Bill Text: HI HB29 | 2020 | Regular Session | Introduced
Bill Title: Related To Transient Accommodations.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB29 Detail]
Download: Hawaii-2020-HB29-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
29 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
related to transient accommodations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The purpose of this Act is to encourage transparency in the use of units as transient accommodations in community and condominium associations by requiring: (1) members or unit owners who lease their properties as transient accommodations to report such actions to their associations; (2) associations to transmit information about properties being leased as transient accommodations to the county planning departments and the department of business, economic development and tourism; (3) associations to make its reports available to all members and unit owners; and (4) the department of business, economic development and tourism to submit reports about the apartments and condominium units being leased as transient accommodations to the legislature.
PART II
SECTION 2. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
(1) Name of the member or the local contact for
the unit leased as a transient accommodation;
(2) The
registration identification number issued for the unit by the department of
taxation pursuant to section 237D-4;
(3) Physical
address and tax map key number of the unit being leased as a transient
accommodation;
(4) Months
during the calendar year ending on December 31, that the unit was available for
lease as a transient accommodation;
(5) Specific
dates during the calendar year ending December 31 that the unit was leased as a
transient accommodation; and
(6) The
months during the next twelve calendar months starting January 1 that the
member anticipates offering the unit for lease as a transient accommodation.
(c) Association report to the department. The association shall submit a report to the
department and the county planning department for the county within which the
association is located containing the information submitted by the member under
subsection (b) no later than
of each year. The association's report
to the department shall be available for examination by all members at no cost within
thirty days after the report is submitted to the county and the department.
(d) Report to the legislature. The department shall compile the information
submitted by associations pursuant to subsection (c) and submit a report to the
legislature no later than of
each year.
(e) For the purposes of this section, "department" means the department of business, economic development, and tourism."
SECTION 3. Section 421J-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Local
contact" has the same meaning as in section 237D-1.
"Transient accommodation" has the same meaning as "transient accommodations" in section 237D-1."
PART III
SECTION 4. Chapter 514B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§514B- Transient accommodations; reports. (a)
Unit owner's initial registration with the association. Whenever an association's declaration or
bylaws do not prohibit the lease of a unit as a transient accommodation, the
unit owner shall inform the association in writing no later than thirty days
after the unit is advertised for lease for the first time as a transient
accommodation or the time set forth in the association's declaration or bylaws,
whichever occurs later.
(b) Annual report and registration with the
association. Whenever an association's
declaration or bylaws do not prohibit the lease of a unit as a transient
accommodation and the unit owner has registered with the association pursuant
to subsection (a), the unit owner shall submit a written report to the
association no later than December 31 of each year containing the following
information:
(1) Name of the unit owner or the local contact
for the unit leased as a transient accommodation;
(2) The
registration identification number issued for the unit by the department of
taxation pursuant to section 237D-4;
(3) Physical
address and tax map key number of the unit being leased as a transient
accommodation;
(4) Months
during the calendar year ending December 31 that the unit was available for
lease as a transient accommodation;
(5) Specific
dates during the calendar ending on December 31 that the unit was leased as a
transient accommodation; and
(6) The
months during the next twelve calendar months starting January 1 that the
member anticipates offering the unit for lease as a transient accommodation.
(c) Association report to the department. The association shall submit a report to the
department and the county planning department for the county within which the
association is located containing the information submitted by the unit owner under
subsection (b) no later than
of each year. The association's report
to the department shall be available for examination by all unit owners at no
cost within thirty days after the report is submitted to the county and the department.
(d) Report to the legislature. The department shall compile the information
submitted by associations pursuant to subsection (c) and submit a report to the
legislature no later than of
each year.
(e) For the purposes of this section, "department" means the department of business, economic development, and tourism."
SECTION 5. Section 514B-3, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Local
contact" has the same meaning as in section 237D-1.
"Transient accommodation" has the same meaning as "transient accommodations" in section 237D-1."
PART IV
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2019.
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INTRODUCED BY: |
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Report Title:
Transient Accommodations; Association; Condominium; Planned Community Association; Registration; Report; Department of Business, Economic Development, and Tourism
Description:
Requires members in planned community associations subject to HRS 421J and unit owners in condominiums subject to HRS 514B to register units leased as transient accommodations. Requires associations to submit annual reports to county planning departments and Department of Business, Economic Development, and Tourism (DBEDT). Requires DBEDT to submit annual reports to the Legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
