Report Title:

Transient Vacation Rentals; Prohibition

Description:

Prohibits transient vacation rentals.  Appropriates funds to counties for enforcement of violations.

THE SENATE	S.B. NO.	1890
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to transient vacation rentals.

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

     SECTION 1.  Section 514E-1, Hawaii Revised Statutes, is amended by amending the definition of "transient vacation rentals" to read as follows:

     "Transient vacation [rentals"] rental" means [rentals] a rental in a single-unit or a multi-unit building to [visitors] a visitor over the course of [one or more years,] at least one year, with [the] each duration of transient occupancy lasting for less than thirty days [for the transient occupant]."

     SECTION 2.  Section 514E-5, Hawaii Revised Statutes, is amended to read as follows:

     "§514E-5  Geographic limitations.  Except as provided in this section, time share units, time share plans, and transient vacation rentals are prohibited.

     (1)  Existing time share units[,] and time share plans[, and transient vacation rentals] are not impaired by the provisions of this section.

     (2)  Time share units[,] and time share plans[, and transient vacation rentals] are allowed:

         (A)  In areas designated for hotel use[,] or resort use[, or transient vacation rentals,] pursuant to county authority under section 46-4, or where the county, by its legislative process, designates hotel[, transient vacation rental,] or resort use;

         (B)  In a hotel where the county explicitly approves such use, in advance, as a nonconforming use; or

         (C)  In a county with a population in excess of five hundred thousand, in an existing hotel which is a valid nonconforming use under county ordinance; provided that the property shall have at least sixty units and at least forty per cent of the units, upon completion of sales of the time share intervals in the project, shall be made available for sale as residential apartments or rented as residential apartments."

     SECTION 3.  This Act does not apply to transient vacation rentals that are operating under valid licenses or permits issued by any county prior to the effective date of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the following sums, or so much thereof as may be necessary for fiscal year 2007-2008, and the same sums, or so much thereof as may be necessary for fiscal year 2008-2009, to assist the counties in enforcing section 514E-5, Hawaii Revised Statutes, in particular the pursuit of persons operating transient vacation rental units and enforcement against violators:

     City and county of Honolulu       $

     County of Kaui                    $

     County of Maui                    $

     County of Hawaii                  $

          Total                        $

     The sums appropriated shall be expended by each county, respectively, for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2007.

INTRODUCED BY:

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