SB 1082 — constables; report; board of supervisors

SenateHouse Engrossed Senate Bill constables;

board of supervisors State(now: of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1082 AN ACT AMENDING SECTION 22-131, ARIZONA REVISED STATUTES;

RELATINGland TOownership; CONSTABLES.

designated countries;

prohibition) State of Arizona Senate Fifty-seventh Legislature First Regular Session CHAPTER 253 SENATE BILL 1082 AN ACT AMENDING TITLE 33, CHAPTER 4, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 33-443;

RELATING TO REAL PROPERTY.

SectionTitle 22-131,33, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 33-443, to read:

22-131.33-443.

Constables;Prohibition against land ownership;

powersforeign andadversary duties;nation or agent;

prohibitedenforcement; acts A.

Constablesviolation; shall attend the courts of justices of the peace within their precincts when required, and within their counties shall 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.

Inclassification; 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.

definitions A.

NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS PROVIDED IN SUBSECTION F OF THIS SECTION, A FOREIGN ADVERSARY NATION OR A FOREIGN ADVERSARY AGENT MAY NOT, DIRECTLY OR INDIRECTLY, PURCHASE, OWN, ACQUIRE BY GRANT OR DEVISE OR OTHERWISE OBTAIN A SUBSTANTIAL INTEREST IN REAL PROPERTY IN THIS STATE.

ConstablesTHE shallATTORNEY attendGENERAL theSHALL trainingENFORCE prescribedTHIS inSECTION. section 22-137.

THE ENFORCEMENT OF THIS SECTION MAY NOT BE BASED ON A PERSON'S RACE OR NATIONAL ORIGIN.

IF THE ATTORNEY GENERAL REASONABLY SUSPECTS A VIOLATION OF THIS SECTION OCCURRED, THE ATTORNEY GENERAL:

1.

MAY COMMENCE AN ACTION IN SUPERIOR COURT IN THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED.

2.

SHALL REPORT THE MATTER TO THE FEDERAL BUREAU OF INVESTIGATION FOR SUSPECTED ESPIONAGE ACTIVITY OR TO OTHER LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCIES WITH THE STATUTORY AUTHORITY TO INVESTIGATE THOSE CASES.

3.

SHALL REPORT THE MATTER TO THE COMMITTEE ON FOREIGN INVESTMENTS IN THE UNITED STATES (50 UNITED STATES CODE SECTION 4565).

Constables,IF withPURSUANT theTO consentAN ofACTION andFILED atUNDER salariesSUBSECTION fixedB, byPARAGRAPH the1 boardOF ofTHIS supervisors,SECTION mayTHE appointSUPERIOR deputiesCOURT whoFINDS areTHAT certifiedTITLE pursuantOR toA sectionSUBSTANTIAL 41-1822,INTEREST subsectionIN A,REAL paragraphPROPERTY 3,WAS stenographers,OBTAINED clerksIN andVIOLATION assistantsOF necessarySUBSECTION toA conductOF theTHIS affairsSECTION, ofTHE theirCOURT offices.SHALL ENTER AN ORDER:

The1. appointments shall be in writing AND REPORTED TO THE BOARD OF SUPERVISORS.

STATING THE COURT'S FINDINGS.

2.

DIVESTING THE PERSON'S INTEREST.

3.

DIRECTING THE BOARD OF SUPERVISORS TO SELL THE REAL PROPERTY IN A MANNER THAT IS CONSISTENT WITH TITLE 42, CHAPTER 18, ARTICLE 7, EXCEPT THAT THE BOARD OF SUPERVISORS SHALL DISTRIBUTE THE REMAINING PROCEEDS AFTER PAYING TAXES, INTEREST, PENALTIES, FEES AND COSTS IN THE FOLLOWING ORDER OF PRIORITY:

(a) TO ANY VALID LIENHOLDER FOR THE VALUE OF THE LIENHOLDER'S OUTSTANDING LIEN THAT IS ATTACHED TO THE REAL PROPERTY.

(b) TO THE APPROPRIATE COUNTY TREASURER AND THE ATTORNEY GENERAL TO REIMBURSE THE APPROPRIATE BOARD OF SUPERVISORS AND THE ATTORNEY GENERAL FOR EXPENSES INCURRED IN THE PROSECUTION OF A VIOLATION OF THIS SECTION.

(c) TO THE PROPERTY OWNER IN AN AMOUNT EQUAL TO THE REMAINING PROCEEDS OF THE SALE, IF ANY.

TheA provisionsTITLE ofINSURER, lawTITLE relatingAGENT, toESCROW sheriffs,AGENT asOR farREAL asESTATE applicable,LICENSEE shallMAY governNOT theBE powers,HELD dutiesLIABLE andFOR liabilitiesANY ofVIOLATION constables.OF THIS SECTION.

A constableVIOLATION whoOF isTHIS dulySECTION electedMAY orNOT whoBE isTHE appointedBASIS byFOR theA boardTITLE ofINSURANCE supervisorsCLAIM hasFOR theANY authorityTITLE ofINSURANCE aPOLICY peaceISSUED officerFOR onlyPROPERTY inIN theTHIS performanceSTATE. of the constable's official duties.

F.- 1 - S.B.

A1082 constableF. 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.

A FOREIGN ADVERSARY NATION OR FOREIGN ADVERSARY AGENT MAY ACQUIRE REAL PROPERTY OR ANY INTEREST IN REAL PROPERTY IN THIS STATE BY DEVISE OR DESCENT, THE ENFORCEMENT OF SECURITY INTERESTS OR THE COLLECTION OF DEBT, IF THE FOREIGN ADVERSARY NATION OR FOREIGN ADVERSARY AGENT SELLS, TRANSFERS OR OTHERWISE DIVESTS FROM THE REAL PROPERTY WITHIN ONE HUNDRED TWENTY DAYS AFTER ACQUIRING THE REAL PROPERTY.

IT IS UNLAWFUL FOR A constablePERSON isTO prohibitedKNOWINGLY fromMAKE engagingTO inA anyLAW actENFORCEMENT asAGENCY aOF privateTHIS processSTATE serverOR outsideA ofPOLITICAL theSUBDIVISION constable'sOF electedTHIS orSTATE appointedA duties.FALSE, FRAUDULENT OR UNFOUNDED REPORT OR STATEMENT REGARDING AN ALLEGED VIOLATION OF THIS SECTION.