California Government Code 27397 – (a) A county establishing an electronic recording delivery …
(a) A county establishing an electronic recording delivery system pursuant to this article shall pay for the direct cost of regulation and oversight by the Attorney General.
(b) The Attorney General may charge a fee directly to a vendor seeking approval of software and other services as part of an electronic recording delivery system. The fee shall not exceed the reasonable costs of approving software or other services for vendors.
Terms Used In California Government Code 27397
- Contract: A legal written agreement that becomes binding when signed.
- County: includes city and county. See California Government Code 19
- Instrument: as used in this chapter , means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty. See California Government Code 27279
- Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(c) In order to pay costs under this section, a county may do any of the following:
(1) Impose a fee in an amount up to and including one dollar ($1) for each instrument, paper, or notice that is recorded by the county. This fee may, at the county’s discretion, be limited to instruments, papers, or notices that are recorded pursuant to the electronic recording delivery system.
(2) Impose a fee upon any vendor seeking approval of software and other services as part of an electronic recording delivery system.
(3) Impose a fee upon any person seeking to contract as an authorized submitter.
(d) The total fees assessed by a county recorder pursuant to this section may not exceed the reasonable total costs of the electronic recording delivery system, the review and approval of vendors and potential authorized submitters, security testing as required by this article and the regulations of the Attorney General, and reimbursement to the Attorney General for regulation and oversight of the electronic recording delivery system.
(e) Fees paid to the Attorney General pursuant to subdivisions (a) and (b) shall be deposited in the Electronic Recording Authorization Fund which is hereby created in the State Treasury, and, notwithstanding Section 13340, is continuously appropriated, without regard to fiscal years, to the Attorney General for the costs described in those subdivisions. Moneys deposited in the Electronic Recording Authorization Account prior to the effective date of the amendments to this subdivision made during the 2015 Regular Session shall be immediately transferred to the Electronic Recording Authorization Fund.
(Amended by Stats. 2018, Ch. 467, Sec. 14. (SB 1498) Effective January 1, 2019.)