HB 1946: Time Shares; Registration; Renewal; Amendments; Director of Commerce and Consumer Affairs
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-04-09
Current Status:
Passed
(2026-05-19: Act 015, on 05/19/2026 (Gov. Msg. No. 1115).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill lets time share registration renewals for developers, acquisition agents, plan managers, and exchange agents be automatically approved 30 days after the state receives all required documents unless the Director of Commerce and Consumer Affairs sends a deficiency letter. It also makes amendments to time share plan registrations automatically approved after 60 days unless the director issues a deficiency letter.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Establishes that applications for registration renewals for time share developers, acquisition agents, plan managers, and exchange agents required by section 514E-10, HRS, shall be deemed approved thirty days after receipt of all required documents, unless the Director of Commerce and Consumer Affairs issues a deficiency letter within that period. Establishes that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the Director, unless the Director issues a deficiency letter within that period. Effective 9/1/2026. (SD2)
Establishes that applications for registration renewals for time share developers, acquisition agents, plan managers, and exchange agents required by section 514E-10, HRS, shall be deemed approved thirty days after receipt of all required documents, unless the Director of Commerce and Consumer Affairs issues a deficiency letter within that period. Establishes that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the Director, unless the Director issues a deficiency letter within that period. Effective 7/1/3000. (SD1)
Provides that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved thirty days after receipt of all required documents. Provides that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the Director of Commerce and Consumer Affairs, unless the Director issues a deficiency letter within that period. Effective 7/1/3000. (HD2)
Provides that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved upon delivery. Provides that any amendment to a required time share plan registration shall be deemed approved by operation of law on the forty-fifth day after the amendment is submitted to the Director of Commerce and Consumer Affairs, unless the Director issues a deficiency letter within that period. Effective 7/1/3000. (HD1)
Provides that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved upon delivery. Provides that any amendment to a required time share plan registration shall be deemed approved by operation of law on the forty-fifth day after the amendment is submitted to the Director of Commerce and Consumer Affairs, unless the Director issues a deficiency letter within that period. Effective 1/1/2027.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1946 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO REGISTRATION OF TIME SHARES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that time share accommodations form an important component of Hawaii's visitor industry and provide a consistent and steady stream of visitors and revenue for the State's overall economy.
The legislature further finds that the time share industry itself has matured so that many of Hawaii's time share units are now associated with international hotel and lodging companies that hold reputable and recognized brands.
The legislature also finds that the State's existing time share registration requirement for developers requires filing for renewal of registrations and filing when there are amendments to time share plans. However, review and approval of these registrations are often significantly delayed, which creates a burden on the time share industry and its ability to maintain and attract time share owners and consumers. Delays in the approval of amendments also prevent consumers from receiving the most current information about purchases of time shares.
Accordingly, the purpose of this Act is to:
(1) Provide that applications for registration renewals required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved thirty days after receipt of all required documents, unless the director of commerce and consumer affairs issues a deficiency letter within that period; and
(2) Provide that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the director of commerce and consumer affairs, unless the director issues a deficiency letter within that period.
SECTION 2. Section 514E-10, Hawaii Revised Statutes, is amended to read as follows:
"§514E-10 Registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal; title report; title holding trusts. (a) A developer shall not offer or dispose of a time share unit or a time share interest unless the disclosure statement required by section 514E-9 is filed with the director pursuant to the time specified in this chapter, or the development is exempt from filing, and the time share plan to be offered by the developer is accepted by the director for registration under this chapter. The director shall not accept a developer's time share plan if the developer does not possess a history of honesty, truthfulness, financial integrity, and fair dealing.
(b)
An acquisition agent (including the developer if it is also the
acquisition agent) shall register under this chapter by filing with the
director a statement setting forth the time [sharing] share plan
for which it is providing prospective purchasers, its address, the telephone
number, other information required by the director as provided by rules adopted
pursuant to chapter 91, and, if the acquisition agent is not a natural person,
the name of the responsible managing employee; provided that an acquisition
agent licensed under chapter 467 as a real estate broker shall not be required
to register under this chapter. All
acquisition agents not licensed under chapter 467 shall be approved by the
director. The director shall not approve
any acquisition agent who is not of good character and who does not possess a
reputation for honesty, truthfulness, and fair dealing. The acquisition agent shall furnish evidence
that the acquisition agent is bonded as required by rules adopted by the
director pursuant to chapter 91 to cover any violation by the acquisition agent
of any solicitation ordinance or other regulation governing the use of the
premise or premises in which the time share plan is promoted; provided that the
acquisition agent shall be separately bonded for each time share plan for which
it is providing prospective purchases.
(c)
A plan manager (including the developer if it is also the plan manager)
shall register under this chapter by filing with the director a statement
setting forth the time [sharing] share plan that it is managing,
its principal office address, telephone number, and responsible managing
employee. The plan manager shall furnish
evidence that the plan manager is bonded as required by rules adopted by the
director pursuant to chapter 91 to cover any default of the plan manager and
any of its employees of their duties and responsibilities; provided that the
plan manager shall be separately bonded for each time share plan under the
management of the plan manager.
(d)
An exchange agent (including the developer if it is also an exchange
agent) shall register under this chapter by filing with the director a
statement setting forth the time [sharing] share plan for which
it is offering exchange services, its principal office address and telephone
number, and designate its responsible managing employee.
(e) Any plan manager or developer registration required in this section shall be renewed by December 31 of each even-numbered year, and any acquisition agent or exchange agent registration required in this section shall be renewed on December 31 of each odd-numbered year; provided that this subsection shall not relieve the person required to register from the obligation to notify the director promptly of any material change in any information submitted to the director, nor shall it relieve the developer of its obligation to promptly file amendments or supplements to the disclosure statement, and to promptly supply the amendments or supplements to purchasers of time share interests. Applications for renewal required by this section shall be deemed approved thirty days after receipt of all documents required under subsection (f) and section 16‑106-4.2, Hawaii Administrative Rules, unless the director issues a deficiency letter detailing the specific deficiencies of the filing before the end of the thirtieth day.
