STAND. COM. REP. NO.  1121

Honolulu, Hawaii

                , 2013

RE:   S.B. No. 913

      S.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 913, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TIME SHARES,"

begs leave to report as follows:

The purpose of this measure is to clarify current obligations under the State's time sharing plans law.

     More specifically, this measure:

(1)  Clarifies that a time share plan's disclosure of the financial obligation of the purchaser shall consist of a statement that the purchaser is obligated to pay the initial price in the purchase agreement and a list or description of any additional charges, rather than the initial price itself and the additional charges; and

(2)  Clarifies that the prohibition against a sales agent or acquisition agent making a contract with a purchaser prior to delivering a promised promotional device or instrument to the purchaser does not require the sales agent or acquisition agent to provide the promotional device or instrument prior to making a sales presentation.

Testimony in support of this measure was received from American Resort Development Association, Starwood Vacation Ownership, and Wyndham Vacation Ownership.  Comments were received from the Department of Commerce and Consumer Affairs.

     Your Committee finds that the technical amendments of this measure will increase operational efficiencies for time share developers and conform the time share law to current sales and marketing practices without compromising the level of consumer protection currently afforded under the law.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 913, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ANGUS L.K. McKELVEY, Chair