REPORT TITLE:
Consumer Actions


DESCRIPTION:
Establishes, if a constitutional amendment authorizes it, a right
of a consumer to bring an action for declaratory relief for any
new law enacted by the legislature that has, as its primary
impact, a negative economic impact on consumers.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1960
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONSUMER ACTIONS.



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

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                     CONSUMER RIGHT OF ACTION
 
 6       -1 Right of the consumer.  The legislature shall not
 
 7 enact any law whose primary impact is an economic impact on the
 
 8 consumer, unless the impact is a beneficial one.
 
 9       -2 Enforcement.  Any consumer in this State, upon the
 
10 enactment of a law after the effective date of this Act, may
 
11 bring an action for declaratory relief in the circuit court of
 
12 the circuit in which the consumer resides from the law on the
 
13 ground that the law violates the right of the consumer as set
 
14 forth in section    -1.  The circuit court, in its discretion,
 
15 may permit the joinder of other consumers or the consolidation of
 
16 suits filed simultaneously on the same grounds.
 
17         -3  Limitation on number of actions.  There shall be no
 
18 more than one action brought before the circuit court challenging
 
19 any single law on the grounds that it violates section    -1.
 

 
Page 2                                                     1960
                                     H.B. NO.           
                                                        
                                                        


 1         -4  Vigorous prosecution.  Any consumer who brings or
 
 2 joins a lawsuit under this chapter shall prosecute the action
 
 3 diligently.  Failure to do so will permit the court, in its
 
 4 discretion, to dismiss the plaintiff from the lawsuit and
 
 5 substitute another consumer if another consumer so moves.
 
 6         -5  Costs and fees.  A consumer who brings a successful
 
 7 action under this chapter shall be entitled to reasonable
 
 8 attorney fees and costs.
 
 9         -6  Review of the law.  In reviewing a law challenged
 
10 under this chapter, the court shall first determine, as best it
 
11 can from the text of the law and legislative materials, what the
 
12 primary intent of the law is.  If the court determines that the
 
13 primary intent is an economic impact on consumers as a class in
 
14 the State, the court shall next decide whether the impact is
 
15 positive or negative.  If the court finds that different classes
 
16 of consumers would be subject to different impacts, the court
 
17 shall determine whether, as to the majority of the whole class,
 
18 the law has a positive or negative impact.
 
19         -7  Effective of judgment.  Upon a finding that the law
 
20 violates the rights set forth in section    -1, the court shall
 
21 enter a declaratory judgment voiding the parts of the law that
 
22 have the negative impact.  If the court finds that part of the
 
23 law cannot be voided without substantially changing the intent of
 

 
Page 3                                                     1960
                                     H.B. NO.           
                                                        
                                                        


 1 the law, the whole law shall be voided.  Any voiding of the law
 
 2 shall be from its effective date on."
 
 3      SECTION 2.  This Act shall take effect upon approval and
 
 4 upon ratification of a constitutional amendment prohibiting the
 
 5 legislature from enacting any law whose primary impact is a
 
 6 negative economic impact on consumers in the State.
 
 7 
 
 8                       INTRODUCED BY:  ___________________________