Bill Text: AZ HB2732 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Property; recorded documents; notice
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-14 - House read second time [HB2732 Detail]
Download: Arizona-2019-HB2732-Introduced.html
|
REFERENCE TITLE: property; recorded documents; notice |
|
State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
|
|
HB 2732 |
|
|
|
Introduced by Representative Campbell
|
AN ACT
amending sections 11-461, 11-475 and 11-480, Arizona Revised Statutes; relating to county recorders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-461, Arizona Revised Statutes, is amended to read:
11-461. Recording instruments; keeping records; identification; location; social security numbers; definition
A. The recorder shall have custody of and shall keep all records, maps and papers deposited in the recorder's office.
B. The recorder shall record separately, in typewriting, in a legible hand or by use of photostatic or photographic machines or by a system of microphotography, all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11‑480.
C. The recorder may accept a digitized image of a recordable instrument for recording if it is submitted by a title insurer or title insurance agent as defined in section 20‑1562, by a state chartered or federally chartered bank insured by the federal deposit insurance corporation, by an active member of the state bar of Arizona, by an agency, branch or instrumentality of the federal government, by a trusted submitter or by a governmental entity and the instrument from which the digitized image is taken conforms to all applicable laws relating to the recording of paper instruments.
D. Instruments shall be recorded consecutively as of the time they are received. The recorder shall affix to each instrument, either by hand or in a digitized form, a notation or notations sufficient to provide:
1. A record identification to uniquely identify each instrument and to fix its position within the sequence of recordings.
2. A record location to enable each instrument to be retrieved for purposes of inspection.
E. Instruments may be recorded in docket books, in separate record books or in suitable containers, if the location of each instrument can be determined from notations both on the instrument and in the appropriate index. Reference to any recorded instrument may be made by the record location without further description.
F. Any reference to docket and page, or book and page, or similar indication means the record location as notated on each recorded instrument.
G. On or before January 1, 2009, The recorder in a county with a population of more than eight hundred thousand persons, shall redact references to complete nine digit social security numbers that are available on the recorder's website. Social security numbers may be retained on instruments that are not available on a website. The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection.
H. The recorder in a county with a population of less than eight hundred thousand persons shall redact references to complete nine digit social security numbers on instruments that are available on the recorder's website at the request of the holder of the social security number if the holder identifies the recorded instrument. The recorder shall also redact complete social security number references on all instruments recorded but not available on the website before the effective date of this amendment to this section, before making the instruments available on the website. Social Security numbers may be retained on instruments that are not available on the website. The recorder is not liable for any errors or cases of stolen identity resulting from redactions made pursuant to this subsection.
I. Notwithstanding the limitations of section 11-475.01, county recorders may use monies in the document storage and retrieval conversion and maintenance fund to accomplish the requirements of subsections G and H of this section.
J. beginning with documents recorded from and after December 31, 2019:
1. the recorder shall require each person who records a document to present that person's identification that includes a photograph BEFORE recording the document and shall maintain a RECORD of the identification.
2. The RECORDER shall notify by mail the owner of any parcel of real property that is affected by any instrument recorded. In cooperation with the county assessor, The recorder shall use county assessor's parcel information to mail that notice to the owner of the property.
J. K. For the purposes of this section, "a trusted submitter" means a person or entity that has entered into a memorandum of understanding regarding digitized recording with the county recorder in the county in which the digitized recording is to be submitted.
Sec. 2. Section 11-475, Arizona Revised Statutes, is amended to read:
11-475. Fees; exemption
A. The county recorder shall receive the following fees:
1. For recording papers required or authorized by law to be recorded, if the fee is not otherwise specified in this section, thirty dollars $30 per instrument.
2. For recording papers to which the United States, this state or a political subdivision of this state, including cities, towns and irrigation, drainage and electrical districts, is a party, when recorded at the request of the United States, this state or the political subdivision, fifteen dollars $15 per instrument.
3. For preparing and certifying copies of a record in the recorder's office, one dollar $1 for each page or partial page. In addition for attaching the recorder's certificate and seal, three dollars $3.
4. For issuing a certificate pursuant to section 47‑9523, ten dollars $10 for each name, plus one dollar $1 for each financing statement or statement of assignment reported therein.
5. For providing notice to the owner of record of any recorded DOCUMENTS that affect the OWNER'S property, $5 per instrument.
B. The fees provided in subsection A, paragraphs 1 and 2 of this section include the amount charged pursuant to section 11‑475.01.
C. Notwithstanding subsection A, paragraph 3 of this section, the recorder shall prepare and furnish copies and certifications at one‑half of the established fee when requested by any state agency for official purposes.
D. The county recorder shall not receive a fee for performing the duties prescribed by this section for an office, agency or department of the county where the document is to be recorded. This exemption shall apply only when the fees would otherwise be paid from public monies.
Sec. 3. Section 11-480, Arizona Revised Statutes, is amended to read:
11-480. Requirements for form of instruments
A. Only an instrument which upon that on presentation to a county recorder for recordation fails to meet any of the following conditions may be rejected for recordation at the time of presentation for recordation:
1. Each instrument shall have a caption briefly stating the nature of the instrument, such as warranty deed, release of mortgage and like captions. The county recorder shall have no does not have an obligation to index any instrument under any subject index category maintained by the county recorder unless that category is included in the caption to the instrument.
2. Each instrument shall be an original or a copy of the original and shall be sufficiently legible for the recorder to make certified copies from the photographic or micrographic record.
3. Each instrument shall have original signatures except when otherwise provided by law.
4. Each instrument dated and executed on or after January 1, 1991, shall not be no larger than eight and one‑half inches in width and no or longer than fourteen inches and shall not have a print size no smaller than ten point type.
5. beginning with documents recorded from and after December 31, 2019, each INSTRUMENT that affects an interest in real property shall contain a listing of the county assessor's parcel numbers for the affected real property.
B. Each instrument dated and executed on or after January 1, 1991, shall have at least a one‑half inch margin across the top, bottom and the left and right sides from the top to the bottom. Any markings, entries or text which that are within the one‑half inch margin shall be deemed not to impart the notice otherwise imparted by recordation unless such markings, entries or text appear in the reproduction produced under the direction and control of the county recorder. Failure to meet the one‑half inch margin requirement of this subsection may affect notice imparted by the document but shall not constitute is not grounds for rejection for recordation pursuant to subsection A.
C. The first page shall have a top margin of at least two inches which shall be reserved for recording information. The left three and one‑half inches of the top margin of the first page or sheet may be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. If the first page of the instrument does not comply with the top margin requirements, a separate sheet that meets the requirements and that reflects the title of the document as required by subsection A, paragraph 1 shall be attached to the front of the document by the party requesting recording.
D. Any instrument presented to a county recorder for recordation which that modifies in any way the provisions of a previously recorded document must state the date of recordation and the docket and page of the document being modified.
E. Any instrument accepted for recordation is not subject to a later claim of invalidity for failure to comply with the requirements of this section.
