COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1168
(Reference to Senate engrossed bill)
Page 1, line 15, strike "Protecting" insert "Protecting"
Line 17, strike the second comma insert “and”
Line 18, strike “and designation of an emergency point of contact,”
Line 21, after "and" insert "enforce" strike “residential use and zoning”
Line 22, strike “ENFORCE” insert “residential use and zoning”
Line 32, strike “with” insert “an emergency point of”
Line 34, after "complaints" insert "or emergencies"; strike “in person,”; strike “or” insert a comma; after “email” insert “or in person if available,”
Between lines 41 and 42, insert:
“5. A city or town may require an owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license pursuant to title 9, chapter 7, article 4. As a condition of issuance of a permit or license, the application for the permit or license may only require an applicant to provide the following:
(a) name, address, phone number and email address for the owner or owner’s agent.
(b) Address of the vacation rental or short-term rental.
(c) A valid transaction privilege tax license number issued pursuant to section 42-5005.
(d) Information required pursuant to paragraph 4 of this subsection.
(e) Acknowledgment that the owner will comply with all applicable state laws and ordinances.
(f) A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less.
6. To require, after obtaining a permit or license pursuant to paragraph 5 of this subsection but before offering a vacation rental or short-term rental for rent for the first time, the owner of a vacation rental or short-term rental to notify the owners of all residential property owners adjacent to, directly and diagonally across the street from, or in the same building as, the vacation rental or short-term rental. A city or town may require additional notification pursuant to this paragraph if the contact information previously provided changes.”
Renumber to conform
Page 1, line 42, strike “OWNER OF A”
Line 44, strike “OR TO ADVERTISE” insert a period
Page 2, line 1, strike “AND OFFER EACH VACATION RENTAL OR SHORT-TERM RENTAL THROUGH” insert “any ordinance adopted pursuant to this paragraph shall allow the required insurance to be provided by the owner or”
Line 2, after “MARKETPLACE” insert a period, strike the remainder of line
Between lines 13 and 14, insert:
"C. A CITY OR TOWN THAT REQUIRES A LOCAL REGULATORY PERMIT OR LICENSE PURSUANT TO THIS SECTION SHALL ISSUE OR DENY THE PERMIT OR LICENSE WITHIN SEVEN BUSINESS DAYS OF RECEIPT OF THE INFORMATION REQUIRED BY SUBSECTION B, PARAGRAPH 5 OF THIS SECTION AND OTHERWISE IN ACCORDANCE WITH SECTION 9-835, EXCEPT THAT A CITY OR TOWN MAY DENY ISSUANCE OF A PERMIT OR LICENSE only FOR ANY OF THE FOLLOWING:
1. FAILURE TO PROVIDE THE INFORMATION REQUIRED BY SUBSECTION B, PARAGRAPH 5, SUBDIVISIONS (a) THROUGH (f) OF THIS SECTION.
2. FAILURE TO PAY THE REQUIRED PERMIT OR LICENSE FEE.
3. AT THE TIME OF APPLICATION THE OWNER HAS A SUSPENDED PERMIT OR LICENSE, PURSUANT TO SUBSECTION B, PARAGRAPH 5 OF THIS SECTION, FOR THE SAME VACATION RENTAL OR SHORT-TERM RENTAL.
4. THE APPLICANT PROVIDES FALSE INFORMATION."
Reletter to conform
Page 2, line 14, strike “IMPOSE A” insert “adopt an ordinance that provides for the imposition of a”
Line 16, strike “OWNER” insert “property”
Lines 22 and 25, after “OR” insert “up to”
Line 30, strike “MAY” insert “shall”
Line 31, after "months" strike remainder of line
Strike lines 32 through 34, insert "THE USE OF A VALID TRANSACTION PRIVILEGE TAX LICENSE FOR A VACATION RENTAL OR SHORT-TERM RENTAL IF THE VACATION RENTAL OR SHORT-TERM RENTAL RECEIVES THREE VERIFIED VIOLATIONS WITHIN THE SME TWELVE-MONTH PERIOD. THE TRANSACTION PRIVILEGE TAX LICENSE SHALL REMAIN VALID FOR VACATION RENTALS OR SHORT-TERM RENTALS THAT DO NOT HAVE THREE VERIFIED VIOLATIONS, ACCOUNTING FOR VACATION RENTAL OR SHORT-TERM RENTAL OWNERS AND OPERATORS THAT USE A TRANSACTION PRIVILEGE TAX LICENSE FOR MULTIPLE PROPERTIES."
Line 38, after “PENALTIES” insert “or suspending the owner’s regulatory permit or license”
Page 3, between lines 15 and 16, insert:
“J. An owner-occupied short-term rental or vacation rental is exempt from the local regulatory permit or license requirement in subsection b, paragraph 5 of this section, except the owner shall comply with all other provisions of this section, including obtaining a valid transaction privilege tax license issued pursuant to section 42-5005.”
Reletter to conform
Between lines 18 and 19, insert:
“2. "Owner-occupied" means a dwelling with four or fewer units, on which the owner resides in one of the units as their legal primary residence and the owner is onsite during the rental period. For purposes of this definition, a person can have only one "legal primary residence”, which means the usual place of return for housing of the owner of the dwelling for at least 275 days of the calendar year and as documented by at least two of the following:
(a) Motor vehicle registration.
(b) Driver’s license or arizona state identification card.
(c) Income tax return.
(d) Property tax bill.
(e) Utility bill.
3. "Onsite" means the owner maintains a physical presence in the dwelling and resides in a habitable dwelling unit or portion thereof throughout a guest’s stay."
