Limited Residential Lodging and Short-term Rental Lodging Act; penalty. (SB751)

Introduced By

Sen. Bill DeSteph (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Limited Residential Lodging and Short-term Rental Lodging Act; penalty. Establishes the Limited Residential Lodging and Short-term Rental Lodging Act (the Act), which allows (i) property owners to rent out their homes or portions thereof for a charge for periods of less than 30 consecutive days or (ii) short-term rentals of residential or commercial units; both of which may be transacted through a hosting platform, under certain circumstances. The bill requires an operator of either limited residential lodging or short-term rental lodging to register with the Department of Taxation. The hosting platform may register with the Department of Taxation, in which case the hosting platform is responsible for the collection and remittance of all applicable taxes on behalf of the property owner. The bill provides for the amount of license tax on such operators. The bill provides that any local ordinance requiring the use of the special exception, special use, or conditional use permit for short-term rental lodging contain specific provisions relating to noise, trash or recycling collection, and the posting of emergency information. The bill defines "limited residential lodging," "booking transaction," "hosting platform," "short-term lodger," short-term lodging operator," and "short-term rental lodging," and provides for penalties for violations of the Act. Amends § 15.2-2288.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/22/2016Presented and ordered printed 16104260D
01/22/2016Referred to Committee on Local Government
02/01/2016Impact statement from TAX (SB751)
02/02/2016Rereferred from Local Government (11-Y 0-N) (see vote tally)
02/02/2016Rereferred to Finance
02/15/2016Impact statement from TAX (SB751)
02/16/2016Reported from Finance with substitute (7-Y 6-N 1-A) (see vote tally)
02/16/2016Committee substitute printed 16105584D-S1
02/16/2016Read first time
02/16/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/16/2016Reading of substitute waived
02/16/2016Committee substitute rejected 16105584D-S1
02/16/2016Reading of amendment waived
02/16/2016Passed by temporarily
02/16/2016Amendment by Senator DeSteph agreed to
02/16/2016Motion to recommit to committee agreed to
02/16/2016Recommitted to Finance
02/17/2016Left in Finance

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 11 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Tom Garrett (R-Lynchburg): FROM THE SENIOR SENATOR FROM FAIRFAX, HE'S SPOT ON, THIS IS A GOOD BILL AND NOT DOING ANYTHING COSTS US MONEY. THANK YOU, MR. PRESIDENT.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 416 PASS? ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, OPPOSED NO. HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTES? THE CLERK WILL CHANGE THE ROLL.

Sen. Tom Garrett (R-Lynchburg): AYES 20, NOS 19.

