SB 102: Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized Actions; Prohibition; Remedies
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-24
Current Status:
In Progress
(2025-05-19: Act 077, on 05/19/2025 (Gov. Msg. No. 1177).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill bars third-party reservation websites, apps, or other digital platforms from advertising, listing, promoting, facilitating, enabling, or selling reservations for a Hawaii restaurant unless the restaurant or its authorized agent gives written permission. Customers charged for an unauthorized reservation, the affected restaurant, or the restaurant's authorized designee can sue to get a court order to stop the activity, recover actual damages up to the fees collected, and recover attorney fees, and must bring claims within one year.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Prohibits third-party restaurant reservation services from advertising, listing, promoting, facilitating, enabling, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes a private cause of action for civil remedies. (CD1)
Prohibits third-party restaurant reservation services from advertising, listing, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes a private cause of action for civil remedies. Effective 7/1/3000. (HD2)
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes a private cause of action for civil remedies. Effective 7/1/3000. (HD1)
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes civil penalties. Effective 7/1/2050. (SD2)
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes civil penalties. Effective 7/1/2050. (SD1)
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes civil penalties.
|
THE SENATE |
S.B. NO. |
102 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO RESTAURANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Prohibit third-party restaurant reservation services from advertising, listing, promoting, facilitating, enabling, or selling restaurant reservation services without first obtaining a written agreement from the applicable restaurant authorizing the action; and
(2) Establish a private cause of action for civil remedies.
SECTION 2. Chapter 489J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§489J- Unauthorized restaurant reservations; prohibited. (a) No third-party restaurant reservation service shall advertise, list, promote, facilitate, enable, or sell reservations for a restaurant through the third-party restaurant reservation service's website, mobile application, or other digital platform unless the restaurant, or a contractual designee of the restaurant expressly authorized by the restaurant to distribute reservations to a third party, agrees in writing for the third-party restaurant reservation service to advertise, list, promote, facilitate, enable, or sell reservations for that restaurant.
(b) Any person who is charged a fee or price by or through a third-party restaurant reservation service for a reservation that is advertised, listed, promoted, facilitated, enabled, or sold in violation of this section; any restaurant for which a third-party restaurant reservation service has advertised, listed, promoted, facilitated, enabled, or sold a reservation in violation of this section; or any restaurant's contractual designee who obtained reservation distribution rights directly from the restaurant, with respect to a reservation advertised, listed, promoted, facilitated, enabled, or sold in violation of this section, may bring a civil action in any court of competent jurisdiction for the following:
(1) Injunctive relief to restrain or enjoin any activity in violation of this section;
(2) Actual damages; provided that the actual damages shall not exceed the total fees collected by the third-party restaurant reservation service for the subject violation; and
(3) Attorneys' fees and costs and any other remedies that the court deems appropriate.
(c) Any action alleging a violation of this section shall be brought within one year of the occurrence of the acts alleged to have violated this section.
(d) For the purposes of this section:
"Restaurant" means a food establishment in which food is provided free of charge or sold to consumers for consumption on or off the premises. "Restaurant" includes dine-in establishments, pushcarts, food stands, and vehicles.
"Third-party restaurant reservation service" means any website, mobile application, or other digital platform that:
(1) Offers or arranges for reserving on-premises service for a customer at a restaurant; and
(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized Actions; Prohibition; Remedies
Description:
Prohibits third-party restaurant reservation services from advertising, listing, promoting, facilitating, enabling, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes a private cause of action for civil remedies. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
102 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO RESTAURANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Prohibit third-party restaurant reservation services from advertising, listing, promoting, or selling restaurant reservation services without first obtaining a written agreement from the applicable restaurant authorizing the action; and
(2) Establish a private cause of action for civil remedies.
SECTION 2. Chapter 489J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§489J- Unauthorized restaurant reservations; prohibited. (a) No third-party restaurant reservation service shall advertise, list, promote, or sell reservations for a restaurant through the third-party restaurant reservation service's website, mobile application, or other digital platform unless the restaurant, or a contractual designee of the restaurant expressly authorized by the restaurant to distribute reservations to a third party, agrees in writing for the third-party restaurant reservation service to advertise, list, promote, or sell reservations for that restaurant.
