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2008 SUMMARY OF NEW STATE LAWS - HAWAII

Hawaii State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 931

197

Mopeds

Relates to existing law prohibiting mopeds on roads and public property, requiring minors to wear helmets when operating mopeds, and establishing operating requirements and rules for mopeds; exempts three-wheeled mopeds from such provisions; requires three-wheeled mopeds to be insured for liability and property damage; restricts such mopeds to traveling on roadways with a specified posted speed limit or less. Effective date: July 1, 2008.

HB 2441

24

Workers' Compensation

Provides for workers' compensation coverage for students participating in school-approved work-based learning programs sponsored by the department of education or the University of Hawaii; includes a public employer. Effective date: April 22, 2008.

HB 2467

18

Fire Safety

Amends existing law to provide that the state fire code shall become part of the state building code; provides that the state shall conduct fire and safety inspections at all state-owned airport facilities at least once a year. Effective date: April 17, 2008.

HB 2954

135

Towing Issues

Allows a towing company to charge overtime fees for towing operations during certain hours; provides that a towing company shall not charge the owner of a vehicle for towing services if such owner appears on the scene and requests the vehicle be unhooked; provides that any towing company engaging in towing in a county with a specified population or more shall not be entitled to any overtime charges if services are not offered at all hours of the day and every day of the week. Effective date: June 3, 2008.

SB 1961

134

Bail Bonds

Provides for denial, nonrenewal, suspension, or revocation of the license of a bail bonding agent; specifies that bail agents shall have the fiduciary responsibilities of a trustee for all premium, return premium funds, and collateral or security received; provides for the remittance of unearned premium funds to the person entitle thereto or for the funds to be credited to a bail agent's account; prohibits bail agents from acting as an attorney for a person for which the agent has furnished bail. Effective date: July 1, 2008.

SB 2803

10

Identity Theft

Implements recommendations of the 12/2007 report of the Hawaii identity theft task force to protect the security of personal information collected and maintained by state and county government; relates to identity theft. (Same as HB 2749). Effective date: July 11, 2008.

SB 3019

142

Financial Regulation

Relates to insurance investments; revises the definitions of cash, fixed charges, institution, net earnings available for fixed charges, obligation, surplus as regard to policyholders, and Securities Valuation Office, or SVO; applies a limit to insurance investment in non-dividend paying securities, mutual funds, common trust funds, and exchange traded funds; allows an insurer to maintain reserves in reinsurance; allows an insurer to acquire foreign investments and common shares of stock filed with the SVO. (Same as HB 3097). Effective date: January 1, 2009.

SB 3023

190

Captives

Relates to insurance; authorizes the creation and regulation of special purpose financial captive insurance companies; establishes confidentiality provisions applicable to captives, including SPFCs; provides all examination reports, preliminary examination reports or results, working papers, recorded information, documents and copies produced or disclosed to the Insurance Commissioner are not subject to subpoena and may not be made public without written consent. (Same as HB 3101). Effective date: July 1, 2008.

SB 3240

50

Military Personal Insurance-Related Legislation

Provides that an expired driver's license of a member of the Armed Forces who is on active service and whose license expired while deployed outside the United States shall remain valid for a specified amount of time after the member's return to the country; extends the date of expiration of a driver's license; authorizes the examiner of drivers to issue a license for a shorter period of time if the licensee has a physical conditions that the examiner believes may impair the driver's ability to drive. Effective date: April 30, 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.