reglab/housing_qa huggingface dataset:
HI Rev Stat § 437B-26 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-26 Bond required to work on salvaged, wrecked, or dismantled motor vehicles; forfeiture.

  §437B-26 Bond required to work on salvaged, wrecked, or dismantled motor vehicles; forfeiture. (a) Any motor vehicle repair dealer desiring to engage in the business of restoring or rebuilding salvaged, wrecked, or dismantled vehicles shall submit to the board a performance bond, with corporate surety satisfactory to the board. The amount of the bond shall be not less than $25,000 and the condition of the bond shall be the satisfactory rebuilding or restoration of salvaged, wrecked, or dismantled vehicles.  (b) When the board finds that a licensee has wilfully departed from or disregarded accepted practices of workmanship with respect to work performed under section 437B-11(11), the board may, in accordance with chapter 91, order the forfeiture to the State of the performance bond submitted under subsection (a).  (c) Failure, refusal, or neglect to maintain in full force and effect a bond shall cause the automatic suspension of the license effective as of the date of expiration or cancellation of the bond. The license shall not be reinstated until a bond as required under this section is received by the board.  Failure to effect a reinstatement of a suspended license within sixty days of the suspension shall cause the license to be terminated, thereby forfeiting all license and biennial renewal fees.  A licensee may, within fifteen calendar days after receipt of notification of the license termination, request an administrative hearing pursuant to chapter 91 to review the termination. [L 1984, c 276, §2; am L 1986, c 150, §4; am L 1998, c 199, § §8, 11]
HI Rev Stat § 437D-1 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-1 Short title.

  §437D-1 Short title. This chapter shall be known and may be cited as the "Motor Vehicle Rental Industry Act". [L 1988, c 251, pt of §2]
HI Rev Stat § 437D-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-2 Scope.

  §437D-2 Scope. This chapter shall apply to all persons in the business of leasing rental motor vehicles in this State. [L 1988, c 251, pt of §2]
HI Rev Stat § 437D-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-3 Definitions.

  §437D-3 Definitions. As used in this chapter:  "Advertisement" means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. "Advertisement" does not include telephonic communications.  "Damage waiver" means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the lessor agrees, for a charge, to waive any or all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement.  "Director" means the director of commerce and consumer affairs.  "Lessee" means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement.  "Lessor" means any person in the business of providing rental motor vehicles to the public.  "Plain language" means language written or spoken in a clear and coherent manner using words with common and everyday meanings.  "Rental agreement" means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee.  "Rental cost" means the daily or periodic rate charged for the use of the rental motor vehicle, but does not include optional or refueling charges.  "Rental motor vehicle" or "vehicle" means a motor vehicle as defined in section 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less.   "Vehicle license recovery fees" includes motor vehicle weight taxes under section 249-2; fees connected with the registration of specially constructed, reconstructed, or rebuilt vehicles, special interest vehicles, or imported vehicles as referenced in section 286-41(c); license plate and emblem fees under section 249-7(b); inspection fees as referenced in section 286-26; highway beautification fees as referenced in section 286-51(b)(1); and any use tax under chapter 238. [L 1988, c 251, pt of §2; am L 2009, c 148, §1; am L 2017, c 137, §2]
HI Rev Stat § 437D-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-4 Rental agreements; delivery to director.

 §437D-4 Rental agreements; delivery to director. No lessor shall offer a rental agreement or damage waiver unless a specimen of the rental agreement or damage waiver is delivered to the director prior to its use. [L 1988, c 251, pt of §2; am L 2009, c 148, §2]
HI Rev Stat § 437D-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-5 Rental agreements; damage waivers.

