Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.C.R. No. 58 entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to request the Auditor to perform a sunrise review of the regulation of condominium association managers as provided in H.B. No. 642, 2003.

Testimony in support of this concurrent resolution was received from several concerned individuals.

Your Committee finds that condominium association managers have no certification requirements for their positions and may know little about the laws that regulate condominiums. H.B. No. 642, 2003, would have mandated that all condominium association managers be certified, and also sets forth requirements for certification.

Chapter 26H, Hawaii Revised Statutes (HRS), however, provides that measures subjecting professions or occupations to regulation by the government must undergo a preliminary sunrise review by the Auditor. The purpose of the review is to determine whether regulation and licensing of the profession or vocation is reasonably necessary to protect the health, safety, or welfare of consumers of the services, and whether its primary purpose is the protection of the public welfare rather than that of the regulated profession or vocation.

This concurrent resolution requests the Auditor to perform a sunrise review of H.B. No. 642 and to report findings and recommendations to the Legislature 20 days prior to the convening of the Regular Session of 2004.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 58 and recommends its adoption.