BILL NUMBER: AB 1642	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 13, 2012

   An act to amend Section 27201 of the Government Code, relating to
the county recorder.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1642, as introduced, Gordon. County recorder: recordation of
documents.
   Existing law requires the county recorder, upon payment of proper
fees and taxes, to record any document that is authorized or required
by statute or court order to be recorded, provided that the document
meets certain standards.
   This bill would additionally require the county recorder to record
any document that is authorized or required by local ordinance of
that county to be recorded. By imposing additional duties on a local
official, this bill would constitute a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 27201 of the Government Code is amended to
read:
   27201.  (a) The recorder shall, upon payment of proper fees and
taxes, accept for recordation any instrument, paper, or notice that
is authorized or required by statute  , local ordinance of that
county,  or court order to be recorded, if the instrument,
paper, or notice contains sufficient information to be indexed as
provided by statute, meets recording requirements of state statutes
and local ordinances, and is photographically reproducible. The
county recorder shall not refuse to record any instrument, paper, or
notice that is authorized or required by statute  , local
ordinance   of that county,  or court order to be
recorded on the basis of its lack of legal sufficiency.
   "Photographically reproducible," for purposes of this division,
means all instruments, papers, or notices that comply with standards
as recommended by the American National Standards Institute or the
Association for Information and Image Management for recording of
records.
   (b) (1) Each instrument, paper, or notice shall contain an
original signature or signatures, except as otherwise provided by
law, or be a certified copy of the original.
   (2) A facsimile signature shall be accepted on a lien recorded by
a governmental agency when that facsimile signature has been
officially adopted by that agency. The lien shall have noted on its
face a statement to that effect. A copy of the agency's resolution or
action adopting the signature for facsimile transmission purposes or
a certified copy of the agency's adopted signature shall be provided
to the county recorder when the signature is officially adopted by
the agency, or at the beginning of each calendar year.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.