S.B. 49

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Senate Committee Amendments 1-23-2002 rd/sca 1

UTAH EXEMPTION ACT AMENDMENTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Gladwell
5 This act modifies the Utah Exemptions Act to provide that the allowance for an exempt
6 vehicle is not limited to a vehicle used for business or professional purposes.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 78-23-8, as last amended by Chapter 138, Laws of Utah 1997
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-23-8 is amended to read:
12 78-23-8. Value of exempt property -- Exemption of implements, professional books,
13 tools, and motor vehicle.
14 (1) An individual is entitled to exemption of the following property up to an aggregate
15 value of items in each subsection of $500:
16 (a) sofas, chairs, and related furnishings reasonably necessary for one household;
17 (b) dining and kitchen tables and chairs reasonably necessary for one household;
18 (c) animals, books, and musical instruments, if reasonably held for the personal use of the
19 individual or his dependents; and
20 (d) heirlooms or other items of particular sentimental value to the individual.
21 (2) An individual is entitled to an exemption, not exceeding $3,500 in aggregate value, of
22 implements, professional books, or tools of his trade.
23 (3) S (a) AS USED IN THIS SUBSECTION (3), "MOTOR VEHICLE" DOES NOT INCLUDE ANY
23a MOTOR VEHICLE DESIGNED FOR OR USED PRIMARILY FOR RECREATIONAL PURPOSES, SUCH AS:
23b (i) AN OFF-HIGHWAY VEHICLE AS DEFINED IN SECTION 41-22-2, EXCEPT A MOTORCYCLE
23c THE INDIVIDUAL REGULARLY USES FOR DAILY TRANSPORTATION; OR
23d (ii) A RECREATIONAL VEHICLE AS DEFINED IN SECTION 13-14-102, EXCEPT A VAN THE
23e INDIVIDUAL REGULARLY USES FOR DAILY TRANSPORTATION.
23f (b ) s An individual is entitled to an exemption, not exceeding $2,500 in value, of one motor
24 vehicle [where such motor vehicle is used for the claimant's business or profession. Business or

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Senate Committee Amendments 1-23-2002 rd/sca 25

professional use of a motor vehicle does not include transportation to and from a claimant's place
26 of work or business].
27 (4) This section does not affect property exempt under Section 78-23-5 .

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Legislative Review Note
as of 11-16-01 10:51 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel