Public Comments for: HB695 - Short-term rentals; Department of Taxation to establish a registry, civil penalty.
I am a resident of Virginia since 2010. I am a member of IATSE local 487. I am a disabled person. I have been a professional artist and visual arts teacher for 20 years. I support any funding to bring tv, movies, and commercials to the Common Wealth. My role in the movie industry is to work with k-12 students while they are on location. I fully implement all lessons provided by their school teacher to complete on location to be up to date with their studies. Working in the production industry and with union assistance has helped my self confidence and improve my social ability. I understand what it is like to work in an underpaid agency. Along with managers who are ill-prepared to work with disabled staff. My hope is that with this influx of financial funds. Many of us disabled workers can work in an industry we are trained to do, plus enjoy seeing the outcome displayed on the big screen.
SUPPORT HB 695 (Ware) Short-term rentals; Department of Taxation to establish a registry, civil penalty. HB 695 directs the Department of Taxation to establish a registry of short-term rental properties and require accommodations providers and intermediaries to register. Under the bill, an accommodations provider shall provide to the Department its name and the address of each property it offers for short-term rental. The majority of the travel and lodging industry, VML and VaCO all support this bill. The bill has been submitted at the request of the Commissioner of the Revenue Association of Virginia A as two accommodations intermediaries (i.e. Airbnb and Hotel Tonight, an Airbnb subsidiary) are non-compliant with current law.
On behalf of the Council On State Taxation I respectfully submit the attached comments.
My name is Adam Charney, Mayor of Cape Charles. The Town opposes this bill in total. Registration at the state level for accommodation intermediaries and providers will effectively set up a dual registration system, one at the state level and one locally. Locally, our town requires a business license for individual rental units, collecting the same information as suggested in the proposed bill. The proposed bill also provides that localities will monitor STRs for lawful registration and report discrepancies to the appropriate intermediaries. This is totally unacceptable; municipalities should never be subservient to special interests. On the contrary, the Commonwealth should ensure that intermediaries provide itemized collection information to localities to ensure accountability, which some are not currently doing. Intermediaries should also notify localities when their listed rentals are occurring without a locality’s business license. We ask that you please devise ways to help your localities, rather than increasing their burden to the benefit of special interests. Thank you.
The North Virginia Beach Civic League (NVBCL) requests a clarifying line amendment to add language to the effect that nothing in section 58.1-612.3 shall limit the authority of localities to regulate or prohibit short-term rentals. Otherwise, we withdraw our prior objections.
I understand that bills are being considered or introduced concerning STRs. I refer to SB 544, portions of HB 695, SB 304/HB900. I am strongly opposed to any action by the general assembly that would, specifically: Compel localities to allow short term rentals (STRs) Limit the ability of localities to regulate STRs Override local authority for STR land use or planning, such as by exempting realtors or other entities from compliance with local ordinances regarding STRs. Thank you for your consideration in this matter. Sincerely, Chrysta Donatelli 228 50th Street Virginia Beach, VA 23451
STRONGLY OPPOSE any action by the Virginia General Assembly that would: • Compel localities to allow Short-Term Rentals (STRs), or • Limit the ability of localities to regulate STRs, • Override local authority for STR land use or planning, such as by exempting realtors or other entities from compliance with local ordinances regarding STRs.
The North Virginia Beach Civic League (NVBCL), STRONGLY OPPOSES any action by the Virginia General Assembly that would: • Compel localities to allow Short-Term Rentals (STRs), or • Limit the ability of localities to regulate STRs, • Override local authority for STR land use or planning, such as by exempting realtors or other entities from compliance with local ordinances regarding STRs. Accordingly, NVBCL requests the following modifications to resolve our exceptions to this bill: 1. Paragraph D, states “The commissioner of the revenue or other assessing official may share the information described in subdivisions C 1, 2, and 3 with the officials responsible for zoning in his locality; however, the information described in subdivision C 4 shall remain confidential and shall not be shared.” a. We request that the word “may” be changed to “will”, AND that a reasonable time period be specified for how frequently local revenue officials will provide this information to local zoning officials, ideally monthly but not less than quarterly. Otherwise, the existing language of this bill gives total discretion to the commissioner of the revenue or other assessing official to: i. decline to share any of the information, or ii. determine the types of allowed information they will or will not provide, or iii. determine specific STRs, providers, or intermediaries for which they will or will not provide information, or iv. delay sharing the information for so long that zoning officials cannot enforce the provisions of this bill timely and effectively. b. We request that “The individual period of rental by calendar date” be moved from C 4 to a separate subdivision, and that it be INCLUDED in information that will be shared with local zoning officials. This information is critical to allow local zoning officials to enforce the provisions of this bill timely and effectively. 2. We request that paragraph F be modified to apply the SAME enforcement and penalties apply equally to BOTH PROVIDERS AND INTERMEDIARIES. a. As drafted, the enforcement and penalties in this bill apply ONLY to accommodations PROVIDERS, but not to accommodations INTERMEDIARIES. 3. We request this bill be amended to state EXPLICITLY that it applies to real estate licensees. Otherwise, Code of Virginia Section 58.1-602 specifically excludes real estate licensees from the definition of an “accommodations intermediary”. a. As currently drafted, this bill does not apply to real estate licensees offering STRs, whether owned by them OR a client, or whether they are located near the STRs that they offer to be able to deal with problems timely. Real estate licensees must be subject to the same requirements as all other accommodations providers and intermediaries. NOTHING in the Code of Ethics, Fiduciary Duties, or training for real estate licensees specifically addresses STRs, so there is no basis to exempt them from the same requirements that otherwise apply to all accommodations providers and intermediaries. 4. We request that language be added to this bill stating that nothing set forth in this section shall limit localities from regulating or prohibiting short-term rentals.
My name is Elliott Bales, I live in Arlington, VA and I am a retired US Army officer and a professional actor. I ask you to pass HB 771 to help us continue to grow the film and video production industry in Virginia. As a member of SAG-AFTRA and an elected member of the SAG-AFTRA Washington-MidAtlantic Local Board - the actors' and performers' union - I have first hand experienced the value of having a strong industry to tell Virginia's stories and to allow Virginians to participate in this important work. It is frustrating and painful to see so much of our work go to other states with incentives that dwarf what Virginia offers. Having to travel to other locales to work and spending money in their local businesses and paying taxes to their states bleeds money that should be spent in the Commonwealth. My conversations with producers who want to film in Virginia because of our depth of talent, the scenic value of our geography, and the history that resides here always ends the same way - they take their business elsewhere because it is more profitable. It is time to make Virginia more competitive in this industry that is currently growing revenue at 7.2% year over year. The Commonwealth needs more of that revenue spent here. I applaud the subcommittee's unanimous vote to move this significant piece of legislation forward and look forward to the full committee's passage of as well. We do not want to work in Atlanta or New York or LA. We want to work in the Commonwealth of Virginia, spend our money here, and see filmmakers spend their dollars at our businesses. And when we pay our reasonable taxes, we want them to stay in Virginia.