SB398 would amend Hawaii’s motor vehicle rental laws to prohibit rental car companies from charging a fee when a lessee’s spouse is added as an additional driver, so long as the spouse is a licensed driver and meets the company’s minimum age requirement for authorized drivers. The bill is narrowly focused on one rental-car practice and does not change the general ability of lessors to set other rental terms or fees.
The measure adds a new section to chapter 437D, Hawaii Revised Statutes, governing motor vehicle rental fees. It also includes standard provisions preserving rights and duties that accrued before the bill’s effective date and protecting existing contracts from unconstitutional impairment. The act would take effect upon approval.
Impact
If enacted, SB398 would create a new statutory restriction on motor vehicle lessors in Hawaii by barring an additional-driver fee specifically for a renter’s spouse who is otherwise eligible to drive. This would directly affect rental car companies and their fee structures, while benefiting consumers who rent vehicles with their spouses. The bill would be added to chapter 437D, which regulates motor vehicle rental practices and fees.
Sentiment
The available voting history suggests generally favorable sentiment toward the bill. The Senate Transportation and Culture and the Arts Committee passed the measure with amendments by a 5-0 vote, indicating unanimous support among voting members at that stage. No committee transcript is available, but the vote pattern suggests the proposal was viewed positively as a consumer-protection or fee-limitation measure.
Contention
The bill’s main point of potential contention is the restriction on rental car companies’ ability to charge for additional drivers, which could be seen as limiting business pricing discretion. However, the bill is narrowly tailored: it applies only to a lessee’s spouse, and only if the spouse is licensed and meets the minimum age requirement. The inclusion of contract-impairment language also indicates attention to legal concerns about applying the new rule to existing rental agreements.