HOUSE OF REPRESENTATIVES

H.B. NO.

639

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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)

 

 

 

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