STAND. COM. REP. NO.718
Honolulu, Hawaii
, 2001
RE: H.B. No. 23
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs, to which was referred H.B. No. 23, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO DECEPTIVE TRADE PRACTICES FOR TIME SHARE PLANS,"
beg leave to report as follows:
The purpose of this bill is to give the Director of Commerce and Consumer Affairs (Director) greater latitude in determining appropriate disclosures for time share promotional literature and other printed or written material by:
(1) Deleting the explicit disclosure content requirements for time share promotional literature and other printed or written material; and
(2) Giving the Director authority to adopt rules under the Administrative Procedure Law regarding disclosure for time share promotional literature and other written materials.
The American Resort Development Association (ARDA), ARDA of Hawaii, Hilton Grand Vacations Club, All Islands Timeshare Resales, and Pahio Resorts testified in support of this bill. The Department of Commerce and Consumer Affairs testified in support with amendments.
Your Committees agree with the amendments proposed by DCCA, and have amended the bill by:
(1) Placing the seven-day rescission notice in conspicuous bold type and capital letters above the signature line of any sales contract or agreement;
(2) Substituting language in the new subsection to provide greater latitude to the department and to the time share industry as to the specific type of disclosures that are used in specific contexts; and
(3) Making technical, nonsubstantive amendments for purposes of clarity, style, and consistency.
As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 23, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 23, H.D. 2.
Respectfully submitted on behalf of the members of the Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
____________________________ KENNETH T. HIRAKI, Chair |
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