STAND. COM. REP. NO. 1210-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2766
                                     S.D. 1
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Consumer Protection and Commerce, to which
was referred S.B. No. 2766, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO CONDOMINIUM PROPERTY
     REGIMES,"

begs leave to report as follows:

     The purpose of this measure is to clarify that projects
created and established as condominium property regimes:

     (1)  Are subject to the county land use regulatory
          authority; 

     (2)  Must conform to provisions of underlying county zoning
          ordinances and development requirements; and 

     (3)  Are consistent with the intent of adopted county land
          use policies and the state land use law.

     Testimony in support of this measure was submitted by
Hawaii's Thousand Friends, two council members of the Hawaii
County Council, and a private citizen.  The Office of Planning of
the Department of Business, Economic Development & Tourism and
the four County Planning Directors, submitted joint testimony
with proposed amendments, in support of the bill.  The Real
Estate Commission of the Department of Commerce and Consumer
Affairs (Commission) submitted testimony, with suggested
amendments, supporting the intent of the bill.  Testimony in

 
 
                                 STAND. COM. REP. NO. 1210-00
                                 Page 2

 
opposition to this measure was submitted by the Hawaii
Association of Realtors.

     Your Committee notes that a similar bill, H.B. No. 2509,
H.D. 1, passed the House earlier this session after a hearing
before your Committee.

     After careful consideration, your Committee has amended this
bill by incorporating certain technical, nonsubstantive
provisions from H.B. No. 2509, H.D. 1 as suggested by the
Commission by:

     (1)  Replacing the word "intent" with the word "purposes" in
          sections 1 and 2, inasmuch as the term "purposes" is
          less ambiguous and more easily ascertained; and 

     (2)  Clarifying that the penalty for a false declaration is
          set forth in Section 514A-49(b).

     Other technical, nonsubstantive amendments were made to the
bill for purposes of style, clarity, and consistency.

     As affirmed by the record of votes of the members of your
Committee on Consumer Protection and Commerce that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 2766, S.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 2766, S.D. 1, H.D. 1, and be placed on the
calendar for Third Reading.

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



                                   ______________________________
                                   RON MENOR, Chair