STAND. COM. REP. NO. 94

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1142
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 1142 entitled: 

     "A BILL FOR AN ACT RELATING TO THE NAMES OF CORPORATIONS,
     PARTNERSHIPS, AND LIMITED LIABILITY COMPANIES,"

begs leave to report as follows:

     The purpose of this measure is to establish procedures under
which a corporation, partnership, limited liability partnership,
or limited liability company may obtain administrative relief
against an entity that has registered or is using a name that is
substantially identical or confusingly similar to the name of the
corporation, partnership, limited liability partnership, or
limited liability company.

     The Department of Commerce and Consumer Affairs (DCCA)
presented testimony in support of the measure.  The Business Law
Section of the Hawaii State Bar Association and two individuals,
though not present, submitted written testimony in support of the
measure. 

     This measure provides businesses the opportunity to resolve
business name disputes through the DCCA's administrative hearing
process.  Specifically, the bill allows a business to file a
petition with the Director of DCCA for an order of abatement for
infringement of the business' name and allows an appeal from the
Director's order to Circuit Court.  Your Committee finds that
this process would be expeditious and less costly to businesses.


 
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                                   STAND. COM. REP. NO. 94
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     Your Committee has made technical, nonsubstantive amendments
to this measure.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 1142, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 1142, S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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