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2005 Summary of New State Laws - Hawaii

(Preliminary List of 2005 Approved/Pending Legislation)

Issue

Bill #

Bill Description

Motor Vehicle Insurance

(Rental Vehicle Surcharge)

HB 390

Repeals the rental motor vehicle surcharge tax of $3 per day levied between September 1, 1999 and August 31, 2007. LAW. Public Act 67, Laws of 2005. Effective upon approval.

(Traffic Safety - Graduated Driver's License)

HB 150

Establishes a three-stage provisional - graduated - licensing system for young drivers with a five-year sunset after which the state is required to review data to determine the effectiveness of this program at reducing traffic fatalities. Sent to Governor 5/5/05.

Miscellaneous New Insurance Laws

(Insurer Assessments)

HB 160

Exempts insurers from assessments and fees paid into the Compliance Resolution Fund. Provides a formula for determining assessments to be paid by each line of insurance, cap the assessments at $5 million per fiscal year, and require at least 60 days' notice to insurers of the assessments. Sent to the Governor 5/5/05.

Rate Regulation

HCR 83

Requests the insurance division conduct a review of NCOIL P/C Insurance Modernization Act as amended on November 21, 2003. Transmitted to public 5/10/05.

Workers' Compensation

(State Oversight)

SB 1808

Revokes workers' compensation rule making authority of the director of the department of labor and industrial relations and amends provisions regarding vocational rehabilitation and claims filing. Sent to the to the Governor 5/6/05.

2005 Legislation Carried Over to 2006

Tort Reform

(Homeowner's Liability)

HB 833

Would provide immunity from liability to residential property owners for damages suffered by a person who trespasses with the intent to commit a crime.

Miscellaneous New

(Loss Mitigation - Wind Damage)

SB 1129

Would reduce the reimbursement amount to homeowners under the loss mitigation grant program from 50% to 35% of the cost of wind resistive devices.

Surplus Lines

SB 751

Amends various provisions regarding surplus lines brokers and adjusters.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Hawaii State Resource Center