Short-term rental of property; registration of persons offering property for rental. (SB1578)

Introduced By

Sen. Tommy Norment (R-Williamsburg) with support from co-patron Sen. Bill Stanley (R-Moneta)

Progress

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

Description

Short-term rental of property. Authorizes a locality to adopt an ordinance requiring the registration of persons offering property for short-term rental. The bill defines "short-term rental" as the provision of a room or space suitable for sleeping or lodging for less than 30 consecutive days. Persons and entities already licensed related to the rental or management of property by the Board of Health, the Real Estate Board, or a locality would not be required to register. The bill authorizes localities to impose fees and penalties on persons who violate the registry ordinance or who offer short-term rentals that have multiple violations of state or federal laws or ordinances, including those related to alcoholic beverage control. The bill amends the Alcoholic Beverage Control (ABC) Act to clarify that certain property rented on a short-term basis is considered a bed and breakfast establishment for purposes of ABC licensing and that the exception from ABC licensing for serving alcoholic beverages to guests in a residence does not apply if the guest is a short-term lessee of the residence. Amends § 4.1-100, § 4.1-200, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/20/2017Presented and ordered printed 17100761D
01/20/2017Referred to Committee on Rehabilitation and Social Services
01/27/2017Rereferred from Rehabilitation and Social Services (13-Y 1-N) (see vote tally)
01/27/2017Rereferred to Local Government
01/30/2017Impact statement from DHCD (SB1578)
02/02/2017Reported from Local Government with substitute (11-Y 2-N) (see vote tally)
02/02/2017Committee substitute printed 17105130D-S1
02/02/2017Incorporates SB1579 (Stanley)
02/03/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/06/2017Read second time
02/06/2017Reading of substitute waived
02/06/2017Committee substitute agreed to 17105130D-S1
02/06/2017Engrossed by Senate - committee substitute SB1578S1
02/07/2017Read third time and passed Senate (36-Y 4-N) (see vote tally)
02/09/2017Placed on Calendar
02/09/2017Read first time
02/09/2017Referred to Committee on General Laws
02/10/2017Assigned GL sub: Subcommittee #1
02/14/2017Subcommittee recommends reporting (7-Y 0-N)
02/14/2017Subcommittee recommends referring to Committee on Appropriations
02/16/2017Reported from General Laws (21-Y 0-N) (see vote tally)
02/16/2017Referred to Committee on Appropriations
02/20/2017Reported from Appropriations (21-Y 0-N) (see vote tally)
02/21/2017Read second time
02/22/2017Read third time
02/22/2017Passed House (86-Y 14-N)
02/22/2017VOTE: PASSAGE (86-Y 14-N) (see vote tally)
03/07/2017Enrolled
03/07/2017Bill text as passed Senate and House (SB1578ER)
03/07/2017Signed by Speaker
03/10/2017Signed by President
03/13/2017Enrolled Bill Communicated to Governor on 3/13/17
03/13/2017G Governor's Action Deadline Midnight, March 27, 2017
03/24/2017G Approved by Governor-Chapter 741 (effective 7/1/17)
03/24/2017G Acts of Assembly Chapter text (CHAP0741)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 8 minutes.

Transcript

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

SENATE WILL COME TO ORDER. THE JUNIOR SENATOR FROM RICHMOND CITY, SENATOR McCLELLAN.

Sen. Jennifer McClellan (D-Richmond): THANK YOU, I RISE FOR AN INTRODUCTION THE SENATOR HAS THE FLOOR.

[Unknown]: THANK YOU, MR. PRESIDENT. JOINING US IN THE GALLERY TODAY, WE HAVE VISITORS FROM VIRGINIA VOICE, A NONPROFIT ORGANIZATION THAT PROVIDES AUDIO, READING, AND INFORMATION SERVICES TO INDIVIDUALS WHO CANNOT READ PRINTED MATERIAL DUE TO BLINDNESS, VISION LOSS, OR OTHER DISABILITIES. VIRGINIA VOICE'S MISSION IS TO CONNECT INDIVIDUALS WITH DISABILITIES TO INFORMATION USING TECHNOLOGY AND THE HUMAN AROUND THE CLOCK, SEVEN DAYS A VOICE. WEEK, VIRGINIA VOICE BROADCASTS RADIO PROGRAMS COMPRISED OF READING FROM OUR LOCAL PAPERS AND ARTICLES FROM CURRENT MAGAZINES AND PUBLICATIONS THAT COVER THE GAMUT OF LOCAL, NATIONAL, INTERNATIONAL NEWS, CULTURE, ENTERTAINMENT AND COMMUNITY ENGAGEMENT. APPROXIMATELY 3,000 LISTENERS ACROSS CENTRAL VIRGINIA ACCESS VIRGINIA VOICE'S BROADCASTS THROUGH RADIOS LOANED TO THEM FREE OF CHARGE THROUGH CABLE TV SYSTEMS AND THE PROGRAM IS ALSO STREAMED ON THEIR WEBSITE. MR. PRESIDENT, SKI THAT THE SENATE JOIN ME IN WELCOMING THEM TO THE SENATE TODAY.

