BOISE, Idaho — Two bills regarding the regulation of short-term rentals were debated during a Senate Commerce and Human Resources Committee hearing on Thursday.
Introduced by Sen. Mark Harris (R- District 35), Senate Bill 1263 (SB-1263) would allow local governments to require business licenses and additional safety requirements for short-term rental operators who rent more than 4 homes in one jurisdiction or generate more than $10,000 per year in short-term rental income. Besides those provisions, the bill would prohibit cities and counties from adopting short-term rental ordinances except for "basic safety requirements."
Opponents of the bill say it puts an unnecessary burden on short-term rental owners, while proponents argue the law would keep short-term rental occupants safe and balance the rights of private property homeowners vs. short-term rental owners.
Sen. Harris explained the proposed law this way: "The bill includes sensible business license provisions for those operating as a business without burdening individuals who just want to rent their cabin on an occasion. It allows a city or county to request emergency contact info for short-term rental owners. And it provides common sense fire, carbon monoxide, self-health safety provisions, and sprinklers or hardwired systems. Beyond that, cities and counties would be prohibited from passing ordinances on short-term rentals beyond what applies to local residents."
"We've gone from over 50 hospital transports for carbon monoxide poisonings before our ordinance went into action, and since then, it's dropped to nearly zero. All of those were coming from short-term rentals." - Colby Nielsen, Mayor of McCall
Coeur d'Alene Planning and Zoning Commissioner Lynn Fleming concurred with Sen. Harris, saying, "SB-1263 outlines best practices regarding life safety and property rights for all, with minimal impact on high-income enterprises run by short-term rentals." Fleming concluded by asking the committee to vote "no" on the opposing bill, House Bill 583.
Introduced by Sen. Todd Lakey (R - District 23), House Bill 583 (HB-583) states that the only regulation that can be placed on short-term rental owners is when public safety is concerned.
Furthermore, cities and counties would be forbidden from establishing ordinances that regulate the use of short-term rentals. As such, large-scale short-term rental owners would not be required to obtain a business license by any local government or be forced to adhere to additional safety requirements that go beyond what currently apply to single-family homes or "similar structures."
"Senators, you have zoning ordinances and building codes that apply. You shouldn't have to get another piece of paper called a business license or be on a list to function and operate within city limits if you comply with those other codes." - Sen. Todd Lakey
Western Regional Director for Americans for Prosperity Heather Andrews testified in favor of HB-583, saying, "[HB-583] prevents local governments from imposing excessive or discriminatory requirements such as owner-occupied mandates, arbitrary caps on rental days, burdensome parking rules, or conditional use permits that go beyond what is required of other residential properties. Short-term rental owners should not be singled out for more restrictive treatment than similarly situated homeowners."
Ultimately, the Senate Commerce and Human Resources Committee voted to hold SB-1263 in committee with a 5-4 vote while advancing HB-583 to the Senate floor via an 8-1 vote. The lone dissenting vote on HB-583 came from Sen. Jim Guthrie (R - District 28).
WATCH: The full Senate Commerce and Human Resources Committee hearing on SB-1263 and HB-583
HB-583 will now receive a hearing on the Senate floor, and if passed, will head to the Governor's desk for final approval.
