BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 679|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 679
          Author:   Travis Allen (R)
          Amended:  8/18/15 in Senate
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 7/8/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  52-14, 6/1/15 - See last page for vote

           SUBJECT:   Documents: recordation


          SOURCE:    Author


          DIGEST:  This bill requires a county recorder, upon recording  
          any instrument, paper, or notice as authorized by law, to  
          endorse upon the instrument the number of pages.


          ANALYSIS:   


          Existing law:


          1)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.  









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          2)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 and the  
            name of the person at whose request it is recorded.








          This bill:


          1)Deletes the requirement that the recorder endorse the name of  
            the person at whose request an instrument is recorded.


          2)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.  


          Background


          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' 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 asserts 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,  








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          day, hour and minute it was received.  
          


          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.  The Legislative Counsel's Office says that because  
            this bill imposes new duties upon the county recorder, this  
            bill imposes a state-mandated local program.  But, this 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).
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified9/4/15)








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          None received


          OPPOSITION:   (Verified9/4/15)


          None received

          ASSEMBLY FLOOR:  52-14, 6/1/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonta,  
            Brough, Brown, Calderon, Chang, Chau, Chávez, Chiu, Chu,  
            Dababneh, Dahle, Beth Gaines, Gomez, Gonzalez, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim,  
            Lackey, Linder, Lopez, Low, Maienschein, Mathis, Melendez,  
            Mullin, Obernolte, Olsen, Patterson, Perea, Quirk,  
            Ridley-Thomas, Salas, Santiago, Steinorth, Thurmond, Wagner,  
            Waldron, Wilk, Williams, Wood, Atkins
          NOES:  Alejo, Cooley, Cooper, Dodd, Eggman, Frazier, Cristina  
            Garcia, Eduardo Garcia, Gatto, Levine, Medina, Mark Stone,  
            Ting, Weber
          NO VOTE RECORDED:  Bonilla, Burke, Campos, Daly, Gallagher,  
            Gipson, Gordon, Jones-Sawyer, Mayes, McCarty, Nazarian,  
            O'Donnell, Rendon, Rodriguez

          Prepared by:Toren Lewis / GOV. & F. / (916) 651-4119
          9/4/15 17:25:08


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