(b) No agreement executed pursuant to subsection (a) shall include a provision, clause, or covenant requiring the restaurant to indemnify the third-party restaurant reservation service, any independent contractor acting on behalf of the third-party restaurant reservation service, or any registered agent of the third-party restaurant reservation service for any harm arising from an act or omission initiated by the third-party restaurant reservation service; provided that any provision, clause, or covenant in violation of this subsection shall be void.
(c) Any person who is charged a fee or price by or through a third-party restaurant reservation service for a reservation that is advertised, listed, promoted, or sold in violation of this section, or any restaurant for which a third-party restaurant reservation service has advertised, listed, promoted, or sold a reservation in violation of this section, may bring a civil action in any court of competent jurisdiction for the following:
(1) Injunctive relief to restrain or enjoin any activity in violation of this section;
(2) Actual damages; provided that the actual damages shall not exceed the total fees collected by the third-party restaurant reservation service for the subject violation; and
(3) Attorneys' fees and costs and any other remedies that the court deems appropriate.
(d) Any action alleging a violation of this section shall be brought within one year of the occurrence of the acts alleged to have violated this section.
(e) For the purposes of this section:
"Restaurant" means a food establishment in which food is provided free of charge or sold to consumers for consumption on or off the premises. "Restaurant" includes dine-in establishments, pushcarts, food stands, and vehicles.
"Third-party restaurant reservation service" means any website, mobile application, or other digital platform that:
(1) Offers or arranges for reserving on-premises service for a customer at a restaurant; and
(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contracts existing as of the effective date of this Act in a manner violative of the Contract Clause under article I, section 10, of the United States Constitution or the Hawaii State Constitution.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized Actions; Prohibition; Remedies
Description:
Prohibits third-party restaurant reservation services from advertising, listing, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes a private cause of action for civil remedies. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
102 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO RESTAURANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Prohibit third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservation services without first obtaining a written agreement from the applicable restaurant authorizing the action; and
(2) Establish a private cause of action for civil remedies.
SECTION 2. Chapter 489J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§489J- Unauthorized restaurant reservations; prohibited. (a) No third-party restaurant reservation service shall advertise, list, promote, or sell reservations for a restaurant through the third-party restaurant reservation service's website, mobile application, or other digital platform unless the restaurant, or a contractual designee of the restaurant expressly authorized by the restaurant to distribute reservations to a third party, agrees in writing for the third-party restaurant reservation service to advertise, list, promote, or sell reservations for that restaurant.
(b) No agreement executed pursuant to subsection (a) shall include a provision, clause, or covenant requiring the restaurant to indemnify the third-party restaurant reservation service, any independent contractor acting on behalf of the third-party restaurant reservation service, or any registered agent of the third-party restaurant reservation service for any harm arising from an act or omission initiated by the third-party restaurant reservation service; provided that any provision, clause, or covenant in violation of this subsection shall be void.
(c) Any person who is charged a fee or price by or through a third-party restaurant reservation service for a reservation that is advertised, listed, promoted, or sold in violation of this section; or any restaurant for which a third-party restaurant reservation service has advertised, listed, promoted, or sold a reservation in violation of this section may bring a civil action in any court of competent jurisdiction for the following:
(1) Injunctive relief to restrain or enjoin any activity in violation of this section;
(2) Actual damages; provided that the actual damages shall not exceed the total fees collected by the third-party restaurant reservation service for the subject violation; and
(3) Attorneys' fees and costs and any other remedies that the court deems appropriate.
(d) Any action alleging a violation of this section shall be brought within one year of the occurrence of the acts alleged to have violated this section.
(e) For the purposes of this section:
"Restaurant" means a food establishment in which food is provided free of charge or sold to consumers for consumption on or off the premises. "Restaurant" includes dine-in establishments, pushcarts, food stands, and vehicles.
"Third-party restaurant reservation service" means any website, mobile application, or other digital platform that:
(1) Offers or arranges for reserving on-premises service for a customer at a restaurant; and
(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contracts existing as of the effective date of this Act in a manner violative of the Contract Clause under article I, section 10, of the United States Constitution or the Hawaii State Constitution.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized Actions; Prohibition; Remedies
Description:
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes a private cause of action for civil remedies. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
102 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO RESTAURANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Prohibit third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservation services without first obtaining a written agreement from the applicable restaurant authorizing the action; and
(2) Establish civil penalties.
