FREE CONFERENCE COMMITTEE AMENDMENTS TO S.B. 1266
(Reference to House engrossed Senate bill)
Page 3, after line 41, insert:
“Sec. 2. Section 9-499.01, Arizona Revised Statutes, is amended to read:
START_STATUTE9-499.01. Powers of charter and general law cities
Charter cities and general law cities, whether incorporated as cities pursuant to section 9‑101 or having assumed a city organization pursuant to section 9‑271, shall be vested with all the powers of incorporated towns as set forth in this title 9 , in addition to all powers vested in them pursuant to their respective charters, or other provisions of law relating to cities and towns.”
Renumber to conform
Page 6, between lines 27 and 28, insert:
“Sec. 4. Section 11-269.02, Arizona Revised Statutes, is amended to read:
START_STATUTE11-269.02. Public facilities; voter approval; exemptions
A. Notwithstanding any other law, a county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census shall not spend public monies, grant tax concessions or relief, incur debt or exchange property in any combined amount or value totaling more than three million dollars to construct or aid in the construction of an amphitheater, a sports facility, arena or complex or a convention facility, arena or complex without presenting the proposed expenditure to the qualified electors of the county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census and approval of the expenditure by a majority of those voting in the election. If revenue from a secondary property tax levy is the designated source of payment or if the project is constructed with an improvement district, the question shall be submitted to the qualified electors at an election held on the first Tuesday following the first Monday in November.
B. This section does not apply to an expenditure for a park, parkway, trail, recreational area or playground that is established, maintained or administered by a county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census and that was not developed primarily for the commercial use of a private enterprise or collection group of private enterprises. END_STATUTE
Sec. 5. Section 11-1133, Arizona Revised Statutes, as amended by Laws 2013, chapter 50, section 1, is amended to read:
START_STATUTE11-1133. Affidavit of legal value
A. Each deed evidencing a transfer of title and any contract relating to the sale of real property shall have appended at the time of recording an affidavit of the seller and the buyer to the transaction, or the agent of either the seller or buyer, or both, in a form approved by the department of revenue, who shall declare and jointly certify the following information:
1. The name and address of the buyer and seller.
2. The name and address where a tax statement may be sent.
3. The complete legal description of the property.
4. The situs address, if any, of the property.
5. The date of sale.
6. The total consideration paid for the property, the amount of cash down payment and whether or not the type of financing included cash, a new third party loan, a new loan from the seller, an assumption of an existing loan or an exchange or trade of property.
7. Whether or not the estimated market value of personal property received by the buyer equals five per cent or more of the total consideration.
8. The assessor's parcel number or numbers assigned to the real property by the county assessor or, in the case of a new parcel or parcels not yet assigned a parcel number, the parcel number or numbers of the previous parcel or parcels from which the new parcel or parcels are created.
9. The conditions of the transaction including the relationship, if any, of the parties.
10. The use and description of the property and, in the case of a residential dwelling, whether the property is to be owner‑occupied or rented.
11. The name and address of the person to contact regarding information contained on the affidavit.
B. If a beneficiary of a foreclosed trustee's deed receives payment based on private mortgage insurance covering the sale that is in addition to the proceeds of the sale, the beneficiary shall submit, in a form approved by the department of revenue, to the county recorder in the county where the property is located within four months after the date of the trustee's sale a beneficiary's declaration of additional funds received that contains the following:
1. The county assessor's parcel number or numbers assigned as of the date of the trustee's sale.
2. The name and address of the beneficiary submitting the declaration.
3. The date of the trustee's sale.
4. The highest bid amount received by the trustee at the trustee's sale.
5. The recording number of the trustee's deed upon on sale.
6. The amount of any additional compensation received by the beneficiary within six three months after the date of the trustee's sale.
C. The county recorder shall refuse to record any deed and any contract relating to the sale of real property if a complete affidavit of legal value is not appended unless the instrument bears a notation indicating an exemption pursuant to section 11‑1134.
D. An affidavit is complete for purposes of this section if all of the required information is stated on the affidavit form or is indicated on the
form as "not applicable".END_STATUTE”
Renumber to conform
Amend title to conform