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HomeMy WebLinkAboutMINUTES - 01182000 - SD2 r.o: BOARD OF SUPERVISORSOntl' FROM: Costa PHIL BATCHELOR, COUNTY ADMINISTRATOR County DATE: January 12, 2000 SUBJECT: LEGISLATION: AB 1732 (TORLAKSON) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ACKNOWLEDGE that the Board of Supervisors is the SPONSOR of AB 1732 (Torlakson) which would allow the Recorder to accept electronic documents for recording. BACKGROUND: Item 8 in the Board's 2000 Legislative Program reads as follows: "8. SPONSOR legislation which would allow the Clerk-Recorder to accept electronically recorded documents in lieu of paper documents under certain circumstances." Assemblyman Tom Torlakson has agreed to author this issue for the Board and has introduced AB 1732 for this purpose. It is, therefore, appropriate for the Board to acknowledge that AB 1732 is sponsored by the Board of Supervisors as a part of its 2000 Legislative Program. TTACHMENT: �L—„Y•F5 SIGNATURE: _11"'_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .,_APPROVE OTHER SIGNATURES: Z_ ACTION OF BOARD ON January 18, 2000 —APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT =- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED O THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISO ON THE DATE SHOWN. County Administrator County Clerk-Recorder ATTESTED ` Contact:Les Spahnn; Heim, Noack, Kelly&Spahnn IL BATCHELo LERK OF THE BOARD OF cc: 1121 L Street,Suite 100 SUPERVISORS AND COUNTY ADMINISTRATOR Sacramento,CA 95814 Assemblyman Tom Torlakson Room 203,State Capitol Sacramento,CA 95814 BY DEPUTY 143 O n u s Stephan L.Weir Office of the recorder County Clerk-Recorder Costa Barbara Chambers 730 Las Juntas Street County t Assistant County Recorder P.O. Box 350 C V 1,..�nt Martinez,California 94553-1224 (510)646-2360 raroea. Report to the Board of Supervisors Electronic Recording January 18, 2000 Stephen L Weir, County Recorder Discussion Topic One, Electronic Recording Discussion Topic Two, Electronic Commerce Electronic Recording: * Brief History (Attached) * Paperless Office * Three Years of Digitized Images * AB 1732, Allowing Contra Costa to Electronically Record (Attached) Electronic Commerce: * On Line Clerk/Recorder's Index (Attached) * On Line Document Ordering (Attached) * Future On Line Electronic Commerce Options t Brief History of Electronic Recording California Law requires that a Recorder see original signatures and original acknowledgments (notary) when recording property records. Orange and San Bernardino Counties have been given special pilot program legislation allowing them to record documents electronically from title companies. The Orange County experience has been very successful. They have recorded over 600,000 documents since May 17, 1997. Because of this program, they have reduced recording fees, reduced staffing levels, and reassigned back office employees to front line public service positions. The Title Companies have been extremely happy with the ability to send documents to the Recorder electronically. Now, several other industries, including mortgage bankers, trust attorneys, realtors, and others are "chomping-at-the-bit" to join this program. However, the integrity of our property records is paramount. Guaranteeing against fraud is essential for any successful electronic recording system. Therefore, we are asking to be added to the pilot program legislation. Contra Costa will be different in that we will use the intemet to receive documents. (Orange and San Bernardino Counties use a dedicated T1 line for transmission.) We believe that through encrypted (public/private) key technology, as well as the use of registered signatures and thumb print technology, we can demonstrate the viability of using the intemet for electronic recording. The Torlakson bill is designed to give us that opportunity. We have met with our Contra Costa Title Companies; all are interested in participating. We have selected First American Title as our pilot participant and they are ready to go. All we lack is the statutory authority to begin our pilot. CALIFORNIA LEGISLATURE--1999-2000 REGULAR SESSION ASSEMBLY BILL No. 1732 Introduced by Assembly Member Torlakson January 6, 2400 An act to amend Section 27279.1 of the Government Code, relating to local agency procedures. LEGISLATIVE COUNSELS DIGEST AB 1732, as introduced, Torlakson. Local agency procedures: recordable instruments. Existing law authorizes the county recorders in the Counties of San Bemardi.no and Orange to accept for recording, in lieu of a written paper document, a digitized image of a recordable instrument if specified conditions are, met. This bill would grant the same authority to the county recorder in Contra Costa County. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact asfollows: 1 SECTION 1. Section 27279.1 of the Government 2 Code is amended to read: 3 27279.1. (a) The recorders of San Bernardino 4 County, Contra Costa County, and Grange County may 5 accept, in lieu of a written paper document, a digitized 6 image of a recordable instrument if both of the following 7 conditions are met: 99 i AB 1732 —2— 1 (1) The requester and addressee for delivery of the 2 recorded image meets the criteria set forth in either 3 Section 27279.2 or 27279.3. 4 (2) The county recorder determines that accepting 5 electronically recorded documents from the requester is 6 in the best interest of the county and the public. Factors 7 the county recorder shall consider include, but are not 8 limited to, both of the following: 9 (A) Whether or not the volume and quality of 10 digitized instruments submitted by the requester will be 11 sufficient to warrant electronic recordation. 12 (B) 'Whether, in order to protect the county and the 13 public, the requester has effective security precautions 14 addressing potential fraud and forging of documents in 15 the electronic recordation process. 16 (b) The Legislature finds and declares that, because of 17 the unique circumstances applicable to the counties 18 referenced in subdivision (a), as regards the present 19 ability of these counties to process digitized images for 20 electronic recordation, a statute of general applicability 21 cannot be enacted within the meaning of subdivision (b) 22 of Section 16 of Article IV of the California Constitution. 0 99 , f STATE CAPITOL (�.(��y y}y COMMITTEE$: . P.O.BOX 942849 .G.a4�4Ui � SACRAMENTO,CA 94249.0011 ll.. CHAIR,TRANSPORTATION (916)319-2011 CHAIR,SELECT COMMITTEE ON FAX(916)319.2111 JOBS-HOUSING BALANCE 815 ESTUDILLO STREET ( M@MBER: MARTINEZ,CA 94553 , BUDGET (925)372.7990 (� HOUSING AND COMMUNITY FAX(925)372-0934 DEVELOPMENT JOINT GOVERNMENT CENTER LOCAL GOVERNMENT 420 W.3RD STREET TOM TORLAKSON AN 94509 (925)925)7 778-8-5790 ASSEMBLYMEMBER,ELEVENTH DISTRICT FAX(925)778.5174 @-MAIL:Tom.Torlakson a assembiy.cagov NEWS ADVISORY ASSEMBLYMEMBER TONT TOR.LAKSON IITHASSEMBLY DISTRICT For release Jan. 12, 2000. Contact: Robert Oakes Capitol: (916) 319-2011 Torlakson's 'Web site: httn://democrats.assembI ca. Qv/members/all/ TOM TOR.L,AKSON AUTHORS BILL TO LET CONTRA COSTA COUNTY CLERK- RECORDER ACCEPT DOCUMENTS ELECTRONICALLY SACRAMENTO—Contra Costa County will receive property documents electronically, make government more efficient, and allow easier recording of documents for anyone transferring properties, under legislation(AB 1732)by Assemblyman Tom Torlakson, D- Antioch. The Contra Costa County Clerk-Recorder would receive state authority to accept electronic versions of documents, rather than require recording to be done only on paper. "This bill would bring more benefits of e-commerce to county government," said Torlakson, a former Contra Costa County supervisor. Currently, the Contra Costa County Clerk-Recorder makes indexes of documents and some other information available via the Internet. But the department needs permission from the state to receive digital images of paper documents. Electronic recording will make transactions faster, easier, and simpler for title companies doing legally required filings. State law lets county recorders in San Bernardino and Orange counties accept a digitized image of a document, in lieu of a paper document. The bill would establish a pilot program allowing Contra Costa County to do the same. Torlakson, a member of the Assembly Local Government Committee, introduced AB 1732 in early January. The bill will be referred to a committee and heard in a few weeks. Printed on Recycled Paper Al$ San_Vranrisro Qronirir FAST BAY CONTRA COSTA COUNTY REPORT Torlakson Wants Electronic Filing of Some Documents MARTINEZ — Contra Costa would become the first county in Northern Califomia'to accept elec- tronic filing of documents involved in property transactions under a bill sponsored by Assemblyman Tom Torlakson, D-Antioch. Title companies have been press- ing for the option to submit grant deeds and other property-related forms by computer instead of on hard copy, and the county clerk-re-, cordees office is also eager for the' change because it will