  §437D-5 Rental agreements; damage waivers. (a) Each rental agreement that contains a damage waiver shall disclose, at a minimum, in plain language and in at least ten-point boldface type, the following information:  (1) That the damage waiver is optional;  (2) That the damage waiver entails an additional charge;  (3) The actual charge per day for the damage waiver;  (4) All restrictions, conditions, and provisions in or endorsed on the damage waiver;  (5) That the lessee may already be sufficiently covered and should examine the lessee's personal automobile insurance policy to determine whether it provides coverage for damage and the amount of the deductible;  (6) That by entering into the rental agreement, the lessee may be liable for damage to the rental motor vehicle; and  (7) The acknowledgment described in section 437D-11.  (b) The rental agreement shall not contain an unreasonable restriction, condition, or provision in or endorsed on a damage waiver. The damage waiver shall not exclude damages caused by ordinary negligence on the part of the lessee. [L 1988, c 251, pt of §2; am L 2009, c 148, §3]
HI Rev Stat § 437D-5.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-5.5 Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance by lessors or limited line motor vehicle rental company producers. (b) For purposes of this chapter, collision insurance means coverage to pay a specified amount to or on behalf of the lessee for claims by the lessor relating to loss of or damage to the rented vehicle. The definitions of collision insurance and damage waiver stated in this chapter shall apply only to this chapter. No definition of insurance in this chapter or in any other statute shall be deemed to include damage waiver as defined in this chapter. [L 2002, c 235, §2; am L 2009, c 148, §4]

  §437D-5.5 Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance by lessors or limited line motor vehicle rental company producers.  (b) For purposes of this chapter, collision insurance means coverage to pay a specified amount to or on behalf of the lessee for claims by the lessor relating to loss of or damage to the rented vehicle. The definitions of collision insurance and damage waiver stated in this chapter shall apply only to this chapter. No definition of insurance in this chapter or in any other statute shall be deemed to include damage waiver as defined in this chapter. [L 2002, c 235, §2; am L 2009, c 148, §4]
HI Rev Stat § 437D-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-6 Additional mandatory charges prohibited.

  §437D-6 Additional mandatory charges prohibited. The daily and periodic rental cost to the lessee shall include the amount of each charge which is required as a condition to the rental other than those charges provided for in section 437D-8.4. The lessor shall disclose as part of any quotations of price, including all quotations contained in advertising or by telephone, all payments a lessee must make in order to rent the vehicle, including all charges provided for in section 437D-8.4. [L 1988, c 251, pt of §2; am L 1997, c 140, §2]
HI Rev Stat § 437D-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-7 Rate disclosure requirements; advertising.

  §437D-7 Rate disclosure requirements; advertising. (a) Each lessor, and each officer, employee, agency, or other representative of the lessor, who states or permits to be stated the rental cost of a rental motor vehicle in any advertisement, shall state conspicuously, in plain language and in conjunction with the advertised rental cost of the vehicle, the daily rate of the applicable damage waiver, and that the rate constitutes an additional daily charge to the lessee.  (b) When a written advertisement, including all print media, contains the statement of the rental cost of a vehicle, the disclosure required by this section shall be printed in type no less than one-third the size of the type used to print the rental cost, or twelve-point type, whichever is larger. When the video presentation of a television advertisement contains the statement of the rental cost of a vehicle, the depiction of the disclosure required by this section shall be no less than one-third the size of the depiction of the rental cost. When a radio advertisement or the audio presentation of a television advertisement contains the statement of the rental cost of the vehicle, the oral statement of the rental cost shall be immediately accompanied by an oral statement of the disclosure required by this section.  (c) Except as set forth in this section, the statement of the rental cost and the disclosure shall be equally prominent in all respects. [L 1988, c 251, pt of §2; am L 2009, c 148, §5]
HI Rev Stat § 437D-8 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-8 Rate disclosure requirements; oral or written statements.

