02-12 11:23 1st Sub. (Buff) H.B. 422
R. Neil Walter proposes the following substitute bill:
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Municipality Regulation of Open House Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: R. Neil Walter
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill prohibits a municipality from regulating an open house.
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Highlighted Provisions:
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This bill:
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▸ defines the term "open house";
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▸ provides that the governing body of a municipality may not regulate an open house;
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▸ provides that any ordinance regulating an open house, other than a generally applicable
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building code or fire code ordinance, is void; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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10-3-702, as last amended by Laws of Utah 2010, Chapter 378
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-3-702 is amended to read:
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10-3-702 . Extent of power exercised by ordinance.
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(1) As used in this section, "open house" means an event held by a homeowner, including
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an event in association with a real estate agent, architect, builder, or developer, to
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showcase a home, including the outdoor landscaping around the home.
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(2)(a) [ The ] Except as provided in Subsection (2)(b), the governing body of a
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municipality may pass any ordinance to regulate, require, prohibit, govern, control or
1st Sub. H.B. 422 1st Sub. (Buff) H.B. 422 02-12 11:23
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supervise any activity, business, conduct or condition authorized by this act or any
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other provision of law.
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(b)(i) The governing body of a municipality may not regulate an open house.
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(ii) Any ordinance regulating an open house, other than a generally applicable
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building code or fire code ordinance, is void.
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(3)(a) An officer of the municipality may not be convicted of a criminal offense where [
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he] the officer relied on or enforced an ordinance [he] the officer reasonably believed
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to be a valid ordinance.
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(b) It shall be a defense [to] in any action for punitive damages [that] over the
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enforcement of an invalid ordinance if the official:
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(i) acted in good faith in enforcing an ordinance; or
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(ii) [that he] enforced an ordinance on advice of legal counsel.
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Section 2. Effective Date.
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This bill takes effect:
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(1) except as provided in Subsection (2), May 7, 2025; or
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(2) if approved by two-thirds of all members elected to each house:
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(a) upon approval by the governor;
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(b) without the governor's signature, the day following the constitutional time limit of
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Utah Constitution, Article VII, Section 8; or
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(c) in the case of a veto, the date of veto override.
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