SECTION 2. Chapter 489J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§489J- Unauthorized restaurant reservations; prohibited. (a) No third-party restaurant reservation service shall list, advertise, promote, or sell reservations for a restaurant through the third-party restaurant reservation service's website, mobile application, or other digital platform unless the applicable restaurant or a contractual designee of the restaurant expressly authorized by the restaurant to distribute reservations to a third party agrees in writing for the third-party restaurant reservation service to list, advertise, promote, or sell reservations for that restaurant.
(b) No agreement executed pursuant to subsection (a) shall include a provision, clause, or covenant requiring the restaurant to indemnify the third-party restaurant reservation service, any independent contractor acting on behalf of the third-party restaurant reservation service, or any registered agent of the third-party restaurant reservation service for any harm arising from an act or omission initiated by the third-party restaurant reservation service; provided that any provision, clause, or covenant in violation of this subsection shall be held invalid.
(c) Any person who is charged a fee or price by or through a third-party restaurant reservation service for a reservation that is listed, advertised, promoted, or sold in violation of this section; or any restaurant for which a third-party restaurant reservation service has listed, advertised, promoted, or sold a reservation in violation of this section may bring a civil action in any court of competent jurisdiction for the following:
(1) Injunctive relief to restrain or enjoin any activity in violation of this section;
(2) Actual damages; provided that the actual damages shall not exceed the total fees collected by the third-party restaurant reservation service for the subject violation; and
(3) Attorneys' fees and costs and any other remedies that the court deems appropriate.
(d) Any action alleging a violation of this section shall be brought within one year of the occurrence of the acts alleged to have violated this section.
(e) For the purposes of this section:
"Restaurant" means a food establishment in which food is provided free of charge or sold to consumers for consumption on or off the premises. "Restaurant" includes dine-in establishments, pushcarts, food stands, and vehicles.
"Third-party restaurant reservation service" means any website, mobile application, or other digital platform that:
(1) Offers or arranges for reserving on-premises service for a customer at a restaurant; and
(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contracts existing as of the effective date of this Act in a manner violative of the Contract Clause under article I, section 10, of the United States Constitution or the Hawaii State Constitution.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized; Prohibition; Penalties
Description:
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes civil penalties. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
102 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO RESTAURANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Prohibit third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservation services without first obtaining a written agreement from the applicable restaurant authorizing the action; and
(2) Establish civil penalties.
SECTION 2. Chapter 489J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§489J- Unauthorized restaurant reservations; prohibited. (a) No third-party restaurant reservation service shall list, advertise, promote, or sell reservations for a restaurant through the third-party restaurant reservation service's website, mobile application, or other digital platform unless the applicable restaurant agrees in writing for the third-party restaurant reservation service to list, advertise, promote, or sell reservations for that restaurant.
(b) No agreement executed pursuant to subsection (a) shall include a provision, clause, or covenant requiring the restaurant to indemnify the third-party restaurant reservation service, any independent contractor acting on behalf of the third-party restaurant reservation service, or any registered agent of the third-party restaurant reservation service for any harm arising from an act or omission initiated by the third-party restaurant reservation service; provided that any provision, clause, or covenant in violation of this subsection shall be held invalid.
(c) Any person who is charged fees by a third-party restaurant reservation service for a reservation that is listed, advertised, promoted, or sold; or restaurant for which a third‑party restaurant reservation service has listed, advertised, promoted, or sold a reservation; in violation of this section may bring a civil action in any court of competent jurisdiction for the following:
(1) Injunctive relief to restrain or enjoin any activity in violation of this section;
(2) Actual damages; provided that the actual damages shall not exceed the total fees collected by the third-party restaurant reservation service for the subject violation; and
(3) Attorneys' fees and costs and any other remedies that the court deems appropriate.
(d) Any action alleging a violation of this section shall be brought within one year of the occurrence of the acts alleged to have violated this section.
(e) As used in this section:
"Restaurant" means a food establishment in which food is provided free of charge or sold to consumers for consumption on or off the premises. "Restaurant" includes dine-in establishments, pushcarts, food stands, and vehicles.
