- If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be caused by the health professional’s or health care institution’s action or omission while providing health care services in support of this state’s response to the state of emergency declared by the governor unless it is proven by clear and convincing evidence that the health professional or health care institution failed to act or acted and the failure to act or action was due to that health professional’s or health care institution’s wilful misconduct or gross negligence.
- Subsection A of this section applies to any action or omission that is alleged to have occurred during a person’s screening, assessment, diagnosis or treatment and that is related to the public health pandemic that is the subject of the state of emergency or any action or omission that occurs in the course of providing a person with health care services and that is unrelated to the public health pandemic that is the subject of the state of emergency if the health professional’s or health care institution’s action or omission was in good faith support of this state’s response to the state of emergency, including any of the following:
- Delaying or canceling a procedure that the health professional determined in good faith was a nonurgent or elective dental, medical or surgical procedure.
- Providing nursing care or procedures.
- Altering a person’s diagnosis or treatment in response to an order, directive or guideline that is issued by the federal government, this state or a local government.
- An act or omission undertaken by a health professional or health care institution because of a lack of staffing, facilities, equipment, supplies or other resources that are attributable to the state of emergency and that render the health professional or health care institution unable to provide the level or manner of care to a person that otherwise would have been required in the absence of the state of emergency.
- A health professional or health care institution is presumed to have acted in good faith if the health professional or health care institution relied on and reasonably attempted to comply with applicable published guidance relating to the public health pandemic that was issued by a federal or state agency. This subsection does not prohibit a party from introducing any other evidence that proves the health professional or health care institution acted in good faith.
- In the case of a claim against a nursing care institution or residential care institution, where the care in question did not directly relate to the public health pandemic, the burden is on the facility to prove that the act or omission was a direct result of having to provide care to patients needing treatment for the pandemic or due to limitations in equipment, supplies or staff caused by the pandemic.
- This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor.
- This section does not apply to any claim that is subject to title 23, chapter 6.
- For the purposes of this section:
- “Health care institution” has the same meaning prescribed in section 36-401 and includes an ambulance service as defined in section 36-2201.
- “Health professional” has the same meaning prescribed in section 32-3201 and includes an ambulance attendant as defined in section 36-2201.
Section: Miscellaneous Statutes
Emergency declaration for a public health pandemic; immunity from liability; burden of proof; presumption; applicability; definition
- If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a person or provider that acts in good faith to protect a customer, student, tenant, volunteer, patient, guest or neighbor or the public from injury from the public health pandemic is not liable for damages in any civil action for any injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the customer, student, tenant, volunteer, patient, guest, neighbor or public from the effects of the public health pandemic unless it is proven by clear and convincing evidence that the person or provider failed to act or acted and the failure to act or action was due to that person’s or provider’s wilful misconduct or gross negligence. A person or provider is presumed to have acted in good faith if the person or provider adopted and implemented reasonable policies related to the public health pandemic.
- This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person or provider that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor.
- This section does not apply to any claim that is subject to title 23, chapter 6.
- For the purposes of this section, “provider” means any of the following:
- A person who furnishes consumer or business goods or services or entertainment.
- An educational institution or district.
- A school district or charter school.
- A property owner, property manager or property lessor or lessee.
- A nonprofit organization.
- A religious institution.
- This state or an agency or instrumentality of this state.
- A local government or political subdivision of this state, including a department, agency or commission of a local government or political subdivision of this state.
- A service provider as defined in section 36-551.
- A health professional as defined in section 32-3201, including a person who is supervised by the health professional in the course of providing health care services.
- A health care institution as defined in section 36-401.
Requirement of planned community prohibited
- A county planning and zoning commission in exercising its authority pursuant to this title shall not require as part of a subdivision approval or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.
- A county may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A county shall not require that an association be formed or operated other than for the maintenance of common areas or community owned property. This subsection applies only to planned communities that are established in plats recorded after the effective date of this section.
- This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a county.
View all Miscellaneous Statutes statutes.
Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions
- A county may not prohibit vacation rentals or short-term rentals.
- A county may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section. A county may regulate vacation rentals or short-term rentals within the unincorporated areas of the county as follows:
- To protect the public’s health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control, if the county demonstrates that the rule or regulation is for the primary purpose of protecting the public’s health and safety.
- To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42-12004.
- To limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.
- To require the owner of a vacation rental or short-term rental to provide the county with contact information for the owner or the owner’s designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. In addition to any other penalty pursuant to this section, the county may impose a civil penalty of up to $1,000 against the owner for every thirty days the owner fails to provide contact information as prescribed by this paragraph. The county shall provide thirty days’ notice to the owner before imposing the initial civil penalty.
