§ 35A-8-1102. Definitions.

     As used in this part:

(1) "Account" means the Methamphetamine Housing Reconstruction and Rehabilitation Account created in Section 35A-8-1103.

(2) "Contaminated by methamphetamine" means that a residence is:

(a) polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health under Section 26-51-201; and

(b) placed on a contamination list by a local health department in accordance with Section 19-6-903.

(3) "Qualified housing organization" means an affiliate located in this state of an organization if that organization:

(a) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;

(b) operates on a worldwide basis;

(c) has the primary purposes of:

(i) constructing, reconstructing, and rehabilitating residences that are:

(A) sold to low-income persons selected by the organization in accordance with any rules the division makes as authorized by Section 35A-8-1103; and

(B) financed with loans that are not subject to interest as determined by the organization in accordance with any rules the division makes as authorized by Section 35A-8-1103; and

(ii) purchasing property upon which residences described in Subsection (3)(c)(i) are constructed, reconstructed, or rehabilitated;

(d) expends a portion of the repayment on the loans described in Subsection (3)(c)(i)(B) to finance:

(i) the construction, reconstruction, and rehabilitation of residences described in Subsection (3)(c)(i); and

(ii) the purchase of property upon which residences described in Subsection (3)(c)(i) are constructed, reconstructed, or rehabilitated; and

(e) has built more than 250,000 residences in total.

(4)

(a) "Residence" means a single-family residence.

(b) "Residence" includes:

(i) a condominium;

(ii) a garage;

(iii) real property appurtenant to a residence:

(A) as determined by the division in accordance with any rules the division makes as authorized by Section 35A-8-1103; and

(B) if that real property is contaminated by methamphetamine;

(iv) a shed; or

(v) a town home.

(c) "Residence" does not include:

(i) an apartment or other rental unit as determined by the division in accordance with any rules the division makes as authorized by Section 35A-8-1103; or

(ii) an outbuilding except for a garage or shed.

Renumbered and Amended by Chapter 212, 2012 General Session