STAND. COM. REP. NO.1480

Honolulu, Hawaii

, 2001

RE: H.B. No. 23

H.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 23, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DECEPTIVE TRADE PRACTICES FOR TIME SHARE PLANS,"

begs leave to report as follows:

The purpose of this measure is to clarify the requirements of deceptive trade practices involving time sharing plans.

This measure would clarify that it is a deceptive trade practice to:

(1) Fail to include in conspicuous bold face type and capital letters printed above the signature line on any sales contract a statement informing the purchaser of the right of rescission; and

(2) Fail to include in promotional literature that the product or activity involves time share.

This measure also deletes reference in existing law relating to requiring captioning in promotional literature of a sales presentation.

Your Committee finds that as the timeshare marketing industry has matured through the years, it has shed the stigma of the so-called dirty tricks of the past. Today, timeshare marketers are proud to announce that they are in fact timeshare marketers and include information proclaiming such in their advertising and promotional material. Consumers who talk to timeshare marketers are aware of the timeshare affiliation. As such, it is unnecessary, extremely expensive, and burdensome to include additional, redundant disclosures on all advertising materials. No consumer purchases a timeshare interest without being made aware of exactly what they are purchasing and their rescission rights.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 23, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

BRIAN KANNO, Chair