BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 679 |Hearing | 7/8/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Travis Allen |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |7/1/15 Amended |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Lewis | |: | | ----------------------------------------------------------------- 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' AB 679 (Travis Allen) 7/1/15 Page 2 of ? 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 AB 679 (Travis Allen) 7/1/15 Page 3 of ? 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. -- END --