Hawaii-2014-HB23-Introduced

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:

(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 upon its approval; 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.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	23
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII