Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 253 Second Substitute (2017GS)

Sponsor

Rep. Knotwell, J.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms; and
• prevents a political subdivision from prohibiting an individual from listing or offering a short-term rental on a short-term rental website.

Every vote on this bill

Bill text

SHORT-TERM RENTAL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John Knotwell
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill prevents a political subdivision from prohibiting the use of a short-term rental
website.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ prevents a political subdivision from prohibiting an individual from listing or
offering a short-term rental on a short-term rental website.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-8-85.4
, Utah Code Annotated 1953
17-50-338
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-85.4
 is enacted to read:
 10-8-85.4.
Ordinances regarding short-term rentals -- Prohibition on ordinances
restricting speech on short-term rental websites.
(1) As used in this section:
(a) "Residential unit" means a residential structure or any portion of a residential
structure that is occupied as a residence.
(b) "Short-term rental" means a residential unit or any portion of a residential unit that
the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30
consecutive days.
(c) "Short-term rental website" means a website that:
(i) allows a person to offer a short-term rental to one or more prospective renters; and
(ii) facilitates the renting of, and payment for, a short-term rental.
(2) Notwithstanding Section 
10-9a-501
 or Subsection 
10-9a-503
(1), a legislative body
may not:
(a) enact or enforce an ordinance that prohibits an individual from listing or offering a
short-term rental on a short-term rental website; or
(b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge,
prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term
rental on a short-term rental website.
Section 2. Section 
17-50-338
 is enacted to read:
 17-50-338.
Ordinances regarding short-term rentals -- Prohibition on ordinances
restricting speech on short-term rental websites.
(1) As used in this section:
(a) "Residential unit" means a residential structure or any portion of a residential
structure that is occupied as a residence.
(b) "Short-term rental" means a residential unit or any portion of a residential unit that
the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30
consecutive days.
(c) "Short-term rental website" means a website that:
(i) allows a person to offer a short-term rental to one or more prospective renters; and
(ii) facilitates the renting of, and payment for, a short-term rental.
(2) Notwithstanding Section 
17-27a-501
 or Subsection 
17-27a-503
(1), a legislative
body may not:
(a) enact or enforce an ordinance that prohibits an individual from listing or offering a
short-term rental on a short-term rental website; or
(b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge,
prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term
rental on a short-term rental website.