  §437D-8 Rate disclosure requirements; oral or written statements. Each lessor, and each officer, employee, agent, or other representative of the lessor, who makes any oral statement, excluding telephonic communications, or written statement of the rental cost of a vehicle, shall disclose, in plain language and in conjunction with that statement, the daily rate of the applicable damage waiver and that the rate constitutes an additional daily charge to the lessee. [L 1988, c 251, pt of §2; am L 2009, c 148, §6]
HI Rev Stat § 437D-8.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-8.5 Commissions. (a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practice as provided in section 480-2. (b) As used in this section: "Commission for selling damage waivers" includes any compensation, bonus, award, or remuneration that corresponds directly to the amount of sales of damage waivers. "Commission for selling damage waivers" does not include any compensation, bonus, award, or remuneration to an employee that corresponds to the overall gross receipts of a sales location, where sales of damage waivers are one of many factors contributing to overall gross receipts. "Sales location" means any location at which the employee worked or had oversight responsibility during the applicable compensation period. [L 1990, c 209, pt of §1; am L 1991, c 227, §1; am L 2003, c 155, §2; am L 2009, c 148, §7]

  §437D-8.5 Commissions. (a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practice as provided in section 480-2.  (b) As used in this section:  "Commission for selling damage waivers" includes any compensation, bonus, award, or remuneration that corresponds directly to the amount of sales of damage waivers. "Commission for selling damage waivers" does not include any compensation, bonus, award, or remuneration to an employee that corresponds to the overall gross receipts of a sales location, where sales of damage waivers are one of many factors contributing to overall gross receipts.  "Sales location" means any location at which the employee worked or had oversight responsibility during the applicable compensation period. [L 1990, c 209, pt of §1; am L 1991, c 227, §1; am L 2003, c 155, §2; am L 2009, c 148, §7]
HI Rev Stat § 437D-8.6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-8.6 Damage waiver statistics.

  §437D-8.6 Damage waiver statistics. Lessors shall maintain records of the sale of damage waivers in a given year and amounts expended to repair damage to rental vehicles caused while the vehicles are subject to the damage waiver. Lessors shall maintain all records reflecting these statistics for a period of three years and shall make the records available to the department of commerce and consumer affairs upon request. Neither the director, nor any other employee of the department of commerce and consumer affairs, nor any other person appointed by the director as provided by law, shall release or divulge any of the information or data required by this section, except as may be required or allowed by rules adopted pursuant to section 437D-18. [L 1990, c 209, pt of §1; am L 1991, c 227, §2; am L 2009, c 148, §8]
HI Rev Stat § 437D-9 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-9 Posting requirements.

  §437D-9 Posting requirements. Except as provided in section 437D-17, each lessor who offers the damage waiver shall conspicuously display at the rental area of each rental location a notice, in plain language and printing, that includes all of the information in section 437D-5(a)(1), (2), (5), and (6), and a statement that restrictions or conditions apply. [L 1988, c 251, pt of §2; am L 2009, c 148, §9]
HI Rev Stat § 437D-10 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-10 Pamphleting requirements.

  §437D-10 Pamphleting requirements. Before the execution of a rental agreement, each lessor who offers a damage waiver option to a lessee shall provide to the lessee a pamphlet, written in plain language, that includes all of the information described in section 437D-5(a)(1) through (6). The requirements of this section shall be deemed to be satisfied if the lessor places the pamphlets prominently and conspicuously on the rental desk, countertop, or in a wall holder, where the pamphlets may be easily seen and reached by lessees and potential lessees. [L 1988, c 251, pt of §2; am L 2009, c 148, §10]
HI Rev Stat § 437D-11 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-11 Acknowledgment by lessee.

  §437D-11 Acknowledgment by lessee. No lessor shall rent a motor vehicle to a lessee until the lessee has acknowledged that the lessee understands the information described in section 437D-5(a)(1), (2), (3), (5), and (6), and that restrictions or conditions apply. The acknowledgment shall be written in plain language on the rental agreement and signed by the lessee. [L 1988, c 251, pt of §2]
HI Rev Stat § 437D-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-12 Deposit or advance charge prohibited; payment for damages to rental motor vehicle.

