BILL NUMBER: AB 679 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2015
AMENDED IN ASSEMBLY MAY 18, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Travis Allen
FEBRUARY 25, 2015
An act to amend Section 27361.6 27320
of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 679, as amended, Travis Allen. Documents: recordation.
Existing law requires the recorder of each county, upon payment of
proper fees and taxes, to accept for recordation any instrument,
paper, or notice that is authorized or required by law to be
recorded. Existing law further requires those
documents to comply with specified standards respecting margins,
quality of paper, print size and color, and other related matters.
the recorder, when any instrument authorized by law to
be recorded is deposited in the recorder's office for record, to
endorse upon the instrument in the order in which it is deposited,
the year, month, day, hour, and minute of its reception, and the
amount of fees for recording.
This bill would additionally require any
instrument, paper, or notice presented for recordation to state
the recorder to endorse upon the instrument the
number of pages to be recorded. This bill would authorize
the number of pages to be recorded to be stated on a cover page or a
sticker, as specified, and would require the county recorder to
verify that the number of pages to be recorded stated on the cover
page or sticker match the number of pages presented for recordation.
of the instrument.
By imposing new duties upon the county recorder, this bill would
impose 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 no reimbursement is required by this
act for a specified reason.
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 27361.6 of the Government
Code is amended to read:
27361.6. (a) Except as otherwise provided by law or regulation,
all documents submitted for recording shall have at least a 1/2-inch
margin on the two vertical sides, except in the space reserved for
recording information. At least the top 21/2 inches of the first page
or sheet shall be reserved for recording information. The left-hand
31/2 inches of the space shall be used by the public to show the name
of the person requesting recording and the name and address to which
the document is to be returned following recording. In the event the
first page or sheet of a document does not comply with these
requirements, a separate page shall be attached by the party
requesting recording to the front of the document that meets these
criteria and that reflects the title or titles of the document as
required by Section 27324. Any printed form accepted for recordation
that does not comply with this subdivision shall not affect the
notice otherwise imparted by recording.
(b) All instruments, papers, or notices presented for recordation
shall be on a quality of paper and contain print of a size and color
that will reproduce legibly by microphotographic or imaging processes
as set forth in Sections 26205.5 and 27322.2.
(c) Any instrument, paper, or notice presented for recordation
that in any way modifies, releases, or cancels the provisions of a
previously recorded document shall state the recorder identification
number or book and page of the document number being modified,
released, or canceled.
(d) (1) Any instrument, paper, or notice presented for recordation
shall state the number of pages to be recorded.
(2) (A) The number of pages to be recorded may be stated on a
cover page or a sticker on the first page of the instrument, paper,
or notice.
(B) The county recorder shall verify that the number of pages to
be recorded stated on the cover page or sticker match the number of
pages presented for recordation.
SECTION 1. Section 27320 of the
Government Code is amended to read:
27320. When any instrument authorized by law to be recorded is
deposited in the recorder's office for record, the recorder shall
endorse upon it in the order in which it is deposited, the year,
month, day, hour, and minute of its reception, its number of
pages, and the amount of fees for recording. The recorder shall
record it without delay, together with the
acknowledgements, acknowledgments, proofs,
certificates, and prior recording data written upon or annexed to it,
with the plats, surveys, schedules, and other papers thereto
annexed, and shall note on the record its identification number, and
the name of the person at whose request it is recorded. Efforts shall
be made to assign identification numbers sequentially, but an
assignment of a nonsequential number may be made if not in violation
of express recording instructions regarding a group of concurrently
recorded instruments and if, in the discretion of the county
recorder, such assignment best serves the interest of expeditious
recording.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.