(f) An application for renewal of a developer registration shall be on a form prescribed by the director and shall include:
[(1) A current disclosure statement that meets
the requirements of section 514E-9 and section 16-106-3, Hawaii Administrative
Rules, if not already on file;
(2)] (1) A statement that is certified by the developer to be true and correct in
all respects and that identifies, as appropriate:
(A) The time share units in the time share
plan registered pursuant to this chapter; the total number of time share
interests registered for sale in each time share unit pursuant to this
chapter; and the total number of time share interests that have not yet been
sold as of the date specified in the developer's certification, which date
shall [not] be no more than sixty days [prior to] before
the date of the developer's certification; or
(B) The property in the time share plan
registered pursuant to this chapter; the total number of points registered for
sale in each property pursuant to this chapter; and the total number of points
in the time share plan that have not yet been sold as of the date specified in
the developer's certification, which date shall [not] be no more
than sixty days [prior to] before the date of the developer's
certification;
[(3)] (2) If the developer is a corporation, partnership, joint venture, limited liability
company, or limited liability partnership, an original certificate of good
standing issued by the business registration division of the department of
commerce and consumer affairs [not] no more than forty-five days
before the date of submission of the renewal application; and
[(4)] (3) The biennial renewal fee.
(g) Developers shall not be required to include the following in an application for renewal of a developer registration of a time share plan:
(1) A financial statement of the developer; or
(2) A policy of title insurance, a preliminary title report, abstract of title, or certificate of title on the time share units or time share interests in the time share plan.
(h) Any amendment to a time share plan registration required by this chapter, except for amendments that add inventory to or remove inventory from a time share plan, shall be approved by operation of law on the sixtieth day after the amendment is submitted to the director, unless the director issues a deficiency letter before the end of the sixtieth day.
A deficiency letter shall list all deficiencies and describe each deficiency in sufficient detail to enable the applicant to address the deficiency.
In the event that a deficiency letter is not issued within the sixty-day period, upon request by the applicant, the director shall furnish to the applicant, within ten business days after receipt of the applicant's request, a letter confirming that the amendment has been approved either by action of the director or by operation of law.
[(h)] (i) A developer's
application for registration or annexation shall include:
(1) A list of the projects containing the time share units that are included in the application and that are located outside the State; and
(2) A statement by the developer that it has verified that the use of each of those out-of-state time share units for time sharing purposes in the manner contemplated by the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
The developer shall not be required, as part of the developer registration, to submit any other evidence that the use of out-of-state time share units for time sharing purposes in the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
[[(i)]]
(j) To the extent that a time
share plan utilizes a title holding trust to protect the rights of purchasers
to use the time share property from blanket liens that may arise subsequent to
the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that title to the time share units or time share interest to be protected by a title holding trust has been conveyed to the trustee; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(j)]]
(k) To the extent that a time
share plan utilizes a notice of time share plan to protect the rights of
purchasers to use the time share property from blanket liens that may arise
subsequent to the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that a notice of time share plan has been recorded on title to the time share units or time share interests to be so protected; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(k)]]
(l) To the extent that a time
share plan utilizes alternative arrangements to protect the rights of
purchasers to use the time share property from blanket liens:
(1) The developer shall submit a title report showing the recordation of all documents that, as part of the alternative arrangements accepted by the director, are required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on September 1, 2026.
Report Title:
Time Shares; Registration; Renewal; Amendments; Director of Commerce and Consumer Affairs
Description:
Establishes that applications for registration renewals for time share developers, acquisition agents, plan managers, and exchange agents required by section 514E-10, HRS, shall be deemed approved thirty days after receipt of all required documents, unless the Director of Commerce and Consumer Affairs issues a deficiency letter within that period. Establishes that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the Director, unless the Director issues a deficiency letter within that period. Effective 9/1/2026. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1946 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO REGISTRATION OF TIME SHARES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that time share accommodations form an important component of Hawaii's visitor industry and provide a consistent and steady stream of visitors and revenue for the State's overall economy.
The legislature further finds that the time share industry itself has matured so that many of Hawaii's time share units are now associated with international hotel and lodging companies that hold reputable and recognized brands.
The legislature also finds that the State's existing time share registration requirement for developers requires filing for renewal of registrations and filing when there are amendments to time share plans. However, review and approval of these registrations are often significantly delayed, which creates a burden on the time share industry and its ability to maintain and attract time share owners and consumers. Delays in the approval of amendments also prevent consumers from receiving the most current information about purchases of time shares.
Accordingly, the purpose of this Act is to:
(1) Provide that applications for registration renewals required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved thirty days after receipt of all required documents, unless the director of commerce and consumer affairs issues a deficiency letter within that period; and
(2) Provide that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the director of commerce and consumer affairs, unless the director issues a deficiency letter within that period.
SECTION 2. Section 514E-10, Hawaii Revised Statutes, is amended to read as follows:
"§514E-10 Registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal; title report; title holding trusts. (a) A developer shall not offer or dispose of a time share unit or a time share interest unless the disclosure statement required by section 514E-9 is filed with the director pursuant to the time specified in this chapter, or the development is exempt from filing, and the time share plan to be offered by the developer is accepted by the director for registration under this chapter. The director shall not accept a developer's time share plan if the developer does not possess a history of honesty, truthfulness, financial integrity, and fair dealing.
(b)
An acquisition agent (including the developer if it is also the
acquisition agent) shall register under this chapter by filing with the
director a statement setting forth the time [sharing] share plan
for which it is providing prospective purchasers, its address, the telephone
number, other information required by the director as provided by rules adopted
pursuant to chapter 91, and, if the acquisition agent is not a natural person,
the name of the responsible managing employee; provided that an acquisition
agent licensed under chapter 467 as a real estate broker shall not be required
to register under this chapter. All
acquisition agents not licensed under chapter 467 shall be approved by the
director. The director shall not approve
any acquisition agent who is not of good character and who does not possess a
reputation for honesty, truthfulness, and fair dealing. The acquisition agent shall furnish evidence
that the acquisition agent is bonded as required by rules adopted by the
director pursuant to chapter 91 to cover any violation by the acquisition agent
of any solicitation ordinance or other regulation governing the use of the
premise or premises in which the time share plan is promoted; provided that the
acquisition agent shall be separately bonded for each time share plan for which
it is providing prospective purchases.
