 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
recorded documents; property; notification
Purpose
Requires the county recorder (recorder), by January 1, 2025, to provide a system for notifying a person or entity when any document is recorded in which the person or entity is a named party to the instrument and specifies that opting into the system is voluntary for the person or entity.
Background
The recorder is required to have custody and keep all records, maps and papers deposited in the recorder's office. The recorder must record all instruments consecutively at the time they are received and must 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; and 2) a record location to enable each instrument to be retrieved for purposes of inspection (A.R.S. § 11-461).
All books of record and indices in the recorder's office and all instruments and papers on file must be open for inspection during office hours by any person and may be inspected without charge. The recorder must arrange the books of record and indices, or copies of the books and indices, in suitable places to facilitate the inspection (A.R.S. § 11-473).
The Joint Legislative Budget Committee (JLBC) fiscal note indicates that there may be a fiscal impact to counties if they do not currently have the technological or personnel capacity to meet the requirements in S.B. 1110. Maricopa County reported that it is in the process of implementing a notification system and is spending $50,000 in one-time start-up costs and $20,000 in ongoing expenditures for a similar notification system (JLBC fiscal note).
Provisions
1. Requires the Recorder, by January 1, 2025, to provide a system for notifying a person or entity when any document is recorded in which the person or entity is named party to the instrument.
2. Specifies that the system is voluntary for the person or entity.
3. Requires the notice to be provided promptly by email, text message or other similar means.
4. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Requires the recorder to provide a system for notifying a person or entity, rather than a property owner, when any document is recorded in which the person or entity is a named party to the instrument.
2. Extends, from January 1, 2024, to January 1, 2025, the date by which the recorder must provide a system for notifying a person or entity when any document is recorded in which the person or entity is a named party to the instrument.
3. Makes technical and conforming changes.
Senate Action House Action
JUD 1/26/23 DP 6-1-0 GOV 3/22/23 DPA 9-0-0-0
3rd Read 3/1/23 19-9-2 3rd Read 4/5/23 58-0-2
Prepared by Senate Research
April 11, 2023
ZD/SB/sr