"Third-party restaurant reservation service" means any website, mobile application, or other digital platform that:
(1) Offers or arranges for reserving on-premises service for a customer at a restaurant; and
(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall not be applied so as to impair any contracts existing as of the effective date of this Act in a manner violative of the Contract Clause under article I, section 10, of the United States Constitution or the Hawaii State Constitution.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized; Prohibition; Penalties
Description:
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes civil penalties. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
102 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to restaurants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§489J- Unauthorized restaurant reservations; prohibited. (a) No third-party restaurant reservation service shall list, advertise, promote, or sell reservations for a restaurant through the third-party restaurant reservation service's website, mobile application, or other digital platform unless the applicable restaurant agrees in writing for the third-party restaurant reservation service to list, advertise, promote, or sell reservations for that restaurant.
(b) No agreement executed pursuant to subsection (a) shall include a provision, clause, or covenant requiring the restaurant to indemnify the third-party restaurant reservation service, any independent contractor acting on behalf of the third-party restaurant reservation service, or any registered agent of the third-party restaurant reservation service for any harm by an act or omission initiated by the third-party restaurant reservation service; provided that any provision included in an agreement in violation of this subsection shall be held invalid.
(c) Any person who is charged fees by a third-party restaurant reservation service for a reservation that is listed, advertised, promoted, or sold; or restaurant for which a third‑party restaurant reservation service has listed, advertised, promoted, or sold a reservation; in violation of this section may bring a civil action in any court of competent jurisdiction for the following:
(1) Injunctive relief to restrain or enjoin any activity in violation of this section;
(2) Actual damages; provided that the actual damages shall not exceed the total fees collected by the third-party restaurant reservation service for the subject violation; and
(3) Attorneys' fees and costs and any other remedies that the court deems appropriate.
(d) Any action alleging a violation of this section shall be brought within one year of the occurrence of the acts alleged to have violated this section.
(e) As used in this section:
"Restaurant" means a food establishment in which food is provided free of charge or sold to consumers for consumption on or off the premises. "Restaurant" includes dine-in establishments, pushcarts, food stands, and vehicles.
"Third-party restaurant reservation service" means any website, mobile application, or other digital platform that:
(1) Offers or arranges for reserving on-premises service for a customer at a restaurant; and
(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized; Prohibition; Penalties
Description:
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes civil penalties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| May 19, 2025 | Act 077, on 05/19/2025 (Gov. Msg. No. 1177). |
| May 19, 2025 | Act 077, 05/19/2025 (Gov. Msg. No. 1177). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none. |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 66) as amended in (CD 1). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 66). |
| Apr 23, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Matayoshi, Todd, Pierick; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| Apr 23, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Keohokalole, Rhoads, Fukunaga, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 22, 2025 | Conference committee meeting to reconvene on 04-23-25 1:31PM; Conference Room 224. |
| Apr 21, 2025 | Conference committee meeting scheduled for 04-22-25 1:30PM; Conference Room 224. |
| Apr 17, 2025 | Received notice of Senate conferees (Sen. Com. No. 829). |
| Apr 17, 2025 | Senate Conferees Appointed: Keohokalole Chair; Rhoads Co-Chair; Fukunaga, McKelvey, Awa. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 731). |
| Apr 14, 2025 | House Conferees Appointed: Matayoshi, Todd Co-Chairs; Pierick. |
| Apr 8, 2025 | Received notice of disagreement (Sen. Com. No. 774). |
| Apr 8, 2025 | Senate disagrees with House amendments. |
| Apr 8, 2025 | Received from House (Hse. Com. No. 569). |
| Apr 4, 2025 | Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate. |
| Apr 2, 2025 | Forty-eight (48) hours notice Friday, 04-04-25. |
| Apr 2, 2025 | Reported from JHA (Stand. Com. Rep. No. 1764) as amended in HD 2, recommending passage on Third Reading. |
| Mar 20, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Cochran, Hashem. |
| Mar 18, 2025 | Bill scheduled to be heard by JHA on Thursday, 03-20-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 18, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ward excused (2). |
| Mar 18, 2025 | Reported from CPC (Stand. Com. Rep. No. 1297) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 12, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Iwamoto, Kong, Marten, Tam, Pierick; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Ichiyama, Lowen. |
| Mar 10, 2025 | Bill scheduled to be heard by CPC on Wednesday, 03-12-25 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to CPC, JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 82) in amended form (SD 2). |
| Mar 4, 2025 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 1056) with recommendation of passage on Third Reading, as amended (SD 2). |
| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard. |
| Feb 18, 2025 | The committee(s) on JDC will hold a public decision making on 02-21-25 10:20AM; Conference Room 016 & Videoconference. |