(c)
A plan manager (including the developer if it is also the plan manager)
shall register under this chapter by filing with the director a statement
setting forth the time [sharing] share plan that it is managing,
its principal office address, telephone number, and responsible managing
employee. The plan manager shall furnish
evidence that the plan manager is bonded as required by rules adopted by the
director pursuant to chapter 91 to cover any default of the plan manager and
any of its employees of their duties and responsibilities; provided that the
plan manager shall be separately bonded for each time share plan under the
management of the plan manager.
(d)
An exchange agent (including the developer if it is also an exchange
agent) shall register under this chapter by filing with the director a
statement setting forth the time [sharing] share plan for which
it is offering exchange services, its principal office address and telephone
number, and designate its responsible managing employee.
(e) Any plan manager or developer registration required in this section shall be renewed by December 31 of each even-numbered year, and any acquisition agent or exchange agent registration required in this section shall be renewed on December 31 of each odd-numbered year; provided that this subsection shall not relieve the person required to register from the obligation to notify the director promptly of any material change in any information submitted to the director, nor shall it relieve the developer of its obligation to promptly file amendments or supplements to the disclosure statement, and to promptly supply the amendments or supplements to purchasers of time share interests. Applications for renewal required by this section shall be deemed approved thirty days after receipt of all documents required under subsection (f) and section 16‑106-4.2, Hawaii Administrative Rules, unless the director issues a deficiency letter detailing the specific deficiencies of the filing before the end of the thirtieth day.
(f) An application for renewal of a developer registration shall be on a form prescribed by the director and shall include:
[(1) A current disclosure statement that meets
the requirements of section 514E-9 and section 16-106-3, Hawaii Administrative
Rules, if not already on file;
(2)] (1) A statement that is certified by the developer to be true and correct in
all respects and that identifies, as appropriate:
(A) The time share units in the time share
plan registered pursuant to this chapter; the total number of time share
interests registered for sale in each time share unit pursuant to this
chapter; and the total number of time share interests that have not yet been
sold as of the date specified in the developer's certification, which date
shall [not] be no more than sixty days [prior to] before
the date of the developer's certification; or
(B) The property in the time share plan
registered pursuant to this chapter; the total number of points registered for
sale in each property pursuant to this chapter; and the total number of points
in the time share plan that have not yet been sold as of the date specified in
the developer's certification, which date shall [not] be no more
than sixty days [prior to] before the date of the developer's
certification;
[(3)] (2) If the developer is a corporation, partnership, joint venture, limited
liability company, or limited liability partnership, an original certificate of
good standing issued by the business registration division of the department of
commerce and consumer affairs [not] no more than forty-five days
before the date of submission of the renewal application; and
[(4)] (3) The biennial renewal fee.
(g) Developers shall not be required to include the following in an application for renewal of a developer registration of a time share plan:
(1) A financial statement of the developer; or
(2) A policy of title insurance, a preliminary title report, abstract of title, or certificate of title on the time share units or time share interests in the time share plan.
(h) Any amendment to a time share plan registration required by this chapter, except for amendments that add inventory to or remove inventory from a time share plan, shall be approved by operation of law on the sixtieth day after the amendment is submitted to the director, unless the director issues a deficiency letter before the end of the sixtieth day.
A deficiency letter shall list all deficiencies and describe each deficiency in sufficient detail to enable the applicant to address the deficiency.
In the event that a deficiency letter is not issued within the sixty-day period, upon request by the applicant, the director shall furnish to the applicant, within ten business days after receipt of the applicant's request, a letter confirming that the amendment has been approved either by action of the director or by operation of law.
[(h)] (i) A developer's
application for registration or annexation shall include:
(1) A list of the projects containing the time share units that are included in the application and that are located outside the State; and
(2) A statement by the developer that it has verified that the use of each of those out-of-state time share units for time sharing purposes in the manner contemplated by the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
The developer shall not be required, as part of the developer registration, to submit any other evidence that the use of out-of-state time share units for time sharing purposes in the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
[[(i)]]
(j) To the extent that a time
share plan utilizes a title holding trust to protect the rights of purchasers
to use the time share property from blanket liens that may arise subsequent to
the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that title to the time share units or time share interest to be protected by a title holding trust has been conveyed to the trustee; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(j)]]
(k) To the extent that a time
share plan utilizes a notice of time share plan to protect the rights of
purchasers to use the time share property from blanket liens that may arise
subsequent to the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that a notice of time share plan has been recorded on title to the time share units or time share interests to be so protected; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(k)]]
(l) To the extent that a time
share plan utilizes alternative arrangements to protect the rights of
purchasers to use the time share property from blanket liens:
(1) The developer shall submit a title report showing the recordation of all documents that, as part of the alternative arrangements accepted by the director, are required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Time Shares; Registration; Renewal; Amendments; Director of Commerce and Consumer Affairs
Description:
Establishes that applications for registration renewals for time share developers, acquisition agents, plan managers, and exchange agents required by section 514E-10, HRS, shall be deemed approved thirty days after receipt of all required documents, unless the Director of Commerce and Consumer Affairs issues a deficiency letter within that period. Establishes that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the Director, unless the Director issues a deficiency letter within that period. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1946 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO REGISTRATION OF TIME SHARES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that time share accommodations form an important component of Hawaii's visitor industry and provide a consistent and steady stream of visitors and revenue for the State's overall economy.
The legislature further finds that the time share industry itself has matured so that many of Hawaii's time share units are now associated with international hotel and lodging companies that hold reputable and recognized brands.
The legislature also finds that the State's existing time share registration requirement for developers requires filing for renewal of registrations and filing when there are amendments to time share plans. However, review and approval of these registrations are often significantly delayed, which creates a burden on the time share industry and its ability to maintain and attract time share owners and consumers. Delays in the approval of amendments also prevent consumers from receiving the most current information about purchases of time shares.
