Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2890, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to allow time sharing units and plans on property where an existing hotel is a valid non-conforming use under county ordinance; provided that in counties over 500,000, the hotel shall have at least sixty units and forty per cent shall be in apartment use.

Testimony in support of this measure was received from American Resort Development Association of Hawaii. The City and County of Honolulu Department of Planning and Permitting testified in opposition. The Time Share Administrator submitted comments.

Your Committee finds that this measure is intended to clarify the application of the time share law for an existing hotel that is a valid non-conforming use. Your Committee has heard that in some cases, counties have interpreted existing law to require additional county action in order to permit time shares on such property.

Your Committee has amended this measure to:

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2890, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2890, S.D. 2.