REPORT TITLE:



DESCRIPTION:


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

RELATING TO MOTOR VEHICLE INSURANCE.



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

 1      SECTION 1.  Section 431:10C-111, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c) No insurer shall refuse to continue a motor vehicle
 
 4 insurance policy based solely upon a person's race, creed, ethnic
 
 5 extraction, age, sex, length of driving experience, marital
 
 6 status, residence, physical handicap, credit bureau rating, or
 
 7 because an insured has elected to obtain any required or optional
 
 8 coverage or deductible required by law.  If an insured alleges
 
 9 that the insurer's refusal to continue the motor vehicle
 
10 insurance policy is based solely upon the insured's race, creed,
 
11 ethnic extraction, age, sex, length of driving experience,
 
12 marital status, residence, physical handicap, credit bureau
 
13 rating, or because the insured has elected to obtain any required
 
14 or optional coverage or deductible provided by law, the burden of
 
15 proof shall rest with the insurer to prove that the refusal to
 
16 continue the policy was not based on noncompliance with this
 
17 [section.] subsection."
 
18      SECTION 2.  Section 431:10C-117, Hawaii Revised Statutes, is
 
19 amended by amending subsections (b) and (c) to read as follows:
 

 
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 1      "(b)  Any person[, in the capacity of a licensed or
 
 2 unlicensed motor vehicle insurer, self-insurer, general agent,
 
 3 subagent, solicitor, or other representative,] subject to this
 
 4 article who violates any provision of this article shall be
 
 5 assessed a civil penalty not to exceed $5,000 for each violation.
 
 6      (c)  Any person[, in the capacity of a licensed or
 
 7 unlicensed motor vehicle insurer, self-insurer, general agent,
 
 8 subagent, solicitor, or other representative,] subject to this
 
 9 article who knowingly violates any provision of this article
 
10 shall be assessed a civil penalty of not less than $3,000 and not
 
11 to exceed $10,000 for each violation."
 
12       SECTION 3.  Section 431:10C-207, Hawaii Revised Statutes,
 
13 is amended to read as follows:
 
14      "431:10C-207  Discriminatory practices prohibited.  No
 
15 insurer shall base any underwriting guideline, standard or rating
 
16 plan, in whole or in part, directly or indirectly, upon a
 
17 person's race, creed, ethnic extraction, age, sex, length of
 
18 driving experience, credit bureau rating, marital status,
 
19 residence, or physical handicap."
 
20      SECTION 4. Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 5.  This Act shall take effect upon its approval. 
 
23 
 

 
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 1                       INTRODUCED BY:  ___________________________
 

 
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