HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. (a) The rental insurance working group is established within the department of commerce and consumer affairs for administrative purposes only. The working group shall examine the potential impacts of amending article 10E of the insurance code, chapter 431, Hawaii Revised Statutes, to require any real property owner who uses online marketplace and hospitality services to lease or rent residential real property as transient accommodations to self-certify, prior to the start of a lease or rental period, the fire safety of the premises by completing, signing, and filing with the property insurer that insures the property's use as transient accommodations a copy of the affidavit described under subsection (d).
(b) The working group shall consist of the following:
(1) The director of commerce and consumer affairs, or the director's designee, who shall serve as chairperson;
(2) The chair of the state fire council, or the chair's designee, who shall serve as vice-chairperson;
(3) The executive director of the office of consumer protection, or the executive director's designee;
(4) Two members to be selected by the director of commerce and consumer affairs to represent property insurers;
(5) Two members to be selected by the director of commerce and consumer affairs to represent real property owners who use online marketplace and hospitality services to lease or rent residential real property as transient accommodations; and
(6) Two members to be selected by the director of commerce and consumer affairs to represent the general public.
Working group members may recommend additional members with appropriate specialized expertise to the working group, for approval by the chairperson.
(c) Members of the working group shall be exempt from section 26-34, Hawaii Revised Statutes, and shall serve without compensation, but shall be reimbursed for reasonable expenses necessary for the performance of their duties, including travel expenses.
(d) The working group shall examine the following format for the affidavit:
Unit Street Address_______________________ City________
The signer(s) of this form does hereby state, warrant, certify, and affirm the following by marking an "X" at each:
__All doors and windows have operating hardware and operate properly.
__Every bedroom has an operating smoke detector. The area immediately outside each bedroom has an operating smoke detector or combination unit. Each floor has a minimum of one smoke detector.
__An ABC rated wall mounted fire extinguisher (4 lb. min.) is located in the kitchen and is properly charged.
__Emergency contact poster is located in a readily visible location or accessible in unit's information book.
__Any part of the basement used for sleeping has an approved egress.
__Fuse or breaker panel is clearly labeled and accessible to all tenants.
Printed Name_____________________________ Title___________
By signing above, the owner/agent of the rental unit certifies that the above statements are true. Statements found to be falsified on this affidavit will be grounds for applicable fines.
(e) The working group may recommend amendments to the contents and format of the affidavit contained in subsection (d).
(f) As part of its study under subsection (a), the working group shall also examine the potential impacts of enforcing the fire safety self-certification requirements through administrative fines imposed by the department of commerce and consumer affairs.
(g) The department of commerce and consumer affairs shall provide administrative and clerical support required by the working group.
(h) The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature not later than twenty days prior to the convening of the 2020 regular session.
(i) The working group shall cease to exist on June 30, 2020.
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of this Act.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 3. This Act shall take effect July 1, 2050.
Rental Insurance; Working Group
Requires the Director of Commerce and Consumer Affairs to establish a working group to examine the potential impacts of requiring real property owners who lease or rent residential real property as transient accommodations to complete, sign, and file with their property insurers an affidavit regarding fire safety. (HB64 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.