HOUSE OF REPRESENTATIVES

H.B. NO.

336

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to the motor vehicle rental industry.

 

 

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

 


     SECTION 1.  Chapter 437D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§437D-    Motor vehicle theft disclosure requirements; vehicle posting requirements.  (a)  Every lessor shall provide a warning to lessees cautioning the lessee against leaving valuables in the vehicle.  This warning shall include:

     (1) A provision in each rental agreement, written in plain language and in at least ten-point boldface, alerting the lessee not to leave valuables in the vehicle; and

     (2)  The display of a decal placed in a conspicuous location in each rental motor vehicle, warning the lessee not to leave valuables in the vehicle.

     (b)  The director shall establish a vehicle theft reporting form which includes the number of vehicle thefts in a given year and the type, make, and model of vehicles affected.  Every lessor shall submit a copy of the above form, completed with the relevant information, to the director within one month after the end of the preceding calendar year beginning January 1, 2014.  Within two months after the end of the preceding calendar year, the director shall compile the vehicle theft reporting forms received from the lessors and post a link on the department of commerce and consumer affairs' website to a publicly accessible electronic version of the information.

     (c)  The lessor shall make available to the public a copy of the vehicle theft reporting form that was submitted to the director for the preceding year and shall conspicuously display at the rental area of each rental location a notice, in plain language and printing, that such report is available."  

     SECTION 2.  Section 437D-15, Hawaii Revised Statutes, is amended to read as follows:

     "§437D-15  Unfair trade practices.  Each lessor, and each officer, employee, agent, and other representative thereof, is prohibited from engaging in any practice constituting a violation of chapter 480.  The following shall be per se violations of section 480-2:

     (1)  The making of any material statement that has the tendency or capacity to mislead or deceive, either orally or in writing, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;

     (2)  The omission of any material statement that has the tendency or capacity to mislead or deceive, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;

     (3)  The making of any statement to the effect that the purchase of a damage waiver is mandatory;

     (4)  Any violation of sections 437D-5 through 437D-14, [and] section [437D-17.5;] 437D-17.5, and 437D-  ;         

     (5)  The charging by the lessor to a lessee of:

         (A)  More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community, if the vehicle is repaired;

         (B)  More than the actual cash value of a vehicle if it is declared a total loss;

         (C)  More than the diminution in value of a vehicle if it is not repaired and not declared a total loss; or

         (D)  More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community if the vehicle is not repaired and is not declared a total loss but is determined by the lessor to be no longer in rentable condition; provided that the vehicle shall not be rented or leased by the lessor to any other lessee after that determination has been made by the lessor.

          To the extent the lessor obtains recovery from a third party, the lessor shall not recover any amount specified in this paragraph from the lessee;

     (6)  The making of any statement by the lessor to the effect that the lessee is or will be confined to remain within boundaries specified by the lessor unless payment or an agreement relating to the payment of damages has been made by the lessee;

     (7)  The charging of a lessee more than a reasonable estimate of the actual income lost for loss of use of a vehicle; and

     (8)  The charging of a lessee more than actual towing charges."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Motor Vehicle Rental Industry; Vehicle Theft Disclosures

 

Description:

Requires lessors of rental vehicles to provide lessees with warnings reminding the lessees not to leave valuables in rented vehicles.  Requires lessors to provide rental vehicle theft statistics to the Department of Commerce and Consumer Affairs.

 

 

 

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