STAND. COM. REP. NO.1306

Honolulu, Hawaii

, 2001

RE: S.B. No. 180

S.D. 2

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 S.B. No. 180, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TIME SHARING PLANS,"

beg leave to report as follows:

The purpose of this bill is to:

(1) Remove the specific requirement in the time share unfair and deceptive trade practices statute that time share materials contain "THIS IS A TIME SHARING SALES PRESENTATION" in type as large as the largest text contained in the material, or in 24 point bold type; and

(2) Provide the Department of Commerce and Consumer Affairs (DCCA) the flexibility to prescribe by rule, the appropriate method by which time share promotional and other written material must disclose that the product or activity involves time share.

Testimony in support of this bill was received from the American Resort Development Association of Hawaii, Hilton Grand Vacations Club, Pahio Resorts, Interval International, and several concerned individuals. DCCA testified in support of the bill with proposed amendments.

Your Committees have amended the time share unfair and deceptive trade practices statute as suggested by DCCA by providing that when purchasers are informed of their statutory seven-day right of rescission of any time sharing sales contract, that disclosure must be made above the signature line of the sales contract or purchaser agreement, in conspicuous bold type and capital letters.

Your Committees have further amended this bill by making technical, nonsubstantive changes for purposes of style, clarity, 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 S.B. No. 180, S.D. 2, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 180, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair

____________________________

KENNETH T. HIRAKI, Chair