BILL NUMBER: AB 578 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2003
INTRODUCED BY Assembly Member Leno
FEBRUARY 18, 2003
An act to amend Section 27361.4 of, and to add Section
27279.5 to Sections 27297.6 and 27361.4 of, to add
Article 6 (commencing with Section 27390) to Chapter 6 of Division 2
of Title 3 of, and to repeal Sections 27279.4 and 27398 of ,
the Government Code, relating to county recorders.
LEGISLATIVE COUNSEL'S DIGEST
AB 578, as amended, Leno. County recorders: electronic
recording.
(1) Existing law generally provides
specifies that the recorder of any county may, in lieu of a
written paper, accept for recording a digitized image of a recordable
instrument, subject to specified conditions.
This bill would authorize the county recorder to develop a system
for accepting records for recording electronically. The bill would
require a county developing an electronic recording system to obtain
a report addressing the safety and security considerations of the
proposed system from a qualifying computer security firm or
consultant, as specified. The bill would also authorize an
unspecified agency to adopt certain general standards for electronic
recording systems and would require that unspecified agency to report
to the Legislature on counties' electronic recording systems, as
specified.
This bill would enact the Electronic Recording Delivery System Act
of 2003, to authorize a county recorder to establish an electronic
recording delivery system for the recording of digitized electronic
records affecting the right, title, or interest in real property,
subject to specified conditions, including regulation and oversight
by the Attorney General. It would authorize the Attorney General to
charge a fee directly to a vendor seeking approval of software and
other services as part of an electronic recording delivery system.
This bill would, until January 1, 2011, authorize up to 12
counties, subject to approval by their respective boards of
supervisors, to participate in an electronic recording pilot project
utilizing digital electronic records to record real property
documents, subject to specified criteria. The Attorney General would
be required to evaluate the pilot projects and report to both houses
of the Legislature on or before June 30, 2007.
(2) Existing law authorizes the board of supervisors of any county
to provide for specified fees for the filing and indexing of
documents with the county recorder.
This bill would authorize the board of supervisors of any county
to provide for an additional fee of up to $1 per document for
recording of a document electronically. It would authorize charging
this fee for an unspecified a period
of up to 5 years after a county implements an electronic
recording system.
(3) Existing law requires the Attorney General to appoint an
Electronic Recordation Task Force, consisting of specified
representatives, to meet on a regular basis to address the technical,
legal, security, and economic issues associated with electronic
recordation, and recommendations on specified issues.
This bill would repeal this provision.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27279.5 is added to the Government Code, to
read:
27279.5. (a) The county recorder may develop an electronic
recording system in accordance with this section. In establishing
this system, a county recorder shall perform due diligence to ensure
the safety and security of the proposed system. Any system developed
pursuant to this section shall provide for proper offsite archival
procedures in accordance with guidelines developed pursuant to
Section 12236. Nothing in this section shall preclude the
application of Section 27203.
(b) The recorder shall be guided in the exercise of his or her
discretion pursuant to subdivision (a) by the following factors:
(1) Whether accepting electronically transmitted records is in the
best interest of the county and the public.
(2) Whether persons requesting access to the program for the
purpose of electronically recording documents have effective security
precautions in place to address potential fraud and forgery of
documents during the electronic recording process.
(3) Whether the volume and quality of electronic records submitted
will be sufficient to warrant electronic recordation.
(4) Whether a written agreement exists between the county and
persons requesting access to the program in order to define the
rights and responsibilities of each of them.
(5) Whether factors of cost, capacity, or security require the
limitation of the provision of access to persons requesting to
participate, based upon business reasons for recording documents,
scope of authority under a license, if any, and volume of documents
recorded in previous years.
(c) The ____ may adopt standards for the review and approval by
county recorders of systems and processes to conduct electronic
recording of digitized images or electronic records of recordable
instruments. The standards shall include general guidelines relating
to security, capacity, reliability, and uniformity.
(d) Before developing an electronic recording system, a county or
county recorder shall consult with, and obtain a report from, a
computer security firm or consultant selected from a list of firms or
consultants approved by the ____. The report of the consultant
shall be transmitted to ____ and shall include, but not be limited
to, all of the following considerations:
(1) Safety and security of the proposed system.
(2) Results of testing of the system's protections against fraud
or intrusion.
