SB 419: Insurance; Motor Vehicles; Child Passenger Restraint Systems; Replacement

A BILL FOR AN ACT

RELATING TO INSURANCE.

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

     SECTION 1.  The legislature finds that child passenger restraint systems are essential for protecting the lives of young children during vehicular travel.  When a collision occurs, the structural integrity of these systems may be compromised, rendering them unsafe for future use, even if no visible damage is apparent.

     Legislation enacted in other states requiring insurance coverage for the replacement of damaged child passenger restraint systems has demonstrated significant public safety benefits and garnered bipartisan support.  For example, California and Texas have implemented provisions requiring insurers to replace child safety seats following accidents.  Media reports and public testimonies in these states underscore how these policies reduce parental anxiety, ensure compliance with child safety standards, and prevent injuries or fatalities resulting from the use of compromised equipment.

     The legislature further finds that the National Highway Traffic Safety Administration advises that child safety seats involved in moderate or severe collisions should be replaced.  This recommendation is grounded in extensive research showing that even minor structural weaknesses can lead to catastrophic failure during subsequent incidents.

     Requiring insurers to cover the cost of replacement for damaged child passenger restraint systems will align with the State's laws with best practices for child passenger safety, reduce the financial burden on families, and uphold public confidence in the State's commitment to safeguarding its youngest residents while also promoting a preventive approach to reducing long-term health care costs associated with injuries sustained in traffic accidents.

     Accordingly, the purpose of this Act is to take a proactive stance in prioritizing child safety and setting a precedent for responsible, family-centered insurance practices by requiring each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system that was damaged or in use by a child during a motor vehicle accident for which liability coverage under the policy is applicable.

     SECTION 2.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to part III of article 10C to be appropriately designated and to read as follows:

     "§431:10C-    Child passenger restraint system; replacement.  (a)  In addition to any other requirements under this part, a motor vehicle insurance policy shall provide liability coverage for replacement of a child passenger restraint system that was damaged or was in use by a child during a motor vehicle accident for which liability coverage under the policy is applicable due to the liability of an insured or uninsured motorist.

     (b)  Upon the filing of a claim pursuant to a policy described in this section, unless otherwise determined, an insurer shall ask whether a child passenger restraint system was in use by a child during a motor vehicle accident or was in the vehicle at the time of a loss that is covered by the policy, and shall replace the child passenger restraint system or reimburse the claimant for the cost of purchasing a new child passenger restraint system pursuant to this section.

     (c)  An insured, upon acquiring a replacement child passenger restraint system, may surrender to the department of transportation the child passenger restraint system that was replaced.

     (d)  For the purposes of this section, "child passenger restraint system" means a restraint system that conforms to section 291-11.5."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Constitution of the State of Hawaii or Article I, section 10, of the United States Constitution.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Insurance; Motor Vehicles; Child Passenger Restraint Systems; Replacement

Description:

Requires each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system that was damaged or in use by a child during a motor vehicle accident for which liability coverage under the policy is applicable.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO INSURANCE.

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

     SECTION 1.  The legislature finds that child passenger restraint systems are essential for protecting the lives of young children during vehicular travel.  When a collision occurs, the structural integrity of these systems may be compromised, rendering them unsafe for future use, even if no visible damage is apparent.  

     Legislation enacted in other states requiring insurance coverage for the replacement of damaged child passenger restraint systems has demonstrated significant public safety benefits and garnered bipartisan support.  For example, California and Texas have implemented provisions requiring insurers to replace child safety seats following accidents.  Media reports and public testimonies in these states underscore how these policies reduce parental anxiety, ensure compliance with child safety standards, and prevent injuries or fatalities resulting from the use of compromised equipment.

     The legislature further finds that the National Highway Traffic Safety Administration (NHTSA) advises that child safety seats involved in moderate or severe collisions should be replaced.  This recommendation is grounded in extensive research showing that even minor structural weaknesses can lead to catastrophic failure during subsequent incidents.

     Requiring insurers to cover the cost of replacement for damaged child passenger restraint systems will align with the State's laws with best practices for child passenger safety, reduce the financial burden on families, and uphold public confidence in the State's commitment to safeguarding its youngest residents while also promoting a preventive approach to reducing long-term health care costs associated with injuries sustained in traffic accidents.

     Accordingly, the purpose of this Act is to take a proactive stance in prioritizing child safety and setting a precedent for responsible, family-centered insurance practices by requiring each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system damaged or that was in use by a child during a motor vehicle accident for which liability coverage under the policy is applicable.

     SECTION 2.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to part III of article 10C to be appropriately designated and to read as follows:

     "§431:10C-    Child passenger restraint system; replacement.  (a)  In addition to any other requirements under this part, a motor vehicle insurance policy shall provide liability coverage for replacement of a child passenger restraint system that was damaged or was in use by a child during a motor vehicle accident for which liability coverage under the policy is applicable due to the liability of an insured or uninsured motorist.

     (b)  Upon the filing of a claim pursuant to a policy described in this section, unless otherwise determined, an insurer shall ask whether a child passenger restraint system was in use by a child during a motor vehicle accident or was in the vehicle at the time of a loss that is covered by the policy, and shall replace the child passenger restraint system or reimburse the claimant for the cost of purchasing a new child passenger restraint system pursuant to this section if it was in use by a child during the motor vehicle accident or if it sustained a covered loss while in the vehicle.

