PREFILED JAN 08 2024
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REFERENCE TITLE: county recorders; recorded instruments |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2167 |
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Introduced by Representative Dunn
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An Act
amending section 11-461, 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 may 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 may record any other instrument offered for recording provided if the instruments meet the requirements of section 11-468, 11-480, 33-421 or 47-9528, as applicable.
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, September 19, 2007 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, September 19, 2007 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. 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.