Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1089
liens; fees; exemption
Purpose
Prohibits a county recorder from receiving any fee for filing or releasing a restitution or
support order lien and removes the authorization for copies of original documents to be submitted
to a county recorder.
Background
In Arizona, restitution liens are available to all victims of crimes who have been awarded
restitution by a judge. As civil judgements they can be filed against a defendant's property or future
property, such as home or land, and against a currently owned vehicle, such as a car, truck, boat
or ATV. The two types of liens are victim filed liens and criminal restitution orders (Maricopa
County Superior Court). A county recorder may charge a fee, as outlined in statute, for recording
papers required or authorized by law to be recorded, including the recording of official deeds,
plats, business names and liens against property (A.R.S. § 11-475). A filling fee, recording fee or
any other charge is not required for the filing of a restitution lien (A.R.S. § 13-806).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a county recorder from receiving a fee for performing any duties or acts necessary to
record or release a restitution lien or any lien necessary to enforce a support order.
2. Removes the authorization for a copy of an original instrument to be accepted by a county
recorder for official recording purposes.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 27, 2022
MH/HW/slp