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2007 SUMMARY OF NEW STATE LAWS - HAWAII

Hawaii State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 90

227

Market Conduct

Enacts the National Conference of Insurance Legislators Market Conduct Surveillance Model Law, which requires the insurance commissioner to conduct market conduct examinations of domestic and foreign insurers; relates to insurance. Effective: July 1, 2007.

HB 154

198

Motor vehicle insurance - traffic offenses

Redefines highly intoxicated driver. Establishes evidence and sentencing parameters for highly intoxicated drivers. Establishes minimum and maximum administrative license revocation periods for highly intoxicated drivers; relates to use of intoxicants while operating a motor vehicle. Effective: July 1, 2007.

HB 272

232

Captives

Allows captive insurance companies to be formed as limited liability companies. Clarifies minimum capital and surplus requirements. Increases investment flexibility for pure captives. Effective: July 1, 2007.

HB 375

125

Motor vehicle insurance - traffic safety

Clarifies a driver's duty to stop or yield the right of way to a pedestrian in a crosswalk when traffic-control signals are not in place or in operation; provides that the driver of a vehicle shall stop for a pedestrian who is crossing the roadway in a crosswalk when the pedestrian is either on the same half of the roadway as the vehicle or approaching the vehicle so closely from the other side of the road as to be in danger and shall not proceed until the pedestrian has passed. Effective: June 4, 2007.

HB 657

8

Motor vehicle insurance - towing issues

Allows the waiver of public auction of a towed vehicle that has not been claimed and the vehicle is missing major components or is so materially damaged as to render the vehicle inoperable and the registration period has expired for the vehicle. Effective: April 9, 2007.

HB 895

269

Motor vehicle insurance - towing issues

Allows counties to increase vehicle registration fees; Increases towing and storage fees tow companies are allowed to charge; Decreases the number of days required to notify a motor vehicle owner; Decreases the number of days the motor vehicle owner has to claim the motor vehicle; relates to abandoned vehicle. Effective: July 1, 2007.

HB 1155

98

Property insurance

Clarifies calculation of criminal property damages to agricultural products to include the amount of damages to agricultural products and equipment, the amount of damages includes future losses and the loss of future production. Effective: July 1, 2007.

HB 1158

11

Arson

Adds recklessness to the state of mind requirement for arson in the fourth degree; Clarifies that 10,000 square feet is only the minimum amount of property damage that is required to trigger special sentencing for arson. Effective: April 9, 2007.

HB 1204

13

Motor vehicle insurance - traffic offenses

Eliminates requirement that arrest citations contain an offender's full social security number; authorizes verification of arrest citation and traffic crime complaint by declaration in accordance with rules of court; relates to criminal procedure. Effective: April 9, 2007.

HB 1287

29

Property insurance

Eliminates the permanent escheatment of unclaimed property to the State. Effective: April 20, 2007.

HB 1322

214

Fees

Re-establishes the issuance and all services fees applicable to limited line motor vehicle rental company insurance producer's licensee; requires adjusters and independent bill reviewers' place of business be the place where the licensee principally conducts transactions under the license. Effective: July 1, 2007.

HB 1323

224

Captives

Establishes a $200,000 maximum annual Premium Tax paid by captive insurance companies licensed by the Department of Commerce and Consumer Affairs. Effective: July 1, 2007.

HB 1427

7

Motor vehicle insurance - traffic safety

Changes the minimum headlamp height requirement from 24 inches to 22 inches. Deletes the requirement that a license plate be attached no lower than 12" above the ground. Effective: April 9, 2007.

HB 1612

189

Identity theft - security freeze

Allows any consumer who is a resident of the State to place a security freeze on the consumer's credit report by making a written request to the consumer credit reporting agency and including a copy of the police report; provides that a consumer credit reporting agency shall not charge a victim of identity theft a fee for placing, lifting, or removing a security freeze, but may charge any other consumer a fee. Effective: July 1, 2007.

HB 1833

251

Surety

Prohibits person or entity requiring a bid, payment, or performance bond from designating a particular surety from whom the bond is to be obtained; relates to surety. Effective: July 3, 2007.

SB 784

74

Motor vehicle insurance - traffic offenses

Provides that conviction or license revocation for violation of provisional driver licensing law does not give rise to requirement that person provide proof of financial responsibility; relates to provisional driver's license. Effective: May 18, 2007.

SB 795

82

Building Codes

Requires the department of accounting and general services to establish a state building code that includes hurricane resistive criteria that incorporates building code plans from each county; relates to integrated state building code. Effective: July 1, 2007.

SB 1287

43

Motor vehicle insurance - commercial auto

Clarifies the period of time for safety inspection of motor carrier vehicles with a certain weight rating. Effective: January 1, 2008.

SB 1402

80

Catastrophe-related legislation

Authorizes the release of a specified amount for FY 2007-2008 from the Loss Mitigation Grant Fund to provide grants for wind resistive devices. Effective: July 1, 2007.

SB 1410

233

Military personnel insurance-related legislation

Conforms current statutes to recommendations of the National Association of Insurance Commissioners (NAIC) with respect to, the authority required to implement rules to carry out the directives of the federal Military Personnel Financial Services Protection Act, long-term care insurance, and the sharing of information with the insurance regulatory agencies of foreign countries. Effective: July 1, 2007.

SB 1425

81

Catastrophe-related legislation

Ensures an adequate supply of licensed contractors available to perform necessary repairs and reconstruction work during a state of emergency or disaster. Effective:

SB 1509

42

Motor vehicle insurance - traffic enforcement

Allows the Director of Transportation and highway engineers to use evaluation of traffic demand and traffic volumes to establish occupancy requirements for high occupancy vehicle lanes. Effective: July 1, 2007.

SB 1528

69

Motor vehicle insurance - traffic offenses

Clarifies that all traffic violations subject to the penalty provisions of specified law are treated as civil matters. Effective: May 16, 2007.

SB 1529

85

Motor vehicle insurance - traffic offenses

Expands scope of traffic infractions law to include infractions committed by minors; Permits concurrent trials and clarifies requirements; Clarifies citation form requirements; Authorizes use of electronic citations; relates to traffic infractions. Effective: January 1, 2008.

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.