  §437D-12 Deposit or advance charge prohibited; payment for damages to rental motor vehicle. No lessor shall require a deposit or an advance charge against the credit card of a lessee, in any form, for damages to a vehicle which is in the lessee's possession, custody, or control. No lessor shall require any payment for damages to the rental vehicle, upon the lessee's return of the vehicle in a damaged condition, until after the cost of the damage to the vehicle and liability therefor is agreed to between the lessor and lessee or is determined pursuant to law. [L 1988, c 251, pt of §2]
HI Rev Stat § 437D-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-13 Notice and posting required concerning motor vehicle laws.

  §437D-13 Notice and posting required concerning motor vehicle laws. Every lessor shall display at all times a sign or signs in a conspicuous place in the main rental area of all rental locations, written in plain language and in no less than ten-point type, that informs the lessee of:  (1) Hawaii's seat belt and child passenger restraint laws and the prohibition against operating a vehicle under the influence of an intoxicant and leaving a child unattended in a motor vehicle; and  (2) The existence and location of additional information concerning the laws relating to seat belts, child passenger restraints, operating a vehicle under the influence of an intoxicant, and leaving a child unattended in a motor vehicle. [L 1988, c 251, pt of §2; am L 1990, c 154, §1; am L 2001, c 157, §33; am L 2008, c 170, §4; am L 2009, c 148, §11]
HI Rev Stat § 437D-15 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-15 Unfair trade practices.

  §437D-15 Unfair trade practices. Each lessor, and each officer, employee, agent, and other representative thereof, is prohibited from engaging in any practice constituting a violation of chapter 480. The following shall be per se violations of section 480-2:  (1) The making of any material statement that has the tendency or capacity to mislead or deceive, either orally or in writing, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;  (2) The omission of any material statement that has the tendency or capacity to mislead or deceive, in connection with the rental of, offer to rent, or advertisement to rent a vehicle;  (3) The making of any statement to the effect that the purchase of a damage waiver is mandatory;  (4) Any violation of sections 437D-5 through 437D-14, and section 437D-17.5;  (5) The charging by the lessor to a lessee of:  (A) More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community, if the vehicle is repaired;  (B) More than the actual cash value of a vehicle if it is declared a total loss;  (C) More than the diminution in value of a vehicle if it is not repaired and not declared a total loss; or  (D) More than the cost of the parts and labor necessary to repair a damaged vehicle in accordance with standard practice in the motor vehicle repair industry in the community if the vehicle is not repaired and is not declared a total loss but is determined by the lessor to be no longer in rentable condition; provided that the vehicle shall not be rented or leased by the lessor to any other lessee after that determination has been made by the lessor.  To the extent the lessor obtains recovery from a third party, the lessor shall not recover any amount specified in this paragraph from the lessee;   (6) The making of any statement by the lessor to the effect that the lessee is or will be confined to remain within boundaries specified by the lessor unless payment or an agreement relating to the payment of damages has been made by the lessee;  (7) The charging of a lessee more than a reasonable estimate of the actual income lost for loss of use of a vehicle; and  (8) The charging of a lessee more than actual towing charges. [L 1988, c 251, pt of §2; am L 1994, c 44, §1; am L 2000, c 145, §1; am L 2009, c 148, §12]
HI Rev Stat § 437D-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-16 Application of insurance laws.

  §437D-16 Application of insurance laws. None of the provisions of this chapter shall apply to the issuance of collision insurance underwritten by an insurer authorized to transact property and casualty business in this State; provided that the insurer is not a lessor as defined in this chapter or a limited line motor vehicle rental company producer as defined in [section] 431:9A-141. [L 1988, c 251, pt of §2; am L 2002, c 235, §3]
HI Rev Stat § 437D-17 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437D. Motor Vehicle Rental Industry|437D-17 Exceptions to posting requirements.

  §437D-17 Exceptions to posting requirements.  The posting requirements of sections 437D-9 and 437D-13 shall not apply to a lessor who is a party to a commercial lease which prohibits all posting and which is in force on January 1, 1989. [L 1988, c 251, pt of §2]