Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 271 (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits a county or municipal legislative body from adopting or enforcing a land use regulation that regulates co-owned homes differently from other residential units; and
• prohibits a county or municipal legislative body from using a land use regulation regarding co-owned homes to punish individuals for owning or using a co-owned home.

Every vote on this bill

Bill text

HOME OWNERSHIP REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill prohibits certain municipal and county land use regulations.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits a county or municipal legislative body from adopting or enforcing a land
use regulation that regulates co-owned homes differently from other residential
units; and
▸ prohibits a county or municipal legislative body from using a land use regulation
regarding co-owned homes to punish individuals for owning or using a co-owned
home.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-8-85.10
, Utah Code Annotated 1953
17-50-340
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-85.10
 is enacted to read:
 10-8-85.10.
Ordinances regarding co-ownership -- Prohibition on municipal
ordinances restricting co-ownership models.
(1) As used in this section:
(a) "Co-owned home" means any residential unit that is jointly owned, in any manner
or form, by any combination of individuals or entities.
(b) "Residential unit" means the same as that term is defined in Section 
10-8-85.4
.
(2) Notwithstanding Section 
10-9a-501
 and Subsection 
10-9a-503
(1), a municipal
legislative body may not:
(a) adopt or enforce a land use regulation that regulates co-owned homes differently
than other residential units; or
(b) use a land use regulation governing co-owned homes to fine, charge, prosecute, or
otherwise punish an individual solely for the act of owning or using a co-owned home.
(3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use
regulations, if the regulations are applied equally to all residential units, including co-owned
homes.
(4) This section does not limit private individuals or associations from adopting rules
or regulations governing co-owned homes.
(5) Nothing in this section limits a municipality's authority to adopt or enforce
regulations regarding:
(a) accessory dwelling units, as defined in Section 
10-9a-103
;
(b) internal accessory dwelling units, as defined in Section 
10-9a-511.5
; or
(c) the rental of a residential unit for fewer than 30 days consistent with Section
10-8-85.4
.
Section 2. Section 
17-50-340
 is enacted to read:
 17-50-340.
Ordinances regarding co-ownership -- Prohibition on county
ordinances restricting co-ownership models.
(1) As used in this section:
(a) "Co-owned home" means any residential unit that is jointly owned, in any manner
or form, by any combination of individuals or entities.
(b) "Residential unit" means the same as that term is defined in Section 
17-50-338
.
(2) Notwithstanding Section 
17-27a-501
 or Subsection 
17-27a-503
(1), a county
legislative body may not:
(a) adopt or enforce a land use regulation that governs co-owned homes differently
than other residential units; or
(b) use a land use regulation that regulates co-owned homes to fine, charge, prosecute,
or otherwise punish an individual solely for the act of owning or using a co-owned home.
(3) Notwithstanding Subsection (2), a legislative body may adopt and enforce land use
regulations, if the regulations are applied equally to all residential units, including co-owned
homes.
(4) This section does not limit homeowners' associations or condominium associations
from adopting rules or regulations governing co-owned homes.
(5) Nothing in this section limits a county's authority to adopt or enforce regulations
regarding:
(a) accessory dwelling units, as defined in Section 
17-27a-103
;
(b) internal accessory dwelling units, as defined in Section 
17-27a-510.5
; or
(c) the rental of a residential unit for fewer than 30 days consistent with Section
17-50-338
.