Bill Text: HI HB639 | 2023 | Regular Session | Amended
Bill Title: Relating To Insurance.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2023-03-07 - Recommitted to CPC with none voting no and Representative(s) Quinlan excused. [HB639 Detail]
Download: Hawaii-2023-HB639-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
639 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 431:10C-801, Hawaii Revised Statutes, is amended as follows:
1. By amending the definitions of "car-sharing termination time" and "peer-to-peer car-sharing" to read:
""Car-sharing termination
time" means the [latest] earliest of the following events:
(1) The expiration of the agreed upon period of time established for the use
of a shared car according to the terms of the car-sharing program agreement if
the shared car is delivered to the location agreed upon in the car-sharing
program agreement;
(2) When
the shared car is returned to a location as alternatively agreed upon by the
shared car owner and shared car driver as communicated through a peer-to-peer
car-sharing program[;], which alternatively agreed upon location
shall be incorporated into the car-sharing program agreement; or
[(3) When
a shared car is returned to the location agreed upon in the car-sharing program
agreement or alternatively agreed upon by the shared car owner and the shared
car driver, as communicated through a peer-to-peer car-sharing program, before
the expiration of the period of time established for the use of a shared car
according to the terms of the car-sharing program agreement, and the shared car
driver notifies the peer-to-peer car-sharing program of the location of the
shared car;
(4) When
a shared car, during the car-sharing period, cannot safely or legally be
operated and the shared car driver notifies the peer-to-peer car-sharing
program that the shared car is inoperable and identifies the location of the
shared car;
(5) When
the shared car owner receives notice of a safety recall affecting the shared
car and the shared car driver returns the shared car to the location agreed
upon in the car-sharing program agreement, or alternatively agreed upon by the
shared car owner and the shared car driver, and the shared car driver notifies
the peer-to-peer car-sharing program of the location of the shared car; or
(6)] (3) When the shared car owner or the shared car
owner's authorized designee takes possession and control of the shared car.
"Peer-to-peer car-sharing" means
the authorized operation, use, or control of a motor vehicle by an
individual other than the motor vehicle's owner through a peer-to-peer
car-sharing program. "Peer-to-peer
car-sharing", for the purposes of assessing a vehicle surcharge tax, does
not mean the business of providing rental motor vehicles to the public as that
phrase is used in section 251-3."
2.
By amending the definitions of "peer-to-peer car-sharing
program" and "shared car" to read:
""Peer-to-peer car-sharing
program" means:
(1) Any
person who enables a shared car driver to identify, reserve, or use a shared
car owned by a shared car owner; or
(2) Any
person who enables a shared car owner to describe, list, or make available a
shared car for identification, reservation, or use by a shared car driver.
"Peer-to-peer
car-sharing program" does not include:
(1) A
transportation network company as defined in section 431:10C-701;
(2) A
car-sharing organization as defined in section 251-1;
(3) Any
person registered and acting as a travel agency pursuant to chapter 468L; [or]
(4) Any
person registered and acting as an activity desk pursuant to chapter 468M[.];
or
(5) A
lessor as defined in section 251-1 or 437D-3.
"Shared car" means a motor
vehicle that is registered pursuant to chapter 286 [and]; is not
owned[;], controlled[;], operated[;],
maintained[;], or managed by or registered, directly or
indirectly through an affiliate, to the peer-to-peer car-sharing program; and
is available for sharing through a peer-to-peer car-sharing program.
"Shared car" does not include [a]:
(1) A
rental motor vehicle or vehicle as those terms are defined in section 437D-3[.];
or
(2) A rental or U-drive motor vehicle as defined in
section 286-2."
3.
By amending the definition of "shared car owner" to read:
""Shared car owner" means
the registered owner of a shared car.
"Shared car owner" does not include a lessor as defined in section 251-1 or 437D-3."
SECTION 2. Act 56, Session Laws of Hawaii 2022, is amended by amending section 5 to read as follows:
"SECTION 5. This Act shall take effect on January 1,
2023[, and shall be repealed on June 30, 2025]."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Insurance; Motor Vehicle Insurance; Peer-to-Peer Car-Sharing; Programs; Shared Cars
Description:
Clarifies when the termination of peer-to-peer car-sharing occurs for purposes of motor vehicle insurance. Clarifies the application of the peer-to-peer car-sharing insurance laws as to other entities that make available rental vehicles under state law. Repeals the sunset of the peer-to-peer car-sharing insurance requirements. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
