Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 180 (2024GS)

Sponsor

Rep. Bennion, G.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires municipalities and counties that allow short-term rentals to adopt ordinances or regulations to promote the health, safety, and welfare of short-term rental occupants;
• prohibits the operation of a short-term rental unless the municipality or county issues a permit to operate the short-term rental and the State Tax Commission issues a sales tax license;
• provides for requirements for a municipality or county issuing a short-term rental permit;
• authorizes municipalities and counties to enact ordinances to ensure compliance with applicable requirements; and
• imposes requirements and limitations on an owner of a short-term rental.

Every vote on this bill

Bill text

SHORT-TERM RENTAL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gay Lynn Bennion
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts provisions regarding short-term residential rentals.
Highlighted Provisions:
This bill:
▸ requires municipalities and counties that allow short-term rentals to adopt
ordinances or regulations to promote the health, safety, and welfare of short-term
rental occupants;
▸ prohibits the operation of a short-term rental unless the municipality or county
issues a permit to operate the short-term rental and the State Tax Commission issues
a sales tax license;
▸ provides for requirements for a municipality or county issuing a short-term rental
permit;
▸ authorizes municipalities and counties to enact ordinances to ensure compliance
with applicable requirements; and
▸ imposes requirements and limitations on an owner of a short-term rental.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-9a-538
, Utah Code Annotated 1953
17-27a-534
, Utah Code Annotated 1953
57-31-101
, Utah Code Annotated 1953
57-31-201
, Utah Code Annotated 1953
57-31-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-538
 is enacted to read:
 10-9a-538.
Short-term rentals.
(1) As used in this section, "short-term rental" means the same as that term is defined
in Section 
57-31-101
.
(2) A municipality that allows short-term rentals within the municipality shall adopt
ordinances or regulations to promote the public health, public safety, and general welfare of the
short-term rental occupants.
(3) In issuing a permit for a short-term rental, a municipality shall comply with Title
57, Chapter 31, Short-term Rentals.
Section 2. Section 
17-27a-534
 is enacted to read:
 17-27a-534.
Short-term rentals.
(1) As used in this section, "short-term rental" means the same as that term is defined
in Section 
57-31-101
.
(2) A county that allows short-term rentals within an unincorporated area of the county
shall adopt ordinances or regulations to promote the public health, public safety, and general
welfare of the short-term rental occupants.
(3) In issuing a permit for a short-term rental, a county shall comply with Title 57,
Chapter 31, Short-term Rentals.
Section 3. Section 
57-31-101
 is enacted to read:
CHAPTER 31. SHORT-TERM RENTALS
Part 1. General Provisions
 57-31-101.
Definitions.
As used in this chapter:
(1) "One-hour drive distance" means the distance, as determined by the municipality or
county issuing a permit under Section 
57-31-201
, that a vehicle would travel in one hour
traveling the applicable speed limit following the most reasonably direct path under normal
road and traffic conditions.
(2) "Owner" means the individual who:
(a) owns the property that is operated as a short-term rental; or
(b) owns the largest percentage of an interest in a corporation, limited liability
company, partnership, or other entity that owns the property that is operated as a short-term
rental.
(3) (a) "Short-term rental" means any of the following, offered for use as residential
lodging, in exchange for compensation, for a period of less than 30 consecutive days:
(i) a single-family residence;
(ii) a unit of a multi-family residence that is a duplex, triplex, or fourplex;
(iii) a town home;
(iv) a condominium unit;
(v) an accessory dwelling unit, as defined in Section 
10-9a-103
; or
(vi) a bedroom, with an egress window, within a structure described in Subsections
(3)(a)(i) through (v).
(b) "Short-term rental" does not include:
(i) a unit within a qualified low-income building, as defined in Section 42(c), Internal
Revenue Code;
(ii) a structure for which a certificate of occupancy has not been issued;
(iii) a space within a structure for which a certificate of occupancy has not been issued;
(iv) a structure or unit that is sublet;
(v) a hotel;
(vi) a motel; or
(vii) an inn.
Section 4. Section 
57-31-201
 is enacted to read:
Part 2. Short-term Rental Requirements
 57-31-201.
Permits -- Designated local contact -- Course requirement.
(1) (a) An owner may not operate a residential property as a short-term rental unless:
(i) as applicable:
(A) the municipality in which the proposed short-term rental is located issues the
owner a permit to operate the short-term rental; or
(B) the county in whose unincorporated area the proposed short-term rental is located
issues the owner a permit to operate the short-term rental; and
(ii) the State Tax Commission issues the owner a sales and use tax license for the
short-term rental.
(b) A municipality or county may issue a permit under Subsection (1)(a)(i) only if:
(i) the owner designates as a local contact for the short-term rental an individual who
resides within a one-hour drive distance from the short-term rental;
(ii) the owner certifies that:
(A) the owner will, during the entire period of operation of the short-term rental,
maintain a local contact for the short-term rental who resides within a one-hour drive distance
of the short-term rental; and
(B) the individual designated as a local contact for the short-term rental has not been
designated as a local contact for more than 19 other short-term rentals;
(iii) the owner and the designated local contact complete a short-term rental education
course that is:
(A) provided by a college, university, or professional organization; and
(B) approved by the municipality or county that issues the permit; and
(iv) the applicable municipal or county requirements for obtaining a permit for a
short-term rental are met.
(2) A municipality or county shall revoke a license issued under Subsection (1)(a)(i) if:
(a) an owner fails to maintain for the short-term rental an individual as a local contact
who lives within a one-hour drive distance of the short-term rental; or
(b) an individual designated as a local contact for the short-term rental is designated at
the same time as a local contact for more than 19 other short-term rentals.
(3) A municipality or county may enact ordinances to ensure compliance with the
requirements of this part.
(4) An owner shall ensure that the name and telephone number of the designated local
contact is posted in a conspicuous place within the short-term rental.
(5) An owner shall include the owner's short-term rental permit number in any listing
or advertisement that offers the short-term rental for reservation or occupancy.
Section 5. Section 
57-31-202
 is enacted to read:
 57-31-202.
Safety requirements -- Limitations.
(1) (a) Subject to Subsection (1)(b), an owner may not allow more than four occupants
in a short-term rental described in Subsections 
57-31-101
(3)(a)(i) through (v).
(b) An owner may allow two additional occupants in a short-term rental described in
Subsection (1)(a) for each additional bedroom after the first bedroom in the short-term rental.
(2) An owner shall ensure that a short-term rental has, on each level where occupants
are allowed, at least one functioning smoke detector, carbon monoxide detector, and fire
extinguisher.
(3) An owner may not:
(a) allow an area within a short-term rental to be subdivided into multiple short-term
rental units; or
(b) accommodate more than one reservation at a time in a single short-term rental.
Section 6. 
Effective date.
This bill takes effect on May 1, 2024.