Bill Text: HI SB3035 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Short-term Vacation Rentals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-26 - Referred to ETT, WAM/JDC. [SB3035 Detail]

Download: Hawaii-2018-SB3035-Introduced.html

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THE SENATE	S.B. NO.	3035
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to short-term vacation rentals.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that there are large numbers of owners advertising transient accommodations, including online advertisements, in violation of section 237D-4, Hawaii Revised Statutes, by failing to conspicuously provide the required registration identification number of the operator or plan manager, or an electronic link to the registration identification number.

     The legislature further finds that allowing these owners to operate unlawfully will result in the continuing loss of significant tax revenues to the State and cause substantial harm to owners who are in compliance with section 237D-4, Hawaii Revised Statutes, by subjecting these owners to unfair competition.

     The purpose of this Act is to require that short-term vacation rental booking services comply with the requirements imposed on transient accommodations brokers under section 237D-4, Hawaii Revised Statutes.

     SECTION 2.  Section 237D-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Booking service" means any reservation or payment service, or both, provided by a person or entity that facilitates a short-term rental transaction between an owner or entity and a prospective tourist or transient user, and for which the providing person or entity collects or receives, directly or through an intermediary, a fee in connection with the reservation or payment services, or both, provided for the short-term rental transaction."

     2.  By amending the definition of "transient accommodations broker" to read:

     ""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 collects or receives a fee for booking services or offers, lists, advertises, or accepts reservations or collects whole or partial payment for transient accommodations or resort time share vacation interests, units, or plans."

     SECTION 3.  Section 237D-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Failure to meet the requirements of subsection (c) shall be unlawful.  The department may issue citations to any person, including operators, plan managers, and transient accommodations brokers, who violates subsection (c)[.] or who collects or receives a fee for providing booking services in connection with a transaction in violation of subsection (c).  A citation issued pursuant to this subsection for each transient accommodation or resort time share vacation interest, plan, or unit in violation of subsection (c) shall include a monetary fine of not less than:

     (1)  $500 per day, for a first violation for which a citation is issued;

     (2)  $1,000 per day, for a second violation for which a citation is issued; and

     (3)  $5,000 per day, for a third and any subsequent violation for which a citation is issued."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Transient Accommodations; Short-Term Vacation Rentals; Service Bookers

 

Description:

Requires that short-term vacation rental booking services comply with the requirements imposed on transient accommodations brokers under section 237D-4, HRS.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.