CONFERENCE COMMITTEE REP. NO.44-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2832

H.D. 1

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

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. 2832, H.D. 1, S.D. 2, entitled:

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

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 bill is to:

    1. Clarify exceptions to the condominium public report requirements that apply to registered time share projects;

    2. Clarify and revise the law regulating time share sales presentation solicitations; and

    3. Allow certain hotels to partially convert to time share.

Specifically, this measure:

(1) Requires that a purchaser of a time share interest be provided with a time share disclosure statement, but not a condominium public report or supplementary public report, if the offer and sale of the time share interest occurs in the State;

(2) Allows acquisition agents and their employees and independent contractors to solicit individuals to attend a time share sales presentation:

(A) Without the necessity of a real estate license;

(B) From a principal place of business, branch office, other real estate place of business, or booth; and

(C) Without the presence of a real estate licensee, so long as solicitors remain within the real estate place of business or booth;

and

(3) Authorizes time shares in an existing hotel of sixty or more units that is a valid non-conforming use under county ordinance, and is located in a county with a population of over 500,000, so long as 40 percent of the units remain available for sale or rental as residential apartments.

Your Committee on Conference has amended this measure by:

(1) Eliminating the requirement than an acquisition agent's employees remain in the branch office or other real estate place of business other than the principal place of business when extending invitations to attend a times share sales presentation;

(2) Exempting apartments designated in the declaration of a condominium property regime for hotel, time share, transient vacation rental, or commercial use, from condominium law parking stall requirements; and

(3) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

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. 2832, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2832, H.D. 1, 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

____________________________

KENNETH T. HIRAKI, Chair

____________________________

RON MENOR, Co-Chair