Text: HF02233 Text: HF02235 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 516D.4, subsection 1, unnumbered 1 2 paragraph 1, Code 1999, is amended to read as follows: 1 3 A rental company shall not hold, or attempt to hold,an 1 4 authorized driver liable for physical damage to a rental 1 5 vehicle, loss due to theft of a rental vehicle, or damages 1 6 resulting from the loss of use of a rental vehicle, unless the 1 7 rental company offers the customer a collision damage waiver 1 8 under the terms and conditions described in subsection 2 of 1 9 this section, or unless one or more of the following applies: 1 10 Sec. 2. Section 516D.4, subsection 1, paragraph i, Code 1 11 1999, is amended to read as follows: 1 12 i. The damage or loss is attributable to theft or theft of 1 13 services which occurs with or without the prior knowledge or 1 14 knowing participation of an authorized driver, or which is 1 15 attributable to the authorized driver leaving the rental 1 16 vehicle unattended with the keysin the rental vehicle1 17 unsecured. 1 18 Sec. 3. Section 516D.4, subsection 2, paragraph d, 1 19 unnumbered paragraph 1, Code 1999, is amended to read as 1 20 follows: 1 21 The car rental company shall not pay commissions to a 1 22 rental counter agent or representative for selling collision 1 23 damage waiversand is prohibited from considering volume of1 24sales of collision damage waivers in an employee evaluation or1 25determination of promotion. This paragraph does not apply to 1 26 profits or profit sharing and does not prohibit payments to 1 27 management, owners, stockholders, or principals of rental 1 28 companies for selling collision damage waivers. 1 29 Sec. 4. Section 516D.4, subsection 2, paragraph d, 1 30 unnumbered paragraph 2, Code 1999, is amended by striking the 1 31 unnumbered paragraph. 1 32 Sec. 5. Section 516D.7, subsection 7, unnumbered paragraph 1 33 1, Code 1999, is amended to read as follows: 1 34 Failure to disclose the following material restrictions, 1 35 where applicable, in response to direct consumer inquiries 2 1regarding the price of renting a vehicle, when the rental2 2company discloses a vehicle rental rate, and at the time the2 3reservation is accepted: 2 4 EXPLANATION 2 5 This bill amends several Code provisions relating to the 2 6 rental of motor vehicles. Code section 516D.4, relating to 2 7 liability for rental vehicle collision damage and loss, is 2 8 amended by striking a provision prohibiting a rental company 2 9 from attempting to hold a driver liable for physical damage to 2 10 a rental vehicle, loss due to theft of a rental vehicle, or 2 11 damages resulting from the loss of use of a rental vehicle 2 12 unless the rental company offers the customer a collision 2 13 damage waiver. A rental company is still prohibited from 2 14 holding a driver liable for such losses. 2 15 Code section 516D.4 provides several exceptions to the 2 16 provision prohibiting a rental company from holding a driver 2 17 liable for collision damage or loss. The bill modifies an 2 18 exception for situations when the damage or loss is due to 2 19 theft which occurs with the knowledge or participation of an 2 20 authorized driver or due to an authorized driver leaving the 2 21 rental vehicle unattended with the keys in the vehicle to 2 22 provide that the exception applies to damage or loss due to 2 23 theft or theft of services which occur with or without the 2 24 knowledge or participation of an authorized driver or due to 2 25 an authorized driver leaving the vehicle unattended with the 2 26 keys unsecured. The bill strikes a provision prohibiting a 2 27 rental company from holding an authorized driver liable for 2 28 damage or loss due to theft except when an authorized driver 2 29 knew of or participated in the theft or left the rental 2 30 vehicle unattended with the keys in the vehicle, regardless of 2 31 whether the rental company offered the customer a collision 2 32 damage waiver. 2 33 The bill strikes a provision in Code section 516D.4 2 34 prohibiting a rental company from considering the volume of 2 35 sales of collision damage waivers in employee evaluations or 3 1 promotions. The bill also adds a provision exempting profits 3 2 or profit sharing and payments to management, owners, 3 3 stockholders, or principals of rental companies from the 3 4 prohibition on paying commissions to a rental counter agent or 3 5 representative for selling collision damage waivers. 3 6 The bill amends a provision in Code section 516D.7 3 7 providing that failure to disclose certain material 3 8 restrictions regarding the rental of vehicles in response to 3 9 direct consumer inquiries regarding the price of renting a 3 10 vehicle, when the rental company discloses a vehicle rate and 3 11 at the time a reservation is accepted, is an unfair or 3 12 deceptive act or practice in the advertisement or rental of 3 13 vehicles. The bill eliminates the requirement that the rental 3 14 company disclose the material restrictions at the time the 3 15 rental company discloses a vehicle rate and at the time the 3 16 reservation is accepted and requires the direct consumer 3 17 inquiries to be in regard to the particular material 3 18 restrictions. 3 19 LSB 6220HH 78 3 20 nh/cf/24
Text: HF02233 Text: HF02235 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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