(3) Recommendations of any additional precautions or provisions
needed to ensure that the proposed system is as secure as the
existing paper-based system, and protects the integrity of the
recorder's records.
(4) Recommendations from the district attorney as to the safety
and security of the proposed system.
(e) If a district attorney or county counsel for a county
developing an electronic recording system or the Attorney General
reasonably believes that a system pursuant to this section has been
compromised by fraud or intrusion, he or she shall immediately take
the necessary steps to alert the county recorder to guard against any
compromise of the system, which may result in the suspension of
electronic recording.
(f) Upon request of the county recorder, the Department of Justice
shall conduct a criminal background check of a requester or a
private contractor submitting an electronic recording system for
review and approval. The cost of the background check may be charged
to the private contractor or requester.
(g) For the purposes of this section, security testing means an
independent security audit, including, but not limited to, the use of
computer security experts to attempt to penetrate a system for
recording digitized images or electronic recording for the purposes
of testing the security of the system. The contractor shall perform
an independent security audit prior to and after beginning operation
of an electronic recording system, with results to be provided to the
county recorder and the district attorney for the respective
counties.
(h) No later than two years after beginning operation of an
electronic recording system, counties continuing to implement an
electronic recording system pursuant to this section shall obtain a
report evaluating the system from a firm or consultant with expertise
in computer security, selected from a list of those firms or
consultants approved by the ____ .
(i) Periodically, and in no event later than January 31, 2007, the
____ shall compile all of the reports received pursuant to
subdivision (d) and shall report to the Legislature on the results of
the county systems. The report shall include information regarding
the volume of instruments recorded, costs savings or cost increases,
and changes in the number and effect, if any, of the incidence of
fraudulent documents.
(j) This authority is in addition to any other authority or
obligation under California or federal law.
SECTION 1. Section 27279.4 of the Government Code is repealed.
27279.4. (a) The California Attorney General shall appoint an
Electronic Recordation Task Force consisting of voluntary
representatives from governmental agencies and industry groups
specified in subdivision (b) who shall meet on a regular basis to
address the technical, legal, security and economic issues associated
with electronic recordation. The task force shall make
recommendations regarding all of the following:
(1) In addition to requesters qualifying under Section 27279.2,
which persons and entities should be authorized to digitize and
record documents electronically after January 1, 2000, in order to
limit real property fraud, forgery, and consumer risks associated
with electronic recordation and provide a cost benefit to the county.
(2) Guidelines for the standardization of both software and
hardware used by counties to ensure maximum efficiency,
cost-effectiveness, and maximum use of the electronic recordation
process by requesters qualifying under Sections 27279.2 and 27279.3.
(3) Appropriate recording fees and other assessments to cover
increased costs to both county recorders and requesters.
(b) The task force described in subdivision (a) shall consist of
representatives from governmental and industry groups, including
county recorders, county district attorneys, the Franchise Tax Board,
Fannie Mae, the United States Internal Revenue Service, trustees,
mortgage bankers, financial institutions, and the title insurance and
real estate industries.
SEC. 2. Section 27361.4 of the Government Code is amended to read:
27361.4. (a) The board of supervisors of any county may provide
for an additional fee of one dollar ($1) for filing every instrument,
paper, or notice for record, in order to defray the cost of
converting the county recorder's document storage system to
micrographics. Upon completion of the conversion and payment of the
costs therefor, this additional fee shall no longer be imposed.
(b) The board of supervisors of any county may provide for an
additional fee, other than the fees authorized in subdivisions (a)
and (c), of one dollar ($1) for filing every instrument, paper, or
notice for record provided that the resolution providing for the
additional fee establishes the days of operation of the county
recorder's offices as every business day except for legal holidays
and those holidays designated as judicial holidays pursuant to
Section 135 of the Code of Civil Procedure.
(c) The board of supervisors of any county may provide for an
additional fee, other than the fees authorized in subdivisions (a)
and (b), of one dollar ($1) for filing every instrument, paper, or
notice for record provided that the resolution providing for the
additional fee requires that the instrument, paper, or notice be
indexed within two business days after the date of recordation.
(d) The board of supervisors of any county may provide for an
additional fee, other than the fee provided for in subdivisions (a),
(b), and (c), of up to one dollar ($1) per document for recording a
document electronically. This additional fee may be charged for up
to ____ five years after the
implementation of an electronic recording system.