[Unknown]: AYES 20, NOS 19, THE BILL PASSES. MOVING FORWARD TO SENATE BILL 751. WE REJECTED THE SUBSTITUTE AND YOU HAD SOME -- YOU WAIVED THE READING OF THE FLOOR AMENDMENT, SENATOR, AND NOW WE NEED TO MOVE THE FLOOR AMENDMENT TO BE AGREED TO AND YOU HAVE THE FLOOR. THANK YOU, MR. PRESIDENT. AT THIS POINT I WOULD LIKE TO ACCEPT THE FLOOR AMENDMENT. AND WHAT THIS DOES, MR. PRESIDENT, IS WE HAVE LOOKED AT NOT JUST SINGLE FAMILY RESIDENCES, WE LOOKED AT HOTELS, WE LOOKED AT MOTELS, WE LOOKED AT EVERYTHING AND EVERYBODY BEING ABLE TO APPLY AND REGISTER UNDER AIRBNB OR ANY TYPE OF HOSTING PLATFORM AND WHAT WE HAVE DONE WITH THIS FLOOR AMENDMENT IS WE SAID THAT THE PROVISIONS OF THIS SHALL NOT COME INTO EFFECT UNTIL APRIL 1ST, 2017, AND THAT'S WHAT NUMBER 2 DOES AND NUMBER 3 SEND IT TO THE HOUSING COMMISSION TO TRULY LOOK AT THIS AND MAKE SURE THAT AS THEY LOOK AT THIS WE LOOK ACROSS THE BOARD AND TAKE A BROAD BRUSH APPROACH WHILE STUDYING THIS AND COME BACK WITH THE APPROPRIATE REGULATIONS, THE APPROPRIATE LAWS TO REALLY ENCOMPASS EVERYBODY ON THIS. AND WITH THAT, MR. PRESIDENT, I WOULD LIKE TO ACCEPT THE FLOOR AMENDMENTS. MR. PRESIDENT? THE SENIOR SENATOR FROM HENRICO. WOULD THE SENATOR YIELD FOR A QUESTION? WOULD THE JUNIOR SENATOR YIELD FOR A QUESTION? I WILL. HE WILL. WILL THE SENATOR TELL ME WHETHER OR NOT HIS BILL EITHER AS CONTEMPLATED OR IN THE FLOOR AMENDMENT DEALS WITH THE QUESTION OF TAXATION THAT WE JUST HEARD DISCUSSED IN THE PREVIOUS BILL, THE CHANGING OF "MAY" TO "SHALL?" I WILL TELL YOU THAT THE UNDERLYING BILL ON THIS, I BELIEVE, ALLOWS -- GIVE ME ONE SECOND, MR. PRESIDENT. MR. PRESIDENT, THE UNDERLYING DID NOT LOOK AT CHANGING THE "MAY" TO "SHALL" AND THE REASON IT'S GOING TO STUDY IS LOOKING AT ALL INCLUSIVE THE UNDERLYING BILL AND COME BACK WITH STRONG REGULATIONS FROM THE HOUSING I THANK THE SENATOR. COMMITTEE. SENATOR BARKER? JUST A QUICK QUESTION, MAKE SURE I AND OTHERS UNDERSTAND WHERE WE ARE. WHEN WE TOOK THIS BILL UP ORIGINALLY BEFORE THERE WAS A PAUSE AND CONSIDERATION, WAS THE COMMITTEE SUBSTITUTE AGREED TO? THE COMMITTEE SUBSTITUTE WAS REJECTED, SENATOR. SENATOR FROM ALEXANDRIA, SENATOR EBBIN.

Sen. Adam Ebbin (D-Alexandria): WILL THE SENATOR YIELD FOR A QUESTION?

[Unknown]: WILL YOU YIELD?

Sen. Adam Ebbin (D-Alexandria): I WILL.

