THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 480-13, Hawaii Revised Statutes, is
 2 amended by amending subsection (a) to read as follows:
 3      "(a)  Except as provided in subsections (b) and (c), any
 4 person who is injured in the person's business or property by
 5 reason of anything forbidden or declared unlawful by this
 6 chapter:
 7      (1)  May sue for damages sustained by the person, and, if
 8           the judgment is for the plaintiff, the plaintiff shall
 9           be awarded a sum not less than $1,000 or threefold
10           damages by the plaintiff sustained, whichever sum is
11           the greater, and reasonable attorneys fees together
12           with the costs of suit; provided that indirect
13           purchasers injured by an illegal overcharge shall
14           recover only compensatory damages, and reasonable
15           attorneys fees together with the costs of suit[; and]
16           in actions not brought under section 480-14(c); and
17      (2)  May bring proceedings to enjoin the unlawful practices,
18           and if the decree is for the plaintiff, the plaintiff
19           shall be awarded reasonable attorneys fees together

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 1           with the cost of suit."
 2      SECTION 2.  Section 480-14, Hawaii Revised Statutes, is
 3 amended by amending subsection (c) to read as follows:
 4      "(c)  No person other than the attorney general of the State
 5 shall be authorized to bring a class action for indirect
 6 purchasers asserting claims under this chapter.  The attorney
 7 general or the director of the office of consumer protection may
 8 bring a class action on behalf of consumers based on unfair or
 9 deceptive acts or practices declared unlawful by section 480-2.
10 Actions brought under this section shall be brought as parens
11 patriae on behalf of natural persons residing in the State, to
12 secure threefold compensatory damages for injuries sustained by
13 such natural persons to their property by reason of any violation
14 of this chapter."
15      SECTION 3.  Section 480-22, Hawaii Revised Statutes, is
16 amended by amending subsection (a) to read as follows:
17      "(a)  A final judgment or decree rendered in any civil or
18 criminal proceeding brought by the State under this chapter shall
19 be prima facie evidence against the defendant in any action or
20 proceeding brought by any other party under this chapter, or by
21 the State, county, or city and county, under section 480-14,
22 against the defendant as to all matters respecting which the
23 judgment or decree would be an estoppel between the parties

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 1 thereto.  This section shall not apply to consent judgments or
 2 decrees entered before any complaint has been filed; provided
 3 that when such a consent judgment or decree is filed, the
 4 attorney general shall set forth at the same time the alleged
 5 violations and reasons for entering into the consent judgment or
 6 decree.  No such consent judgment or decree which is entered
 7 before any complaint has been filed shall become final until
 8 sixty days from the filing of the consent judgment or decree or
 9 until the final determination of any exceptions filed, as
10 hereinafter provided, whichever is later.  During the sixty-day
11 period any interested party covered under section 480-13 may file
12 verified exceptions to the form and substance of the consent
13 judgment or decree, and the court, upon a full hearing thereon
14 may approve, refuse to [enter,] approve, or may modify the
15 consent judgment or decree."
16      SECTION 4.  Statutory material to be repealed is bracketed.
17 New statutory material is underscored.
18      SECTION 5.  This Act shall take effect upon its approval.
20                           INTRODUCED BY:  _______________________

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