     (c)  An insured, upon acquiring a replacement child passenger restraint system, may surrender to the department of transportation the child passenger restraint system that was replaced.

     (d)  For the purposes of this section, "child passenger restraint system" means a restraint system that conforms to section 291-11.5."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Constitution of the State of Hawaii or Article I, section 10, of the United States Constitution.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

Insurance; Motor Vehicles; Child Passenger Restraint Systems; Replacement

Description:

Requires each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system damaged or that was in use by a child during a motor vehicle accident for which liability coverage under the policy is applicable.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO INSURANCE.

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

     SECTION 1.  The legislature finds that child passenger restraint systems are essential for protecting the lives of young children during vehicular travel.  When a collision occurs, the structural integrity of these systems may be compromised, rendering them unsafe for future use, even if no visible damage is apparent.  

     Legislation enacted in other states requiring insurance coverage for the replacement of damaged child passenger restraint systems has demonstrated significant public safety benefits and garnered bipartisan support.  For example, California and Texas have implemented provisions requiring insurers to replace child safety seats following accidents.  Media reports and public testimonies in these states underscore how these policies reduce parental anxiety, ensure compliance with child safety standards, and prevent injuries or fatalities resulting from the use of compromised equipment.

     The legislature further finds that the National Highway Traffic Safety Administration (NHTSA) advises that child safety seats involved in moderate or severe collisions should be replaced.  This recommendation is grounded in extensive research showing that even minor structural weaknesses can lead to catastrophic failure during subsequent incidents.

     Requiring insurers to cover the cost of replacement for damaged child passenger restraint systems will align with the State's laws with best practices for child passenger safety, reduce the financial burden on families, and uphold public confidence in the State's commitment to safeguarding its youngest residents while also promoting a preventive approach to reducing long-term health care costs associated with injuries sustained in traffic accidents.

     Accordingly, the purpose of this Act is to take a proactive stance in prioritizing child safety and setting a precedent for responsible, family-centered insurance practices by requiring each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system damaged during a collision for which liability coverage under the policy is applicable.

     SECTION 2.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to part III of article 10C to be appropriately designated and to read as follows:

     "§431:10C-    Child passenger restraint system; replacement.  (a)  In addition to any other requirements under this part, a motor vehicle insurance policy shall provide liability coverage for replacement of a child passenger restraint system that was damaged or was in use by a child during a collision for which liability coverage under the policy is applicable due to the liability of an insured or uninsured motorist.

     (b)  Upon the filing of a claim pursuant to a policy described in this section, unless otherwise determined, an insurer shall ask whether a child passenger restraint system was in use by a child during a collision or was in the vehicle at the time of a loss that is covered by the policy, and shall replace the child passenger restraint system or reimburse the claimant for the cost of purchasing a new passenger restraint system pursuant to this section if it was in use by a child during the collision or if it sustained a covered loss while in the vehicle.

     (c)  An insured, upon acquiring a replacement child passenger restraint system, may surrender to the department of transportation the child passenger restraint system that was replaced.

     (d)  For the purposes of this section, "child passenger restraint system" means a restraint system that conforms to section 291-11.5."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Insurance; Motor Vehicles; Child Passenger Restraints; Replacement

Description:

Requires each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system damaged during a collision for which liability coverage under the policy is applicable.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1198

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 419

      S.D. 1

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred S.B. No. 419, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE,"

begs leave to report as follows:

     The purpose of this measure is to require each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system that was damaged or in use by a child during a covered motor vehicle accident.  

     Your Committee received testimony in support of this measure from the Keiki Injury Prevention Coalition and two individuals.

     Your Committee finds that child passenger restraint systems play a critical role in protecting children during vehicle travel, but their safety can be compromised after a motor vehicle accident, even if there is no visible damage.  Your Committee further finds that without insurance coverage for a replacement, many families may continue using potentially unsafe car seats, increasing the risk of serious injury in any future accident.  This measure will ensure the safety of children and reduce the financial burden on families by requiring motor vehicle insurers to cover the replacement costs of damaged child passenger restraint systems.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 419, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 419, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Transportation,

STAND. COM. REP. NO. 806

Honolulu, Hawaii

RE:    S.B. No. 419

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 419 entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE,"

begs leave to report as follows:

     The purpose and intent of this measure is to require each motor vehicle insurance policy to cover the replacement cost of a child passenger restraint system that is damaged during a collision for which liability coverage under the policy is applicable.

     Your Committee received testimony in support of this measure from one individual.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that child passenger restraint systems are essential to protect the lives of young children in vehicles.  During a collision, the structural integrity of a child passenger restraint system may be compromised, thus rendering it unsafe for future use, despite having no visible damages.  Other states, such as California and Texas, have enacted laws requiring insurance coverage to include the cost of replacing damaged child passenger restraint systems.  This measure aligns with best practices for child passenger safety, reduces the financial burden on families, and upholds public confidence in the State's commitment to safeguarding its youngest residents by requiring insurers to cover the cost of replacement for child passenger restraint systems damaged or in use by a child during a motor vehicle accident.

     Your Committee has amended this measure by:

     (1)  Inserting a non-impairment clause to clarify that this measure shall not be applied in a manner that impairs any existing contracts in violation of the United States Constitution or Hawaii State Constitution;

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 419, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 419, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,