Sen. Jennifer McClellan (D-Richmond): THANK YOU, SENATOR. WOULD MEMBERS OF VIRGINIA VOICE PLEASE RISE. THANK YOU FOR BEING WITH US THIS MORNING. YOU'VE BEEN SO PATIENT AND WATCHING ATTENTIVELY AND AS THE GOOD SENATOR FROM RICHMOND CITY SAID, THANK YOU ALL SO MUCH FOR WHAT YOU DO. WE TAKE A LOT FOR GRANTED WHEN WE HAVE OUR VISION AND HEARING AND FOR THOSE THAT DON'T, THEY CERTAINLY NEED OUR ASSISTANCE, SO WE THANK YOU FOR YOUR ADVOCACY AND WHAT YOU'VE DONE TO HELP THEM. IF I'D ASK THE MEMBERS OF THE SENATE TO PLEASE JOIN ME IN OFFERING MEMBERS FROM VIRGINIA VOICE THE WARM WELCOME OF THE SENATE. [ APPLAUSE ] RETURNING TO THE CALENDAR, THE SENATOR FROM ARLINGTON, SENATOR FAVOLA.

Sen. Barbara Favola (D-Arlington): THANK YOU, MR. PRESIDENT. HAVING VOTED ON THE PREVAILING SIDE, I ASK THAT WE RECONSIDER THE VOTE FOR SENATE BILL 1507.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL THE VOTE BY WHICH 1507 PASSED BE RECONSIDERED. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Barbara Favola (D-Arlington): AYES 40, NOS 0.

[Unknown]: AYES 40, NOS 0. THE MOTION IS AGREED TO. THE SENIOR SENATOR FROM CHESAPEAKE, SENATOR COSGROVE.

Sen. John Cosgrove (R-Chesapeake): THANK YOU, MR. PRESIDENT. HAVING PREVIOUSLY EXPLAINED THE BILL, I MOVE THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1507 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. John Cosgrove (R-Chesapeake): AYES 31, NOS 9.

[Unknown]: AYES 31, NOS 9. THE BILL PASSES. SENATE BILL 1517, A BILL RELATING TO SCHOOL TRANSPORTATION, FEES. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): THANK YOU, MR. PRESIDENT. I MOVE PASSAGE OF THE BILL. SENATE BILL 1517 WAS BROUGHT AT THE REQUEST OF THE LOUDOUN COUNTY SCHOOL BOARD. WE PROVIDE TRANSPORTATION FOR SURROUNDING SCHOOL DISTRICTS FOR CERTAIN VOLUNTARY, NONCOMPULSORY ACTIVITIES THAT ARE OUTSIDE OF OUR JURISDICTION, AND SO WHAT THEY WOULD LIKE TO DO IS TO BE ABLE TO CHARGE FOR THAT TRANSPORTATION. HOWEVER, IT'S CLEAR IN THE BILL FROM THE AMENDMENTS THAT ANY STUDENT WHO'S ON REDUCED OR FREE LUNCH PROGRAM WOULD NOT BE COMPELLED TO PAY FOR THE TRANSPORTATION. ONE OF THE AREAS THAT IMPACTS US QUITE A BIT IS THAT WE HAVE THOMAS JEFFERSON HIGH SCHOOL, WHICH IS OUTSIDE OF LOUDOUN COUNTY, ABOUT 250 STUDENTS COME OVER AND THE PROBLEM IS THAT, YOU KNOW, WHEN THEY HAVE VARIOUS FIELD TRIPS AND VARIOUS VOLUNTARY THINGS, WE WOULD LIKE TO BE ABLE TO BE REIMBURSED FOR PROVIDING THE SCHOOL BUS TRANSPORTATION FOR THEM. AND THAT IS THE ESSENCE OF THE BILL. AND WITH THAT, I URGE PASSAGE OF THE BILL.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1517 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Dick Black (R-Leesburg): AYES 14, NOS 26.

[Unknown]: AYES 14, NOS 26. THE BILL DOES NOT PASS. SENATE BILL 1532, A BILL RELATING TO MOTOR VEHICLE LICENSE FEES, EXEMPTION OF ANTIQUE VEHICLES. THE SENATOR FROM ACCOMACK COUNTY, SENATOR LEWIS.

