GRAND COUNTY COUNCIL MOAB CITY COUNCIL Joint Meeting Moab City Council Chambers 217 East Center Street, Moab, Utah AGENDA Wednesday, October 4, 2017 12:00 p.m. GOVERNOR S LOCAL GOVERNMENT MEETING Call to Order Introductions Discussion Items A. Economic Development and the 25k Jobs Initiative Update (Governor Gary Herbert) B. Proposed Short-Term Rental Amendments - HB 253 (Grand County & The City of Moab) C. USU-Moab Campus (Grand County & The City of Moab) D. $100M UDOT Appropriation - SB 277 (Grand County & The City of Moab) E. Transient Room Tax Law and Collection Issue (Grand County) Future Considerations Adjourn NOTICE OF SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS. In compliance with the Americans with Disabilities Act, individuals with special needs requests wishing to attend County Council meetings are encouraged to contact the County two (2) business days in advance of these events. Specific accommodations necessary to allow participation of disabled persons will be provided to the maximum extent possible. T.D.D. (Telecommunication Device for the Deaf) calls can be answered at: (435) 259-1346. Individuals with speech and/or hearing impairments may also call the Relay Utah by dialing 711. Spanish Relay Utah: 1 (888) 346-3162 It is hereby the policy of Grand County that elected and appointed representatives, staff and members of Grand County Council may participate in meetings through electronic means. Any form of telecommunication may be used, as long as it allows for real time interaction in the way of discussions, questions and answers, and voting. At the Grand County Council meetings/hearings any citizen, property owner, or public official may be heard on any agenda subject. The number of persons heard and the time allowed for each individual may be limited at the sole discretion of the Chair. On matters set for public hearings there is a threeminute time limit per person to allow maximum public participation. Upon being recognized by the Chair, please advance to the microphone, state your full name and address, whom you represent, and the subject matter. No person shall interrupt legislative proceedings. Requests for inclusion on an agenda and supporting documentation must be received by 5:00 PM on the Wednesday prior to a regular Council Meeting and forty-eight (48) hours prior to any Special Council Meeting. Information relative to these meetings/hearings may be obtained at the Grand County Council s Office, 125 East Center Street, Moab, Utah; (435) 259-1346. A Council agenda packet is available at the local Library, 257 East Center St., Moab, Utah, (435) 259-1111 at least 24 hours in advance of the meeting. 10/3/17 Page 1 of 1
Enrolled Copy H.B. 253 1 SHORT-TERM RENTAL AMENDMENTS 2 2017 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: John Knotwell 5 Senate Sponsor: J. Stuart Adams 6 7 LONG TITLE 8 General Description: 9 This bill prevents a political subdivision from prohibiting the use of a short-term rental 10 website. 11 Highlighted Provisions: 12 This bill: 13 defines terms; and 14 prevents a political subdivision from prohibiting an individual from listing or 15 offering a short-term rental on a short-term rental website. 16 Money Appropriated in this Bill: 17 None 18 Other Special Clauses: 19 None 20 Utah Code Sections Affected: 21 ENACTS: 22 10-8-85.4, Utah Code Annotated 1953 23 17-50-338, Utah Code Annotated 1953 24 25 Be it enacted by the Legislature of the state of Utah: 26 Section 1. Section 10-8-85.4 is enacted to read: 27 10-8-85.4. Ordinances regarding short-term rentals -- Prohibition on ordinances 28 restricting speech on short-term rental websites. 29 (1) As used in this section:
H.B. 253 Enrolled Copy 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 body 39 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) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, 43 prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term 44 rental on a short-term rental website. 45 Section 2. Section 17-50-338 is enacted to read: 46 17-50-338. Ordinances regarding short-term rentals -- Prohibition on ordinances 47 restricting speech on short-term rental websites. 48 (1) As used in this section: 49 (a) "Residential unit" means a residential structure or any portion of a residential 50 structure that is occupied as a residence. 51 (b) "Short-term rental" means a residential unit or any portion of a residential unit that 52 the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 53 consecutive days. 54 (c) "Short-term rental website" means a website that: 55 (i) allows a person to offer a short-term rental to one or more prospective renters; and 56 (ii) facilitates the renting of, and payment for, a short-term rental. 57 (2) Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a legislative - 2 -
