Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection and Housing and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1270 entitled:

beg leave to report as follows:

The purpose of this measure is to reinsert the term "threefold" into section 480-14(c) to rectify its inadvertent omission upon the enactment of Act 229, Session Laws of Hawaii 2002 (Act 229).

The Attorney General and Davis Levin Livingston Grande testified in support of this measure.

Act 229 amended, among other antitrust statutes, section 480-14(c), Hawaii Revised Statutes (HRS), which authorizes the Attorney General to bring a antitrust class action on behalf of indirect purchasers. Act 229 was based upon S.B. No. 1320, S.D. 2, H.D. 1 (S.B. No. 1320), a carry-over measure from the 2001 session. Because S.B. No. 1320 was a carry-over measure, it did not contain changes to section 480-14(c), HRS, adopted in the 2001 session, including the addition of the word "threefold" pursuant to Act 79, Session Laws of Hawaii 2001. Therefore, when Act 229 was adopted, the word "threefold" did not appear in section 480-14(c), HRS. This measure is intended to correct this omission.

Your Committees have amended this measure by deleting the term "compensatory" from section 480-14(c) to make the language therein consistent with language in other provisions of chapter 480, HRS.

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection and Housing and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1270, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1270, S.D. 1, and be placed on the calendar for Third Reading.