THE SENATE

S.B. NO.

158

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DECEPTIVE TRADE PRACTICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that Hawaii residents are often barred from claiming offers for free or reduced rate shipping, which are more commonly available to purchasers in other states. Many retailers also apply an arbitrary shipping cost to Hawaii residents, which does not correlate with the actual cost of shipping.

The purpose of this Act is to establish that charging shipping and delivery charges that exceed the actual cost charged to the seller to ship or deliver a commodity to a consumer in the State shall constitute an unfair and deceptive practice.

SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"481B-   Shipping charges. (a) In the sale or purchase of any consumer commodity or consumer package to be shipped or delivered to a consumer in the State, if a seller imposes a separate charge for shipping or delivery to a consumer, that charge shall not exceed the actual cost charged to the seller to ship or deliver the commodity to a consumer in the State.

(b) For the purposes of this section:

"Consumer commodity" shall have the same meaning as in section 486-1.

"Consumer package" shall have the same meaning as in section 486-1."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Deceptive Trade Practices; Shipping Charges; Delivery Charges; Consumer Commodities; Consumer Packages

 

Description:

Establishes that charging shipping and delivery charges that exceed the actual cost charged to the seller to ship or deliver a consumer commodity or consumer package to a consumer in Hawaii constitutes an unfair and deceptive practice. Effective 7/1/2050. (SD1)

 

 

 

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