Kaʻū News Briefs, Sunday, February 24, 2019

      This year, Hawaiʻi Tourism Authority has vowed to support bills that will impact our legal vacation rentals in the ongoing failed effort by legislators to find and hold illegal operators to account. And because enforcement of laws against illegal operators has failed so miserably, their job to end our legal operations, and strip us of our control over our own, legal vacation rental properties has been made that much easier."
     Humiston states, "There are some bills that would target illegal operators. But with so many hoteliers and property managers unable to compete with our legal and expertly run vacation rentals, their purpose is clear: end them all! Wipe out any and all owner-operated vacation rentals in Hawaiʻi, legal or otherwise."
     The organization is tracking some 20 bills. She cautions that "these bills will change; they're dynamic, and become very different bills as the legislative session progresses. It's essential that you visit the Hawaiʻi Legislative site and sign up to be provided with critical updates on their progress through committees, the amendments they're picking up, and the threat many of them will undoubtedly pose to your continued operation and management of your legal vacation rental. Remember: when testimony is sought, especially by RBOAA, offer it."

     Rental by Owner Awareness Association offers the following descriptions of Senate Bills and House Bills: SB354 makes advertising, including online advertising, any transient accommodation or resort time share vacation interest, plan, or unit without the proper registration identification number and proper local contact information a misdemeanor. Subjects any person, including operators, plan managers, and transient accommodations broker, who does not post the proper registration number and proper local contact information with the advertisement and also advertises the entire house or unit, rather than a single room, or who has multiple advertisements for multiple properties, to an unspecified additional fine.

     HB26 and SB716 make it a misdemeanor for a hosting platform to collect a fee for booking services regarding transient vacation rentals that are not lawfully certified, registered, or permitted under applicable county ordinance. HB29 require 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, and to submit reports on same to the state.
     SB659 establishes the state alternative transit fund to allow counties to offer free or nearly free fares on eco-friendly county buses. Imposes a $100-a-day fine for unlicensed transient accommodations. HB197 and SB184 provide counties with operator names and addresses of transient accommodations contained in registration forms filed with Department of Taxation. HB400 allows counties to regulate transient accommodations hosting platforms. HB419 provides that a county shall be eligible to receive funds from the State for the purpose of enforcing all applicable laws and ordinances relating to transient accommodations. HB514 and SB401 require the Director of Taxation to make available to any county official charged with enforcing land use laws the name and addresses of any transient accommodation business registered with the Department of Taxation. HB631 authorizes each county to impose a surcharge on transient accommodations tax. Changes the transient accommodations tax rate to an unspecified amount. Repeals the distribution of transit accommodations tax revenues to the counties. HB1173 and SB198 authorize counties to levy a county surcharge on transient accommodations tax in their respective counties pursuant to certain conditions.

     HB1348 establishes licensing requirements and enforcement provisions for transient vacation rentals to be administered by the Department of Commerce and Consumer Affairs. HB1472 and SB986 allow a transient accommodations broker to register as a tax collection agent for its operators and plan managers. Requires operators and plan managers to provide a statement to the transient accommodations broker confirming compliance with all applicable land use and tax laws. SB1292 amends the definition of "transient accommodations" to include additional forms of transient accommodations. Makes it unlawful for a hosting platform to provide, and collect a fee for, booking services regarding transient vacation rentals that are not lawfully certified, registered, or permitted under applicable county ordinance. SB713 establishes a 1-time amnesty program for certain delinquent transient accommodations and general excise tax obligations. Allows transient accommodations brokers to register as a tax collection agent for its operators and plan managers.

     SB380 imposes the transient accommodations tax on resort fees and requires that those fees be included in gross rental proceeds. SB401 requires the Director of Taxation to make available to any county official charged with enforcing land use laws the name and addresses of any transient accommodation business registered with the Department of Taxation. SB460 requires the Hawaiʻi Tourism Authority to develop a list of unit addresses, including housing units and rental units marketed to the visitor industry for occupancy and to post the list on its website. SB184 provides counties with operator names and addresses of transient accommodations contained in registration forms filed with Department of Taxation. SB714 imposes the transient accommodations tax on resort fees that are calculated separately from the advertised transient accommodation's rate. SB716 makes it a misdemeanor for a hosting platform to collect a fee for booking services regarding transient vacation rentals that are not lawfully certified, registered, or permitted under applicable county ordinance. HB181, SB163, HB193, SB175, HB335, and SB614 amortize and phase out single family vacation rentals.

     See more at RBOAA.