HOUSE OF REPRESENTATIVES	H.B. NO.	1543
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to the motor vehicle industry licensing law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 437-28.5, Hawaii Revised Statutes, is amended by amending subsections (a) to (c) to read as follows:

     "(a)  The same procedures, protections, rights, and remedies provided to a dealer under section 437-28(a)(21) [and], section 437-3.6, and part II shall apply to a distributor that is not a manufacturer.

     (b)  Notwithstanding the terms, provisions, or conditions of any dealer or distributor agreement or franchise or the terms or provisions of any waiver and notwithstanding any other legal or administrative remedies available, any person who is licensed under this chapter and whose business or property is injured by a violation of section 437-28(a)(21)[,] or part II may bring a civil action in a court of competent jurisdiction in the State to enjoin further violations and to recover any damages together with the costs of the suit.  Laws of the State of Hawaii shall apply to any action initiated under this section.

     (c)  Any person that brings or defends against a civil action under subsection (b) may be entitled to recover reasonable attorneys' fees as a part of any damages or injunction; provided that the person substantially prevails in establishing or defending against a violation of section 437-28(a)(21)[.] or part II."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Motor Vehicle Industry

Description:

Makes clarifying amendments to the motor vehicle industry licensing act.

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