Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 171 (2024GS)

Sponsor

Sen. Kwan, K.

Final action

Governor Signed 3/19/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• Ŝ→ [ requires ] provides that ←Ŝ a municipal ordinance on the licensing of an 13a owner of a rental dwelling Ŝ→ [ to provide an exemption for ] does not apply to ←Ŝ an owner who does not receive compensation for 14a the use of the rental dwelling.

Every vote on this bill

Bill text

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 14, 2024 at 11:11 AM by lpoole.
MUNICIPAL RENTAL DWELLING LICENSING
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: 
 Andrew Stoddard
LONG TITLE
General Description:
This bill modifies provisions of the municipal code regarding rental dwellings.
Highlighted Provisions:
This bill:
▸ 
Ŝ→ [
 requires
] 
provides that
 ←Ŝ
 a municipal ordinance on the licensing of an
13a owner of a rental dwelling 
Ŝ→ [
to
provide an exemption for
] 
does not apply to
 ←Ŝ
 an owner who does not receive compensation for
14a the use
of the rental dwelling.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-85.5
, as last amended by Laws of Utah 2023, Chapter 327
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-85.5
 is amended to read:
10-8-85.5.
"Rental dwelling" defined -- Municipality may require a business
license or a regulatory business license and inspections -- Exception.
(1) As used in this section, "rental dwelling" means a building or portion of a building
that is:
(a) used or designated for use as a residence by one or more persons; and
(b) (i) available to be rented, loaned, leased, or hired out for a period of one month or
longer; or
(ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period of
one month or longer.
(2) (a) [
The
] 
Subject to Subsection (2)(e), the
 legislative body of a municipality may by
ordinance require the owner of a rental dwelling located within the municipality:
(i) to obtain a business license pursuant to Section 
10-1-203
; or
(ii) (A) to obtain a regulatory business license to operate and maintain the rental
dwelling in accordance with Section 
10-1-203.5
; and
(B) to allow inspections of the rental dwelling as a condition of obtaining a regulatory
business license.
(b) A municipality may not require an owner of multiple rental dwellings or multiple
buildings containing rental dwellings to obtain more than one regulatory business license for
the operation and maintenance of those rental dwellings.
(c) A municipality may not charge a fee for the inspection of a rental dwelling.
(d) If a municipality's inspection of a rental dwelling, allowed under Subsection
(2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a
municipality may not inspect that rental dwelling except as provided for in Section 
10-1-203.5
.
(e) An ordinance under Subsection (2)(a)
Ŝ→ [
shall include a provision exempting from the
ordinance's licensing requirement
] 
does not apply to
 ←Ŝ
an owner of a rental dwelling who
50a 
demonstrates
Ŝ→ 
by a signed affidavit
 ←Ŝ
that the
owner does not receive compensation from the use of the owner's rental dwelling.
(3) A municipality may not:
(a) interfere with the ability of an owner of a rental dwelling to contract with a tenant
concerning the payment of the cost of a utility or municipal service provided to the rental
dwelling; or
(b) except as required under the State Construction Code or an approved code under
Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling,
or as required in an ordinance adopted before January 1, 2008, require the owner of a rental
dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that
was not required when the rental dwelling was constructed.
(4) Nothing in this section shall be construed to affect the rights and duties established
under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to
enforce its generally applicable health ordinances or building code, a local health department's
authority under Title 26A, Chapter 1, Local Health Departments, or the Department of Health
and Human Service's authority under Title 26B, Utah Health and Human Services Code.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.