SENATE FLOOR AMENDMENT


FLOOR AMENDMENT NO. 13                   DATE: March 9, 1999     

TO:  S.B. No. 112



     Senate Bill No. 112, is amended as follows:

     1.  By designating Section 1 on page 1, line 1, as Part I as
follows:

                            "PART I."

     2.  By adding a new Part II, consisting of Sections 2, 3,
and 4, to read as follows:

                            "PART II.
     SECTION 2.  The legislature finds that the real estate
commission collects annual fees from condominium owners
associations for deposit to the condominium management education
fund.  In recent years, the number of training and workshop
opportunities provided for condominium management has been
limited.  Therefore, excess funds are at-risk of being deposited
into the general fund.  In an effort to keep government
operations from growing too large, condominium associations need
representation on the real estate commission rather than the
establishment of a condominium commission.
     Funds from the education fund are currently being used for
staffing the commission for non-education fund purposes, contrary
to legislative intent.  The legislature further finds that it
should be the condominium associations that make decisions
regarding the appropriate use of the fund.  Therefore, the
purpose of this part is to add two additional seats to the
commission who represent the interests of condominium governance
organizations and prohibit the use of education funds for
purposes other than the condominium education fund.
     SECTION 3.  Section 467-3, Hawaii Revised Statutes, is
amended to read as follows:
     "467-3  Commission, appointments, qualifications, tenure.
There shall be appointed a commission to be known as the real
estate commission, [to consist] consisting of [nine] eleven
members, at least four of whom shall be licensed real estate
brokers who have been engaged in business as licensed real estate
brokers or salespersons for three years immediately preceding
their appointments, each of whom shall be a citizen of the United
States and shall have resided in the State for at least three
years preceding appointment, and one of whom shall be designated
by the appointing power as chairperson.  Four members shall be
residents of the city and county of Honolulu, one shall be a
resident of the county of Hawaii, one shall be a resident of the
FLOOR AMENDMENT NO.__________________                      Page 2


county of Maui, and one shall be a resident of the county of
Kauai and [two] four members shall be public members.  At least
two of the eleven members shall be apartment owners of units in
condominium property regimes who represent the interests of
condominium governance organizations.
     Appointments shall be made for a term of four years,
commencing from the date of expiration of the last preceding term
and shall be made to expire on June 30.  Appointments shall be
made so that at least one appointment shall be required each
year.
     Any vacancy shall be filled by appointment for the unexpired
term."
     SECTION 4.  Section 514A-133, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
     "(b)  [The] In order to carry out the responsibilities under
this part, the commission and the director of commerce and
consumer affairs may use moneys in the condominium management
education fund to employ necessary personnel not subject to
chapters 76 and 77 for additional staff support, hired
exclusively to carry out responsibilities under this part, to
provide office space, and to purchase equipment, furniture, and
supplies [required by the commission to carry out its
responsibilities under this part].  Moneys used from the
condominium management education fund must exclusively be used to
carry out the commission's responsibilities under this part.""

     3.  By redesignating Section 2 as Section 5 and amending it
to read as follows:

     "SECTION 5.  Statutory material to be repealed is bracketed.
New statutory material is underscored."  

     4.   By redesignating Section 3 as Section 6.  




Offered by:_____________________       (    ) Carried

                                       (    ) Failed to Carry

                                       (    ) Withdrawn