Bill Text: HI HB211 | 2023 | Regular Session | Amended
Bill Title: Relating To Transient Accommodations.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2023-02-07 - 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). [HB211 Detail]
Download: Hawaii-2023-HB211-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
211 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSIENT ACCOMMODATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 237D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§237D- Transient
accommodations brokers. (a)
All transient accommodations brokers, prior to publishing an
advertisement, including an online advertisement, on the availability of a property
for lease or rent on behalf of an operator or plan manager shall:
(1) Notify the
operator or plan manager that the subject property is required to be in
compliance with applicable state and county land use laws and ordinances prior
to retaining the services of the transient accommodations broker;
(2) Require the
operator or plan manager to provide the transient accommodations broker with
the operator or plan manager's registration identification number and local
contact information and include this information in the advertisement, pursuant
to section 237D-4;
(3) Require the
operator or plan manager to provide the transient accommodations broker with
verification of compliance with state and county land use laws in the form of a
written certification, verification, or permit, as applicable, issued by the
appropriate county agency; and
(4) Require the
operator or plan manager to provide a statement to the transient accommodations
broker confirming compliance with all applicable land use laws and ordinances.
(b) An operator or plan manager shall remove any
advertisement published through the transient accommodations broker, including
an online advertisement, for a transient accommodation located in the State for
which the operator or plan manager fails to comply with subsection (a)(2), (3),
or (4) or for which the operator or plan manager has received written notice
from a state or county governmental authority that the property is not in
compliance with state law or county ordinance, as applicable. The state or county governmental authority
shall provide a copy of the written notice to the transient accommodations
broker.
(c) Nothing in this section shall be construed to
preempt or prohibit the authority of a unit of local government in the State, including
counties and any other political subdivisions of the State, to adopt, monitor,
and enforce local land use ordinances, rules, or regulations, nor to transfer
the authority to monitor and enforce these ordinances, rules, or regulations
away from the counties."
SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§481B- Transient accommodations brokers. (a) It shall be unlawful for a transient accommodations broker to engage in business with an operator or plan manager, including any person or entity employed, contracted, or otherwise engaged by the operator or plan manager for property management or as an activity provider, who is not in compliance with all state laws and county ordinances, including any laws and ordinances regarding land use, taxes, and professional licenses.
(b) It shall be unlawful for a transient
accommodations broker, on behalf of an operator or plan manager, to employ,
contract, or otherwise engage in business with any person or entity to manage
any property of the operator or plan manager or to act as an activity provider
for transients served by the operator or plan manager if the person or entity
is not in compliance with all state laws and county ordinances, including laws
and ordinances regarding land use, taxes, and professional licenses.
(c) Violation of this section is a misdemeanor
and shall be punishable by a fine of no less than $10,000.
(d) For the purposes of this section:
"Activity provider" has
the same meaning as in section 468M-1.
"Operator" has the same
meaning as in section 237D-1.
"Plan manager" has the
same meaning as in section 237D-1.
"Transient
accommodations" has the same meaning as in section 237D-1.
"Transient accommodations
broker" has the same meaning as in section 237D-1.
§481B- Booking services. (a) It shall be unlawful for a hosting platform to provide, and collect a fee for, booking services in connection with transient vacation rentals located in the State if those transient vacation rentals are not lawfully certified, registered, or permitted as a transient vacation rental under applicable county ordinance at the time the transient vacation rental is rented.
(b) The appropriate officer or agency charged
with the administration of county zoning laws shall enforce this section within
each county.
(c) Violation of this section shall be a misdemeanor
and shall be punishable by a fine of no less than $10,000.
(d) For the purposes of this section:
"Booking service" means
any reservation or payment service provided by a person or entity that
facilitates a transient vacation rental transaction between an operator and a
prospective renter, and for which the person or entity collects or receives,
directly or indirectly through an agent or intermediary, a fee in connection
with the reservation or payment services provided for the transient vacation rental
transaction.
"County" means the city
and county of Honolulu and the counties of Hawaii; Kauai; and Maui, which shall
include the county of Kalawao.
"Hosting platform" means
a person or entity that participates in the transient vacation rental business
by:
(1) Providing, and
collecting or receiving a fee for, booking services through which an operator
may offer a transient vacation rental unit; or
(2) Providing
booking services through an online platform that allows an operator to
advertise the transient vacation rental unit through a website provided by the person
or entity and conducting a transaction by which potential renters arrange use
and payment, whether the renter pays rent directly to the operator or to the person
or entity.
"Operator" means any
person operating a transient vacation rental, whether as owner or proprietor or
as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or
engaging or continuing in any service business that involves the actual
furnishing of a transient vacation rental.
"Transient vacation rental" means "transient vacation rental", "transient vacation unit", or "transient vacation use", as defined by county ordinance."
SECTION 3. Section 237D-1, Hawaii Revised Statutes, is amended by amending the definition of "transient accommodations broker" to read as follows:
""Transient accommodations broker" means any person or entity, including but not limited to persons who operate online websites, online travel agencies, or online booking agencies, that offers, lists, advertises, facilitates, or accepts reservations or collects whole or partial payment for transient accommodations or resort time share vacation interests, units, or plans."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on June 30, 3000.
Report Title:
Transient Accommodations Brokers; Advertising; Requirements
Description:
Establishes requirements for transient accommodations brokers prior to publishing an advertisement on the availability of a property for lease or rent on behalf of an operator or plan manager. Prohibits transient accommodations brokers from engaging in business with an operator or plan manager who is not in compliance with state laws and county ordinances. Prohibits a hosting platform from providing booking services in connection with a transient vacation rental that is not lawfully certified, registered, or permitted as a transient vacation rental under applicable county ordinance. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