Renumber to conform
Page 4, line 5, strike the second comma insert “and”
Line 6, strike “and designation of an emergency point of contact,”
Line 9, after "and" insert "enforce" strike “residential use and zoning”
Line 10, strike “ENFORCE” insert “residential use and zoning”
Line 20, strike “with” insert “an emergency point of”
Line 22, after "complaints" insert "or emergencies"; strike “in person,”; strike “or” insert a comma; after “email” insert “or in person if available,”
Between lines 28 and 29, insert:
“5. A county may require an owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license pursuant to title 9, chapter 7, article 4. As a condition of issuance of a permit or license, the application for the permit or license may only require an applicant to provide the following:
(a) name, address, phone number and email address for the owner or owner’s agent.
(b) Address of the vacation rental or short-term rental.
(c) A valid transaction privilege tax license number issued pursuant to section 42-5005.
(d) Information required pursuant to paragraph 4 of this subsection.
(e) Acknowledgment that the owner will comply with all applicable state laws and ordinances.
(f) A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less.
6. To require, after obtaining a permit or license pursuant to paragraph 5 of this subsection but before offering a vacation rental or short-term rental for rent for the first time, the owner of a vacation rental or short-term rental to notify the owners of all residential property owners adjacent to, directly and diagonally across the street from, or in the same building as, the vacation rental or short-term rental. A county may require additional notification pursuant to this paragraph if the contact information previously provided changes.”
Renumber to conform
Page 4, line 29, strike “OWNER OF A”
Line 31, strike “OR TO ADVERTISE” insert a period
Line 32, strike “AND OFFER EACH VACATION RENTAL OR SHORT-TERM RENTAL THROUGH” insert “any ordinance adopted pursuant to this paragraph shall allow the required insurance to be provided by the owner or”
Line 33, after “MARKETPLACE” insert a period, strike the remainder of line
After line 44, insert:
"C. A county THAT REQUIRES A LOCAL REGULATORY PERMIT OR LICENSE PURSUANT TO THIS SECTION SHALL ISSUE OR DENY THE PERMIT OR LICENSE WITHIN SEVEN BUSINESS DAYS OF RECEIPT OF THE INFORMATION REQUIRED BY SUBSECTION B, PARAGRAPH 5 OF THIS SECTION AND OTHERWISE IN ACCORDANCE WITH SECTION 9-835, EXCEPT THAT A county MAY DENY ISSUANCE OF A PERMIT OR LICENSE only FOR ANY OF THE FOLLOWING:
1. FAILURE TO PROVIDE THE INFORMATION REQUIRED BY SUBSECTION B, PARAGRAPH 5, SUBDIVISIONS (a) THROUGH (f) OF THIS SECTION.
2. FAILURE TO PAY THE REQUIRED PERMIT OR LICENSE FEE.
3. AT THE TIME OF APPLICATION THE OWNER HAS A SUSPENDED PERMIT OR LICENSE, PURSUANT TO SUBSECTION B, PARAGRAPH 5 OF THIS SECTION, FOR THE SAME VACATION RENTAL OR SHORT-TERM RENTAL.
4. THE APPLICANT PROVIDES FALSE INFORMATION. "
Reletter to conform
Page 5, line 1, strike "city or town" insert "county"; strike “IMPOSE A” insert “adopt an ordinance that provides for the imposition of a”
Page 5, line 3, strike “OWNER” insert “property”
Lines 9 and 12, after “OR” insert “up to”
Line 17, strike “MAY” insert “shall”
Line 18, after "months" strike remainder of line
Strike lines 19 through 21, insert "THE USE OF A VALID TRANSACTION PRIVILEGE TAX LICENSE FOR A VACATION RENTAL OR SHORT-TERM RENTAL IF THE VACATION RENTAL OR SHORT-TERM RENTAL RECEIVES THREE VERIFIED VIOLATIONS WITHIN THE SME TWELVE-MONTH PERIOD. THE TRANSACTION PRIVILEGE TAX LICENSE SHALL REMAIN VALID FOR VACATION RENTALS OR SHORT-TERM RENTALS THAT DO NOT HAVE THREE VERIFIED VIOLATIONS, ACCOUNTING FOR VACATION RENTAL OR SHORT-TERM RENTAL OWNERS AND OPERATORS THAT USE A TRANSACTION PRIVILEGE TAX LICENSE FOR MULTIPLE PROPERTIES."
Line 25, after “PENALTIES” insert “or suspending the owner’s regulatory permit or license”
Page 6, between lines 4 and 5, insert:
“J. An owner-occupied short-term rental or vacation rental is exempt from the local regulatory permit or license requirement in subsection b, paragraph 5 of this section, except the owner shall comply with all other provisions of this section, including obtaining a valid transaction privilege tax license issued pursuant to section 42-5005.”
Reletter to conform
Between lines 7 and 8, insert:
“2. "Owner-occupied" means a dwelling with four or fewer units, on which the owner resides in one of the units as their legal primary residence and the owner is onsite during the rental period. For purposes of this definition, a person can have only one "legal primary residence”, which means the usual place of return for housing of the owner of the dwelling for at least 275 days of the calendar year and as documented by at least two of the following:
(a) Motor vehicle registration.
(b) Driver’s license or arizona state identification card.
(c) Income tax return.
(d) Property tax bill.
(e) Utility bill.
3. "Onsite" means the owner maintains a physical presence in the dwelling and resides in a habitable dwelling unit or portion thereof throughout a guest’s stay."
Renumber to conform
Amend title to conform