- To require an owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license. As a condition of issuance of a permit or license, the application for the permit or license may require an applicant to provide only the following:
- Name, address, phone number and email address for the owner or owner’s agent.
- Address of the vacation rental or short-term rental.
- Proof of compliance with section 42-5005.
- Contact information required pursuant to paragraph 4 of this subsection.
- Acknowledgment of an agreement to comply with all applicable laws, regulations and ordinances.
- A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less.
- To require, before offering a vacation rental or short-term rental for rent for the first time, the owner or the owner’s designee of a vacation rental or short-term rental to notify all single-family residential properties adjacent to, directly and diagonally across the street from the vacation rental or short-term rental. Notice shall be deemed sufficient in a multifamily residential building if given to residents on the same building floor. A county may require additional notification pursuant to this paragraph if the contact information previously provided changes. Notification provided in compliance with this paragraph shall include the permit or license number if required by the county, the address, and the information required pursuant to paragraph 4 of this subsection. The owner or the owner’s designee shall demonstrate compliance with this paragraph by providing the county with an attestation of notification compliance that consists of the following information:
- The permit or license number of the vacation rental or short-term rental, if required by the county.
- The address of each property notified.
- A description of the manner in which the owner or owner’s designee chose to provide notification to each property subject to notification.
- The name and contact information of the person attesting to compliance with this paragraph.
- To require the owner or owner’s designee of a vacation rental or short-term rental to display the local regulatory permit number or license number, if any, on each advertisement for a vacation rental or short-term rental that the owner or owner’s designee maintains. A county that does not require a local regulatory permit or license may require the owner or owner’s designee of a vacation rental or short-term rental to display the transaction privilege tax license required by section 42-5042 on each advertisement for a vacation rental or short-term rental that the owner or owner’s designee maintains.
- To require the vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage.
- A county that requires a local regulatory permit or license pursuant to this section shall issue or deny the permit or license within seven business days of receipt of the information required by subsection B, paragraph 5 of this section and otherwise in accordance with section 11-1602, except that a county may deny issuance of a permit or license only for any of the following:
- Failure to provide the information required by subsection B, paragraph 5, subdivisions (a) through (e) of this section.
- Failure to pay the required permit or license fee.
- At the time of application the owner has a suspended permit or license for the same vacation rental or short-term rental.
- The applicant provides false information.
- The owner or owner’s designee of a vacation rental or short-term rental is a registered sex offender or has been convicted of any felony act that results in death or serious physical injury or any felony use of a deadly weapon within the past five years.
- A county that requires a local regulatory permit or license pursuant to this section shall adopt an ordinance to allow the county to initiate an administrative process to suspend a local regulatory permit or license for a period of up to twelve months for the following verified violations associated with a property:
- Three verified violations within a twelve-month period, not including any verified violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health or safety.
- One verified violation that results in or constitutes any of the following:
- A felony offense committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner’s designee.
- A serious physical injury or wrongful death at or related to a vacation rental or short-term rental resulting from the knowing, intentional or reckless conduct of the vacation rental or short-term rental owner or owner’s designee.
- An owner or owner’s designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses or prostitution, or operating or maintaining a sober living home, in violation of regulation or ordinance adopted pursuant to subsection B, paragraph 3 of this section.
- An owner or owner’s designee knowingly or intentionally allowing the use of a vacation rental or short-term rental for a special event that would otherwise require a permit or license pursuant to a county or a state law or rule or for a retail, restaurant, banquet space or other similar use.
- Notwithstanding paragraphs 1 and 2 of this subsection, any attempted or completed felony act, arising from the occupancy or use of a vacation rental or short-term rental, that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property’s use as a vacation rental or short-term rental for a period of time that shall not exceed twelve months.
- A county that requires sex offender background checks on a vacation rental or short-term rental guest shall waive the requirement if an online lodging marketplace performs a sex offender background check of the booking guest.
- Notwithstanding any other law, a county may impose a civil penalty of the following amounts against an owner of a vacation rental or short-term rental if the owner receives one or more verified violations related to the same vacation rental or short-term rental property within the same twelve-month period:
- Up to $500 or up to an amount equal to one night’s rent for the vacation rental or short-term rental as advertised, whichever is greater, for the first verified violation.
- Up to $1,000 or up to an amount equal to two nights’ rent for the vacation rental or short-term rental as advertised, whichever is greater, for the second verified violation.
- Up to $3,500 or up to an amount equal to three nights’ rent for the vacation rental or short-term rental as advertised, whichever is greater, for a third and any subsequent verified violation.