SEC. 3. Article 6 (commencing with Section 27390) is added to
Chapter 6 of Division 2 of Title 3 of the Government Code, to read:
Article 6. Electronic Recording Delivery System Act of 2003
27390. (a) This article shall be known and may be cited as the
Electronic Recording Delivery System Act of 2003.
(b) For purposes of this article, the following definitions shall
apply:
(1) "Authorized staff" means either of the following:
(A) Any employee, contractor, designee, or agent of an authorized
submitter to an electronic recording delivery system.
(B) Any employee, contractor, designee, or agent of a county
recorder who is entrusted with access to the electronic recording
delivery system.
(2) "Authorized submitter" means any of the following entities
that has complied with this article, including any regulations
adopted pursuant to this article, and who have contracted with a
county recorder to electronically record documents:
(A) An entity, agency, branch, or instrumentality of local, state,
or federal government.
(B) A licensed title insurance company as defined in Section
12340.4 or 12340.5 of the Insurance Code, or an escrow company
subject to Chapter 2 (commencing with Section 17200) of Division 6 of
the Financial Code.
(C) The Federal National Mortgage Association (Fannie Mae) or the
Federal Home Mortgage Association (Freddie Mac).
(D) An institutional investor as defined in subdivision (i) of
Section 5003 of the Financial Code.
(E) Any additional submitter determined by a county recorder to be
eligible pursuant to Section 27391.
(3) "Computer security auditor" means accredited computer security
personnel, hired from either the public or private sector, to
perform an independent audit or review of the electronic recording
delivery system. The computer security auditor shall be independent
of the county and shall not be the same contractor hired to establish
or participate in that electronic recording delivery system or in
any other county's electronic recording delivery system.
(4) "Digital electronic record" means a record containing
information that is created, generated, sent, communicated, received,
or stored by electronic means, but not created in original paper
form.
(5) "Digitized electronic record" means a scanned image of the
original paper document.
(6) "Document" means an instrument or record that otherwise meets
the requirements of this article and affects the right or title to,
interest in, or possession of, real property.
(7) "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
(8) "Electronic document" means a document that is created,
generated, sent, communicated, or received by electronic means.
(9) "Electronic recording delivery system" means a system to
deliver for recording, and for return to the party requesting
recording, digitized electronic records affecting the right, title,
or interest in real property.
(10) "Electronic signature" means an electronic sound, symbol, or
process attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the
electronic record.
(11) "Security testing" means an independent computer security
audit, including, but not limited to, the use of computer security
auditors to attempt to penetrate an electronic recording delivery
system for the purpose of testing the security of that system.
Security testing, including penetration studies, shall be subject to
regulation by the Attorney General.
(12) "Source code" means a program or set of programs readable
and maintainable by humans, translated or interpreted into a form
that the electronic recording delivery system can execute.
(13) "System certification" means issuance of a confirmation
letter regarding a specific electronic recording delivery system by
the Attorney General. The system certification shall include any
agreements between the Attorney General as to the operation of the
electronic recording delivery system, including, but not limited to,
the frequency of computer security audits.
27391. In addition to any other person or entity described in
paragraph (2) of subdivision (b) of Section 27390 as an authorized
submitter, the county recorder may in his or her discretion determine
other persons or entities to be authorized submitters. The recorder
shall be guided in the exercise of his or her discretion by the
following factors:
(a) Whether accepting electronically delivered records from the
person or entity is in the best interest of the county and the
public.
(b) Whether the person or entity requesting access to the program
for the purpose of electronically delivering documents has effective
security precautions in place to safeguard against potential fraud
and forgery of documents during the electronic delivery process.
(c) Whether the person or entity requesting access demonstrates
the maintenance of sufficient financial ability to indemnify losses
for which it is responsible that might be suffered by the county or
members of the public. The recorder may in his or her sole discretion
consider or require net worth, maintenance of insurance or bonding,
access to indemnity or fidelity funds, other evidences of financial
ability, or any combination thereof.
(d) Whether the volume and quality of electronic records submitted
will be sufficient to warrant electronic delivery.
(e) Whether factors of cost, capacity, or security require the
limitation of the provision of access to persons requesting to
participate, based upon business reasons for recording documents,
scope of authority under a license, if any, and volume of documents
recorded in previous years.
27392. (a) A county recorder may establish an electronic
recording delivery system in accordance with this article.
(b) Any system developed pursuant to this article shall provide
for proper offsite archival procedures in accordance with guidelines
developed pursuant to Section 12236.
(c) Any system developed pursuant to this article shall require a
governing contractual relationship between the recorder and each
authorized submitter that includes, but need not be limited to, the
following components:
(1) A requirement that the submitter comply with this article and
any implementing regulations.
(2) Provisions governing the identification and supervision of
authorized staff.
(3) Mutually agreed upon standards of operation of the electronic
recording delivery system.
(4) Permission by the submitter for security testing.
(5) A provision specifying that the agreement may be terminated at
any time.
(d) Notwithstanding Section 27203, a recorder may refuse to enter
an agreement with an authorized submitter, or may refuse to accept an
electronically delivered document from an authorized submitter
whenever any of the following occur:
(1) The submitter or authorized staff has been convicted of a
crime related to fraud or dishonesty.
(2) The recorder reasonably believes that the submitter or
authorized staff has engaged in improper conduct relating to the
recording of documents.
(3) The recorder reasonably believes that the submitter or
authorized staff has violated any provision of the contractual
agreement required by this article.
(e) The county recorder may terminate access to any electronic
recording delivery system, or any part of a system, or may terminate
access of any authorized submitter, or any authorized staff, at any
time he or she deems it necessary to protect the public interest, to
protect the integrity of public records, to protect homeowners or
real property owners from financial harm, or in the event an
authorized submitter or its agents or employees violates any rules or
regulations established by the county recorder for maintenance of
the system. No cause of action or liability against the county
recorder or any government agency shall arise from the decision of
the county recorder to terminate or deny access of any person to the
electronic recording delivery system.
27393. (a) To be eligible to establish an electronic recording
delivery system, a county or county recorder shall contract with, and
obtain a report from, a computer security auditor selected from a
list of computer security auditors approved by the Attorney General.
(b) The Attorney General shall approve computer security auditors
on the basis of significant experience in the evaluation and analysis
of Internet security design, the conduct of security testing
procedures, and specific experience performing Internet penetration
studies.
(c) The Attorney General shall complete the approval of security
auditors within 90 days of a request from a county recorder. The
list shall be a public record. The computer security auditor shall
conduct ongoing monitoring of the electronic recording delivery
system and issue periodic reports, with the frequency of monitoring
and reporting to be determined by regulation. The reports of the
computer security auditor shall include, but not be limited to, all
of the following considerations:
(1) Safety and security of the proposed system, including the
vulnerability of the electronic recordation system to fraud or
penetration.
(2) Results of testing of the system's protections against fraud
or intrusion, including security testing and penetration studies.
(3) Recommendations of any additional precautions or provisions
needed to ensure that the proposed system is as secure and protects
the integrity of the recorder's records.
(d) Upon completion, the reports and any response to any
recommendations shall be transmitted to the board of supervisors, the
county district attorney and the Attorney General. A county may not
begin an electronic recording delivery system until security
testing, as defined in paragraph (11) of subdivision (b) of Section
27390, has demonstrated that the system is secure and system
certification has occurred. The Attorney General shall not approve
any electronic recording delivery system, unless it fulfills the
requirements of this article and the regulations of the Attorney
General.
(e) An electronic recording delivery system shall be audited, at
least once during the first year of operation and periodically
thereafter, as set forth in regulation and in the system
certification, by a computer security auditor. The nature and scope
of the audit shall conform to this article and regulations adopted
pursuant to this article. Audit reports shall be submitted to the
Attorney General, the county district attorney, and the county
recorder. In conducting the audit, the primary role of the computer
security auditor shall be to protect the public interest and ensure
that electronic recording delivery systems are reliable and secure.
(f) A computer security auditor shall have access to any aspect of
an electronic recording delivery system, in any form requested.
Auditor access shall include, but not be limited to, permission for a
thorough examination of source code and the associated approved
escrow facility, and necessary authorization and assistance for a
penetration study of that system.
