Reference Title: county recorders; digitized documents

AN ACT
AMENDING SECTION 11-461, ARIZONA REVISED STATUTES; RELATING TO COUNTY RECORDERS.

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

Section 1. Section 11-461, Arizona Revised Statutes, is amended to read:

11-461 . Recording instruments; keeping records; identification; location

A. The recorder shall have custody of and shall keep all records, maps and papers deposited in his THE RECORDER'S office.

B. The recorder shall record separately, in typewriting, in a legible hand or by use of photostatic or photographic machines or by a system of microphotography, all instruments or writings required or authorized by law to be recorded. In A like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480.

C. THE RECORDER MAY ACCEPT A DIGITIZED IMAGE OF A RECORDABLE INSTRUMENT FOR RECORDING IF IT IS SUBMITTED BY A TITLE INSURER OR BY A TITLE INSURANCE AGENT AS DEFINED IN SECTION 20-1562, BY A STATE CHARTERED OR FEDERALLY CHARTERED BANK INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, BY AN AGENCY, BRANCH OR INSTRUMENTALITY OF THE FEDERAL GOVERNMENT OR BY A GOVERNMENTAL ENTITY AND THE INSTRUMENT FROM WHICH THE DIGITIZED IMAGE IS TAKEN CONFORMS TO ALL APPLICABLE LAWS RELATING TO THE RECORDING OF PAPER INSTRUMENTS.

C. D. Instruments shall be recorded consecutively as of the time they are received. The recorder shall affix to each such instrument , EITHER BY HAND OR IN A DIGITIZED FORM, a notation or notations sufficient to provide:

1. A record identification to uniquely identify each instrument and to fix its position within the sequence of recordings.

2. A record location to enable each instrument to be retrieved for purposes of inspection.

D. E. Instruments may be recorded in docket books, in separate record books or in suitable containers, if the location of each instrument can be determined from notations both on the instrument and in the appropriate index. Reference to any recorded instrument may be made by the record location without further description.

E. F. Any reference to docket and page, or book and page, or similar indication means the record location as notated on each recorded instrument.

APPROVED BY THE GOVERNOR APRIL 27, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 27, 1999.