Accordingly, the purpose of this Act is to:
(1) Provide that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved thirty days after receipt of all required documents; and
(2) Provide that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the director of commerce and consumer affairs, unless the director issues a deficiency letter within that period.
SECTION 2. Section 514E-10, Hawaii Revised Statutes, is amended to read as follows:
"§514E-10 Registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal; title report; title holding trusts. (a) A developer shall not offer or dispose of a time share unit or a time share interest unless the disclosure statement required by section 514E-9 is filed with the director pursuant to the time specified in this chapter, or the development is exempt from filing, and the time share plan to be offered by the developer is accepted by the director for registration under this chapter. The director shall not accept a developer's time share plan if the developer does not possess a history of honesty, truthfulness, financial integrity, and fair dealing.
(b)
An acquisition agent (including the developer if it is also the
acquisition agent) shall register under this chapter by filing with the
director a statement setting forth the time [sharing] share plan
for which it is providing prospective purchasers, its address, the telephone
number, other information required by the director as provided by rules adopted
pursuant to chapter 91, and, if the acquisition agent is not a natural person,
the name of the responsible managing employee; provided that an acquisition
agent licensed under chapter 467 as a real estate broker shall not be required
to register under this chapter. All
acquisition agents not licensed under chapter 467 shall be approved by the
director. The director shall not approve
any acquisition agent who is not of good character and who does not possess a
reputation for honesty, truthfulness, and fair dealing. The acquisition agent shall furnish evidence
that the acquisition agent is bonded as required by rules adopted by the
director pursuant to chapter 91 to cover any violation by the acquisition agent
of any solicitation ordinance or other regulation governing the use of the
premise or premises in which the time share plan is promoted; provided that the
acquisition agent shall be separately bonded for each time share plan for which
it is providing prospective purchases.
(c)
A plan manager (including the developer if it is also the plan manager)
shall register under this chapter by filing with the director a statement
setting forth the time [sharing] share plan that it is managing,
its principal office address, telephone number, and responsible managing
employee. The plan manager shall furnish
evidence that the plan manager is bonded as required by rules adopted by the
director pursuant to chapter 91 to cover any default of the plan manager and
any of its employees of their duties and responsibilities; provided that the
plan manager shall be separately bonded for each time share plan under the
management of the plan manager.
(d)
An exchange agent (including the developer if it is also an exchange
agent) shall register under this chapter by filing with the director a
statement setting forth the time [sharing] share plan for which
it is offering exchange services, its principal office address and telephone
number, and designate its responsible managing employee.
(e) Any plan manager or developer registration required in this section shall be renewed by December 31 of each even-numbered year, and any acquisition agent or exchange agent registration required in this section shall be renewed on December 31 of each odd-numbered year; provided that this subsection shall not relieve the person required to register from the obligation to notify the director promptly of any material change in any information submitted to the director, nor shall it relieve the developer of its obligation to promptly file amendments or supplements to the disclosure statement, and to promptly supply the amendments or supplements to purchasers of time share interests. Applications for renewal required by this section shall be deemed approved thirty days after receipt of all documents required under subsection (f) and section 16-106-4.2, Hawaii Administrative Rules.
(f) An application for renewal of a developer registration shall be on a form prescribed by the director and shall include:
[(1) A current disclosure statement that meets
the requirements of section 514E-9 and section 16-106-3, Hawaii Administrative
Rules, if not already on file;
(2)] (1) A statement that is certified by the developer to be true and correct in
all respects and that identifies, as appropriate:
(A) The time share units in the time share
plan registered pursuant to this chapter; the total number of time share
interests registered for sale in each time share unit pursuant to this
chapter; and the total number of time share interests that have not yet been
sold as of the date specified in the developer's certification, which date
shall [not] be no more than sixty days [prior to] before
the date of the developer's certification; or
(B) The property in the time share plan
registered pursuant to this chapter; the total number of points registered for
sale in each property pursuant to this chapter; and the total number of points
in the time share plan that have not yet been sold as of the date specified in
the developer's certification, which date shall [not] be no more
than sixty days [prior to] before the date of the developer's
certification;
[(3)] (2) If the developer is a corporation, partnership, joint venture, limited
liability company, or limited liability partnership, an original certificate of
good standing issued by the business registration division of the department of
commerce and consumer affairs [not] no more than forty-five days
before the date of submission of the renewal application; and
[(4)] (3) The biennial renewal fee.
(g) Developers shall not be required to include the following in an application for renewal of a developer registration of a time share plan:
(1) A financial statement of the developer; or
(2) A policy of title insurance, a preliminary title report, abstract of title, or certificate of title on the time share units or time share interests in the time share plan.
(h) Any amendment to a time share plan registration required by this chapter, except for amendments that add inventory to or remove inventory from a time share plan, shall be approved by operation of law on the sixtieth day after the amendment is submitted to the director unless the director issues a deficiency letter before the end of the sixtieth day.
A deficiency letter shall list all deficiencies and describe each deficiency in sufficient detail to enable the applicant to address the deficiency.
In the event that a deficiency letter is not issued within the sixty-day period, upon request by the applicant the director shall furnish to the applicant, within ten business days after receipt of the applicant's request, a letter confirming that the amendment has been approved either by action of the director or by operation of law.