Sen. Lynwood Lewis (D-Accomac): MR. PRESIDENT, MOFRT BILL PASS AND SPEAKING TO THE MOTION.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Lynwood Lewis (D-Accomac): MR. PRESIDENT, MEMBERS OF THE SENATE THERE, BILL COMES AT THE REQUEST OF VIRGINIA TREASURERS ASSOCIATION. CURRENTLY THE DIVISION OF MOTOR VEHICLES NOW PERMITS ANTIQUE VEHICLES TO BE REGISTERED PERMANENTLY UPON THE PAYMENT OF A SINGLE REGISTRATION FEE OF $50. THE MOVEMENT TOWARD A LIFETIME DMV REGISTRATION FEE HAS THROWN THE LAW RELATING TO LOCAL VEHICLE REGISTRATION FEES, WHICH USED TO BE THE OL' DECAL FEE, INTO SOMEWHAT OF A STATE OF CONFUSION SINCE PURSUANT TO GENERAL LAW, THE LOCAL FEE IS CAPPED AT THE DMV'S ANNUAL REGISTRATION FEE AMOUNT. SINCE THERE IS NOW NO ANNUAL REGISTRATION FEE FOR ANTIQUE VEHICLES, TREASURERS ARE UNCLEAR AS TO WHAT TO DO. THE NUMBER OF VEHICLES THAT QUALIFY FOR ANTIQUE STATUS IS RELATIVE LOW AND I DOESN'T MAKE ANY SENSE TO HAVE A SINGLE LIFETIME PEOPLE. THE TREASURERS ASSOCIATION IS PROPOSING WE ADDRESS THIS BY EXEMPTING ANTIQUE TAG VEHICLES FROM LOCAL VEHICLE REGISTRATION FEE, WHICH IS WHAT THE BILL DOES. MOVE THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS SAL SENATE BILL 1532 RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 36, NOS 3. AYES 36, NOS 3. THE BILL PASSES. [ CAPTIONING WILL RESUME SHORTLY ] SENATE BILL 1554, RELATING TO TRANSPORTATION, ACCOMACK TRANSPORTATION DISTRICT COMMISSION. SENIOR SENATOR FROM CHESAPEAKE, SENATOR COSGROVE.

Sen. John Cosgrove (R-Chesapeake): THANK YOU, MR. PRESIDENT. SPEAK BRIEFLY TO THE BILL BEFORE I MAKE A MOTION. THIS BILL WOULD HAVE CHANGED MEMBERSHIP OF THE ACCOMACK

Comments

Caroline Cox writes:

On Tuesday Jan 31st at the local Government Committee meeting,  anti-Air BNB bills SB 1578 and SB 1579 were postponed.

 Senator Stanley, patron of bill  SB1579 and Chair of the Local Government Committee, said the bills were postponed until "Thursday" without specifying exact date, location and time.

After emailing his legislative aide, I found out that "Senate Bills 1578 and 1579 will be heard in the Senate Committee on Local Government February 2, at 10 a.m. in Senate Room A of the General Assembly Building.  "

Below is a letter that I have sent to members of the General Assembly.

"I am writing you about bills currently before the General Assembly that limit private enterprise like bills SB1578 and SB1579.

Please vote against or table these bills  in committee and vote against others like it on the floor.

As a native Virginian, I would like our state to be friendly towards small businesses and voters of every income.

I understand why Air B&B hosts should register with their locality and pay taxes. We should support the state of Virginia as it supports us. 

However,  bills like SB1578 and SB1579 are patently designed to prevent Air B&B and other host registry sites from competing with hotels and luxury B & Bs.

 The $500,000 insurance requirement as well as the $10,000 fine are designed to prevent small businesses from making money and lowering other competitors' prices. And how many homeowners need ABC licenses to have guests in their homes?

Moreover, the City of Richmond Airbnb regulations were instituted years after Airbnb had been operating in Richmond. Will these regulations apply retroactively to Airbnb hosts?

Why are hotels and luxury B&Bs trying to prevent moderately priced tourism in Virginia?

 Senator Norment introduced one of these bills because he has financial interests in the hotel industry. These bills favor hotels and luxurious B and Bs and exclude individual moderate income businesses. Regulations should encourage, not exclude micro-economies and busineses.

 The state and localities could earn taxes from individual homeowners and moderate income tourists that they would never see under these anti-air B & B bills.

For example, my husband and I live on one income of approximately $50,000. We cannot afford to regularly travel using hotels and B&Bs with rates of over $50. 

Sadly, we both love to travel. If we were both hosts and guests on Air  B&B, we would earn, spend and pay more taxes in Virginia. While we occasionally enjoy a splurge on a regular hotel or a luxurious B&B, we currently limit our travel to camping, Mennonite Your Way and Couch Surfing. 

We also travel infrequently.The state loses taxes as a result.

I hope you can envision how much money Virginia and its localities could make with bills for air B&B regulations that would not exclude small homeowners like us who represent the majority of your voters.

Please also note that there are many publicly published letters against this bill on Richmond Sunlight.

 https://www.richmondsunlight.com/bill/2017/sb1579"