CONFERENCE COMMITTEE REP. NO. 149-16

Honolulu, Hawaii

                 , 2016

RE:    H.B. No. 260

       H.D. 1

       S.D. 1

       C.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 260, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to close insurance gaps associated with transportation network companies by establishing motor vehicle insurance requirements for transportation network companies and transportation network company drivers.

     Your Committee on Conference has amended this measure by:

     (1)  Specifying that solely for the purposes of the required motor vehicle insurance, neither a transportation network company nor a transportation network company driver shall be deemed to be a common carrier by motor vehicle, a contract carrier by motor vehicle, a motor carrier as defined in section 271-4, Hawaii Revised Statutes, a taxicab, or a for-hire vehicle service;

     (2)  Clarifying the motor vehicle insurance requirements for a transportation network company driver or transportation network company on the transportation network company driver's behalf, including:

          (A)  Specifying that the insurance requirements contained in this measure shall take effect on September 1, 2016;

          (B)  Specifying that any named insured may accept or reject the optional coverages required to be offered by insurers pursuant to this measure;

          (C)  Adding additional disclosure requirements that the insurer or transportation network company must disclose to a driver where the transportation network company is the only named insured under the motor vehicle insurance policy;

          (D)  Clarifying that passengers and pedestrians continue to be entitled to their own motor vehicle insurance benefits, subject to the limitations in the transportation network company driver's or the vehicle owner's personal motor vehicle policy;

          (E)  Clarifying the records requirements for transportation network companies;

     (3)  Requiring the Insurance Commissioner to conduct an annual study on the impact of this measure on personal motor vehicle insurance rates in the State and submit a report to the Legislature prior to the convening of the Regular Sessions of 2017, 2018, 2019, 2020, and 2021;

     (4)  Specifying that this measure shall take effect upon its approval and be repealed on September 1, 2021; and

     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 260, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 260, H.D. 1, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ ROSALYN H. BAKER, Chair	____________________________ ANGUS L.K. MCKELVEY, Co-Chair
____________________________ JILL N. TOKUDA, Co-Chair	____________________________ HENRY J.C. AQUINO, Co-Chair
	____________________________ SYLVIA LUKE, Co-Chair