| Feb 10, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Feb 10, 2025 | Reported from CPN (Stand. Com. Rep. No. 164) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Jan 28, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 5 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey, Richards, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Jan 23, 2025 | The committee(s) on CPN has scheduled a public hearing on 01-28-25 9:30AM; Conference Room 229 & Videoconference. |
| Jan 16, 2025 | Referred to CPN, JDC. |
| Jan 15, 2025 | Introduced and passed First Reading. |
| Jan 9, 2025 | Pending Introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
|
| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
|
| Apr 4, 2025 | Third Reading | House Floor |
Passed |
|
| Mar 20, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Mar 12, 2025 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
|
| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
|
| Feb 21, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Jan 28, 2025 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Booking Holdings, Inc. | ** Support | |
| Booking Holdings, Inc. | ** Support | |
| Consumer Affairs | ** Against | |
| Hawaiʻi Restaurant Association | ** Support | |
| Office of Consumer Protection of the Department of Commerce | ** Against | |
| OpenTable | ** Support |
CONFERENCE COMMITTEE REP. NO. 66
Honolulu, Hawaii
, 2025
RE: S.B. No. 102
S.D. 2
H.D. 2
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 102, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO RESTAURANTS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Prohibit third-party restaurant reservation services from advertising, listing, promoting, or selling restaurant reservation services without first obtaining a written agreement from the applicable restaurant authorizing the action; and
(2) Establish a private cause of action for civil remedies.
Your Committee on Conference finds that many third-party restaurant reservation services partner with restaurants to provide consumers with the convenience of planning their dining experiences in advance. Your Committee on Conference further finds that, although these services can be beneficial for both consumers and restaurants, there has been a growing number of third parties using predatory methods to advertise and sell restaurant reservations to consumers at high costs or without the restaurant's knowledge. This practice has negatively impacted restaurants by increasing the likelihood of no-shows which can increase costs for consumers. This measure prohibits third parties from rendering reservation services without first obtaining the express written consent from the restaurant to render such services.
Your Committee on Conference has amended this measure by:
(1) Clarifying that no third-party restaurant reservation service shall advertise, list, promote, facilitate, enable, or sell reservations for a restaurant without the express written consent from the restaurant;
(2) Deleting language that would have prohibited the written consent agreements from including indemnification provisions;
(3) Removing the non-impairment clause;
(4) Amending section 1 to reflect its amended purpose;
(5) Making it effective upon its approval; and
(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 102, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 102, S.D. 2, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
|
ON THE PART OF THE HOUSE |
|
ON THE PART OF THE SENATE |
|
____________________________ SCOT Z. MATAYOSHI Co-Chair |
|
____________________________ JARRETT KEOHOKALOLE Chair |
|
____________________________ CHRIS TODD Co-Chair |
|
____________________________ KARL RHOADS Co-Chair |
|
|
|
|
|
|
|
|
STAND. COM. REP. NO. 1764
Honolulu, Hawaii
, 2025
RE: S.B. No. 102
S.D. 2
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 102, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO RESTAURANTS,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Hawaiʻi Restaurant Association; Booking Holdings, Inc.; and one individual. Your Committee received comments on this measure from American Express Company.
Your Committee finds that unauthorized third-party restaurant reservation services mislead consumers and create unnecessary burdens for restaurants. This measure addresses these issues by prohibiting third parties from listing or selling reservations without the restaurant's prior written consent and establishing a legal remedy for affected businesses.
Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 102, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 102, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
STAND. COM. REP. NO. 1297
Honolulu, Hawaii
, 2025
RE: S.B. No. 102
S.D. 2
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 102, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO RESTAURANTS,"
begs leave to report as follows:
Your Committee finds that many restaurants partner with third-party restaurant reservation services to provide consumers with the convenience of planning dining experiences in advance. Your Committee further finds that reservation piracy where third parties use predatory computer bots to make and sell reservations to consumers at high costs have occurred in other jurisdictions. This practice negatively impacts restaurants by increasing the likelihood of no-shows and negatively impacts consumers by increasing the costs of the dining experience without increasing the value. This measure prohibits the practice of rendering reservation services without the express consent of the restaurant to render such services.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 102, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 102, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
|
|
|
____________________________ SCOT Z. MATAYOSHI, Chair |
|
|
|
|
STAND. COM. REP. NO. 1056
Honolulu, Hawaii
RE: S.B. No. 102
S.D. 2
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 102, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO RESTAURANTS,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Prohibit third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservation services without first obtaining a written agreement from the applicable restaurant authorizing the action; and
(2) Establish civil penalties.
