Fifty-seventhSenate LegislatureEngrossed Commerceundocumented Secondaliens; Regular Session S.B.
financial services State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1421 PROPOSEDAN HOUSEACT OFAMENDING REPRESENTATIVESTITLE AMENDMENTS6, TOCHAPTER S.B.1, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 6-118;
1421AMENDING (ReferenceTITLE to44, SenateCHAPTER engrossed9, bill)ARTICLE Strike1, everythingARIZONA afterREVISED theSTATUTES, enactingBY clauseADDING andSECTION insert:44-1209;
"SectionAMENDING 1.SECTION 44-1362, ARIZONA REVISED STATUTES;
SectionAMENDING 42-18303,TITLE Arizona44, RevisedARIZONA Statutes,REVISED isSTATUTES, amendedBY toADDING read:CHAPTER 42;
42-18303.RELATING TO FINANCIAL SERVICES.
Auction(TEXT andOF saleBILL ofBEGINS landON heldNEXT byPAGE) state- underi tax- deed;S.B.
disposition1421 Be it enacted by the Legislature of proceedsthe A.State of Arizona:
AfterSection advertisement,1. pursuant to section 42-18302, the board of supervisors may sell the real property in the county held by the state by tax deed to the highest bidder for cash except as provided in subsections E, F and G of this section.
TheTitle property6, maychapter also1, bearticle posted2, onArizona theRevised treasurer'sStatutes, website.is amended by adding section 6-118, to read:
The6-118. sale may include a live auction or an online bidding process in which the board receives bids electronically over the internet in a real-time, competitive bidding event.
Prohibited forms of identification A FINANCIAL INSTITUTION DOING BUSINESS IN THIS STATE MAY NOT ACCEPT ANY OF THE FOLLOWING AS A FORM OF IDENTIFICATION FOR THE PURPOSES OF OPENING A DEPOSIT ACCOUNT, LOAN ACCOUNT OR SAFE DEPOSIT BOX OR RECEIVING ANY OTHER SERVICES FROM THAT FINANCIAL INSTITUTION:
1.
A LICENSE OR IDENTIFICATION CARD ISSUED EXCLUSIVELY TO AN UNAUTHORIZED ALIEN OR UNDOCUMENTED IMMIGRANT.
2.
A LICENSE OR IDENTIFICATION CARD THAT IS SUBSTANTIALLY THE SAME AS A LICENSE OR IDENTIFICATION CARD ISSUED TO A UNITED STATES CITIZEN OR RESIDENT OR AN INDIVIDUAL WHO IS LAWFULLY PRESENT IN THE UNITED STATES BUT THAT HAS MARKINGS INDICATING THAT THE LICENSE OR IDENTIFICATION CARD HOLDER DID NOT PRESENT PROOF OF THE HOLDER'S LAWFUL PRESENCE IN THE UNITED STATES.
Sec.
2.
Title 44, chapter 9, article 1, Arizona Revised Statutes, is amended by adding section 44-1209, to read:
44-1209.
Loans;
forms of identification IT IS UNLAWFUL FOR A LOAN TO BE MADE TO AN INDIVIDUAL IN THIS STATE IF THE APPLICATION FOR THE LOAN ALLOWS THE USE OF AN INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ISSUED BY THE INTERNAL REVENUE SERVICE AS A METHOD OF IDENTIFYING THE LOAN RECIPIENT.
AFTER EXECUTION OF AN OTHERWISE LAWFUL AND BINDING LOAN AGREEMENT, A LENDER MAY LAWFULLY REQUEST THE BORROWER'S INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER IF THE BORROWER IS NOT ELIGIBLE TO RECEIVE A SOCIAL SECURITY NUMBER UNDER FEDERAL LAW.
Sec.
3.
Section 44-1362, Arizona Revised Statutes, is amended to read:
44-1362.
Check cashing;
receipts;
notices;
government payment instruments;
enforcement A.
A check casher may charge a fee for cashing a payment instrument, and the check casher shall give a receipt to the customer for each transaction.
OnA sellingcheck thecasher property,shall thedisplay boardin ofa supervisorsconspicuous shalllocation executein andthe delivercheck tocasher's theprincipal purchaser,place atof thebusiness purchaser'sand cost,each abranch deedoffice conveyinga thecomplete titleand oflegible thenotice statethat is in English and toSpanish theand parcelthat purchased.includes both of the following:
The1. deed shall be acknowledged by the chairman and clerk of the board.
A schedule of all fees for both of the following:
(a) Cashing each type of payment instrument.
(b) Issuing an identification card.
2.
A list of any identification that is acceptable in lieu of the identification card provided by the check casher.
TheA purchasecheck moneycasher shall benot paidcharge toa fee that is more than three per cent PERCENT of the countyface treasurer.amount of the payment instrument or five dollars $5, whichever is more, for cashing any payment instrument issued - 1 - S.B.
After1421 deductingby andan distributingagency interest,of penalties, fees and costs charged against the parcel,United theStates treasureror shall apportion monies to the funds of thethis variousstate taxingor authoritiesany inpolitical proportionsubdivision to their current share of the taxesUnited chargedStates againstor realof property.this state.
Any balance remaining with the treasurer after payment of the taxes, interest, penalties, fees and costs shall be paid to the owner of the property who was dispossessed by the sale.
IfA thecheck propertycasher isWHO notIS soldoperating beforewithin the timeoffice forof a labor pool, or the nextowner succeedingor noticeoperator of sale,a thelabor boardpool, ofshall supervisorsnot maycharge omita itday fromlaborer for cashing a check that is issued by the notice.labor pool.
TheA boardCHECK ofCASHER supervisorsMAY mayNOT acceptACCEPT anTHE offerFOLLOWING from,AS andA sellFORM realOF propertyIDENTIFICATION: held by this state by tax deed to, the county or a city, town or special taxing district in the county for a public purpose related to, INCLUDING AFFORDABLE HOUSING FOR LOW-INCOME PERSONS AND FAMILIES PURSUANT TO SECTION 11-251.10, transportation or flood control.
The1. board of supervisors shall convey the deed and apportion the monies received in the transaction in the manner prescribed by this section.
IF A COUNTY,LICENSE CITY, TOWN OR SPECIALIDENTIFICATION TAXINGCARD DISTRICTISSUED ACQUIRESEXCLUSIVELY REAL PROPERTY PURSUANT TO THISAN SUBSECTIONUNAUTHORIZED FORALIEN AFFORDABLE HOUSING PURPOSES AUTHORIZED BY SECTION 11-251.10 AND DETERMINES THE USE IS IN ITS BEST INTEREST, THE COUNTY, CITY, TOWN OR SPECIALUNDOCUMENTED TAXINGIMMIGRANT. DISTRICT MAY SELL, LEASE, EXCHANGE, QUITCLAIM, CONVEY OR OTHERWISE DISPOSE OF THE REAL PROPERTY OR AN INTEREST IN THE REAL PROPERTY FOR LESS THAN FAIR MARKET VALUE AND WITHOUT A PUBLIC AUCTION TO PROVIDE AFFORDABLE HOUSING, IN COMPLIANCE WITH SECTION 11-251.10.
A2. REGULATORY AGREEMENT SHALL BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER IN WHICH THE PROPERTY IS LOCATED THAT CONTAINS COVENANTS AND CONDITIONS REQUIRING THE DWELLING UNITS TO REMAIN CONTINUALLY AFFORDABLE TO LOW-INCOME PERSONS AND FAMILIES FOR THE LONGEST FEASIBLE TIME, BUT NOT LESS THAN THIRTY House Amendments to S.B.
1421A YEARS.LICENSE OR IDENTIFICATION CARD THAT IS SUBSTANTIALLY THE SAME AS A LICENSE OR IDENTIFICATION CARD ISSUED TO A UNITED STATES CITIZEN OR RESIDENT OR AN INDIVIDUAL WHO IS LAWFULLY PRESENT IN THE UNITED STATES BUT THAT HAS MARKINGS INDICATING THAT THE LICENSE OR IDENTIFICATION CARD HOLDER DID NOT PRESENT PROOF OF THE HOLDER'S LAWFUL PRESENCE IN THE UNITED STATES.
FORE. THE PURPOSES OF THIS SUBSECTION, “AFFORDABLE HOUSING FOR LOW-INCOME PERSONS AND FAMILIES” HAS THE SAME MEANING PRESCRIBED IN SECTION 11-251.10.
TheAny boardact ofor supervisorspractice may sell real property in theviolation county held by the state by tax deed to the owner of contiguousthis realarticle property that is usedan forunlawful commercial,act agricultural or residentialpractice purposes,under andsection the44-1522. board may accept an offer by the contiguous owner to purchase the property, if all of the following conditions apply:
The attorney general may investigate and take appropriate action as prescribed in chapter 10, article 7 of this title.
Sec.
4.
Title 44, Arizona Revised Statutes, is amended by adding chapter 42, to read:
CHAPTER 42 FOREIGN REMITTANCES OF MONIES ARTICLE 1.
GENERAL PROVISIONS 44-8041.
Definitions IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:
Both"DEPARTMENT" theMEANS propertyTHE offeredDEPARTMENT forOF saleINSURANCE andAND theFINANCIAL contiguousINSTITUTIONS. property were at one time under common ownership.
If there is more than one contiguous property owner offering to purchase the property, the board shall accept the offer from the contiguous property owner that demonstrates that the owner's contiguous property was most recently under common ownership with the property offered for sale.
