Heather Hadwick

Existing law establishes the office of county recorder and requires the county recorder to accept for recordation any instrument, paper, or notice that is authorized or required to be recorded, subject to the collection of specified fees.

This bill would require the county recorder to provide access to a true copy of the public record for each recorded instrument, paper, or notice, as specified. By imposing new duties on county recorders, the bill would impose a state-mandated local program.

Existing law prohibits the fee for recording and indexing an instrument, paper, or notice from exceeding $10 for recording the first page and $3 for each additional page, which charges are to reimburse the county for the costs of services rendered. Existing law requires the county recorder to impose additional recording fees of $1 per page for nonconforming print spacing and $3 per page for nonconforming page dimensions. Existing law requires $1 of each $3 fee for each additional page to be deposited in the county general fund.

The bill would, instead, set the fee for recording and indexing at $15 for recording the first page and $4 for each additional page, and would prohibit the fees from exceeding the reasonable costs of the county recorder's office for providing these services. The bill would delete the provisions requiring $1 and $3 fees for nonconforming spacing and page dimensions, and $1 of each $3 fee for each additional page to be deposited in the county general fund. The bill would require the county recorder collecting a prescribed fee to implement an electronic recording delivery system, and would provide that various other fees are restricted, as prescribed, or solely for the county recorder's office, as specified.

Existing law authorizes a county recorder to charge an additional fee of $1 for specified documents requiring additional indexing based on the number of names listed and for each reference to a previously recorded document, other than the first such reference, as specified.

The bill would repeal these provisions and make conforming changes.

Existing law requires the fee for recording every release of lien, encumbrance, or notice executed by the state, or any municipality, county, city, district, or other political subdivision, to be a certain amount on January 1 of the year the release is recorded if the original lien, encumbrance, or notice was recorded without fee, as specified.

This bill would, instead, calculate that fee as of January 1 of the year the original lien, encumbrance, or notice was recorded without fee, as specified.

Upon approval by resolution of the board of supervisors and system certification by the Attorney General, existing law authorizes a county recorder to establish an electronic recording delivery system, as specified. Upon system certification, existing law authorizes a county recorder to enter into a contract with any of specified entities for the delivery for recording, and return to the party requesting recording, a digitized electronic record, as specified. Until January 1, 2027, existing law authorizes a county recorder to enter into a contract with an entity other than those specified, as described above, if certain requirements are met.

This bill would remove the repeal date of January 1, 2027, and make various conforming changes.

Existing law authorizes a county recorder to include in the county's electronic delivery system a secure method for accepting for recording a digital or digitized electronic record that is an instrument of reconveyance, substitution of trustee, or assignment of deed of trust.

This bill would remove the limit of the above provisions to those types of documents.

The bill would include related legislative findings concerning county recorders and county recorder fees.

By imposing new duties on counties relative to recording fees, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.