1. (a) [Repeal and reenactment on December 31, 2030. L Sp 2017, c 1, §6.] Notwithstanding any law to the contrary, a lessor may visibly pass on to a lessee:

   1. (1) The general excise tax attributable to the transaction;
   2. (2) The vehicle license recovery fees, prorated at 1/292nd of the annual vehicle license recovery fees actually paid on the particular vehicle being rented for each full or partial twenty-four-hour rental day that the vehicle is rented; provided the total of all vehicle license recovery fees charged to all lessees shall not exceed the annual vehicle license recovery fees actually paid for the particular vehicle rented;
   3. (3) The surcharge taxes imposed in chapter 251 attributable to the transaction;
   4. (4) The county surcharge on state tax under section 46-16.8; provided that the lessor itemizes the tax for the lessee; and

   5. (5) The rents or fees paid to the department of transportation under concession contracts negotiated pursuant to chapter 102, service permits granted pursuant to title 19, Hawaii Administrative Rules, or rental motor vehicle customer facility charges established pursuant to section 261-7; provided that:

      1. (A) The rents or fees are limited to amounts that can be attributed to the proceeds of the particular transaction;
      2. (B) The rents or fees shall not exceed the lessor's net payments to the department of transportation made under concession contract or service permit;
      3. (C) The lessor submits to the department of transportation and the department of commerce and consumer affairs a statement, verified by a certified public accountant as correct, that reports the amounts of the rents or fees paid to the department of transportation pursuant to the applicable concession contract or service permit:
      4. (i) For all airport locations; and
      5. (ii) For each airport location;
      6. (D) The lessor submits to the department of transportation and the department of commerce and consumer affairs a statement, verified by a certified public accountant as correct, that reports the amounts charged to lessees:
      7. (i) For all airport locations;
      8. (ii) For each airport location; and
      9. (iii) For each lessee;
      10. (E) The lessor includes in these reports the methodology used to determine the amount of fees charged to each lessee; and

      11. (F) The lessor submits the above information to the department of transportation and the department of commerce and consumer affairs within three months of the end of the preceding annual accounting period or contract year as determined by the applicable concession agreement or service permit.

          The respective departments, in their sole discretion, may extend the time to submit the statement required in this subsection. If the director determines that an examination of the lessor's information is inappropriate under this subsection and the lessor fails to correct the matter within ninety days, the director may conduct an examination and charge a lessor an examination fee based upon the cost per hour per examiner for evaluating, investigating, and verifying compliance with this subsection, as well as additional amounts for travel, per diem, mileage, and other reasonable expenses incurred in connection with the examination, which shall relate solely to the requirements of this subsection, and which shall be billed by the departments as soon as feasible after the close of the examination. The cost per hour shall be $40 or as may be established by rules adopted by the director. The lessor shall pay the amounts billed within thirty days following the billing. All moneys collected by the director shall be credited to the compliance resolution fund.

2. (b) A representation by the lessor to the lessee which states that the visible pass on of the charges in this section is mandatory or that it is a government assessment upon the consumer shall be a per se violation of section 480-2.

[L 1997, c 140, §1; am L 1999, c 223, §3; am L 2005, c 247, §§6, 9(3); am L 2008, c 226, §8; am L 2014, c 110, §6; am L 2015, c 240, §7; am L 2017, c 137, §3]

Note

Rental car companies; annual audit by a third party certified public accountant, beginning March 1, 2019. L 2017, c 137, §5.

The 2008 amendment to this section is exempt from the December 31, 2022 repeal and reenactment condition by L 2005, c 247. L 2009, c 11, §21.

The 2017 amendment is exempt from the December 31, 2027 repeal and reenactment condition of L 2005, c 247, §9 as amended by L 2015, c 240, §7. L 2017, c 137, §7.

L 2015, c 240, §7 exempted the amendments by: (1) L 2008, c 226, §§8, 16, as amended by L 2009, c 11, §21; and (2) L 2014, c 110, §§6, 8, from the December 31, 2027 repeal and reenactment condition of L 2005, c 247, §9.