Your Committee received testimony in support of this measure from Booking Holdings, Inc. and one individual.
Your Committee received testimony in opposition to this measure from the Office of Consumer Protection of the Department of Commerce and Consumer Affairs.
Your Committee finds that the recent proliferation of restaurant piracy negatively impacts restaurants, their employees, and diners. Most restaurants run on razor-thin profit margins, and a few no-shows on any given day, often the byproduct of reservation piracy, can mean an independent restaurant is unprofitable or employees are unable to earn the income they rely on. Unauthorized restaurant reservation listings by third-party restaurant reservation services can also hurt consumers through misleading advertisements, promotions, or false reservation sales. By requiring written authorization from a restaurant permitting advertising from a third-party restaurant reservation service, this measure will protect both restaurants and consumers from predatory reservation behaviors.
Your Committee notes that this measure, as written, does not take into account legitimate reservation listings by authorized third-parties on other websites. Your Committee also notes that the cause of action in this measure omits cases where the pirating platform either charges no fee or only charges a fee to the seller, not the diner. To ensure that these issues are addressed, your Committee believes that amendments to this measure are necessary.
Accordingly, your Committee has amended this measure by:
(1) Allowing a contractual designee of a restaurant to agree on behalf of the restaurant for a third-party restaurant reservation service to list, advertise, promote, or sell reservations for the restaurant;
(2) Clarifying that the civil action established by this measure applies to a third-party restaurant reservation service that charges a person fees or any price by, or through, the third-party service for a reservation that is listed, advertised, promoted, or sold in violation of the requirements established by this measure; and
(3) Making a technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 102, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 102, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
|
|
________________________________ KARL RHOADS, Chair |
|
|
|
|
STAND. COM. REP. NO. 164
Honolulu, Hawaii
RE: S.B. No. 102
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 102 entitled:
"A BILL FOR AN ACT RELATING TO RESTAURANTS,"
begs leave to report as follows:
The purpose and intent of this measure is to protect restaurant businesses and consumers in the State by prohibiting third-party restaurant reservation services from offering or providing restaurant reservation services for a restaurant without first obtaining written authorization from the restaurant and establishing penalties.
Your Committee received testimony in support of this measure from the Hawaiʻi Restaurant Association.
Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that unauthorized restaurant reservation service listings can sometimes be misleading to consumers and detrimental to restaurants. When a third-party reservation service lists a restaurant on their website or other platform, they are, in essence working as an agent of the restaurant. This measure requires that these third-party reservation services obtain written authorization before listing a restaurant on their platform to ensure that the restaurant's description, services, and offers are accurately reflected on the third-party platform.
Your Committee acknowledges the testimony of the Department of the Attorney General, which raised concerns that this measure may be subject to constitutional challenges under the First Amendment of the United States Constitution, as a potential restriction on commercial speech, and under the Contract Clause, of the United States Constitution, as an impairment of contracts. Amendments to this measure are therefore necessary to address these concerns.
Accordingly, your Committee has amended this measure by:
(1) Inserting legislative findings specifying the State's interest in preventing the substantial misconduct prohibited by this measure;
(2) Inserting language to clarify that this measure shall not be applied so as to impair any contract existing as of the effective date in a manner that would violate the Hawaii State Constitution or the Contract Clause under the United States Constitution;
(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 102, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 102, S.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,
|
|
|
________________________________ JARRETT KEOHOKALOLE, Chair |
|
|
|
|
Discussed in Hearing
1MIN
Conference Committee
1MIN
Conference Committee
52SEC
House Standing Committee on Judiciary & Hawaiian Affairs
30SEC
House Standing Committee on Consumer Protection & Commerce
3MIN
Senate Standing Committee on Commerce and Consumer Protection
Bill Author
Bill Co-Author(s):