- A vacation rental or short-term rental that fails to apply for a local regulatory permit or license in accordance with subsection B, paragraph 5 of this section, within thirty days of the local regulatory permit or license application process being made available by the county issuing such permits or licenses, must cease operations. In addition to any fines imposed pursuant to subsection F of this section, a county may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to apply for a regulatory permit or license within thirty days after receiving written notice of the failure to comply with subsection B, paragraph 5 of this section.
- If multiple verified violations arise out of the same response to an incident at a vacation rental or short-term rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties or suspending the regulatory permit or license of the owner or owner’s designee pursuant to this section.
- If the owner of a vacation rental or short-term rental has provided contact information to a county pursuant to subsection B, paragraph 4 of this section and if the county issues a citation for a violation of the county’s applicable laws, regulations or ordinances or a state law that occurred on the owner’s vacation rental or short-term rental property, the county shall make a reasonable attempt to notify the owner or the owner’s designee of the citation within seven business days after the citation is issued using the contact information provided pursuant to subsection B, paragraph 4 of this section. If the owner of a vacation rental or short-term rental has not provided contact information pursuant to subsection B, paragraph 4 of this section, the county is not required to provide such notice.
- This section does not exempt an owner of a residential rental property, as defined in section 33-1901, from maintaining with the assessor of the county in which the property is located information required under title 33, chapter 17, article 1.
- A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a county ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.
- For the purposes of this section:
- “Online lodging marketplace” has the same meaning prescribed in section 42-5076.
- “Transient” has the same meaning prescribed in section 42-5070.
- “Vacation rental” or “short-term rental”:
- Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42-12001.
- Does not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.
- “Verified violation” means a finding of guilt or civil responsibility for violating any state law or local ordinance relating to a purpose prescribed in subsection B or K of this section that has been finally adjudicated.
Limits on regulation of vacation rentals and short-term rentals; state preemption; civil penalties; transaction privilege tax license suspension; definitions
- A city or town may not prohibit vacation rentals or short-term rentals.
- A city or town may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section. A city or town may regulate vacation rentals or short-term rentals as follows:
- To protect the public’s health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control, if the city or town demonstrates that the rule or regulation is for the primary purpose of protecting the public’s health and safety.
- To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42-12004.
- To limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.
- To require the owner of a vacation rental or short-term rental to provide the city or town an emergency point of contact information for the owner or the owner’s designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. In addition to any other penalty pursuant to this section, the city or town may impose a civil penalty of up to $1,000 against the owner for every thirty days the owner fails to provide contact information as prescribed by this paragraph. The city or town shall provide thirty days’ notice to the owner before imposing the initial civil penalty.
- To require an owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license pursuant to title 9, chapter 7, article 4. As a condition of issuance of a permit or license, the application for the permit or license may require an applicant to provide only the following:
- Name, address, phone number and email address for the owner or owner’s agent.
- Address of the vacation rental or short-term rental.
- Proof of compliance with section 42-5005.
- Contact information required pursuant to paragraph 4 of this subsection.
- Acknowledgment of an agreement to comply with all applicable laws, regulations and ordinances.
- A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less.
- To require, before offering a vacation rental or short-term rental for rent for the first time, the owner or the owner’s designee of a vacation rental or short-term rental to notify all single-family residential properties adjacent to, directly and diagonally across the street from the vacation rental or short-term rental. Notice shall be deemed sufficient in a multifamily residential building if given to residents on the same building floor. A city or town may require additional notification pursuant to this paragraph if the contact information previously provided changes. Notification provided in compliance with this paragraph shall include the permit or license number if required by the city or town, the address, and the information required pursuant to paragraph 4 of this subsection. The owner or the owner’s designee shall demonstrate compliance with this paragraph by providing the city or town with an attestation of notification compliance that consists of the following information:
- The permit or license number of the vacation rental or short-term rental, if required by the city or town.
- The address of each property notified.
- A description of the manner in which the owner or owner’s designee chose to provide notification to each property subject to notification.
- The name and contact information of the person attesting to compliance with this paragraph.
- To require the owner or owner’s designee of a vacation rental or short-term rental to display the local regulatory permit number or license number, if any, on each advertisement for a vacation rental or short-term rental that the owner or owner’s designee maintains. A city or town that does not require a local regulatory permit or license may require the owner or owner’s designee of a vacation rental or short-term rental to display the transaction privilege tax license required by section 42-5042 on each advertisement for a vacation rental or short-term rental that the owner or owner’s designee maintains.
- To require the vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage.
- A city or town that requires a local regulatory permit or license pursuant to this section shall issue or deny the permit or license within seven business days of receipt of the information required by subsection B, paragraph 5 of this section and otherwise in accordance with section 9-835, except that a city or town may deny issuance of a permit or license only for any of the following:
- Failure to provide the information required by subsection B, paragraph 5, subdivisions (a) through (e) of this section.
