoor advertising device, displayed with the authorization of the University of Hawaii, on any scoreboard of any stadium owned by the university. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium;
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119	119	(17) Any temporary outdoor advertising device attached to or supported by the structure of any stadium owned by the University of Hawaii, located within and facing the interior of the stadium, and authorized to be displayed by the university. For the purpose of this paragraph, "temporary" means displayed for a short period before the official start of organized athletic competition, during the organized athletic competition, and for a short period after the official end of the organized athletic competition;
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121	121	(18) Any outdoor advertising device, displayed with the authorization of the stadium authority[, on]:
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123	123	(A) On any scoreboard of any stadium operated by the stadium authority. An outdoor advertising device displayed under this [paragraph] subparagraph shall be on the front of the scoreboard and face the interior of the stadium; and
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125	125	(B) Pursuant to the naming rights sold or leased as authorized by section 109-2(9), an outdoor advertising device displayed under this subparagraph shall be limited to the name of the stadium and shall not contain images or additional text; and
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127	127	(19) Any outdoor advertising device, displayed with the authorization of the city and county of Honolulu, on the scoreboard of the Waipio peninsula soccer stadium. The outdoor advertising device shall be:
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129	129	(A) Attached to the bottom of the scoreboard;
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131	131	(B) No longer than the width of the scoreboard; and
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133	133	(C) No higher than twenty-five per cent of the scoreboard height.
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135	135	The scoreboard shall be no larger than twenty-eight feet by ten feet. Any outdoor advertising device displayed pursuant to this paragraph shall be on the front of the scoreboard and face the interior of the stadium; provided that the outdoor advertising device shall not be visible from any thoroughfare."
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137	137	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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139	139	SECTION 4. This Act shall take effect upon its approval.
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143	143	INTRODUCED BY: _____________________________
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145	145	INTRODUCED BY:
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153	153	Report Title: Aloha Stadium; Naming Rights; Economic Recovery Description: Authorizes the Stadium Authority to sell the naming rights to Aloha Stadium and its facilities. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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159	159	Report Title:
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161	161	Aloha Stadium; Naming Rights; Economic Recovery
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165	165	Description:
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167	167	Authorizes the Stadium Authority to sell the naming rights to Aloha Stadium and its facilities.
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175	175	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.