SB 1371 — delinquent property taxes; common areas

SB1371 - 531R - SH Ver       SenateHouse Engrossed Senate Bill       State of Arizona Senate Fifty-third Legislature First Regular Session     SENATE BILL 1371       AN ACT   Amending sectionsections 11-475, 11-479 and 42-17153, Arizona Revised Statutes;

relating to delinquentcounty propertygovernment tax.procedures.

Section 1.  Section 42-17153,11-475, Arizona Revised Statutes, is amended to read:

START_STATUTE11-475.  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, five dollars for the first five pages plus one dollar for each additional page.  In no case shall the charge for additional pages exceed two hundred fifty dollars.

2.  For recording papers to which the United States, this state or a political subdivision thereof, 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, three dollars for the first five pages, plus fifty cents for each additional page, such fee to apply only if the fee is to be paid from public monies.  Those fees due the county recorder from the state for recording papers may be paid on a monthly basis.

3.  For preparing and certifying copies of a record in the recorder's office, one dollar for each page or partial page.  In addition for attaching the recorder's certificate and seal, three dollars.

4.  For issuing a certificate pursuant to section 47‑9523, ten dollars for each name, plus one dollar for each financing statement or statement of assignment reported therein.

5.  Fifteen dollars for each deed that transfers, conveys or affects an interest in real property.

6.  Twenty‑five dollars for each deed of trust or mortgage.

7.  Ten dollars for each release of a deed of trust or mortgage.

B.  A person recording a deed of trust or mortgage for residential property constructed for at least one family but not more than four families shall include "residential 1‑4" in the caption heading on the first page of each document.  Failure to comply with this subsection does not affect the validity of the document or the validity of the recording of the document.

C.  The fees provided in subsection A, paragraphs 5, 6 and 7 of this section include the amount charged pursuant to subsection G of this section and section 11‑475.01.

D.  The standard fee shall be charged for the first indexing category indicated by the caption of any instrument.  Three dollars shall be charged for each additional indexing category on the same instrument.

E.  The standard fee shall be charged for the first assignment, partial assignment, release, partial release or other modification of any instrument.  Three dollars shall be charged for each additional transaction on the same instrument.

F.  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.

G.  One dollar shall be charged for each instrument if the recorder is required to deliver the instruments by mail.  The fee collected pursuant to this subsection shall be deposited into the county general fund.

H.  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 such fees would otherwise be paid from public monies.

I.  NOTWITHSTANDING ANY OTHER LAW, THE SECRETARY OF STATE SHALL NOT CHARGE A FEE FOR FILING REPORTS UNDER section 16-928 TO A COUNTY OFFICER IN CHARGE OF ELECTIONS.

END_STATUTE Sec. 2.  Section 11-479, Arizona Revised Statutes, is amended to read:

START_STATUTE11-479.  Destruction of records;

requirements;

exception A.  The county recorder may destroy, under sections 41‑151.09, 41‑151.11, 41‑151.12, 41‑151.13, 41‑151.14, 41‑151.15, 41‑151.16, 41‑151.17, 41‑151.18 and 41‑151.19, all of the filed papers or record books created by handwriting, by typing on printed forms, by typewriting by photostatic or photographic methods or by any electronic means in the recorder's official custody, except federal tax lien notices AND TAX LIEN NOTICES UNDER section 42-17153, if all of the following conditions exist:

1.  The record, paper or document is photographed or reproduced by any other method under the direction and control of the county recorder on electronic media or film of a type approved for permanent record by the Arizona state library, archives and public records.

2.  The device used to reproduce the record, paper or document on film or electronic media is one which accurately and legibly reproduces the original in all details.

3.  The photographs or other reproductions on film or electronic media are made as accessible for public reference as the book records were.

4.  A true copy of archival quality of such film or electronic media reproduction is kept in a safe and separate place for security purposes.

B.  No page of any record, paper or document shall be destroyed if any such page cannot be reproduced on film or electronic media with full legibility.  Every such unreproducible page shall be permanently preserved in a manner that will afford easy reference.

END_STATUTE Sec. 3.  Section 42-17153, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 2.  TitleSec. 4.  Title 42, chapter 18, article 3, Arizona Revised Statutes, is amended by adding section 42-18121.02, to read:

purchaser's recourse As provided by section 42-17153, subsection C, a tax that is levied against a residential common area that is described in and valued pursuant to chapter 13, article 9 of this title is the corporate liability of the homeowners' association, in addition to being a lien against the property.  Ifproperty. a tax lien on a residential common area is sold to a purchaser pursuant to this article:

If a tax lien on a residential common area is sold to a purchaser pursuant to this article:

END_STATUTE Sec. 5.  Effective date Section 42-17153, Arizona Revised Statutes, as amended by this act, and section 42-18121.02, Arizona Revised Statutes, as added by this act, are effective from and after December 31, 2018.