Arizona 2022 Regular Session

Arizona House Bill HB2351 Compare Versions

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1-Senate Engrossed House Bill Arizona board of regents; continuation (now: homestead exemptions; increase) State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HOUSE BILL 2351 An Act amending section 33-1101, Arizona Revised Statutes; relating to homestead exemptions. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+House Engrossed Arizona board of regents; continuation State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HOUSE BILL 2351 An Act repealing section 41-3022.12, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3025.07; relating to the Arizona board of regents. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9-Senate Engrossed House Bill Arizona board of regents; continuation (now: homestead exemptions; increase)
9+House Engrossed Arizona board of regents; continuation
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55-amending section 33-1101, Arizona Revised Statutes; relating to homestead exemptions.
55+repealing section 41-3022.12, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3025.07; relating to the Arizona board of regents.
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65- Be it enacted by the Legislature of the State of Arizona: Section 1. Section 33-1101, Arizona Revised Statutes, is amended to read: START_STATUTE33-1101. Homestead exemptions; persons entitled to hold homesteads; equity A. Any person who is at least eighteen years of age or over, married or single, and who resides within this state may hold as a homestead exempt from execution and forced sale, not exceeding $250,000 $450,000 in value, any one of the following: 1. The person's interest in real property in one compact body on which exists a dwelling house in which the person resides. 2. The person's interest in one condominium or cooperative in which the person resides. 3. A mobile home in which the person resides. 4. A mobile home in which the person resides plus the land on which that mobile home is located. B. Only one homestead exemption may be held by a married couple or a single person under this section. The value as specified in this section refers to the equity of a single person or married couple. If a married couple lived together in a dwelling house, a condominium or cooperative, a mobile home or a mobile home plus land on which the mobile home is located and are then divorced, the total exemption that is allowed for that residence to either or both persons shall not exceed $250,000 $450,000 in value. C. The homestead exemption, not exceeding the value provided for in subsection A of this section, automatically attaches to the person's interest in identifiable cash proceeds from the voluntary or involuntary sale of the property. The homestead exemption in identifiable cash proceeds continues for eighteen months after the date of the sale of the property or until the person establishes a new homestead with the proceeds, whichever period is shorter. The homestead exemption does not attach to the person's interest in identifiable cash proceeds from refinancing the homestead property. Only one homestead exemption at a time may be held by a person under this section. D. For purposes of determining the amount of equity in a homestead property that is sold or for determining whether the property owner is receiving cash back from refinancing the homestead property, the parties may rely on the valuation of the property in the final closing document disclosure that is used for that transaction. END_STATUTE Sec. 2. Applicability The increase in the amount of the homestead exemption prescribed by section 33-1101, Arizona Revised Statutes, as amended by this act, applies on the effective date of this act: 1. To any recorded and otherwise valid claim of homestead, whether recorded before or after the effective date of this act, against any creditor who attempts to enforce a judgment or lien on or after the effective date of this act. 2. To any homestead exemption that is claimed by operation of law pursuant to section 33-1102, Arizona Revised Statutes, against any creditor who attempts to enforce a judgment or lien on or after the effective date of this act.
65+ Be it enacted by the Legislature of the State of Arizona: Section 1. Repeal Section 41-3022.12, Arizona Revised Statutes, is repealed. Sec. 2. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3025.07, to read: START_STATUTE41-3025.07. Arizona board of regents; termination July 1, 2025 Subject to approval by the voters of a constitutional amendment repealing the authority for the board pursuant to article XI, section 5, Constitution of Arizona: 1. The Arizona board of regents terminates on July 1, 2025. 2. Title 15, chapter 13, article 2 and this section are repealed on January 1, 2026. END_STATUTE Sec. 3. Purpose Pursuant to section 412955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona board of regents to adopt, prescribe and regulate administrative and financial policies applicable to universities in this state, to adopt regulations, rules and measures for the universities of this state and to supervise the operation of universities in this state. Sec. 4. Retroactivity Sections 1 and 2 of this act are effective retroactively to July 1, 2022.
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6767 Be it enacted by the Legislature of the State of Arizona:
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69-Section 1. Section 33-1101, Arizona Revised Statutes, is amended to read:
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71-START_STATUTE33-1101. Homestead exemptions; persons entitled to hold homesteads; equity
71+Section 41-3022.12, Arizona Revised Statutes, is repealed.
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73-A. Any person who is at least eighteen years of age or over, married or single, and who resides within this state may hold as a homestead exempt from execution and forced sale, not exceeding $250,000 $450,000 in value, any one of the following:
73+Sec. 2. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3025.07, to read:
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75-1. The person's interest in real property in one compact body on which exists a dwelling house in which the person resides.
75+START_STATUTE41-3025.07. Arizona board of regents; termination July 1, 2025
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77-2. The person's interest in one condominium or cooperative in which the person resides.
77+Subject to approval by the voters of a constitutional amendment repealing the authority for the board pursuant to article XI, section 5, Constitution of Arizona:
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79-3. A mobile home in which the person resides.
79+1. The Arizona board of regents terminates on July 1, 2025.
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81-4. A mobile home in which the person resides plus the land on which that mobile home is located.
81+2. Title 15, chapter 13, article 2 and this section are repealed on January 1, 2026. END_STATUTE
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83-B. Only one homestead exemption may be held by a married couple or a single person under this section. The value as specified in this section refers to the equity of a single person or married couple. If a married couple lived together in a dwelling house, a condominium or cooperative, a mobile home or a mobile home plus land on which the mobile home is located and are then divorced, the total exemption that is allowed for that residence to either or both persons shall not exceed $250,000 $450,000 in value.
83+Sec. 3. Purpose
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85-C. The homestead exemption, not exceeding the value provided for in subsection A of this section, automatically attaches to the person's interest in identifiable cash proceeds from the voluntary or involuntary sale of the property. The homestead exemption in identifiable cash proceeds continues for eighteen months after the date of the sale of the property or until the person establishes a new homestead with the proceeds, whichever period is shorter. The homestead exemption does not attach to the person's interest in identifiable cash proceeds from refinancing the homestead property. Only one homestead exemption at a time may be held by a person under this section.
85+Pursuant to section 412955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona board of regents to adopt, prescribe and regulate administrative and financial policies applicable to universities in this state, to adopt regulations, rules and measures for the universities of this state and to supervise the operation of universities in this state.
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87-D. For purposes of determining the amount of equity in a homestead property that is sold or for determining whether the property owner is receiving cash back from refinancing the homestead property, the parties may rely on the valuation of the property in the final closing document disclosure that is used for that transaction. END_STATUTE
87+Sec. 4. Retroactivity
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91-The increase in the amount of the homestead exemption prescribed by section 33-1101, Arizona Revised Statutes, as amended by this act, applies on the effective date of this act:
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93-1. To any recorded and otherwise valid claim of homestead, whether recorded before or after the effective date of this act, against any creditor who attempts to enforce a judgment or lien on or after the effective date of this act.
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95-2. To any homestead exemption that is claimed by operation of law pursuant to section 33-1102, Arizona Revised Statutes, against any creditor who attempts to enforce a judgment or lien on or after the effective date of this act.
89+Sections 1 and 2 of this act are effective retroactively to July 1, 2022.