STAND. COM. REP. NO.714

Honolulu, Hawaii

, 2001

RE: H.B. No. 16

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 Committee on Consumer Protection and Commerce, to which was referred H.B. No. 16, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO REAL ESTATE BROKERS AND SALESPERSONS,"

begs leave to report as follows:

The purpose of this bill is to exempt an owner of a time share interest who refers a prospective purchaser to a developer, sales agent, or resales agent of a time share plan from the requirement of being a licensed real estate broker or salesperson, if the person:

(1) Receives a fee of not more than a $1,000 in credit or other non-monetary compensation per project, per twelve-month period; and

(2) Does not advertise or promote the person's services, unless the person is a licensed real estate broker or salesperson.

The American Resort Development Association, American Resort Development Association of Hawaii, Hilton Grand Vacations Club, and Pahio Resorts, Inc., submitted testimony in support of the bill. The Real Estate Commission of the Department of Commerce and Consumer Affairs submitted testimony in opposition to the bill.

 

Your Committee has amended this measure by making technical, nonsubstantive amendments for purposes of clarity, style, and consistency, including transferring the relevant substance of the bill from chapter 467 (relating to real estate brokers and salespersons) to chapter 514E (relating to time sharing plans).

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 is in accord with the intent and purpose of H.B. No. 16, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 16, H.D. 2.

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

____________________________

KENNETH T. HIRAKI, Chair