Bill Text: HI HB2112 | 2024 | Regular Session | Amended
Bill Title: Relating To Moped Insurance.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed) 2024-03-27 - The committee on CPN deferred the measure. [HB2112 Detail]
Download: Hawaii-2024-HB2112-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2112 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOPED INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to require that persons operating mopeds in the State carry an insurance policy.
SECTION 2. Chapter 431, Article 10G, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"ARTICLE 10G
MOTORCYCLE, MOPED, AND MOTOR SCOOTER
INSURANCE"
SECTION 3. Section 431:10G-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Moped" has the same meaning as in section 286-2."
SECTION 4. Section 431:10G-102, Hawaii Revised Statutes, is amended to read as follows:
"§431:10G-102 Conditions of operation and registration of motorcycles, mopeds, and motor scooters. No person shall drive a motorcycle, moped, or motor scooter upon any public street, road, or highway of this State at any time unless such motorcycle, moped, or motor scooter is insured at all times under a liability policy as provided in section 431:10G-301; provided that this article shall not apply to any antique motorcycle or motor scooter as defined in section 249-1."
SECTION 5. Section 431:10G-103, Hawaii Revised Statutes, is amended to read as follows:
"§431:10G-103 Motorcycle, moped, or motor scooter self-insurance. The motorcycle, moped, or motor scooter insurance required by section 431:10G-102 may be satisfied by any owner of a motorcycle, moped, or motor scooter if:
(1) Such owner provides proof of qualifications as a self-insurer, and a surety bond or other securities affording security substantially equivalent to that afforded under a policy meeting the requirements of section 431:10G-301 and providing coverage at all times for the entire motorcycle, moped, or motor scooter registration period, as determined and approved by the commissioner under rules; and
(2) The commissioner is satisfied that in case of injury, death, or property damage, any claimant would have the same rights against such owner as the claimant would have had if a policy meeting the requirements of section 431:10G-301 had been applicable to such motorcycle, moped, or motor scooter."
SECTION 6. Section 431:10G-201, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§431:10G-201 Making of motorcycle, moped, and motor scooter insurance rates. (a) All premium rates for motorcycle, moped, and motor scooter insurance shall be made in accordance with the following provisions:
(1) Rates shall not be excessive, inadequate, or unfairly discriminatory;
(2) Due consideration shall be given to:
(A) Past and prospective loss experience within and outside this State, catastrophe hazards, if any, reasonable margin for profit, and contingencies, dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers;
(B) Past and prospective expenses both country-wide and those specially applicable to this State in the sale and administration of motorcycles, moped, and motor scooters insurance; and
(C) Investment income from reserves, unearned insurance premiums, and other unearned proceeds received on account of motorcycle, moped, and motor scooter insurance sold, and all other factors that may be deemed relevant, if they are established to have a probable effect upon losses, expense, or rates, such as but not limited to types of vehicles, occupations, and involvement in past accidents;
(3) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any insurer or group with respect to any class of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable; and
(4) Risks may be grouped by classifications for the establishing of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. The standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses."
SECTION 7. Section 431:10G-301, Hawaii Revised Statutes, is amended to read as follows:
"§431:10G-301 Required motorcycle, moped, and motor scooter policy coverage. (a) An insurance policy covering a motorcycle, moped, or motor scooter shall provide insurance in the following amounts to pay, on behalf of the owner or any operator of the insured motorcycle, moped, or motor scooter, sums that the owner or any operator may legally be obligated to pay for injury, death, or damage to the property of others, except property owned by, being transported by, or in charge of the insured that arise out of the ownership, operation, maintenance, or use of the motorcycle, moped, or motor scooter:
(1) Liability coverage of not less than $20,000 per person, with an aggregate limit of $40,000 per accident, for all damages arising out of accidental harm sustained as a result of any one accident; and
(2) Liability coverage of not less than $10,000 for all damages arising out of injury to or destruction of property, including motorcycles, mopeds, or motor scooters and including the loss of use thereof, but not including property owned by, being transported by, or in the charge of the insured, as a result of any one accident.
(b) At the option of the owner, each insurer shall:
(1) Offer medical payment coverage up to $10,000 to pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, dental, ambulance, hospital, professional, and nursing services;
(2) Offer an income disability plan; and
(3) Offer liability coverage in excess of the minimum coverages required by this section.
(c) Any operator or passenger of a motorcycle, moped, or motor scooter as defined in section 286-2 who receives injuries or dies in a motor vehicle accident may not claim personal injury protection benefits under a motor vehicle insurance policy, unless expressly provided for in the motor vehicle policy."
SECTION 8. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
Mopeds; Insurance
Description:
Requires that moped operators carry an insurance policy. Makes conforming amendments. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