[Unknown]: HE WILL. I SEE THAT THE FLOOR AMENDMENT SAYS THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE APRIL 1, 2017. ARE THERE ANY CONFLICTS IN THIS BILL WITH THE BILL WE JUST PASSED? CAN WE HAVE BOTH? THE JUNIOR SENATOR. MR. PRESIDENT, AND I WOULD TELL THE GENTLEMAN FROM ALEXANDRIA, WE CAN HAVE BOTH BUT IT TAKES THIS UNDERLYING BILL, SEND IT OFF TO THE HOUSING STUDY TO COME UP WITH A COMPREHENSIVE APPROACH. THIS IS A VERY COMPLEX ISSUE DEALING WITH MULTIPLE PLATFORMS -- I'M SORRY, NOT MULTIPLE PLATFORMS, MULTIPLE RENTAL UNIT, DEALING WITH HOTELS USING AIRBNB, CONDOS USING AIRBNB, YOUR SECONDARY, TERTIARY, FOURTH RESIDENCE, IT DEALS ALL INCLUSIVE FOR ANYTHING YOU WANT TO RENT OUT. WILL THE GENTLEMAN YIELD FOR AN ADDITIONAL QUESTION? WILL THE GENTLEMAN YIELD FOR AN ADDITIONAL QUESTION? HE WILL, SENATOR. I WILL. I WILL TELL THE GENTLEMAN I'M NOT 100% CLEAR. I'M LOOKING AT THE AMENDMENT, IT SAYS PAGE 3 OF SUPPLEMENTAL 1. HIS AMENDMENT SAYS THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE APRIL 1, 2017. SO IS THERE ANYTHING IN SB 751 AS INTRODUCED WHICH I THINK IS WHAT WE ARE DEALING WITH NOW, ANYTHING IN THERE THAT WOULD CONFLICT WITH THE BILL THAT WE JUST PASSED? ANY PROVISION THAT CONTRADICTS THE OTHER? JUNIOR SENATOR? MR. PRESIDENT, I WILL HAVE TO SAY THAT I AM NOT ABSOLUTELY POSITIVELY SURE, BUT THE WHOLE GIST OF WHAT WE ARE DOING HERE IS TO SEND IT OFF TO A STUDY TO COME BACK WITH A LOGICAL, WELL THOUGHT OUT APPROACH TO SOLVING THIS PROBLEM. THANK YOU. THE SENATOR FROM ALEXANDRIA. FINAL QUESTION, I DON'T WANT TO BELITTLE THIS. WILL YOU YIELD FOR A QUESTION? I WILL. HE YIELDS. I UNDERSTAND NUMBER 3 IS THE STUDY WHICH I THINK IS A GREAT IDEA BUT THE FACT IT SAYS IT BECOMES EFFECTIVE, I THINK, SIR, SENATOR, THAT YOU MIGHT DO BETTER WITH A REENACTMENT CLAUSE THERE BECAUSE WE COULD END UP WITH TWO LAWS ON APRIL 1, 2017, IN CONTRADICTION. I'LL LEAVE IT AT THAT, YOU CAN ENLIGHTEN ME. IF THE GENTLEMAN IS MAKING A RECOMMENDATION THAT WE CHANGE ITEM 2 TO A REENACTMENT CLAUSE I'D BE HAPPY TO ACCEPT THAT AS A FRIENDLY AMENDMENT. OTHERWISE, MR. PRESIDENT, THE LOGIC AND THE TIMING OF THIS BASICALLY SAYS THAT WE SEND IT OUT TO A STUDY, THAT STUDY TO BE CONCLUDED BY DECEMBER 1ST, 2016, ALLOWING TIME FOR THIS CHAMBER TO AND THE GENERAL ASSEMBLY TO COME BACK IN WITH ANY CHANGES TO LEGISLATION AND THE ENACTMENT CLAUSE MAKING THIS EFFECTIVE APRIL 1, 2017, GIVES US A VEHICLE THAT WE CAN MODIFY FROM RECOMMENDATIONS OUT OF THE HOUSING COMMISSION. THANK YOU, SENATOR. THE MOTION ON THE FLOOR IS WHETHER THE FLOOR AMENDMENT WILL BE AGREED TO. ALL IN FAVOR OF AGREEING TO THE FLOOR AMENDMENT WILL SAY AYE. THOSE OPPOSED NO. THE AYES HAVE IT, THE FLOOR AMENDMENT IS AGREED TO. THE JUNIOR SENATOR. MR. PRESIDENT, I WOULD LIKE TO MOVE THAT WE ENGROSS AND ADVANCE THE BILL TO ITS THIRD READING. THE SENIOR SENATOR FROM FAIR FAX COUNTY, SENATOR SASLAW.

Sen. Dick Saslaw (D-Springfield): I HAVE A SUBSTITUTE MOTION, SINCE THE BILL FROM SENATOR FAUQUIER HAS A PROVISION FOR A HOUSING COMMISSION STUDY IT, I DON'T SEE ANY REASON TO HAVE THE BILL OUT HERE ANY LONGER, I MOVE THE BILL BE RECOMMITTED TO THE SENATE FINANCE COMMITTEE.

[Unknown]: MR. PRESIDENT, IF I MAY?

Sen. Dick Saslaw (D-Springfield): THE JUNIOR SENATOR FROM VIRGINIA BEACH.

[Unknown]: MR. PRESIDENT, IF I MAY, I'D LIKE TO EXPLAIN THAT THE GENTLE