[(h)] (i) A developer's
application for registration or annexation shall include:
(1) A list of the projects containing the time share units that are included in the application and that are located outside the State; and
(2) A statement by the developer that it has verified that the use of each of those out-of-state time share units for time sharing purposes in the manner contemplated by the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
The developer shall not be required, as part of the developer registration, to submit any other evidence that the use of out-of-state time share units for time sharing purposes in the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
[[(i)]]
(j) To the extent that a time
share plan utilizes a title holding trust to protect the rights of purchasers
to use the time share property from blanket liens that may arise subsequent to
the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that title to the time share units or time share interest to be protected by a title holding trust has been conveyed to the trustee; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(j)]]
(k) To the extent that a time
share plan utilizes a notice of time share plan to protect the rights of
purchasers to use the time share property from blanket liens that may arise
subsequent to the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that a notice of time share plan has been recorded on title to the time share units or time share interests to be so protected; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(k)]]
(l) To the extent that a time
share plan utilizes alternative arrangements to protect the rights of
purchasers to use the time share property from blanket liens:
(1) The developer shall submit a title report showing the recordation of all documents that, as part of the alternative arrangements accepted by the director, are required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Time Shares; Registration; Renewal; Amendments; Director of Commerce and Consumer Affairs
Description:
Provides that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved thirty days after receipt of all required documents. Provides that any amendment to a required time share plan registration shall be deemed approved by operation of law on the sixtieth day after the amendment is submitted to the Director of Commerce and Consumer Affairs, unless the Director issues a deficiency letter within that period. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1946 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO REGISTRATION OF TIME SHARES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that time share accommodations form an important component of Hawaii's visitor industry and provide a consistent and steady stream of visitors and revenue for the State's overall economy.
The legislature further finds that the time share industry itself has matured so that many of Hawaii's time share units are now associated with international hotel and lodging companies who hold reputable and recognized brands.
The legislature also finds that the State's existing time share registration requirement for developers requires filing for renewal of registrations and filing when there are amendments to time share plans. However, review and approval of these registrations are often significantly delayed, which creates a burden on the time share industry and its ability to maintain and attract time share owners and consumers. Delays in the approval of amendments also prevent consumers from receiving the most current information about purchases of time shares.
Accordingly, the purpose of this Act is to:
(1) Provide that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved upon delivery; and
(2) Provide that any amendment to a required time share plan registration shall be deemed approved by operation of law on the forty-fifth day after the amendment is submitted to the director of commerce and consumer affairs, unless the director issues a deficiency letter within that period.
SECTION 2. Section 514E-10, Hawaii Revised Statutes, is amended to read as follows:
"§514E-10 Registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal; title report; title holding trusts. (a) A developer shall not offer or dispose of a time share unit or a time share interest unless the disclosure statement required by section 514E-9 is filed with the director pursuant to the time specified in this chapter, or the development is exempt from filing, and the time share plan to be offered by the developer is accepted by the director for registration under this chapter. The director shall not accept a developer's time share plan if the developer does not possess a history of honesty, truthfulness, financial integrity, and fair dealing.
(b) An acquisition agent (including the developer if it is also the acquisition agent) shall register under this chapter by filing with the director a statement setting forth the time sharing plan for which it is providing prospective purchasers, its address, the telephone number, other information required by the director as provided by rules adopted pursuant to chapter 91, and, if the acquisition agent is not a natural person, the name of the responsible managing employee; provided that an acquisition agent licensed under chapter 467 as a real estate broker shall not be required to register under this chapter. All acquisition agents not licensed under chapter 467 shall be approved by the director. The director shall not approve any acquisition agent who is not of good character and who does not possess a reputation for honesty, truthfulness, and fair dealing. The acquisition agent shall furnish evidence that the acquisition agent is bonded as required by rules adopted by the director pursuant to chapter 91 to cover any violation by the acquisition agent of any solicitation ordinance or other regulation governing the use of the premise or premises in which the time share plan is promoted; provided that the acquisition agent shall be separately bonded for each time share plan for which it is providing prospective purchases.
(c) A plan manager (including the developer if it is also the plan manager) shall register under this chapter by filing with the director a statement setting forth the time sharing plan that it is managing, its principal office address, telephone number, and responsible managing employee. The plan manager shall furnish evidence that the plan manager is bonded as required by rules adopted by the director pursuant to chapter 91 to cover any default of the plan manager and any of its employees of their duties and responsibilities; provided that the plan manager shall be separately bonded for each time share plan under the management of the plan manager.
(d) An exchange agent (including the developer if it is also an exchange agent) shall register under this chapter by filing with the director a statement setting forth the time sharing plan for which it is offering exchange services, its principal office address and telephone number, and designate its responsible managing employee.
(e) Any plan manager or developer registration required in this section shall be renewed by December 31 of each even-numbered year, and any acquisition agent or exchange agent registration required in this section shall be renewed on December 31 of each odd-numbered year; provided that this subsection shall not relieve the person required to register from the obligation to notify the director promptly of any material change in any information submitted to the director, nor shall it relieve the developer of its obligation to promptly file amendments or supplements to the disclosure statement, and to promptly supply the amendments or supplements to purchasers of time share interests. Applications for renewal required by this section shall be deemed approved upon delivery.
(f) An application for renewal of a developer registration shall be on a form prescribed by the director and shall include:
(1) A current disclosure statement that meets the requirements of section 514E-9 and section 16-106-3, Hawaii Administrative Rules, if not already on file;
(2) A statement that is certified by the developer to be true and correct in all respects and that identifies, as appropriate:
(A) The time share units in the time share plan registered pursuant to this chapter; the total number of time share interests registered for sale in each unit pursuant to this chapter; and the total number of time share interests that have not yet been sold as of the date specified in the developer's certification, which date shall not be more than sixty days prior to the date of the developer's certification; or
(B) The property in the time share plan registered pursuant to this chapter; the total number of points registered for sale in each property pursuant to this chapter; and the total number of points in the time share plan that have not yet been sold as of the date specified in the developer's certification, which date shall not be more than sixty days prior to the date of the developer's certification;
(3) If the developer is a corporation, partnership, joint venture, limited liability company, or limited liability partnership, an original certificate of good standing issued by the business registration division of the department of commerce and consumer affairs not more than forty-five days before the date of submission of the renewal application; and
(4) The biennial renewal fee.
(g) Developers shall not be required to include the following in an application for renewal of a developer registration of a time share plan:
(1) A financial statement of the developer; or
(2) A policy of title insurance, a preliminary title report, abstract of title, or certificate of title on the units or time share interests in the time share plan.
(h) Any amendment to a time share plan registration required by this chapter, except for amendments that add inventory to or remove inventory from a plan, shall be approved by operation of law on the forty-fifth day after the amendment is submitted to the director unless the director issues a deficiency letter prior to the end of the review period.
