STAND. COM. REP. NO.  847

 

Honolulu, Hawaii

                , 2023

 

RE:   H.B. No. 12

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 12, H.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify that a developer is responsible for ensuring that the use of time share units located out of the State complies with zoning and land use laws and rules of the jurisdiction where the time share units are located but is not required to submit evidence of such compliance to register in Hawaii.

 

     Your Committee received testimony in support of this measure from the American Resort Development Association – Hawaii, Marriott Vacations Worldwide Corporation, and one individual.  Your Committee received comments on this measure from the Department of Commerce and Consumer Affairs.

 

     Your Committee finds that for time share plans located out-of-state, the Department of Commerce and Consumer Affairs requires evidence that the out-of-state property is in an area properly zoned to allow time share use in the property.  However, this has been difficult for developers to comply with as jurisdictions are not uniform in their zoning regulations and governmental processes, particularly for out-of-state properties located in foreign countries.  This measure will make the registration process of time share projects more efficient and less costly by requiring projects to be in properly zoned areas but not requiring documentation.

 

     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 H.B. No. 12, H.D. 1, and recommends that it pass Third Reading.

 

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

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair