BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2143|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 2143
          Author:   Irwin (D) 
          Amended:  6/28/16 in Senate
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 6/15/16
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE JUDICIARY COMMITTEE:  7-0, 6/21/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 5/23/16 - See last page for vote

           SUBJECT:   County recorder:  electronic recording


          SOURCE:    Author


          DIGEST:  This bill expands, until January 1, 2027, the scope of  
          the state law that allows for the digitized electronic delivery,  
          recording, and return of some types of recordable instruments.


          ANALYSIS:  


          Existing law:









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          1)Allows a county recorder to accept for recording, in lieu of a  
            written paper, digitized images, digital images, or both, of a  
            recordable instrument, subject to specified conditions.  


          2)Authorizes, pursuant to the Electronic Recording Delivery Act  
            (ERDA), the digitized electronic delivery, recording, and  
            return of specified types of instruments submitted by title  
            insurers, underwritten title companies, institutional lenders,  
            and government entities through an electronic record delivery  
            system (ERDS) upon approval by the county board of supervisors  
            and certification by the Attorney General.


          This bill:


          1)Allows a county recorder to accept for recording a "digital"  
            electronic record, which means a record containing information  
            that is created, generated, sent, communicated, received, or  
            stored by electronic means, but not created in original paper  
            form.


          2)Allows a county recorder to accept, through an ERDS, records  
            that are submitted by an authorized submitter other than a  
            title insurer, underwritten title company, institutional  
            lender, or an entity of local, state, or federal government.  


          3)Requires that the authorized submitter and any agent  
            submitting documents on behalf of the authorized submitter  
            must provide proof of financial responsibility by providing a  
            certificate of insurance evidencing an amount of general  
            liability coverage reasonably adequate to protect against  
            liability and cover potential losses.  


          4)Requires the Attorney General to adopt regulations governing  
            the requirements for general liability coverage, including  
            adopting a rule or regulation setting the amount of required  
            liability coverage.








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          5)Clarifies that yearly statistical reports submitted by county  
            recorders to the Office of the Insurance Commissioner must  
            include electronically transmitted documents and requires  
            county recorders to count and report documents in the same  
            manner without regard to method of transmission.



          6)Clarifies that language in existing law referring to "an  
            instrument affecting a right, title, or interest in real  
            property" means an instrument that is authorized or required  
            to be recorded pursuant to a specified statute.



          7)Makes additional technical and conforming changes to state  
            law.



          8)Directs that the changes it makes to current law will remain  
            in effect only until January 1, 2027, and as of that date are  
            repealed.


          Background


          County recorders accept, officially record, and return copies of  
          legal documents, notices, or papers.  Among the papers that they  
          record are "instruments," which are written papers signed and  
          delivered by one person to another that transfer the title to or  
          create a lien on property, or give a right to a debt or duty.  


          A recorder of any county may, in lieu of a written paper, accept  
          for recording digitized images, digital images, or both, of a  
          recordable instrument, subject to specified conditions (AB 3264,  
          Frazee, Chapter 400 of the Statutes of 1988).  The ERDA (AB 578,  
          Leno, Chapter 621, Statutes of 2004) authorizes the digitized  
          electronic delivery, recording, and return of specified types of  
          instruments submitted by title insurers, underwritten title  
          companies, institutional lenders, and government entities  







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                                                                    Page  4


          through an ERDS upon approval by the county board of supervisors  
          and certification by the Attorney General.  The Act requires the  
          State Attorney General, in consultation with interested parties,  
          to adopt regulations for the review, approval, and oversight of  
          ERDSs.


          County recorders want the Legislature to expand state law to  
          allow additional types of instruments to be recorded though an  
          ERDS and additional types of entities to submit instruments  
          through an ERDS.


          Comments


          Purpose of the bill.  The process of recording digital and  
          digitized documents submitted through the electronic delivery  
          systems is faster and more efficient than the recording process  
          for paper documents.  The 2004 ERDA authorized specified  
          entities to electronically record documents.  Millions of  
          documents have been recorded by means of an ERDS since the  
          enactment of ERDA.  In California, there are no known instances  
          of fraud perpetrated by use of ERDSs.  By expanding both the  
          types of entities that state law authorizes to electronically  
          record documents and the types of electronic documents that can  
          be recorded, this bill will allow all of the parties in the  
          recording process to save even more time and money through the  
          use of ERDSs.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/1/16)


          California Association of Realtors
          California Mortgage Association
          California State Association of Counties
          County Recorders' Association of California
          Southwest California Legislative Council








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          OPPOSITION:   (Verified8/1/16)


          None received




          ASSEMBLY FLOOR:  77-0, 5/23/16
          AYES:  Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,  
            Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,  
            Williams, Wood, Rendon
          NO VOTE RECORDED:  Arambula, Eggman, Patterson

          Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
          8/3/16 18:56:58


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