Bill Text: HI SB1099 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating To Schools.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB1099 Detail]

Download: Hawaii-2018-SB1099-Introduced.html

THE SENATE

S.B. NO.

1099

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to schools.

 

 

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

 


     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  service mark licensing agreement program

     §302A-A  Service mark licensing agreement program; established.  (a)  There is established within the department a service mark licensing agreement program to allow the department and a department school to license the department's or department school's service marks.

     (b)  The department may enter into licensing agreements pursuant to this part and subject to rules adopted under section 302A-D.

     §302A-B  Commercial enterprises.  Notwithstanding any law to the contrary, the department may engage in commercial enterprises that are related and incidental to the primary purposes of the department as set forth in this chapter, including sponsorship of private, cultural, and athletic performances, sale of goods produced by or for department programs or an individual department school, or goods bearing a department or individual department school service mark.

     §302A-C  Service mark registration.  The department may register with the department of commerce and consumer affairs any service mark of the department or an individual department school.

     §302A-D  Administrative rules.  The department may adopt rules pursuant to chapter 91 for the purposes of this part.  Rules adopted pursuant to this section shall address at a minimum:

     (1)  An application process for a service mark licensing agreement;

     (2)  Standards for potential licensees and selection criteria;

     (3)  The appropriateness and quality of proposed licensed products and uses;

     (4)  The assessment and collection of fees;

     (5)  The disposition of fees and royalties;

     (6)  An appeals process for an application for service mark licensing that is denied; and

     (7)  A process to revoke or suspend a service mark licensing agreement."

     SECTION 2.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

 

INTRODUCED BY:

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Report Title:

Service Mark Licensing Agreements; Department of Education

 

Description:

Establishes a service mark licensing agreement program within the department of education and authorizes the department to register service marks for department programs and individual department schools and enter into licensing agreements for their use.

 

 

 

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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