SB1501 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-409, Arizona Revised Statutes, is amended to read:

START_STATUTE11-409. Deputies and employees; appointment

The county officers enumerated in section 11-401 may, by and with the consent of, and at salaries fixed by the board, may appoint deputies, stenographers, clerks and assistants necessary to conduct the affairs of their respective offices. The appointments shall be in writing, and filed in the office of the county recorder. END_STATUTE

Sec. 2. Repeal

Section 11-472, Arizona Revised Statutes, is repealed.

Sec. 3. Section 11-586, Arizona Revised Statutes, is amended to read:

START_STATUTE11-586. Provision for deputies, assistants and employees

A. The public defender may, with the consent and at salaries fixed by the board of supervisors, may appoint those full-time and part-time deputies, and hire stenographers and assistants necessary to conduct the affairs of their respective offices. The appointments shall be in writing, and filed in the office of the county recorder.

B. Deputies shall hold office at the pleasure of the officer appointing them and the board of supervisors.

C. Wherever possible, part-time deputies shall be appointed at minimal salaries to supplement the regular staff of the office of the public defender. When these deputies are appointed, the public defender shall make every effort, which does not interfere with the faithful performance of his duties, to acquaint them fully with all phases of the activities of his office. END_STATUTE

Sec. 4. Section 12-283, Arizona Revised Statutes, is amended to read:

START_STATUTE12-283. Powers and duties

A. The clerk, in addition to the other duties prescribed by law or rule of court, shall:

1. Attend each session of the court held in the county.

2. Keep a list of fees charged in actions.

3. Keep books of record required by law or rule of court.

B. The clerk may provide a consumer reporting agency as defined in section 44‑1691 with a copy of:

1. A court order obligating a person to pay child support or spousal maintenance.

2. An order for assignment under section 25‑323 or 25‑504.

C. A clerk who provides the information in subsection B of this section to a consumer reporting agency shall also provide the information to the child support enforcement administration in the department of economic security.

D. The clerk, in accordance with procedures established by the board of supervisors, may appoint deputies, clerks and assistants necessary to conduct the affairs of the office of the clerk. The appointments shall be in writing and shall be filed in the office of the county recorder. The clerk shall be the appointing authority and shall administer and supervise all employees of the clerk's office.

E. The clerk shall submit an annual budget request, which shall be coordinated with the presiding judge, to the county board of supervisors. The clerk shall be responsible for the funds appropriated by the board to the clerk.

F. The clerk shall maintain and provide access to court records in accordance with applicable law or rule of court. The clerk shall keep a docket in the form and style as prescribed by the supreme court.

G. The clerk is responsible for the operations of the clerk's office.

H. The clerk may provide programs to assist in the enforcement of child support, spousal maintenance and parenting time and in the establishment and modification of child support.

I. From and after Beginning December 31, 2007, a clerk in a county with a population of two million persons or more shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law. At a minimum, the information shall be arranged or searchable by the case name, the case number and the name of the judge or commissioner.

J. Beginning on January 1, 2010, the clerk in a county with a population of less than two million persons shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law. At a minimum, the information shall be arranged or searchable by the case name, the case number and the name of the judge or commissioner. END_STATUTE

Sec. 5. Section 14-5601, Arizona Revised Statutes, is amended to read:

START_STATUTE14-5601. Establishment of office of public fiduciary; appointments; costs

A. Each county board of supervisors, by resolution or ordinance, shall establish the office of and appoint a public fiduciary. The supreme court shall certify each public fiduciary pursuant to section 14‑5651.

B. The public fiduciary, with the consent of and at salaries fixed by the board of supervisors, may appoint assistants, deputies, stenographers, clerks and other employees as necessary to conduct the affairs of the office. The appointments shall be in writing and filed in the office of the county recorder. Assistants and deputies hold office at the pleasure of the public fiduciary and the board of supervisors.

C. Costs incurred in conducting the office of public fiduciary shall be a charge against the county. END_STATUTE

Sec. 6. Section 22-131, Arizona Revised Statutes, is amended to read:

START_STATUTE22-131. Constables; powers and duties

A. Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace of the county or by competent authority. In addition to any other provision of law these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt.

B. Constables shall attend the training prescribed in section 22‑137.

C. Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41‑1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices. The appointments shall be in writing and filed in the office of the county recorder.

D. The provisions of law relating to sheriffs, as far as applicable, shall govern the powers, duties and liabilities of constables.

E. A constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the constable's official duties.

F. A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed. END_STATUTE

Sec. 7. Section 47-9528, Arizona Revised Statutes, is amended to read:

START_STATUTE47-9528. Nonconsensual lien

A. A nonconsensual lien, other than a lien filed by a governmental entity or political subdivision or agency, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property, is not valid shall not be recorded unless the lien is accompanied by an order or judgment from a court of competent jurisdiction authorizing the filing of the lien and does not have the force or effect of law.

B. If a nonconsensual lien is accepted for filing as described in subsection A, the recording officer shall accept for filing a notice of invalid lien that is signed and submitted by the attorney general or county attorney. The attorney general or county attorney shall mail a copy of the notice of invalid lien to the person who is designated as creditor and to the person who filed the nonconsensual lien at the address of each as stated on the filed document. The purported lien is conclusively presumed to be invalid on the filing of the invalid lien.

C. The secretary of state, a recording officer or a county is not liable for accepting a nonconsensual lien for filing pursuant to subsection A or a notice of invalid lien pursuant to subsection B.END_STATUTE