CONFERENCE
COMMITTEE REP. NO. 83-24
Honolulu, Hawaii
, 2024
RE: S.B. No. 2919
S.D. 2
H.D. 2
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sirs:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2919, S.D. 2, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PROPERTY,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Clarify the counties' authority to regulate the time, place, manner, and duration in which uses of land and structures may take place;
(2) Allow counties to enact zoning ordinances to amortize or phase out transient vacation rental units in an area of any zoning classification; and
(3) Beginning January 1, 2025, expand the scope of the transient accommodations tax law to include certain shelters and vehicles with sleeping accommodations.
Your Committee on Conference finds that despite attempts made by certain counties to regulate short-term transient accommodations and enact ordinances pursuant to their home rule authority relating to zoning, transient accommodations in residential-zoned neighborhoods have been permitted to continue due to judicial opinions that have interpreted their status as a legal, nonconforming use that has been grandfathered in by statute. Therefore, this measure reinstates and supports the home rule authority that was intended for the counties relating to zoning by authorizing the counties to phase out or amortize transient accommodation uses by zoning ordinance.
Your Committee on
Conference has amended this measure by:
(1) Deleting
language that would have prohibited time, place, manner, or durational zoning
regulations from being deemed to create different types of land uses or structures;
(2) Deleting
language that would have authorized transient vacation rental units to be
amortized or phased out in an area of any zoning classification and inserting
language clarifying that uses that include the furnishing or offering of
transient accommodations shall not be considered residential uses or
agricultural uses and may be phased out or amortized in any zoning district by county
zoning regulations;
(3) Inserting language authorizing a county
zoning ordinance to provide that transient accommodations may be furnished to a
transient for a period of less than one hundred eighty consecutive days;
(4) Deleting
language that would have defined the term "transient vacation rental
unit" and inserting a definition of "transient accommodations"
to have the same meaning as defined under section 237D-1, Hawaii Revised
Statutes;
(5) Amending
section 1 to reflect its amended purpose;
(6) Making
it effective upon its approval; and
(7) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2919, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2919, S.D. 2, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |