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THE SENATE |
S.B. NO. |
2376 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADVERTISING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§712- Indecent advertising. (1) A person commits the offense of indecent advertising if a person:
(a) Uses in any print, broadcast, or electronic advertisements or directories that include the word "massage", "relaxation", "spa", "escort", or "body rubs", images depicting any person being advertised as a massage therapist, relaxation therapist, or escort in a nude or semi-nude condition; or
(b) Refers to the intimate areas of a person being advertised as a massage therapist, relaxation therapist, or escort in any print, broadcast, or electronic advertisement that includes the word "massage", "relaxation", "spa", "escort", or "body rubs".
(2) The publisher or producer of a print, broadcast, or electronic advertising medium shall not publish or broadcast an advertisement or listing for a massage therapist, massage therapy, massage therapy establishment, relaxation therapist, relaxation therapy, relaxation therapy establishment, escort, or escort service that does not comply with this section.
(3) A publisher or producer who obtains a written or electronic agreement from the massage therapist, massage therapy establishment, relaxation therapist, relaxation therapy establishment, or escort that states that the massage therapist, massage therapy establishment, relaxation therapist, relaxation therapy establishment, or escort will not advertise any service in violation of state or federal law shall be entitled to a rebuttable presumption of compliance with this section.
(4) Indecent advertising is a misdemeanor."
SECTION 2. Section 712-1210, Hawaii Revised Statutes, is amended by adding eleven new definitions to be appropriately inserted and to read as follows:
""Advertise" includes but is not limited to:
(a) Issuing any card, sign, or device to any person;
(b) Causing, permitting, or allowing any sign or marking on or in any building, vehicle, or structure;
(c) Advertising in any newspaper or magazine;
(d) Broadcasting commercials by airwave transmission; or
(e) Distributing commercial messages through any electronic communication system, including but not limited to the Internet.
"Escort" means any person who engages in the occupation or practice of escort service for compensation.
"Escort service" means providing or offering to provide company to other persons for amusement, companionship, or entertainment at any public or private location; provided that the term shall not include services provided as companionship services for the aged or infirm under section 387-1.
"Intimate areas" has the same meaning as in section 711‑1111.
"Massage therapist" has the same meaning as in section 452‑1.
"Massage therapy" has the same meaning as in section 452-1.
"Massage therapy establishment" has the same meaning as in section 452-1.
"Relaxation therapist" means any person who engages in the occupation or practice of relaxation therapy for compensation.
"Relaxation therapy" means any method of practicing healing arts other than massage therapy, including but not limited to pedicure, manicure, reflexology, and spa treatment services.
"Relaxation therapy establishment" means premises occupied and used for the purpose of practicing relaxation therapy or relaxation therapy training.
"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, and areola of the female breast, as well as portions of the body covered by supporting straps or devices."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Cybertrafficking; Indecent Advertising
Description:
Prohibits advertisements for massage, relaxation, spa, escort, or body rubs from including images depicting any person being advertised as a massage therapist, relaxation therapist, or escort in a nude or semi-nude condition. Effective 07/01/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.