The"FOREIGN propertyREMITTANCE offeredTRANSFER" forMEANS saleA cannotREMITTANCE beTRANSFER separatelyAS usedDEFINED forIN commercial,THE agriculturalELECTRONIC orFUND residentialTRANSFER purposes,ACT as(P.L. applicable, pursuant to applicable building codes and ordinances of the jurisdiction in which the property is located due to its size or configuration.
90-321;
92 STAT.
3728;
15 UNITED STATES CODE SECTION 1693o-1) TO A RECIPIENT THAT IS LOCATED IN A COUNTRY OTHER THAN THE UNITED STATES.
The"UNAUTHORIZED contiguousALIEN" propertyMEANS ownerA agreesPERSON toWHO submitIS aUNLAWFULLY requestPRESENT toIN theTHE countyUNITED assessorSTATES toAS jointlyPRESCRIBED assessIN theTHE contiguousIMMIGRATION propertiesAND pursuantNATIONALITY toACT section(66 42-15058.STAT.
G.163;
The8 boardUNITED ofSTATES supervisorsCODE maySECTION sell1101). real property in the county held by the state by tax deed to a homeowners' association if the real property is part of a common area maintained by the homeowners' association as determined by the county assessor.
H.44-8042.
IfForeign anremittance offertransfers; under subsection E, F or G of this section is pending at the time of the auction under this section, the board of supervisors shall remove the property from the auction.
I.prohibition;
Therules boardA. of supervisors may establish procedures for accepting monetary offers and sell real property in the county held by the state by tax deed over the counter if the real property is not eligible for sale under subsection E, F or G of this section and was offered for sale and not sold at the auction held pursuant to subsection a of this section.
J.A BUSINESS ENTITY THAT IS AUTHORIZED TO CONDUCT FOREIGN REMITTANCE TRANSFERS FROM WITHIN THIS STATE TO ANY COUNTRY OUTSIDE OF THE UNITED STATES ON BEHALF OF AN INDIVIDUAL:
The1. board of supervisors may establish procedures for accepting monetary offers under subsection f of this section." Amend title to conform BETTY J.
VILLEGASMAY 1421VILLEGASNOT SE.docxTRANSFER 03/20/2026THE 02:07MONIES PMUNLESS H:THE INDIVIDUAL PROVIDES DOCUMENTARY PROOF THAT THE INDIVIDUAL IS NOT AN UNAUTHORIZED ALIEN.
NL/ra2. 130XRLTXC -2-
EACH MONTH SHALL PROVIDE TO THE DEPARTMENT CONFIRMATION OF THE INDIVIDUALS WHO PROVIDED THE DOCUMENTARY PROOF REQUIRED BY PARAGRAPH 1 OF THIS SUBSECTION.
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1421 B.
THE DEPARTMENT SHALL ADOPT RULES TO ADMINISTER THIS SECTION, INCLUDING WHICH FORMS OF DOCUMENTATION ARE ACCEPTABLE TO VERIFY AN INDIVIDUAL IS NOT AN UNAUTHORIZED ALIEN.
44-8043.
Enforcement;
compliance audits A.
THE DEPARTMENT MAY AT ANY TIME REQUEST A BUSINESS ENTITY TO PROVIDE RECORDS OF DOCUMENTATION THAT WERE USED TO VERIFY THAT THE INDIVIDUAL WHO REQUESTED THE FOREIGN REMITTANCE TRANSFER WAS NOT AN UNAUTHORIZED ALIEN.
B.
ANY PERSON WHO IN GOOD FAITH BELIEVES THAT A BUSINESS ENTITY IS VIOLATING THIS CHAPTER MAY FILE A COMPLAINT WITH THE DEPARTMENT.
ON RECEIPT OF A VALID COMPLAINT THAT IS SUBSTANTIATED BY EVIDENCE, THE DEPARTMENT SHALL NOTIFY THE BUSINESS ENTITY OF THE COMPLAINT AND THE SUBSTANTIATED EVIDENCE, AND THE BUSINESS ENTITY SHALL PAY THE CIVIL PENALTY PURSUANT TO SECTION 44-8044.
C.
BEGINNING JULY 1, 2027, THE DEPARTMENT SHALL CONDUCT QUARTERLY AUDITS OF BUSINESS ENTITIES AT RANDOM TO ENSURE COMPLIANCE WITH THIS CHAPTER.
44-8044.
Violation;
civil penalty THE DEPARTMENT SHALL IMPOSE A CIVIL PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE DOLLAR AMOUNT OF THE FOREIGN REMITTANCE TRANSFER, EXCLUDING ANY FEES OR CHARGES IMPOSED BY THE BUSINESS ENTITY, AGAINST A BUSINESS ENTITY THAT VIOLATES THIS CHAPTER.
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