Enrolled Copy H.B. 253 58 body may not: 59 (a) enact or enforce an ordinance that prohibits an individual from listing or offering a 60 short-term rental on a short-term rental website; or 61 (b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, 62 prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term 63 rental on a short-term rental website. - 3 -
4/1 5/2017 Utah Legislature SB0277 99 (h) bear interest at the rate or rates, payable at the place or places, and evidenced in the 100 manner, that the authority determines; 101 (i) be redeemable before maturity, with or without premium; 102 U) contain any other provisions not inconsistent with this part that are considered to be 103 for the best interests of the authority and provided for in the proceedings of the authority under 104 which the bonds are authorized to be issued; and 105 (k) bear facsimile signatures and seals. 106 (4) The authority may pay any expenses, premiums, or commissions, that it considers 107 necessary or advantageous in connection with the authorization, sale, and issuance of these 108 obligations, from the proceeds of the sale of the obligations or from the revenues of the projects 109 involved. 110 Section 2. Section 638-27-101 is enacted to read: 111 CHAPTER 27. 2017 BONDING AND FINANCING AUTHORIZATIONS 112 Part 1. 2017 Highway General Obligation Bonds 113 638-27-101. Highway bonds -- Maximum amount -- Use of proceeds for highway 114 projects. 115 (1) (a) Subject to the restriction in Subsection (1 )(c). the total amount of bonds issued 116 under this section may not exceed $1.000.000.000. 117 (b) When the Department of Transportation certifies to the commission that the 118 requirements of Subsection 72-2-124(5) have been met and certifies the amount of bond 119 proceeds that the commission needs to provide funding for the projects described in Subsection 120 (2) for the current or next fiscal year. the commission may issue and sell general obligation 121 bonds in an amount equal to the certified amount plus costs of issuance. 122 (c} The commission may not issue general obligation bonds authorized under this 123 section if the issuance of the general obligation bonds would result in the total current 124 outstanding general obligation debt of the state exceeding 50% of the limitation described in 125 the Utah Constitution, Article XIV. Section 1. 126 (2) Except as provided in Subsection (3). proceeds from the issuance of bonds shall be 127 provided to the Department of Transportation to pay all or part of the costs of the following 128 state highway construction or reconstruction projects: 129 (a) state and federal highways prioritized by the Transportation Commission through 130 the prioritization process for new transportation capacity projects adopted under Section 131 72-1-304. giving priority consideration for projects with a regional significance or that support 132 economic development within the state. including: 133 (i) projects that are prioritized but exceed available cash flow beyond the normal 134 programming horizon; or 135 (ii) projects prioritized in the state highway construction program: and 136 (b) $100.000.000 to be used by the Department of Transportation for transportation 137 improvements as prioritized by the Transportation Commission for projects that: 138 (i) have a significant economic development impact associated with recreation and 139 tourism within the state; and 140 (ii) address significant needs for congestion mitigation. 141 (3) Nineteen million dollars of the bond proceeds issued under this section shall be 142 provided to the Transportation Infrastructure Loan Fund created by Section 72-2-202 to make 143 funds available for a transportation infrastructure loan or transportation infrastructure 144 assistance under Title 72. Chapter 2. Part 2. Transportation Infrastructure Loan Fund, as 145 follows: 146 (a} $10.000.000 to the military installation development authority created in Section 147 63H-1-201; 148 (b) $5.000.000 for right-of-way acquisition and highway construction in Davis County; 149 and 150 (c) $4.000.000 for pedestrian access and crossings by a public transit fixed guideway 151 rail station and an institution of higher education. 152 (4) The bond proceeds issued under this section shall be provided to the Department of 153 Transportation. 154 (5) The costs under Subsection (2) may include the costs of studies necessary to make 155 transportation infrastructure improvements. the costs of acquiring land. interests in land. and 156 easements and rights-of-way. the costs of improving sites. and making all improvements 157 necessary, incidental. or convenient to the facilities. and the costs of interest estimated to http://le.utah.gov/-2017 /bi lls/sbillenr/sb0277.htm 3/7