A deficiency letter shall list all deficiencies and describe each deficiency in sufficient detail to enable the applicant to address the deficiency.
In the event that a deficiency letter is not issued within the forty-five-day period, upon request by the applicant the director shall furnish to the applicant, within ten business days after receipt of the applicant's request, a letter confirming that the amendment has been approved either by action of the director or by operation of law.
[(h)] (i) A developer's
application for registration or annexation shall include:
(1) A list of the projects containing the time share units that are included in the application and that are located outside the State; and
(2) A statement by the developer that it has verified that the use of each of those out-of-state time share units for time sharing purposes in the manner contemplated by the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
The developer shall not be required, as part of the developer registration, to submit any other evidence that the use of out-of-state time share units for time sharing purposes in the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
[[(i)]]
(j) To the extent that a time
share plan utilizes a title holding trust to protect the rights of purchasers
to use the time share property from blanket liens that may arise subsequent to
the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that title to the time share units or time share interest to be protected by a title holding trust has been conveyed to the trustee; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(j)]]
(k) To the extent that a time
share plan utilizes a notice of time share plan to protect the rights of
purchasers to use the time share property from blanket liens that may arise
subsequent to the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that a notice of time share plan has been recorded on title to the time share units or time share interests to be so protected; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(k)]]
(l) To the extent that a time
share plan utilizes alternative arrangements to protect the rights of
purchasers to use the time share property from blanket liens:
(1) The developer shall submit a title report showing the recordation of all documents that, as part of the alternative arrangements accepted by the director, are required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Time Shares; Registration; Renewal; Amendments; Director of Commerce and Consumer Affairs
Description:
Provides that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved upon delivery. Provides that any amendment to a required time share plan registration shall be deemed approved by operation of law on the forty-fifth day after the amendment is submitted to the Director of Commerce and Consumer Affairs, unless the Director issues a deficiency letter within that period. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1946 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO REGISTRATION OF TIME SHARES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that time share accommodations form an important component of Hawaii's visitor industry and provide a consistent and steady stream of visitors and revenue for the State's overall economy.
The legislature further finds that the time share industry itself has matured so that many of Hawaii's time share units are now associated with international hotel and lodging companies who hold reputable and recognized brands.
The legislature also finds that the State's existing time share registration requirement for developers requires filing for renewal of registrations and filing when there are amendments to time share plans. However, review and approval of these registrations are often significantly delayed, which creates a burden on the time share industry and its ability to maintain and attract time share owners and consumers. Delays in the approval of amendments also prevent consumers from receiving the most current information about purchases of time shares.
Accordingly, the purpose of this Act is to:
(1) Provide that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved upon delivery; and
(2) Provide that any amendment to a required time share plan registration shall be deemed approved by operation of law on the forty-fifth day after the amendment is submitted to the director of commerce and consumer affairs, unless the director issues a deficiency letter within that period.
SECTION 2. Section 514E-10, Hawaii Revised Statutes, is amended to read as follows:
"§514E-10 Registration required; developer, acquisition agent, plan manager, and exchange agent; registration renewal; title report; title holding trusts. (a) A developer shall not offer or dispose of a time share unit or a time share interest unless the disclosure statement required by section 514E-9 is filed with the director pursuant to the time specified in this chapter, or the development is exempt from filing, and the time share plan to be offered by the developer is accepted by the director for registration under this chapter. The director shall not accept a developer's time share plan if the developer does not possess a history of honesty, truthfulness, financial integrity, and fair dealing.
(b) An acquisition agent (including the developer if it is also the acquisition agent) shall register under this chapter by filing with the director a statement setting forth the time sharing plan for which it is providing prospective purchasers, its address, the telephone number, other information required by the director as provided by rules adopted pursuant to chapter 91, and, if the acquisition agent is not a natural person, the name of the responsible managing employee; provided that an acquisition agent licensed under chapter 467 as a real estate broker shall not be required to register under this chapter. All acquisition agents not licensed under chapter 467 shall be approved by the director. The director shall not approve any acquisition agent who is not of good character and who does not possess a reputation for honesty, truthfulness, and fair dealing. The acquisition agent shall furnish evidence that the acquisition agent is bonded as required by rules adopted by the director pursuant to chapter 91 to cover any violation by the acquisition agent of any solicitation ordinance or other regulation governing the use of the premise or premises in which the time share plan is promoted; provided that the acquisition agent shall be separately bonded for each time share plan for which it is providing prospective purchases.
(c) A plan manager (including the developer if it is also the plan manager) shall register under this chapter by filing with the director a statement setting forth the time sharing plan that it is managing, its principal office address, telephone number, and responsible managing employee. The plan manager shall furnish evidence that the plan manager is bonded as required by rules adopted by the director pursuant to chapter 91 to cover any default of the plan manager and any of its employees of their duties and responsibilities; provided that the plan manager shall be separately bonded for each time share plan under the management of the plan manager.
(d) An exchange agent (including the developer if it is also an exchange agent) shall register under this chapter by filing with the director a statement setting forth the time sharing plan for which it is offering exchange services, its principal office address and telephone number, and designate its responsible managing employee.
(e) Any plan manager or developer registration required in this section shall be renewed by December 31 of each even-numbered year, and any acquisition agent or exchange agent registration required in this section shall be renewed on December 31 of each odd-numbered year; provided that this subsection shall not relieve the person required to register from the obligation to notify the director promptly of any material change in any information submitted to the director, nor shall it relieve the developer of its obligation to promptly file amendments or supplements to the disclosure statement, and to promptly supply the amendments or supplements to purchasers of time share interests. Applications for renewal required by this section shall be deemed approved upon delivery.