- Failure to pay the required permit or license fee.
- At the time of application the owner has a suspended permit or license for the same vacation rental or short-term rental.
- The applicant provides false information.
- The owner or owner’s designee of a vacation rental or short-term rental is a registered sex offender or has been convicted of any felony act that resulted in death or serious physical injury or any felony use of a deadly weapon within the past five years.
- A city or town that requires a local regulatory permit or license pursuant to this section shall adopt an ordinance to allow the city or town to initiate an administrative process to suspend a local regulatory permit or license for a period of up to twelve months for the following verified violations associated with a property:
- Three verified violations within a twelve-month period, not including any verified violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
- One verified violation that results in or constitutes any of the following:
- A felony offense committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner’s designee.
- A serious physical injury or wrongful death at or related to a vacation rental or short-term rental resulting from the knowing, intentional or reckless conduct of the vacation rental or short-term rental owner or owner’s designee.
- An owner or owner’s designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses or prostitution, or operating or maintaining a sober living home, in violation of a regulation or ordinance adopted pursuant to subsection B, paragraph 3 of this section.
- An owner or owner’s designee knowingly or intentionally allowing the use of a vacation rental or short-term rental for a special event that would otherwise require a permit or license pursuant to a city or town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.
- Notwithstanding paragraphs 1 and 2 of this subsection, any attempted or completed felony act, arising from the occupancy or use of a vacation rental or short-term rental, that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property’s use as a vacation rental or short-term rental for a period of time that shall not exceed twelve months.
- A city or town that requires sex offender background checks on a vacation rental or short-term rental guest shall waive the requirement if an online lodging marketplace performs a sex offender background check of the booking guest.
- Notwithstanding any other law, a city or town may impose a civil penalty of the following amounts against an owner of a vacation rental or short-term rental if the owner receives one or more verified violations related to the same vacation rental or short-term rental property within the same twelve-month period:
- Up to $500 or up to an amount equal to one night’s rent for the vacation rental or short-term rental as advertised, whichever is greater, for the first verified violation.
- Up to $1,000 or up to an amount equal to two nights’ rent for the vacation rental or short-term rental as advertised, whichever is greater, for the second verified violation.
- Up to $3,500 or up to an amount equal to three nights’ rent for the vacation rental or short-term rental as advertised, whichever is greater, for a third and any subsequent verified violation.
- A vacation rental or short-term rental that fails to apply for a local regulatory permit or license in accordance with subsection B, paragraph 5 of this section, within thirty days of the local regulatory permit or license application process being made available by the city or town issuing such permits or licenses, must cease operations. In addition to any fines imposed pursuant to subsection F of this section, a city or town may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to apply for a regulatory permit or license within thirty days after receiving written notice of the failure to comply with subsection B, paragraph 5 of this section.
- If multiple verified violations arise out of the same response to an incident at a vacation rental or short-term rental, those verified violations are considered one verified violation for the purpose of assessing civil penalties or suspending the regulatory permit or license of the owner or owner’s designee pursuant to this section.
- If the owner of a vacation rental or short-term rental has provided contact information to a city or town pursuant to subsection B, paragraph 4 of this section and if the city or town issues a citation for a violation of the city’s or town’s applicable laws, regulations or ordinances or a state law that occurred on the owner’s vacation rental or short-term rental property, the city or town shall make a reasonable attempt to notify the owner or the owner’s designee of the citation within seven business days after the citation is issued using the contact information provided pursuant to subsection B, paragraph 4 of this section. If the owner of a vacation rental or short-term rental has not provided contact information pursuant to subsection B, paragraph 4 of this section, the city or town is not required to provide such notice.
- This section does not exempt an owner of a residential rental property, as defined in section 33-1901, from maintaining with the assessor of the county in which the property is located information required under title 33, chapter 17, article 1.
- A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a city or town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use.
- For the purposes of this section:
- “Online lodging marketplace” has the same meaning prescribed in section 42-5076.
- “Transient” has the same meaning prescribed in section 42-5070.
- “Vacation rental” or “short-term rental”:
- Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42-12001.
- Does not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.
- “Verified violation” means a finding of guilt or civil responsibility for violating any state law or local ordinance relating to a purpose prescribed in subsection B or K of this section that has been finally adjudicated.
Requirement of planned community prohibited
- The planning agency of a municipality in exercising its authority pursuant to this title shall not require as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish an association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.
- A municipality may require a subdivider or developer to establish an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A municipality shall not require that an association be formed or operated other than for the maintenance of common areas or community owned property. This subsection applies only to planned communities that are established in plats recorded after the effective date of this section.
- This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an association from requesting and entering into a maintenance agreement with a municipality.