Amendment #1 to H4841
Short-Term Rental Amendment
Mr. Michlewitz of Boston moves to amend the bill moves that the bill be amended, in section 1, by striking out the words “(iv) information required to be collected and maintained for operators in the registry, which shall, at a minimum, include a list of legal addresses for accommodations offered for rent by operators who are registered in accordance with section 67 of chapter 62C” and inserting in place thereof the following words:- “(iv) information required to be collected and maintained for operators in the registry, which shall, at a minimum, include a list of accommodations offered for rent by operators who are registered in accordance with section 67 of chapter 62C, provided, however, that the location information for any accommodation offered for rent shall be limited to the name of the street and the city or town where the accommodation is located”; and
in section 6, by striking out the definition of “Occupancy,” and inserting in place thereof the following definition:-
““Occupancy”, the use or possession or the right to the use or possession of a room in a bed and breakfast establishment, hotel, lodging house or motel designed and normally used for sleeping and living purposes for a period of not more than 90 consecutive calendar days, regardless of whether such use and possession is as a lessee, tenant, guest or licensee, or the use or possession or the right to the use or possession of a room in a short term rental normally used for sleeping and living purposes for a period of not more than 31 consecutive calendar days, regardless of whether such use and possession is as a lessee, tenant, guest or licensee; provided, however, that “occupancy” shall include the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment, accompanying the use and possession of such a room.”; and
in said section 6, in proposed section 3 of chapter 64G, by adding the following paragraph:-
“No excises or fees established under this chapter shall be imposed upon the transfer of occupancy of a short-term rental if the operator transfers such short-term rental for not more than 14 days in a calendar year, provided, that the operator has first: (i) registered with the commissioner in accordance with section 67 of chapter 62C; and (ii) filed a declaration with the commissioner, signed by the operator and subject to section 5 of chapter 62C, setting forth the intention to transfer the short-term rental for not more than 14 days in a calendar year. Such a declaration, if applicable, shall be required annually in a manner determined by the commissioner. If the operator transfers the short-term rental for 15 days or more in the same calendar year, or fails to register and file a declaration as required by this section, then the operator shall be liable for the payment of required excises and fees under this chapter, including payment of required taxes and fees on the first 14 days the short-term rental was transferred in the calendar year.”; and
in section 8, by striking out the words “(ii) assess, collect, report and remit the excise to the commissioner as described for operators in sections 3, 3A, 3B, 5, 7A, 7B and 12” and inserting in place thereof the following words:- “(ii) assess, collect, report and remit the excise to the commissioner as described for operators in sections 3, 3A, 3B, 3C, 5, 7A, 7B and 12”; and
in said section 8, in proposed section 14 of chapter 64G, by adding the following paragraph:-
“Nothing in this section shall preclude a city or town from publishing a public registry of all short-term rental accommodations located within that city or town offered for rent by operators who are registered in accordance with section 67 of chapter 62C. A city or town may determine what relevant information shall be listed, including where the accommodation is located.”; and
in section 10, by striking out the words “July 31, 2019” and inserting in place thereof the following words- “January 1, 2020”; and
in section 11, by striking out the words “December 1, 2018” and inserting in place thereof the following words:- “June 1, 2019”; and
And, in section 13, by striking out the words, “June 30, 2019” and inserting in place thereof the following words:- “September 30, 2019”; and
by striking out section 14 and inserting in place thereof the following 2 sections:-
“SECTION 14. Sections 3, 3A, 3C and 3D of chapter 64G of the General Laws shall take effect for transfers of occupancies of short-term rentals that commence on or after July 1, 2019 and for which contracts with occupants were entered into on or after January 1, 2019.”;
SECTION 14A. Section 3B of chapter 64G of the General Laws shall take effect for transfers of occupancies on short-term rentals that commence 90 days after the commonwealth has discharged its obligations on the payment of special obligation bonds of the commonwealth issued pursuant to sections 11 and 12 of chapter 152 of the acts of 1997, as amended, as certified by the secretary of administration and finance.”; and
in section 15, by striking out the words “January 1, 2019” and inserting in place thereof the following words:- “July 1, 2019”; and
in section 16, by striking out the words “January 1, 2019” and inserting in place thereof the following words:- “July 1, 2019”.