Utah 2025 Regular Session

Utah House Bill HB0422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 422
	1	+	02-28 15:06 2nd Sub. (Gray) H.B. 422
	2	+	Calvin R. Musselman proposes the following substitute bill:
2	3		1
3	4		Municipality Regulation of Open House Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: R. Neil Walter
7	8		Senate Sponsor: Calvin R. Musselman
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill prohibits a municipality from regulating an open house.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines the term "open house";
22	23		9
23	24		▸ provides that the governing body of a municipality may not regulate an open house
24	25		10
25	26		differently than a residential use;
26	27		11
27	28		▸ provides that any ordinance regulating an open house differently than a residential use is
28	29		12
29	30		void; and
30	31		13
31	32		▸ makes technical and conforming changes.
32	33		14
33	34		Money Appropriated in this Bill:
34	35		15
35	36		None
36	37		16
37	38		Other Special Clauses:
38	39		17
39	40		This bill provides a special effective date.
40	41		18
41	42		Utah Code Sections Affected:
42	43		19
43	44		AMENDS:
44	45		20
45	46		10-3-702, as last amended by Laws of Utah 2010, Chapter 378
46	47		21
47	48
48	49		22
49	50		Be it enacted by the Legislature of the state of Utah:
50	51		23
51	52		Section 1. Section 10-3-702 is amended to read:
52	53		24
53	54		10-3-702 . Extent of power exercised by ordinance.
54	55		25
55	56		(1) As used in this section, "open house" means an event held by a homeowner, including
56	57		26
57	58		an event in association with a real estate agent, architect, builder, or developer, to
58	59		27
59		-	showcase a home, including the outdoor landscaping around the home. ~~H.B. 422 Enrolled Copy~~
	60	+	showcase a home, including the outdoor landscaping around the home.
60	61		28
61	62		(2)(a) [ The ] Except as provided in Subsection (2)(b), the governing body of a
	63	+	2nd Sub. H.B. 422 2nd Sub. (Gray) H.B. 422 02-28 15:06
62	64		29
63	65		municipality may pass any ordinance to regulate, require, prohibit, govern, control or
64	66		30
65	67		supervise any activity, business, conduct or condition authorized by this act or any
66	68		31
67	69		other provision of law.
68	70		32
69	71		(b)(i) The governing body of a municipality may not regulate an open house
70	72		33
71	73		differently than a residential use.
72	74		34
73	75		(ii) Any ordinance regulating an open house differently than a residential use is void.
74	76		35
75	77		(3)(a) An officer of the municipality may not be convicted of a criminal offense where [
76	78		36
77	79		he] the officer relied on or enforced an ordinance [he] the officer reasonably believed
78	80		37
79	81		to be a valid ordinance.
80	82		38
81	83		(b) It shall be a defense [to] in any action for punitive damages [that] over the
82	84		39
83	85		enforcement of an invalid ordinance if the official:
84	86		40
85	87		(i) acted in good faith in enforcing an ordinance; or
86	88		41
87	89		(ii) [that he] enforced an ordinance on advice of legal counsel.
88	90		42
89	91		Section 2. Effective Date.
90	92		43
91	93		This bill takes effect:
92	94		44
93	95		(1) except as provided in Subsection (2), May 7, 2025; or
94	96		45
95	97		(2) if approved by two-thirds of all members elected to each house:
96	98		46
97	99		(a) upon approval by the governor;
98	100		47
99	101		(b) without the governor's signature, the day following the constitutional time limit of
100	102		48
101	103		Utah Constitution, Article VII, Section 8; or
102	104		49
103	105		(c) in the case of a veto, the date of veto override.
104	106		- 2 -