(g) If the county recorder, a computer security auditor, a
district attorney for a county participating in the electronic
recording delivery system, or the Attorney General reasonably
believes that an electronic recording delivery system is vulnerable
to fraud or intrusion, the county recorder, the board of supervisors,
the district attorney, and the Attorney General shall be immediately
notified. The county recorder shall immediately take the necessary
steps to guard against any compromise of the electronic recording
delivery system, including, if necessary, the suspension of the
electronic recording delivery system.
27394. (a) In lieu of the requirements set forth in Section
27321, after acceptance for recording, the county recorder shall
electronically transmit a copy of each recorded electronic document
accepted under this article to the authorized submitter. The
authorized submitter shall be responsible for mailing either by
United States Postal Service or electronically a copy of the recorded
electronic document to the address specified in the instructions for
mailing upon completion of recording.
(b) When a signature is required to be accompanied by a notary's
seal or stamp, that requirement is satisfied if the electronic
signature of the notary contains all of the following:
(1) The name of the notary.
(2) The words "Notary Public."
(3) The name of the county where the bond and oath of office of
the notary are filed.
(4) The sequential identification number assigned to the notary,
if any.
(5) The sequential identification number assigned to the
manufacturer or vendor of the notary's physical or electronic seal,
if any.
(c) In addition to, and notwithstanding Section 27361.5, a county
recorder, with approval by resolution of the board of supervisors,
may require, but need not be limited to, the following index
information on the first page or sheet of a digital or digitized
electronic document presented for recording:
(1) The parcel identifier number of the real estate.
(2) The address of the real estate, to the extent available.
(3) The name of the authorized submitter presenting the document
for recording.
(4) The name of the authorized requestor of a document for
recording.
(5) The marital, corporate, partnership, or other similar legal
status of a person who is a party to the document.
(6) The date of the document.
(7) The number of pages or sheets contained in the record,
including the first page or sheet.
(8) The transmittal information to identify the sender and provide
recording record information.
27395. (a) (1) All individuals who are entrusted with access to
the electronic recording delivery system as authorized staff, or a
computer security auditor, shall submit two 8 by 8 fingerprint cards
bearing the legible rolled and flat impressions of their fingerprints
together with a personal description, prepared by a local public law
enforcement agency, which shall transmit the card to the Bureau of
Criminal Identification and Information in the Department of Justice.
Positions subject to this subdivision shall be determined by
regulation and shall be set forth in a county's system certification.
(2) The Attorney General may utilize an alternate system of
examining fingerprints if that system meets the same standard of
reliability and security set forth in this subdivision and is
approved and operated by the Department of Justice.
(3) The Department of Justice may forward one copy of the
applicant's fingerprint cards to the Federal Bureau of Investigation
for the purpose of obtaining any record of previous out-of-state
conviction of an applicant.
(b) The Department of Justice shall ascertain whether an
individual applicant authorized staff or an individual applicant
computer security auditor has suffered a felony conviction or a
misdemeanor conviction for theft, fraud, or moral turpitude,
including whether the individual applicant has
pending criminal charges within the State
of California. No individual applicant classified as authorized
staff or as a computer security auditor may be employed in the
security status of having access to the electronic recording delivery
system, if he or she has suffered a felony conviction or misdemeanor
conviction for theft, fraud, or crimes of moral turpitude, nor may
the applicant have pending criminal charges of felony violations or
allegations of misdemeanor charges for theft, fraud, or crimes of
moral turpitude, as detailed in the criminal history information that
is reviewed by the Department of Justice. A plea or verdict of
guilty or a finding of guilt by a court in a trial without a jury for
forfeiture of bail is deemed to be a conviction within the meaning
of this article, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing the
withdrawal of the plea of guilty and entering of a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusations or information.
(c) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the fingerprint submission and to cover
the cost of the Department of Justice maintaining and storing all
applicant records.
(d) Once the Department of Justice has ascertained the criminal
history information of an applicant, it shall forward a written
notification of criminal convictions or pending criminal charges, or
both, to the division of the Office of the Attorney General charged
with oversight duties regarding this article.
(e) The Attorney General shall deliver written notification of an
applicant's ineligibility for access to an electronic recording
delivery system to an applicant, his or her known employer, whether
it be a public or private employer, to the related authorized
submitter, and to the county recorder of the jurisdiction where the
applicant seeks access to an electronic recording delivery system.
27396. County recorders are encouraged to experiment with notices
to property owners to help them become aware of possible fraudulent
or erroneoues recordings against their properties.
27397. (a) The Attorney General shall, in consultation with the
County Recorders Association of California and the California
District Attorneys Association, adopt regulations establishing
standards for the review and approval by county recorders of systems
and processes to conduct electronic recording and providing for the
regulatory oversight of electronic recording delivery systems.
Regulations shall be adopted pursuant to the Administrative
Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3.
(b) No electronic recording delivery system may become operational
without the approval of the Attorney General pursuant to applicable
regulations adopted pursuant to this article.
(c) The regulations shall include general guidelines relating to
security, capacity, reliability, and uniformity, and shall comply
with Section 12168.7. The regulations shall establish minimum
standards to ensure that a county recorder has the capability of
identifying security problems that may make the system susceptible to
fraud or any attempt to tamper with official records, and shall
establish specific guidelines, including the approximate frequency of
security testing, and standards for security and security testing.
(d) The regulations governing security shall require that each
electronic recording delivery system comply with all requirements
deemed by the Attorney General to be consistent with the public
interest in electronic recording delivery systems being as reliable
and secure as possible.
(e) The regulations shall also contain all of the following:
(1) A statement of a uniform definition of the term "source code"
consistent with this article and applicable to every electronic
recording delivery system throughout the State.
(2) The placement of an exact copy of each source code associated
with each approved electronic recording project in an approved escrow
facility prior to that system's first use.
(3) A requirement that any modification to a source code held in
escrow that is associated with an approved electronic recording
delivery system be approved by the Attorney General.
(4) An expression of standardized policies and procedures for the
establishment and operation of approved escrow facilities.
(5) Establishment of baseline technological and procedural
specifications for electronic recording delivery systems.
(f) Regulations may also provide for initial certification of
vendors offering software and other services to counties for
electronic recording delivery systems.
(g) The Attorney General shall monitor the security of electronic
recording delivery systems statewide, in close cooperation with
county recorders. In the event of an emergency involving multiple
fraudulent transactions linked to one county's use of an electronic
recording delivery system, the Attorney General may order the
suspension of electronic recording delivery systems in any county or
in multiple counties, if necessary to protect the security of the
system, for a period of up to seven calendar days.
(h) The Attorney General or a district attorney may initiate an
action for declaratory or injunctive relief pertaining to any alleged
violation of this article or regulations adopted pursuant to this
article.
(i) An electronic recording delivery system shall be subject to
local inspection and review by the Attorney General. The Attorney
General shall furnish a statement of any relevant findings associated
with a local inspection to the county recorder of the inspected
electronic recording delivery system and to all technology vendors
associated with that system.
27398. (a) Subject to the approval of their respective boards of
supervisors, up to 12 counties may participate in an electronic
recording pilot project utilizing digital electronic records to
record real property documents.
(b) Except as set forth in this section, the requirements
contained in this article shall apply to an electronic recording
pilot project implemented under this section.
(c) The Attorney General may enact any additional regulations
necessary to ensure the security of a system based upon digital
electronic records, including regulations related to the acceptance
of a document containing an electronic signature or digital
notarization.
(d) The Attorney General shall conduct an evaluation of the pilot
projects and report to both houses of the Legislature on or before
June 30, 2007. The Legislature may, based on this evaluation,
consider whether the pilot project should be expanded or extended, or
limited or terminated.
(e) Subject to the requirements of this article, a pilot project
established under subdivision (a) that is in lawful operation on June
30, 2007, may continue in operation until December 31, 2010.
(f) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
27399. (a) Nothing in this article shall be construed to
authorize any public agency to intrude upon the autonomy or business
practices of the county recorders of the State of California in any
manner not specifically set forth in this article.
(b) If a district attorney or county counsel for a county
developing an electronic recording delivery system or the Attorney
General reasonably believes that a system operated pursuant to this
article has been compromised by fraud or intrusion, he or she shall
immediately take the necessary steps to alert the county recorder to
guard against any compromise of the system that may result in the
suspension of electronic recording.
27399.5. The authority granted in this article is in addition to
any other authority or obligation under California or federal law.
Nothing in this article shall be construed to repeal or affect
Section 27279, 27279.1, 27279.2, or 27279.3.