STAND. COM. REP. 1188
Honolulu, Hawaii
, 2003
RE: S.B. No. 1270
S.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committees on Consumer Protection and Commerce and Judiciary, to which was referred S.B. No. 1270, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ANTITRUST,"
beg leave to report as follows:
The purpose of this bill is to restore the term "threefold" in section 480-14(c), Hawaii Revised Statutes, (HRS), which term:
(1) Was inadvertently omitted when the section was amended by Act 229, Session Laws of Hawaii 2002; and
(2) Refers to the damages that may be secured in class actions brought by the State on behalf of direct or indirect purchaser consumers, for injuries caused by violations of the prohibition against unfair methods of competition or unfair or deceptive acts or practices in the conduct of any trade or commerce.
This bill also makes a related technical correction to remove the term "compensatory" from section 480-14(c), HRS.
Testimony in support of this measure was received from the Attorney General (AG).
Your Committees find that section 480-14(c), HRS, was amended in 2002 by Act 229, (Act 229). Act 229 allowed indirect purchasers of a product or service to bring private class actions for price-fixing in violation of the antitrust provisions of chapter 480, HRS. Act 229 also allowed the AG to intervene in, and proceed with the action on behalf of the class. Your Committees find that when Act 229 amended section 480-14(c), HRS, the term "threefold" was inadvertently omitted from the language of the existing statute.
As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1270, S.D. 1, and recommend that it pass Second Reading and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committees on Consumer Protection and Commerce and Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
____________________________ KENNETH T. HIRAKI, Chair |
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