CONFERENCE COMMITTEE REP. NO.58

Honolulu, Hawaii

, 2001

RE: H.B. No. 16

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 16, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO REAL ESTATE BROKERS AND SALESPERSONS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to exempt a time share interest owner from licensing under chapter 467, Hawaii Revised Statutes, when the owner refers a prospective buyer to a developer, sales agent, or resale agent and receives nonmonetary compensation of not more than $1,000 during any twelve-month period, and to clarify the roles of the owner, developer, sales agent, and resale agent.

Upon further consideration, your Committee on Conference amended the measure to:

(1) Further clarify that the role of the owner is limited to providing the name and address of the prospective purchaser and that the owner shall not advertise or promote the time share plan or the referral provided to developers, sales agents, or resale agents;

(2) Delete, as unnecessary and duplicative, the language on the role of the developer, sales agent, or resale agent with regard to providing information and correcting any misrepresentation by the owner; and

(3) Make technical, nonsubstantive amendments for conformance of language.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 16, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 16, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

DONNA MERCADO KIM, Chair

____________________________

JERRY CHANG, Co-Chair

____________________________

RON MENOR, Co-Chair

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KENNETH T. HIRAKI, Co-Chair