(f) An application for renewal of a developer registration shall be on a form prescribed by the director and shall include:
(1) A current disclosure statement that meets the requirements of section 514E-9 and section 16-106-3, Hawaii Administrative Rules, if not already on file;
(2) A statement that is certified by the developer to be true and correct in all respects and that identifies, as appropriate:
(A) The time share units in the time share plan registered pursuant to this chapter; the total number of time share interests registered for sale in each unit pursuant to this chapter; and the total number of time share interests that have not yet been sold as of the date specified in the developer's certification, which date shall not be more than sixty days prior to the date of the developer's certification; or
(B) The property in the time share plan registered pursuant to this chapter; the total number of points registered for sale in each property pursuant to this chapter; and the total number of points in the time share plan that have not yet been sold as of the date specified in the developer's certification, which date shall not be more than sixty days prior to the date of the developer's certification;
(3) If the developer is a corporation, partnership, joint venture, limited liability company, or limited liability partnership, an original certificate of good standing issued by the business registration division of the department of commerce and consumer affairs not more than forty-five days before the date of submission of the renewal application; and
(4) The biennial renewal fee.
(g) Developers shall not be required to include the following in an application for renewal of a developer registration of a time share plan:
(1) A financial statement of the developer; or
(2) A policy of title insurance, a preliminary title report, abstract of title, or certificate of title on the units or time share interests in the time share plan.
(h) Any amendment to a time share plan registration required by this chapter, except for amendments that add inventory to or remove inventory from a plan, shall be approved by operation of law on the forty-fifth day after the amendment is submitted to the director, unless the director issues a deficiency letter prior to the end of the review period.
A deficiency letter shall list all deficiencies and describe each deficiency in sufficient detail to enable the applicant to address the deficiency.
In the event that a deficiency letter is not issued within the forty-five-day period, upon request by the applicant, the director shall furnish to the applicant, within ten business days after receipt of the applicant's request, a letter confirming that the amendment has been approved either by action of the director or by operation of law.
[(h)] (i) A developer's
application for registration or annexation shall include:
(1) A list of the projects containing the time share units that are included in the application and that are located outside the State; and
(2) A statement by the developer that it has verified that the use of each of those out-of-state time share units for time sharing purposes in the manner contemplated by the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
The developer shall not be required, as part of the developer registration, to submit any other evidence that the use of out-of-state time share units for time sharing purposes in the developer's time share plan is either in compliance with or not prohibited by the zoning and land use laws and regulations of the jurisdiction where the time share units are located.
[[(i)]]
(j) To the extent that a time
share plan utilizes a title holding trust to protect the rights of purchasers
to use the time share property from blanket liens that may arise subsequent to
the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that title to the time share units or time share interest to be protected by a title holding trust has been conveyed to the trustee; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(j)]]
(k) To the extent that a time
share plan utilizes a notice of time share plan to protect the rights of
purchasers to use the time share property from blanket liens that may arise
subsequent to the closing of the sale of a time share interest:
(1) The developer shall submit a title report:
(A) Showing that a notice of time share plan has been recorded on title to the time share units or time share interests to be so protected; and
(B) Showing the recordation of any documents required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens that will remain on title subsequent to the closing; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter.
[[(k)]]
(l) To the extent that a time
share plan utilizes alternative arrangements to protect the rights of
purchasers to use the time share property from blanket liens:
(1) The developer shall submit a title report showing the recordation of all documents that, as part of the alternative arrangements accepted by the director, are required to be recorded for the purpose of protecting the rights of purchasers to use the time share property from blanket liens; and
(2) The developer shall not thereafter be required to submit additional title reports on property covered by a title report that meets the requirements of paragraph (1) unless otherwise required in another section of this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2027.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Time Shares; Registration; Renewal; Amendments; Director of Commerce and Consumer Affairs
Description:
Provides that applications for registration renewal required by section 514E-10, Hawaii Revised Statutes, shall be deemed approved upon delivery. Provides that any amendment to a required time share plan registration shall be deemed approved by operation of law on the forty-fifth day after the amendment is submitted to the Director of Commerce and Consumer Affairs, unless the Director issues a deficiency letter within that period. Effective 1/1/2027.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| May 19, 2026 | Act 015, on 05/19/2026 (Gov. Msg. No. 1115). |
| May 19, 2026 | Act 015, 05/19/2026 (Gov. Msg. No. 1115). |
| Apr 24, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 823). |
| Apr 23, 2026 | Transmitted to Governor. |
| Apr 23, 2026 | Passed Final Reading as amended in SD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Evslin excused (1). |
| Apr 23, 2026 | House agrees to Senate amendment(s). |
| Apr 23, 2026 | Received notice of Senate conferees (Sen. Com. No. 725). |
| Apr 23, 2026 | Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815). |
| Apr 23, 2026 | Received notice of the discharge of all House Conferees (Hse. Com. No. 813). |
| Apr 22, 2026 | Senate Conferees Appointed: DeCoite Chair; Lamosao Co-Chair; Wakai. |
| Apr 22, 2026 | Reconsideration of action taken on 04-16-26. |
| Apr 22, 2026 | House Conferee(s) discharged. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 786). |
| Apr 20, 2026 | House Conferees Appointed: Tam, Matayoshi Co-Chairs; Templo, Gedeon. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 643) in amended form (SD 2). |
| Apr 14, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 10, 2026 | Reported from CPN (Stand. Com. Rep. No. 3717) with recommendation of passage on Third Reading, as amended (SD 2). |
| Apr 7, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa. |
| Apr 2, 2026 | The committee(s) on CPN will hold a public decision making on 04-07-26 9:25AM; Conference Room 229 & Videoconference. |
| Mar 25, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN. |
| Mar 25, 2026 | Reported from EDT (Stand. Com. Rep. No. 3196) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN. |
