CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 794Introduced by Assembly Member GallagherFebruary 15, 2017 An act to amend Section 27203 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 794, as introduced, Gallagher. County recorder.Existing law provides that any recorder to whom an instrument proved or acknowledged according to law or any paper or notice that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of damages if he or she commits specified acts.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 27203 of the Government Code is amended to read:27203. (a) Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:(1) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it. This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorders refusal to record the document. The form shall include a section stating the recorders reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.(c) Neglects or refuses to keep in his or her office or to make the proper entries in the indices required by this chapter.(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorders office. The recorder may make marginal notations on records as part of the recording process.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 794Introduced by Assembly Member GallagherFebruary 15, 2017 An act to amend Section 27203 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 794, as introduced, Gallagher. County recorder.Existing law provides that any recorder to whom an instrument proved or acknowledged according to law or any paper or notice that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of damages if he or she commits specified acts.This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 794
Introduced by Assembly Member GallagherFebruary 15, 2017
Introduced by Assembly Member Gallagher
February 15, 2017
An act to amend Section 27203 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 794, as introduced, Gallagher. County recorder.
Existing law provides that any recorder to whom an instrument proved or acknowledged according to law or any paper or notice that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of damages if he or she commits specified acts.This bill would make a nonsubstantive change to this provision.
Existing law provides that any recorder to whom an instrument proved or acknowledged according to law or any paper or notice that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of damages if he or she commits specified acts.
This bill would make a nonsubstantive change to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 27203 of the Government Code is amended to read:27203. (a) Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:(1) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it. This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorders refusal to record the document. The form shall include a section stating the recorders reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.(c) Neglects or refuses to keep in his or her office or to make the proper entries in the indices required by this chapter.(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorders office. The recorder may make marginal notations on records as part of the recording process.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 27203 of the Government Code is amended to read:27203. (a) Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:(1) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it. This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorders refusal to record the document. The form shall include a section stating the recorders reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.(c) Neglects or refuses to keep in his or her office or to make the proper entries in the indices required by this chapter.(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorders office. The recorder may make marginal notations on records as part of the recording process.
SECTION 1. Section 27203 of the Government Code is amended to read:
### SECTION 1.
27203. (a) Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:(1) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it. This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorders refusal to record the document. The form shall include a section stating the recorders reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.(c) Neglects or refuses to keep in his or her office or to make the proper entries in the indices required by this chapter.(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorders office. The recorder may make marginal notations on records as part of the recording process.
27203. (a) Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:(1) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it. This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorders refusal to record the document. The form shall include a section stating the recorders reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.(c) Neglects or refuses to keep in his or her office or to make the proper entries in the indices required by this chapter.(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorders office. The recorder may make marginal notations on records as part of the recording process.
27203. (a) Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:(1) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it. This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorders refusal to record the document. The form shall include a section stating the recorders reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.(c) Neglects or refuses to keep in his or her office or to make the proper entries in the indices required by this chapter.(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorders office. The recorder may make marginal notations on records as part of the recording process.
27203. (a) Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which that may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasioned thereby, if he or she commits any of the following acts:
(1) Neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it. This subdivision shall not apply to an instrument, paper, or notice that the recorder has determined to be an unrecordable document pursuant to this chapter. Nothing in this subdivision shall preclude the application of Section 27201.
(2) The recorder may provide, to any person presenting a document the recorder determines to be an unrecordable document, a form stating that the person has the right to judicial review in a court of competent jurisdiction of the recorders refusal to record the document. The form shall include a section stating the recorders reason for refusing the document. The form shall provide notice that it is a public offense to further attempt to record the document without an order of the court as provided by Section 27204. The recorder shall keep a correct copy of the refused document. In the event the document is determined by the court to be a recordable document, the recorder shall pay the filing fees for the review, and shall record the document within a reasonable time.
(b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapter.
(c) Neglects or refuses to keep in his or her office or to make the proper entries in the indices required by this chapter.
(d) Alters, changes, obliterates, or inserts any new matter in any records deposited in the recorders office. The recorder may make marginal notations on records as part of the recording process.