S.B. 221 Short-term Rental Amendments
| Bill Sponsor:  Sen. Anderegg, Jacob L. |
- Drafting Attorney: Gus Harb
- Fiscal Analyst: Maddy Oritt
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- Last Action: 5 Mar 2021, Senate/ filed
- Last Location: Senate file for bills not passed
Introduced
Printer FriendlyS.B. 221
1 SHORT-TERM RENTAL AMENDMENTS
22021 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Jacob L. Anderegg
5House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to short-term rentals.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits a municipality or county from enacting or enforcing an ordinance that
13 would not allow owner-occupied short-term rentals; and
14 ▸ prohibits a municipality or county from using tax revenue to rent a short-term rental
15 for the purpose of enforcing an ordinance that prohibits renting a short-term rental.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-8-85.4, as enacted by Laws of Utah 2017, Chapter 335
23 17-50-338, as enacted by Laws of Utah 2017, Chapter 335
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-8-85.4 is amended to read:
27 10-8-85.4. Ordinances regarding short-term rentals -- Limitations on use of tax
28 revenue.
29 (1) As used in this section:
30 (a) "Residential unit" means a residential structure or any portion of a residential
31 structure that is occupied as a residence.
32 (b) "Short-term rental" means a residential unit or any portion of a residential unit that
33 the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30
34 consecutive days.
35 (c) "Short-term rental website" means a website that:
36 (i) allows a person to offer a short-term rental to one or more prospective renters; and
37 (ii) facilitates the renting of, and payment for, a short-term rental.
38 (2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a [legislative
39body] municipality may not:
40 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a
41 short-term rental on a short-term rental website; [or]
42 (b) enact or enforce an ordinance that prohibits the act of renting a short-term rental if
43 the owner of the short-term rental occupies the residential structure in which the short-term
44 rental is located;
45 [(b)] (c) use an ordinance that prohibits the act of renting a short-term rental to fine,
46 charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a
47 short-term rental on a short-term rental website[.]; or
48 (d) use tax revenue to rent a short-term rental that is listed or offered on a short-term
49 rental website for the purpose of enforcing an ordinance that prohibits the act of renting the
50 short-term rental.
51 Section 2. Section 17-50-338 is amended to read:
52 17-50-338. Ordinances regarding short-term rentals -- Limitations on use of tax
53 revenue.
54 (1) As used in this section:
55 (a) "Residential unit" means a residential structure or any portion of a residential
56 structure that is occupied as a residence.
57 (b) "Short-term rental" means a residential unit or any portion of a residential unit that
58 the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30
59 consecutive days.
60 (c) "Short-term rental website" means a website that:
61 (i) allows a person to offer a short-term rental to one or more prospective renters; and
62 (ii) facilitates the renting of, and payment for, a short-term rental.
63 (2) Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a [legislative
64body] county may not:
65 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a
66 short-term rental on a short-term rental website; [or]
67 (b) enact or enforce an ordinance that prohibits the act of renting a short-term rental if
68 the owner of the short-term rental occupies the residential structure in which the short-term
69 rental is located;
70 [(b)] (c) use an ordinance that prohibits the act of renting a short-term rental to fine,
71 charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a
72 short-term rental on a short-term rental website[.]; or
73 (d) use tax revenue to rent a short-term rental that is listed or offered on a short-term
74 rental website for the purpose of enforcing an ordinance that prohibits the act of renting the
75 short-term rental.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to short-term rentals.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits a municipality or county from enacting or enforcing an ordinance that
13 would not allow owner-occupied short-term rentals; and
14 ▸ prohibits a municipality or county from using tax revenue to rent a short-term rental
15 for the purpose of enforcing an ordinance that prohibits renting a short-term rental.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-8-85.4, as enacted by Laws of Utah 2017, Chapter 335
23 17-50-338, as enacted by Laws of Utah 2017, Chapter 335
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-8-85.4 is amended to read:
27 10-8-85.4. Ordinances regarding short-term rentals -- Limitations on use of tax
28 revenue.
29 (1) As used in this section:
30 (a) "Residential unit" means a residential structure or any portion of a residential
31 structure that is occupied as a residence.
32 (b) "Short-term rental" means a residential unit or any portion of a residential unit that
33 the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30
34 consecutive days.
35 (c) "Short-term rental website" means a website that:
36 (i) allows a person to offer a short-term rental to one or more prospective renters; and
37 (ii) facilitates the renting of, and payment for, a short-term rental.
38 (2) Notwithstanding Section 10-9a-501 or Subsection 10-9a-503(1), a [
39
40 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a
41 short-term rental on a short-term rental website; [
42 (b) enact or enforce an ordinance that prohibits the act of renting a short-term rental if
43 the owner of the short-term rental occupies the residential structure in which the short-term
44 rental is located;
45 [
46 charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a
47 short-term rental on a short-term rental website[
48 (d) use tax revenue to rent a short-term rental that is listed or offered on a short-term
49 rental website for the purpose of enforcing an ordinance that prohibits the act of renting the
50 short-term rental.
51 Section 2. Section 17-50-338 is amended to read:
52 17-50-338. Ordinances regarding short-term rentals -- Limitations on use of tax
53 revenue.
54 (1) As used in this section:
55 (a) "Residential unit" means a residential structure or any portion of a residential
56 structure that is occupied as a residence.
57 (b) "Short-term rental" means a residential unit or any portion of a residential unit that
58 the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30
59 consecutive days.
60 (c) "Short-term rental website" means a website that:
61 (i) allows a person to offer a short-term rental to one or more prospective renters; and
62 (ii) facilitates the renting of, and payment for, a short-term rental.
63 (2) Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a [
64
65 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a
66 short-term rental on a short-term rental website; [
67 (b) enact or enforce an ordinance that prohibits the act of renting a short-term rental if
68 the owner of the short-term rental occupies the residential structure in which the short-term
69 rental is located;
70 [
71 charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a
72 short-term rental on a short-term rental website[
73 (d) use tax revenue to rent a short-term rental that is listed or offered on a short-term
74 rental website for the purpose of enforcing an ordinance that prohibits the act of renting the
75 short-term rental.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 2/19/2021 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 2/19/2021 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 2/19/2021 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 2/19/2021 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
| 2/19/2021 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/23/2021 | LFA/ fiscal note publicly available | Senate Rules Committee | |
| 2/23/2021 | Senate/ received fiscal note from Fiscal Analyst | Senate Rules Committee | |
| 2/24/2021 | Senate/ to standing committee | Senate Revenue and Taxation Committee | |
| 2/25/2021 | Senate Comm - Not Considered | Senate Revenue and Taxation Committee | |
| 3/1/2021 | Senate Comm - Held | Senate Revenue and Taxation Committee | 6 1 2 |
| 3/2/2021 | Senate Comm - Returned to Rules | Senate Revenue and Taxation Committee | |
| 3/3/2021 | Senate/ comm rpt/ sent to Rules | Senate Rules Committee | |
| 3/5/2021 | Senate/ strike enacting clause | Senate Secretary | |
| 3/5/2021 | Senate/ filed | Senate file for bills not passed |
Committee Hearings/Floor Debate