Bill Text: HI HB1543 | 2012 | Regular Session | Introduced
Bill Title: Motor Vehicles; Motor Vehicle Manufacturers and Distributors; Reimbursement for Parts
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-07-10 - (S) Act 246, 7/6/2012 (Gov. Msg. No. 1349). [HB1543 Detail]
Download: Hawaii-2012-HB1543-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1543 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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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 Statutory material to be repealed is bracketed and stricken.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.
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INTRODUCED BY: |
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Report Title:
Motor Vehicle Industry
Description:
Makes clarifying amendments to the motor vehicle industry licensing act.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
