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REFERENCE TITLE: recording fees; unlawful restrictions; exemption |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1506 |
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Introduced by Senator Fernandez
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AN ACT
amending section 11-475, arizona revised statutes; relating to the county recorder.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-475, Arizona Revised Statutes, is amended to read:
11-475. Fees; exemptions
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, $30 per instrument.
2. For recording papers to which the United States, this state or a political subdivision of this state, 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, $15 per instrument.
3. For preparing and certifying copies of a record in the recorder's office, $1 for each page or partial page. In addition, and for attaching the recorder's certificate and seal, an additional $3.
4. For issuing a certificate pursuant to section 47-9523, $10 for each name, plus $1 for each financing statement or statement of assignment reported therein.
B. The fees provided in subsection A, paragraphs 1 and 2 of this section include the amount charged pursuant to section 11-475.01.
C. 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.
D. 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 the fees would otherwise be paid from public monies.
E. Notwithstanding any other law, the county recorder shall not receive a fee for performing the duties prescribed by this section or any act necessary to record or release a restitution lien filed pursuant to section 13-806 or any lien necessary to enforce a support order.
F. NOtwithstanding any other law, the county recorder shall not receive a fee for performing the duties prescribed by this section or any act necessary to record an amendment to a governing instrument that removes an unlawful restriction. For the purposes of this subsection:
1. "Amendment" means a document that removes an unlawful restriction.
2. "Governing instrument" means a declaration of a condominium as prescribed by title 33, chapter 9 or of a planned community as prescribed by title 33, chapter 16.
3. "Unlawful restriction" means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of real property on the basis of race, color, religion, national origin, sex, familial status or disability in violation of state or federal law.