Report Title:
Time Sharing Plans
Description:
Permits the Director of Commerce and Consumer Affairs to authorize independent contractors to invite others to time-share sales presentations. (HB2832 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2832 |
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TWENTY-FIRST LEGISLATURE, 2002 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TIME SHARING PLANS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 514E-2.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The director shall adopt rules limiting the activities of and governing sales agents and acquisition agents, regardless of whether such persons are also licensed under chapter 467. [Such regulations:] The rules:
(1) May authorize an acquisition agent [who is], whether or not licensed under chapter 467, and its employees and independent contractors, whether or not licensed under chapter 467, to invite others to attend a time share sales presentation or an entertainment function offered in connection therewith, so long as [such] the invitation is made from a principal place of business, branch office, [site office,] or other real estate place of business, or from a booth operated in accordance with state and county laws by the acquisition agent;
(2) May authorize an acquisition agent [who is], whether or not licensed under chapter 467, and its employees and independent contractors, whether or not licensed under chapter 467, to extend invitations from a principal place of business, branch office, or other real estate place of business, or from a booth, without requiring the physical presence of a person licensed under chapter 467; provided that the acquisition agent’s employees remain in the principal place of business, branch office, other real estate place of business, or the booth at all times;
(3) Shall provide that any individual, who for compensation solicits or encourages others to attend a time share sales presentation or to contact a time share sales agent or developer, shall be employed, either directly or as an independent contractor, by a sales agent or acquisition agent;
(4) Shall provide that a real estate broker or acquisition agent who employs, either directly or as an independent contractor, an individual[,] who is not licensed under chapter 467, to solicit or encourage others to attend a time share presentation or to contact a time share sales agent or developer, shall be responsible for the acts of [such] the employee;
(5) Shall establish rules and conditions strictly regulating and, if legally permissible, prohibiting telephone solicitation of guests in hotels; and
(6) Shall establish such other rules as the director deems to be in the public interest."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.