| Mar 19, 2026 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EDT were as follows: 5 Aye(s): Senator(s) DeCoite, Wakai, Fukunaga, Kim, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 16, 2026 | The committee(s) on EDT has scheduled a public hearing on 03-19-26 1:00PM; Conference Room 229 & Videoconference. |
| Mar 12, 2026 | Referred to EDT, CPN. |
| Mar 12, 2026 | Passed First Reading. |
| Mar 12, 2026 | Received from House (Hse. Com. No. 320). |
| Mar 10, 2026 | Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate. |
| Mar 6, 2026 | Forty-eight (48) hours notice Tuesday, 03-10-26. |
| Mar 6, 2026 | Reported from CPC (Stand. Com. Rep. No. 1045-26) as amended in HD 2, recommending passage on Third Reading. |
| Feb 26, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Lowen, Tam; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Iwamoto, Marten, Pierick. |
| Feb 24, 2026 | Bill scheduled to be heard by CPC on Thursday, 02-26-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE. |
| Feb 18, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and none excused (0). |
| Feb 18, 2026 | Reported from TOU (Stand. Com. Rep. No. 407-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC. |
| Feb 12, 2026 | The committee on TOU recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Tam, Templo, Hussey, Ilagan, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Holt. |
| Feb 10, 2026 | Bill scheduled to be heard by TOU on Thursday, 02-12-26 10:30AM in House conference room 423 VIA VIDEOCONFERENCE. |
| Jan 28, 2026 | Referred to TOU, CPC, referral sheet 3 |
| Jan 26, 2026 | Introduced and Pass First Reading. |
| Jan 23, 2026 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 23, 2026 | Final Reading | House Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
|
| Apr 7, 2026 | The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Commerce and Consumer Protection |
Passed |
|
| Mar 19, 2026 | The committee(s) on EDT recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Economic Development and Tourism |
Passed |
|
| Mar 10, 2026 | Third Reading | House Floor |
Passed |
|
| Feb 26, 2026 | The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Consumer Protection & Commerce |
Passed |
|
| Feb 12, 2026 | The committee on TOU recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Tourism |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Resort Development Association Hawaii | ** Support | |
| ARDA Hawaii | *** Support | Mar 19, 2026 |
| ARDA-HAWAII | *** Support | Mar 19, 2026 |
| Hilton Grand Vacations | *** Support | Apr 7, 2026 |
| Kohala Coast Resort Association | *** Support | Apr 7, 2026 |
| Marriott Vacations Worldwide Corporation | ** Support | |
| Marriott Vacations Worldwide Corporation | *** Support | Apr 7, 2026 |
| Marriott Vacations Worldwide Corporation | *** Support | Feb 26, 2026 |
| McCorriston Miller Mukai MacKinnon LLP | *** Support | Mar 19, 2026 |
| Travel + Leisure | ** Support | |
| Travel + Leisure Co. | *** Support | Apr 7, 2026 |
STAND. COM. REP. NO. 1045-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1946
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1946, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO REGISTRATION OF TIME SHARES,"
begs leave to report as follows:
The purpose of this measure is to provide, for time share registration applications, that:
(1) Application renewals shall be deemed approved upon delivery;
(2) Certain amendments to time share plans are to be approved by operation of law on the forty-fifth day after the amendment is submitted unless the Director of Commerce and Consumer Affairs issues a deficiency letter; and
(3) The Director is to provide a letter, upon request, confirming that an amendment has been approved, whether by action of the Director or by operation of law.
Your Committee finds that resort developers, plan managers, and exchange agents are required to submit time share registration renewal filings on a biennial basis, yet applicants frequently experience significant delays, often waiting years for the required renewals to be approved. The delay in approving routine renewals and amendments results in consumers receiving Hawaii disclosure statements that do not contain the most current information. This measure will allow for greater administrative efficiency without diminishing consumer protections.
Your Committee has amended this measure by:
(1) Clarifying that applications for renewal shall be deemed approved thirty days after receipt of all required documents, rather than upon delivery of the application;
(2) Deleting language requiring an application for renewal to include amendments to program documents and disclosure statements;
(3) Extending the period for the automatic approval of applications for amendments, other than amendments to add or remove time share inventory, if a deficiency letter is not issued from forty-five days to sixty days; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
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. 1946, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1946, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
|
|
|
____________________________ SCOT Z. MATAYOSHI, Chair |
|
|
|
|
STAND. COM. REP. NO. 407-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1946
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Tourism, to which was referred H.B. No. 1946 entitled:
"A BILL FOR AN ACT RELATING TO REGISTRATION OF TIME SHARES,"
begs leave to report as follows:
The purpose of this measure is to provide that:
(1) Applications for registration renewal required under section 514E-10, Hawaii Revised Statutes, shall be deemed approved upon delivery; and
(2) Any amendment to a required time share plan registration shall be deemed approved by operation of law on the forty-fifth day after the amendment is submitted to the Director of Commerce and Consumer Affairs, unless the Director issues a deficiency letter within that period.
Your Committee finds that time share accommodations are an important part of the State's visitor industry and provide a consistent and steady stream of visitors and revenue. Your Committee further finds that the State's time share registration requirements require developers to file an application with the Department of Commerce and Consumer Affairs for registration renewals or when there is an amendment to the plan. However, review and approval of these filings are often delayed, which impairs the time share industry's ability to maintain and attract time share owners and consumers and prevents consumers from receiving the most current information about purchases of time shares. This measure is intended to streamline the time share registration renewal and amendment filing process by establishing a framework for the automatic approval of certain statutorily required filings.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Tourism that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1946, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1946, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Tourism,
|
|
|
____________________________ ADRIAN K. TAM, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Apr 7, 2026 | HB1946_SD1_TESTIMONY_CPN_04-07-26_.PDF |
| Mar 19, 2026 | HB1946_HD2_TESTIMONY_EDT_03-19-26_.PDF |
| Feb 26, 2026 | HB1946_HD1_TESTIMONY_CPC_02-26-26_.PDF |
| Feb 12, 2026 | HB1946_TESTIMONY_TOU-ECD_02-12-26_.PDF |
Discussed in Hearing
1MIN
Senate Standing Committee on Economic Development and Tourism
56SEC
Senate Standing Committee on Economic Development and Tourism
1MIN
House Standing Committee on Consumer Protection & Commerce
57SEC
House Standing Committee on Consumer Protection & Commerce
5MIN
House Standing Committee on Tourism
5MIN
House Standing Committee on Economic Development & Technology
1MIN
House Standing Committee on Tourism
1MIN
House Standing Committee on Economic Development & Technology
Bill Author