streamline record-keeping. But under current law,the Legis• lature has to grant permission for electronic filing.Only San Bernardi- no and Orange counties are now allowed to accept electronic filings. Other counties may ask to be in- cluded in Torlakson's bill. If the bill is approved, Contra Costa would probably start receiv- ing the forms over an Internet con- nection by Jan. 1, 2001$ said Assis- tant Recorder .Barbara Chambers. Paper filings would still be accepted. The county's index of property filings is available online at www.co.contra-costa.ca.uslde part /elect/Rindex.htmL But Chambers said the public cannot download the full documents, because state law forbids postings that include the names and phone numbers of elect- ed officials. c o o G c� O -� c► � � � V CA. °, CL x a ' 2 'ton g� ri CHS,, Q moCDto b—A d � to CL CD CD CL CDa Gi • s * a - _ � � " r— ��, h � `� CD 0 4 b ae 3 a n; it 11� f� 1! l{ l� yf ii h kk I ,7 2i 1 cr+ U ILA WOO • �. } w. Olt =3 111 S .1 I i i� i1 Pt4 fyI S 1j r Y -n 1 � Sc N. a— m , Cl) ra '.., toecooaso r, rr fu roIm 4 .,� td t S� I ;S i i I! s to 10 c� a. 3 r© o o a tD im dip im �� �� � ' 10 o 1a io f� !c fa I. I: JZ r t t M d d z - I � � i' I C i rNa o, 00 w w N to iia VA to I� to c;n CD CNC5 CD 57 cn ere w cnUh LA oo 0 " 6 b 0 b I` i 0 Contra Costa County Birth Document Order Form To receive your order, document number 000703600 Name: WEIR, BROOK MATTHEW please fill in the following information: (All fields MUST be filled out) Name: Steve weir Daytime Phone Number: 925-646-2955 Mailing Address: : 524 Main Street � City: Martinez � State: CA j ZIP Code: 94553 1 Number of Copies: ?� < Certified Copy($15.00) Please Select Shipment Method: 0 Postal($0.00) (+)Priority($15,50) Surcharge($5.00)(Charged by Credit Card Processing Company) Please Select Payment ' ' % ( VISA r=. MCA"h Corporate Number Method: ? ` � }r` 0 0 Please enter your account number: xxxx xxxx J —XX X-- = xxxx Please enter the expiration date: ; xxxx Continue Clear `. a JAN-07-2000 09:23 CONTRA COSTA CLERK P.01 y r Memo To: Les Spahnn Via Fax (916)441-4925 CC: Maude Van Marter From. Steve Weir, County Clerk-Recorder, Contra Costa County Re: Electronic Recording Pilot Legislation for Contra Costa Date: January 6, 2000 The Problem: Tmaging property documents (as opposed to directly microfilming documents)has been proven to be a superior process for many California Recorders. Receiving property documents, electronically, for recordation is the next logical step. However, only Orange and San Bernardino Counties are allowed to record documents electronically. (Orange County has been recording documents electronically since May 19, 1997 and their system has been very successful.) They use a process involving a dedicated T1 line for such recordings. The technology is advancing such that Contra Costa would like to be allowed to implement an internet model for recording documents under an expanded pilot program. Benefit to Customers: Many California Recorders are now using imaging technology in our recording process. The image technology allows us to process our documents more quickly and to produce our index by the close of that business day. (Contra Costa now has our indexes available on line.) This is important, especially to Title Insurance Companies as they must record each morning with full knowledge of what recorded the previous day. The Title Industry (as well as the banking, real estate, mortgage,and other businesses) are very excited with the prospects of beim able to record electronically and to be able to review, on line, indexes as-well- as being able to ultimately review actual recorded images on line. Benefits to Other Local Governments: The whole imaging approach to recording, storage,and retrieval of documents also benefits other local governments. We currently are able to share images with our Assessor whereas in the past, the assessor had to physically locate an employee and copy machine in our offices, look at each document, and copy those that would prompt a reassessment. Orange County has eliminated over time with,this program, reduced staff and reduced recording fees. Contra Costa expects, when fully implemented, to reduce staff by 7%, to reduce over time, and to reduce micrographic costs (and fees) when the law permits. We will also be able to shift staff from back-office support positions to direct customer service functions. bcc: Barbara Chambers Steve Weir,Clerk-Recorder 524 Main street, Martinez, CA 94553 (925)646-2955 fax(925)646-2836 TOTAL P.01