SB 398 Hawaii Senate · 2026 Regular Session

RELATING TO MOTOR VEHICLE RENTAL FEES.

SB 398 prohibits rental car companies from charging an additional fee for a lessee's spouse when the spouse is listed as a driver on the rental agreement. This directly affects renters who wish to include their spouse as a driver without incurring extra costs. The bill's key provision bans this specific fee under defined conditions, though the abstract does not specify those conditions. It represents a direct policy change limiting rental fee structures for spouses. The bill passed committee recommendation with all supporting votes in early 2025.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

Senate Passage

Feb 2025

House Passage

Governor

Introduced Jan 14, 2025 Last action Dec 8, 2025

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What changed between versions

SB398 → SB398_SD1 · 4 edits

MODERATE

The bill was converted from an House bill (HB) to a Senate bill (SB) and updated with new Senate-specific metadata. The primary substantive change is the addition of a retroactivity clause (Section 2), which clarifies that the new law does not affect rights, penalties, or legal proceedings that occurred before the bill's effective date. Additionally, Section 3 was expanded to include a constitutional contract clause, ensuring the law does not violate existing contracts under state or federal constitutions.

Scope change

The bill's scope remains focused on motor vehicle rental fees, but the applicability is now explicitly limited regarding past events through the addition of retroactivity and contract protection clauses.

TIMELINE

Added Section 2 to state that the Act does not affect rights, penalties, or proceedings that occurred before its effective date.

REQUIREMENT

Added Section 3 to ensure the Act does not impair existing contracts in violation of the Hawaii State Constitution or the U.S. Constitution.

TECHNICAL

Updated bill metadata to reflect Senate filing (SD1) and revised the chapter reference in Section 1 from 437E to 437D.

Removed the original introductory text and the instruction regarding underscored statutory material.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 11, 2025

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN.

upper

Feb 11, 2025

Committee

Reported from TCA (Stand. Com. Rep. No. 263) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN.

upper

Feb 4, 2025

Upper · Passed

The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TCA were as follows: 5 Aye(s): Senator(s) Lee, C., Inouye, Elefante, Kanuha, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Jan 31, 2025

Upper · Passed

The committee(s) on TCA has scheduled a public hearing on 02-04-25 3:00PM; Conference Room 224 & Videoconference.

upper

Jan 21, 2025

Committee

Referred to TCA, CPN.

upper

Jan 15, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 14, 2025

Introduced

Pending Introduction.

upper

1 primary · 0 co-sponsors