CONFERENCE COMMITTEE REP. NO. 24

Honolulu, Hawaii

, 2023

RE: S.B. No. 798

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 798, S.D. 1, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Require, as part of a developer's application for time share unit registration or annexation:

(A) A list of projects containing out-of-state time share units; and

(B) A statement that the developer has verified that those units are in compliance or not prohibited under the laws of the jurisdiction where the units are located; and

(2) Clarify that a developer is not required to submit any other evidence of such compliance to register in the State.

Your Committee on Conference finds that the 1980 Hawaii Time Share Act's broad language has had the unintended consequence of causing the Department of Commerce and Consumer Affairs to require time share developers to provide evidence that its time share units located outside the State are compliant with the zoning and land use laws and regulations of the jurisdiction where the time share units are located. Therefore, this measure clarifies the intent of the existing law, preempts the Department's current practice, and instead requires only that a developer submit to the Department a list of projects containing out-of-state time share units and a statement that it has complied with the zoning and land use laws and regulations of the jurisdiction where its time share units are located.

Accordingly, your Committee on Conference has amended this measure by making it effective upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 798, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 798, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ SEAN QUINLAN Co-Chair	____________________________ LORRAINE R. INOUYE Chair
____________________________ MARK M. NAKASHIMA Co-Chair	____________________________ JARRETT KEOHOKALOLE Co-Chair
	____________________________ KARL RHOADS Co-Chair