SB 1089
Initials SJ/BG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: GOV DP 7-0-0-0 | 3
rd
Read 28-0-2-0
House: GE DP 13-0-0-0
SB1089: liens; fees; exemption
Sponsor: Senator Shope, LD 8
Caucus & COW
Overview
Prohibits the county recorder from receiving a fee for recording or releasing a restitution lien.
History
County recorders receive fees for performing the following duties: 1) recording papers required
or authorized by law to be recorded; 2) recording papers to which the United States, the State of
Arizona or a political subdivision is a party; 3) preparing and certifying copies of a record in the
recorder's office; and 4) for issuing a certificate pursuant to statute (A.R.S. § 11-475).
Current statute provides that the county recorder must not receive a fee for performing the duties
prescribed by statute for an office, agency or department of the county where the document is to
be recorded. The exemption applies only when the fees would otherwise be paid for from public
monies (A.R.S. § 11-475).
The State of Arizona or any person entitled to restitution pursuant to a court order may file a
restitution lien. A filing fee, recording fee or any other charge is not required for filing a restitution
lien (A.R.S. § 13-806).
Provisions
1. Prohibits a county recorder from receiving specified fees relating to performing duties or acts
necessary to record or release a restitution lien filed pursuant to statute or any lien necessary
to enforce a support order. (Sec. 1)
2. Specifies that only an original instrument may be presented to the county recorder for
recording. (Sec. 2)
3. Exempts specified persons from providing a recording fee or any other charge when releasing
a restitution lien. (Sec. 3)
4. Makes technical and conforming changes. (Sec. 1-3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note