Bill Text: HI HB23 | 2014 | Regular Session | Amended
Bill Title: Real Estate; Custodians or Caretakers; Rental Properties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB23 Detail]
Download: Hawaii-2014-HB23-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
23 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO REAL ESTATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that pursuant to chapter 467, Hawaii Revised Statutes, an unlicensed custodian or caretaker may lease, rent, or manage property for a single owner. Acting on behalf of more than one owner while leasing, renting, or managing property requires licensure under chapter 467, Hawaii Revised Statutes.
The purpose of this Act is to clarify the activities custodians or caretakers may engage in under chapter 467, Hawaii Revised Statutes.
PART II
SECTION 2. Section 467-1, Hawaii Revised Statutes, is amended by amending the definition of "custodian or caretaker" to read as follows:
""Custodian or caretaker" means
any individual, who for compensation or valuable consideration, is employed as
an employee by a single owner and has the responsibility to manage or care for
that real property left in the individual's trust; provided that the term
"custodian" or "caretaker" shall not include any individual
who leases or offers to lease, [or] rents or offers to rent, or manages
or offers to manage any real estate for more than a single owner, or who acts
as a designated agent pursuant to section 521-43(f) or a local contact pursuant
to Act 326, Session Laws of Hawaii 2012, for any real estate for more than
a single owner; provided further that a single owner shall not include an
association of owners of a condominium, cooperative, or planned unit
development."
SECTION 3. Section 467-2, Hawaii Revised Statutes, is amended to read as follows:
"§467-2 Exceptions. The provisions requiring licensing as a real estate broker or salesperson shall not apply:
(1) To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;
(2) To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;
(3) To any individual who leases, offers to lease,
rents, [or] offers to rent, manages, or offers to manage any real
estate or the improvements thereon of which the individual is the custodian or
caretaker; or who acts as a designated agent pursuant to section 521-43(f) or a
local contact pursuant to Act 326, Session Laws of Hawaii 2012, for any
real estate or the improvements thereon of which the individual is the
custodian or caretaker;
(4) To any person who manages, rents, or operates a hotel; or
(5) To any provider agency owning, leasing, operating, or managing a homeless facility or any other program for the homeless authorized under part XVII of chapter 346."
PART III
SECTION 4. Section 467-1, Hawaii Revised Statutes, is amended by amending the definition of "custodian or caretaker" to read as follows:
""Custodian or caretaker" means
any individual, who for compensation or valuable consideration, is employed as
an employee by a single owner and has the responsibility to manage or care for
that real property left in the individual's trust; provided that the term
"custodian" or "caretaker" shall not include any individual
who leases or offers to lease, [or] rents or offers to rent, or manages
or offers to manage any real estate for more than a single owner, or who acts
as a designated agent pursuant to section 521-43(f) for any real estate for
more than a single owner; provided further that a single owner shall not
include an association of owners of a condominium, cooperative, or planned unit
development."
SECTION 5. Section 467-2, Hawaii Revised Statutes, is amended to read as follows:
"§467-2 Exceptions. The provisions requiring licensing as a real estate broker or salesperson shall not apply:
(1) To any individual who, as owner of any real estate or acting under power of attorney from the owner, performs any of the acts enumerated in the definitions of real estate broker and real estate salesperson with reference to the real estate; provided that the term "owner" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or include an individual who acquires any interest in any real estate for the purpose or as a means of evading the licensing requirements of this chapter; and provided further that the term individual "acting under power of attorney" as used in this paragraph shall not include any individual engaged in the business of real estate development or brokerage or any individual who acts under a power of attorney for the purpose or as a means of evading the licensing requirements of this chapter;
(2) To any person acting as a receiver, trustee in bankruptcy, personal representative, or trustee acting under any trust agreement, deed of trust, or will, or otherwise acting under any order of authorization of any court;
(3) To any individual who leases, offers to lease,
rents, [or] offers to rent, manages, or offers to manage any real
estate or the improvements thereon of which the individual is the custodian or
caretaker; or who acts as a designated agent pursuant to section 521-43(f) for
any real estate or the improvements thereon of which the individual is the
custodian or caretaker;
(4) To any person who manages, rents, or operates a hotel; or
(5) To any provider agency owning, leasing, operating, or managing a homeless facility or any other program for the homeless authorized under part XVII of chapter 346."
PART IV
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2112; provided that upon the repeal of Act 326, Session Laws of Hawaii 2012, on December 31, 2015, part II of this Act shall be repealed and part III of this Act shall take effect.
Report Title:
Real Estate; Custodians or Caretakers; Rental Properties
Description:
Clarifies the activities custodians or caretakers may engage in under chapter 467, Hawaii Revised Statutes. Effective 1/1/2112. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
