Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 153 (2018GS)

Sponsor

Rep. Stratton, K.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• addresses the value of a homestead exemption; and
• makes technical changes.

Every vote on this bill

Bill text

HOMESTEAD EXEMPTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions related to homestead exemptions.
Highlighted Provisions:
This bill:
▸ addresses the value of a homestead exemption; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-5-503
, as last amended by Laws of Utah 2013, Chapter 192
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-5-503
 is amended to read:
78B-5-503.
Homestead exemption -- Definitions -- Excepted obligations -- Water
rights and interests -- Conveyance -- Sale and disposition -- Property right for federal tax
purposes.
(1) For purposes of this section:
(a) "Household" means a group of persons related by blood or marriage living together
in the same dwelling as an economic unit, sharing furnishings, facilities, accommodations, and
expenses.
(b) "Mobile home" [
is as
] 
means the same as that term is
 defined in Section 
57-16-3
.
(c) "Primary personal residence" means a dwelling or mobile home, and the land
surrounding it, not exceeding one acre, as is reasonably necessary for the use of the dwelling or
mobile home, in which the individual and the individual's household reside.
(d) "Property" means:
(i) a primary personal residence;
(ii) real property; or
(iii) an equitable interest in real property awarded to a person in a divorce decree by a
court.
(2) (a) An individual is entitled to a homestead exemption consisting of property in this
state in an amount not exceeding:
(i) $5,000 in value if the property consists in whole or in part of property [
which
] 
that
 is
not the primary personal residence of the individual; or
(ii) [
$30,000
] 
$200,000
 in value if the property claimed is
 the primary personal
residence of the individual.
(b) If the property claimed as exempt is jointly owned, each joint owner is entitled to a
homestead exemption[
; however(i)
]
, except that:
(i)
 for property exempt under Subsection (2)(a)(i), the maximum exemption may not
exceed $10,000 per household; or
(ii) for property exempt under Subsection (2)(a)(ii), the maximum exemption may not
exceed [
$60,000
] 
$300,000
 per household.
(c) A person may claim a homestead exemption in either or both of the following:
(i) one or more parcels of real property together with appurtenances and improvements;
or
(ii) a mobile home in which the claimant resides.
(d) A person may not claim a homestead exemption for property that the person
acquired as a result of criminal activity.
(3) A homestead is exempt from judicial lien and from levy, execution, or forced sale
except for:
(a) statutory liens for property taxes and assessments on the property;
(b) security interests in the property and judicial liens for debts created for the purchase
price of the property;
(c) judicial liens obtained on debts created by failure to provide support or maintenance
for dependent children; and
(d) consensual liens obtained on debts created by mutual contract.
(4) (a) Except as provided in Subsection (4)(b), water rights and interests, either in the
form of corporate stock or otherwise, owned by the homestead claimant are exempt from
execution to the extent that those rights and interests are necessarily employed in supplying
water to the homestead for domestic and irrigating purposes.
(b) Those water rights and interests are not exempt from calls or assessments and sale
by the corporations issuing the stock.
(5) (a) When a homestead is conveyed by the owner of the property, the conveyance
may not subject the property to any lien to which [
it
] 
the property
 would not be subject in the
hands of the owner.
(b) The proceeds of any sale, to the amount of the exemption existing at the time of
sale, is exempt from levy, execution, or other process for one year after the receipt of the
proceeds by the person entitled to the exemption.
(6) The sale and disposition of one homestead does not prevent the selection or
purchase of another.
(7) For purposes of any claim or action for taxes brought by the United States Internal
Revenue Service, a homestead exemption claimed on real property in this state is considered to
be a property right.
Legislative Review Note
Office of Legislative Research and General Counsel