BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 679                           |Hearing    | 7/8/15  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Travis Allen                     |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |7/1/15    Amended                |Fiscal:    |Yes      |
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          |Consultant|Lewis                                                 |
          |:         |                                                      |
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                                Documents: recordation.



          Requires a county recorder, upon recording any instrument,  
          paper, or notice as authorized by law, to endorse upon the  
          instrument the number of pages.


           Background and Existing Law

           State law requires county recorders (or, in some counties,  
          clerk-recorders) to accept and record certain documents and  
          archive them for public access upon payment of proper fees and  
          taxes.  Commonly recorded documents include payments of taxes or  
          fees, filings of fictitious business names, deeds, mortgage  
          documents, easements, power of attorney documents, liens, and  
          many other documents affecting property ownership.  

          Existing law requires county recorders to indicate, on each  
          document they receive for recordation, the year, month, day,  
          hour, and minute of its reception, and the amount of fees for  
          recording.  Most often, county clerk's fees are based on the  
          number of pages recorded.

          Sometimes, pages of recorded documents become lost.  When it is  
          unclear how many pages were originally in a recorded document,  
          lost pages can result in lengthy and expensive court processes  
          to restore the document to its original status, or to obtain new  
          copies.  To avoid this scenario, some county clerks'  







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          offices-such as San Diego County's-indicate not only when they  
          received each document, but also its total number of pages, by  
          affixing a label with this information to the front of the  
          document. 

          To save consumers and taxpayers time and money, the author of AB  
          679 assert that state law should be changed to require all  
          county clerks to indicate "the number of pages to be recorded"  
          on each document they receive, in addition to the year, month,  
          day, hour, and minute it was received.  

           Proposed Law

           Assembly Bill 679 requires a county recorder, upon recording any  
          instrument, paper, or notice as authorized by law, to endorse  
          upon the instrument the number of pages in addition to the year,  
          month, day, hour, and minute it was received.  

           State Revenue Impact

           No estimate. 


           Comments

            1. Purpose of the bill.   AB 679 will make it easier for  
          individuals who are submitting documents to be recorded by the  
          county to ensure all pages of a given document are present,  
          thereby reducing the incidence of lengthy and expensive court  
          procedures to restore or verify recorded documents.  Endorsing a  
          document's total number of pages up front, rather than after a  
          discrepancy arises, will also reduce the administrative burden  
          and cost of verifying recorded documents and making copies.

           2. What's new?   Existing law permits county clerks to note the  
          number of pages in recorded documents, and at least some county  
          clerks are already doing so.  Many county clerks also charge by  
          the page, and therefore have to count the number of pages they  
          record as a practical matter.  It is unclear why a change to  
          state law is necessary if counties already can reflect the page  
          numbers in recorded documents in the manner suggested by this  
          bill if they so choose. 

           3. Mandate  .  Because, the Legislative Counsel's Office says that  








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          because this bill imposing new duties upon the county recorder,  
          this bill would impose a state-mandated local program.  But the  
          bill disclaims the state's responsibility for reimbursing  
          counties for compliance with AB 679; this disclaimer is  
          consistent with the California Constitution, which provides that  
          the state does not have to reimburse local governments where  
          local agencies or school districts have the authority to levy  
          service charges, fees, or assessments sufficient to pay for the  
          program mandated by the law (Article XIIIB).

           Assembly Actions

           Assembly Local Government                    6-1
          Assembly Appropriations                      16-0
          Assembly Floor                               52-14

           Support and  
          Opposition   (7/2/15)


           Support  :  Unknown. 


           Opposition  :  Unknown. 


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