THE SENATE

S.B. NO.

41

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO REAL ESTATE.

 

 

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

 


     SECTION 1.  The legislature finds that Act 326, Session Laws of Hawaii 2012, requires operators of transient accommodations to provide a local contact whenever an operator is not located on the island where a transient accommodation is located.  The role of the local contact is limited, and any services other than those allowed under Act 326, Session Laws of Hawaii 2012, can constitute unlicensed real estate activity.

     The purpose of this Act is to clarify the role of a local contact for operators of transient accommodations.

     SECTION 2.  Act 326, Session Laws of Hawaii 2012, section 2, is amended by amending section 237D-  (h) to read as follows:

     "(h)  For the purposes of this section:

     "Local contact" means an individual or company contracted by the operator of the transient accommodation to [provide services required by this section.] serve as the on-site contact for the operator, residing on the same island where the transient accommodation is located, whose name is required to be prominently posted in the transient accommodation and included in any transient accommodation contract or written rental agreement and who:

     (1)  Provides local point of contact services in the case of an emergency or natural disaster, including providing and receiving information;

     (2)  Transmits to the operator of the transient accommodation on-site questions, concerns, or property issues that arise regarding the transient accommodation; or

     (3)  Transmits the operator's responses, at the direction of the operator, to on-site inquiries about the transient accommodation.

     Any other services provided by a local contact may be subject to licensing requirements under chapter 467.  Nothing in this section shall be deemed to create an employer-employee relationship between an operator and [its] the operator's local contact[.] or to authorize a local contact to engage in activity for which a real estate broker's license or a real estate salesperson's license is required under chapter 467.

     "Relevant information" means the operator's name, address, contact information, registration identification number issued pursuant to section 237D-4, and website address if advertising or soliciting the transient accommodation on the Internet."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 


 


 

Report Title:

Real Estate; Local Contacts; Transient Accommodations

 

Description:

Clarifies the role of a local contact for operators of transient accommodations under Act 326, Session Laws of Hawaii 2012.  (SD1)

 

 

 

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