CONFERENCE COMMITTEE REP. NO.20

Honolulu, Hawaii

, 2001

RE: S.B. No. 1276

S.D. 1

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1276, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CYBERSQUATTING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to prohibit the bad faith registration of domain names on the Internet and to establish penalties for violation of the prohibition.

Your Committee on Conference has amended this measure by:

(1) Creating a new part to chapter 481B, Hawaii Revised Statutes;

(2) Including definitions of "claimant", "mark", and "person";

(3) Providing three instances of when a person shall be liable for cybersquatting and or cyber piracy;

(4) Providing separate sections on determining bad faith intent, exceptions, and damages and remedies; and

(5) Creating a new part to chapter 481D, Hawaii Revised Statutes for existing law entitled "Miscellaneous Provisions".

Your Committee on Conference finds these amendments provide greater clarity and conciseness.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1276, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1276, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

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KENNETH T. HIRAKI, Co-Chair

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ROD TAM, Chair

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BLAKE K. OSHIRO, Co-Chair

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BRIAN KANNO, Co-Chair

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RON MENOR, Co-Chair