Bill Summary – FastDemocracy

LB631                                                                     LB631
                                                                     2021
                              LEGISLATURE OF NEBRASKA
                          ONE HUNDRED SEVENTH LEGISLATURE
                                   FIRST SESSION
                        LEGISLATIVE BILL 631
        Introduced by Bostar, 29; Morfeld, 46.
        Read first time January 20, 2021
        Committee: Government, Military and Veterans Affairs
    A BILL FOR AN ACT relating to rental property; to define a term; to
        prohibit a county from prohibiting the use of property as a short-
        term rental as prescribed; and to provide a duty for the Revisor of
        Statutes.
    Be it enacted by the people of the State of Nebraska,
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LB631                                                                              LB631
                                                                              2021
        Section 1.      (1) For purposes of this section, short-term rental
   means a residential property, including a single-family dwelling or a
   unit in a condominium, cooperative, or time-share, that is rented wholly
   or partly for a fee for a period not longer than thirty consecutive days.
        (2) A county shall not adopt or enforce an ordinance, resolution, or
    other regulation that expressly or effectively prohibits the use of a
    property as a short-term rental.
       (3) A county may adopt or enforce an ordinance, resolution, or other
    regulation that specifically regulates property used as a short-term
    rental only if the county demonstrates that the primary purpose of the
    ordinance, resolution, or other regulation is to protect the public's
    health and safety.   An ordinance,   resolution,   or other regulation
    authorized by this subsection includes:
        (a) Requirements addressing:
        (i) Fire and building codes;
        (ii) Health and sanitation;
        (iii) Traffic control; and
        (iv) Solid or hazardous waste and pollution control; and
       (b) Requirements regarding the designation of an emergency contact
   for the property.
        (4) A county may adopt or enforce an ordinance, resolution, or other
    regulation that imposes a sales tax or an occupation tax on short-term
    rentals if the tax is otherwise permitted by applicable law.
       (5) A county may adopt or enforce an ordinance, resolution, or other
   regulation that limits or prohibits the use of a short-term rental only
    if the law limits or prohibits the use of a short-term rental for the
    purpose of:
        (a) Housing sex offenders;
        (b) Operating a structured sober living home or similar enterprise;
        (c) Selling illegal drugs;
        (d) Selling alcohol or another activity that requires a permit or
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LB631                                                                                   LB631
                                                                                   2021
    license under the Nebraska Liquor Control Act; or
         (e) Operating a sexually oriented business.
        (6)   A   county shall apply an   ordinance,   resolution,   or other
    regulation regulating land use to a short-term rental in the same manner
    as another similar property.       An ordinance,   resolution,   or other
    regulation described by this subsection includes:
         (a) Residential use and other zoning matters;
         (b) Noise and other nuisances; and
         (c) Property maintenance.
         (7) This section shall not be construed to affect regulations of a
    private entity, including a homeowners association organized under the
    Condominium Property Act or the Nebraska Condominium Act.
         Sec. 2.     The Revisor of Statutes shall assign section 1 of this act
    to Chapter 23.
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