HOUSE OF REPRESENTATIVES

H.B. NO.

1927

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

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", pictures depicting any personal physical qualities other than the hands, wrists, and forearms of a person being advertised as a massage therapist or relaxation therapist; or

(b) Refers to any personal physical qualities of a person being advertised as a massage therapist or relaxation therapist 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, or relaxation therapy establishment 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, or relaxation therapy establishment that states that the massage therapist, massage therapy establishment, relaxation therapist, or relaxation therapy establishment 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 shall be a misdemeanor.

(5) As used in this section:

"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.

"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."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.


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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Cybertrafficking; Indecent Advertising

 

Description:

Prohibits advertisements for massage, relaxation, spa, escort, or body rubs from including certain types of pictures and from referring to personal physical qualities of a person other than the hands, wrists, and forearms.

 

 

 

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