Reference Title: liens against public officials

AN ACT
AMENDING SECTION 13-2921, ARIZONA REVISED STATUTES; AMENDING TITLE 33, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 33-421; AMENDING TITLE 47, CHAPTER 9, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 47-9410; RELATING TO LIENS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-2921, Arizona Revised Statutes, is amended to read:

13-2921 . Harassment; classification; definition

A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:

1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.

2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.

3. Repeatedly commits an act OR ACTS that harasses HARASS another person.

B. A PERSON COMMITS HARASSMENT AGAINST A PUBLIC OFFICER OR EMPLOYEE IF THE PERSON, WITH INTENT TO HARASS, FILES A NONCONSENSUAL LIEN AGAINST ANY PUBLIC OFFICER OR EMPLOYEE THAT IS NOT ACCOMPANIED BY AN ORDER OR A JUDGMENT FROM A COURT OF COMPETENT JURISDICTION AUTHORIZING THE FILING OF THE LIEN OR IS NOT ISSUED BY A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OR AGENCY PURSUANT TO ITS STATUTORY AUTHORITY, A VALIDLY LICENSED UTILITY OR WATER DELIVERY COMPANY, A MECHANICS LIEN CLAIMANT OR AN ENTITY CREATED UNDER COVENANTS, CONDITIONS, RESTRICTIONS OR DECLARATIONS AFFECTING REAL PROPERTY.

B. C. Harassment UNDER SUBSECTION A is a class 1 misdemeanor. HARASSMENT UNDER SUBSECTION B IS A CLASS 5 FELONY.

C. D. This section does not apply to an otherwise lawful demonstration, assembly or picketing.

D. E. For purposes of this section, "harassment" means conduct directed at a specific person which would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and which serves no legitimate purpose .

Sec. 2. Title 33, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 33-421, to read:

33-421 . Nonconsensual lien; notice of invalid lien; termination statement; marketability of title

A. A NONCONSENSUAL LIEN AGAINST A PUBLIC OFFICER'S OR EMPLOYEE'S PROPERTY, OTHER THAN A LIEN RECORDED BY A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OR AGENCY, A VALIDLY LICENSED UTILITY OR WATER DELIVERY COMPANY, A MECHANICS' LIEN CLAIMANT OR AN ENTITY CREATED UNDER COVENANTS, CONDITIONS, RESTRICTIONS OR DECLARATIONS AFFECTING REAL PROPERTY, IS NOT VALID UNLESS THE LIEN IS ACCOMPANIED BY AN ORDER OR JUDGMENT FROM A COURT OF COMPETENT JURISDICTION AUTHORIZING THE FILING OF THE LIEN AND DOES NOT HAVE THE FORCE OR EFFECT OF LAW.

B. IF A NONCONSENSUAL LIEN IS ACCEPTED FOR RECORDING AS DESCRIBED IN SUBSECTION A, THE RECORDING OFFICER SHALL ACCEPT FOR RECORDING A NOTICE OF INVALID LIEN THAT IS SIGNED AND SUBMITTED BY THE ATTORNEY GENERAL OR COUNTY ATTORNEY ON BEHALF OF ANY PUBLIC OFFICER OR EMPLOYEE. THE ATTORNEY GENERAL OR COUNTY ATTORNEY SHALL MAIL A COPY OF THE NOTICE OF INVALID LIEN TO THE PERSON WHO IS DESIGNATED AS CREDITOR AND TO THE PERSON WHO RECORDED THE NONCONSENSUAL LIEN AT THE ADDRESS OF EACH AS STATED ON THE RECORDED DOCUMENT. THE PURPORTED LIEN IS CONCLUSIVELY PRESUMED TO BE INVALID WHEN THE NOTICE OF INVALID LIEN IS RECORDED.

C. A RECORDING OFFICER OR A COUNTY IS NOT LIABLE FOR ACCEPTING FOR RECORDING A NONCONSENSUAL LIEN PURSUANT TO SUBSECTION A OR A NOTICE OF INVALID LIEN PURSUANT TO SUBSECTION B.

D. A NONCONSENSUAL LIEN THAT IS RECORDED WITH THE COUNTY RECORDER AND THAT IS NOT RECORDED BY AN AUTHORIZED ENTITY PURSUANT TO SUBSECTION A OR THAT IS NOT ORDERED BY THE SUPERIOR COURT DOES NOT AFFECT THE MARKETABILITY OF TITLE TO THE REAL PROPERTY DESCRIBED IN THE NONCONSENSUAL LIEN.

Sec. 3. Title 47, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 47-9410, to read:

47-9410 . Nonconsensual lien; notice of invalid lien; termination statement

A. A NONCONSENSUAL LIEN AGAINST A PUBLIC OFFICER'S OR EMPLOYEE'S PROPERTY, OTHER THAN A LIEN FILED BY A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OR AGENCY, A VALIDLY LICENSED UTILITY OR WATER DELIVERY COMPANY, A MECHANICS' LIEN CLAIMANT OR AN ENTITY CREATED UNDER COVENANTS, CONDITIONS, RESTRICTIONS OR DECLARATIONS AFFECTING REAL PROPERTY, IS NOT VALID UNLESS THE LIEN IS ACCOMPANIED BY AN ORDER OR JUDGMENT FROM A COURT OF COMPETENT JURISDICTION AUTHORIZING THE FILING OF THE LIEN AND DOES NOT HAVE THE FORCE OR EFFECT OF LAW.

B. IF A NONCONSENSUAL LIEN IS ACCEPTED FOR FILING AS DESCRIBED IN SUBSECTION A, THE RECORDING OFFICER SHALL ACCEPT FOR FILING A NOTICE OF INVALID LIEN THAT IS SIGNED AND SUBMITTED BY THE ATTORNEY GENERAL OR COUNTY ATTORNEY ON BEHALF OF ANY PUBLIC OFFICER OR EMPLOYEE. THE ATTORNEY GENERAL OR COUNTY ATTORNEY SHALL MAIL A COPY OF THE NOTICE OF INVALID LIEN TO THE PERSON WHO IS DESIGNATED AS CREDITOR AND TO THE PERSON WHO FILED THE NONCONSENSUAL LIEN AT THE ADDRESS OF EACH AS STATED ON THE FILED DOCUMENT. THE NONCONSENSUAL LIEN IS CONCLUSIVELY PRESUMED TO BE INVALID ON THE FILING OF THE NOTICE OF INVALID LIEN.

C. THE SECRETARY OF STATE, A RECORDING OFFICER OR A COUNTY IS NOT LIABLE FOR ACCEPTING A NONCONSENSUAL LIEN FOR FILING PURSUANT TO SUBSECTION A OR A NOTICE OF INVALID LIEN PURSUANT TO SUBSECTION B.

APPROVED BY THE GOVERNOR APRIL 25, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1997.