HB211 HD1

SECTION 1. Chapter 237D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§237D- Transient accommodations brokers. (a) All transient accommodations brokers, prior to publishing an advertisement, including an online advertisement, on the availability of a property for lease or rent on behalf of an operator or plan manager shall:

(1) Notify the operator or plan manager that the subject property is required to be in compliance with applicable state and county land use laws and ordinances prior to retaining the services of the transient accommodations broker;

(2) Require the operator or plan manager to provide the transient accommodations broker with the operator or plan manager's registration identification number and local contact information and include this information in the advertisement, pursuant to section 237D-4;

(3) Require the operator or plan manager to provide the transient accommodations broker with verification of compliance with state and county land use laws in the form of a written certification, verification, or permit, as applicable, issued by the appropriate county agency; and

(4) Require the operator or plan manager to provide a statement to the transient accommodations broker confirming compliance with all applicable land use laws and ordinances.

(b) An operator or plan manager shall remove any advertisement published through the transient accommodations broker, including an online advertisement, for a transient accommodation located in the State for which the operator or plan manager fails to comply with subsection (a)(2), (3), or (4) or for which the operator or plan manager has received written notice from a state or county governmental authority that the property is not in compliance with state law or county ordinance, as applicable. The state or county governmental authority shall provide a copy of the written notice to the transient accommodations broker.

(c) Nothing in this section shall be construed to preempt or prohibit the authority of a unit of local government in the State, including counties and any other political subdivisions of the State, to adopt, monitor, and enforce local land use ordinances, rules, or regulations, nor to transfer the authority to monitor and enforce these ordinances, rules, or regulations away from the counties."

SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§481B- Transient accommodations brokers. (a) It shall be unlawful for a transient accommodations broker to engage in business with an operator or plan manager, including any person or entity employed, contracted, or otherwise engaged by the operator or plan manager for property management or as an activity provider, who is not in compliance with all state laws and county ordinances, including any laws and ordinances regarding land use, taxes, and professional licenses.

(b) It shall be unlawful for a transient accommodations broker, on behalf of an operator or plan manager, to employ, contract, or otherwise engage in business with any person or entity to manage any property of the operator or plan manager or to act as an activity provider for transients served by the operator or plan manager if the person or entity is not in compliance with all state laws and county ordinances, including laws and ordinances regarding land use, taxes, and professional licenses.

(d) For the purposes of this section:

"Activity provider" has the same meaning as in section 468M-1.

"Operator" has the same meaning as in section 237D-1.

"Plan manager" has the same meaning as in section 237D-1.

"Transient accommodations" has the same meaning as in section 237D-1.

"Transient accommodations broker" has the same meaning as in section 237D-1.

§481B- Booking services. (a) It shall be unlawful for a hosting platform to provide, and collect a fee for, booking services in connection with transient vacation rentals located in the State if those transient vacation rentals are not lawfully certified, registered, or permitted as a transient vacation rental under applicable county ordinance at the time the transient vacation rental is rented.

(b) The appropriate officer or agency charged with the administration of county zoning laws shall enforce this section within each county.

(d) For the purposes of this section:

"Booking service" means any reservation or payment service provided by a person or entity that facilitates a transient vacation rental transaction between an operator and a prospective renter, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation or payment services provided for the transient vacation rental transaction.

"County" means the city and county of Honolulu and the counties of Hawaii; Kauai; and Maui, which shall include the county of Kalawao.

"Hosting platform" means a person or entity that participates in the transient vacation rental business by:

(1) Providing, and collecting or receiving a fee for, booking services through which an operator may offer a transient vacation rental unit; or

(2) Providing booking services through an online platform that allows an operator to advertise the transient vacation rental unit through a website provided by the person or entity and conducting a transaction by which potential renters arrange use and payment, whether the renter pays rent directly to the operator or to the person or entity.

"Operator" means any person operating a transient vacation rental, whether as owner or proprietor or as lessee, sublessee, mortgagee in possession, licensee, or otherwise, or engaging or continuing in any service business that involves the actual furnishing of a transient vacation rental.

"Transient vacation rental" means "transient vacation rental", "transient vacation unit", or "transient vacation use", as defined by county ordinance."

SECTION 3. Section 237D-1, Hawaii Revised Statutes, is amended by amending the definition of "transient accommodations broker" to read as follows:

""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 offers, lists, advertises, facilitates, or accepts reservations or collects whole or partial payment for transient accommodations or resort time share vacation interests, units, or plans."

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. New statutory material is underscored.

SECTION 6. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	211
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII