County recorders: fees.

Removed legislative finding (4) stating there would be a four-month implementation window prior to eliminating and adjusting fees to allow adequate time for public notice and real estate industry preparation.

Section 27361.3(a) corrected: the fee for recording a release of lien is now calculated as two times the first-page recording fee in effect on January 1 of the year the original lien was recorded without fee, rather than on January 1 of the year the release is recorded. This ensures the release fee matches what the original recording would have cost at the time it was originally filed.

The fee for recording a release of lien, encumbrance, or notice executed by the state or a political subdivision is now calculated as of January 1 of the year the original lien was recorded without fee, rather than January 1 of the year the release itself is recorded. This could result in lower fees for releases recorded years after the original lien if fees have increased over time.

Cross-references to Sections 27361.2 and 27361.8 were removed from multiple provisions (Sections 6103.8(g), 7171(d), and 7174(h)), replacing 'Sections 27361, 27361.2, 27361.4, and 27361.8' with 'Sections 27361 and 27361.4.' This is a conforming change following the bill's repeal of those two sections.

Old section numbering markers (e.g., 'SEC. 2.', 'SEC. 3.', 'SEC. 4.') that referenced prior version numbering were removed, reflecting renumbering of the bill's sections after earlier amendments.

Three new sections added: Section 6103.8 (exempting full state tax lien releases from fee-exemption provisions), Section 7171 (notice of state tax lien, including electronic filing authorization and fee payment requirements for out-of-state addresses), and Section 7174 (release of state tax lien, including taxpayer obligation to pay recording costs).

Section 27361.4 was removed from the list of sections directly amended by the bill, though it remains referenced in cross-references within the new state tax lien provisions.

State agencies must now pay standard recording fees under Sections 27361 and 27361.4 when a state tax lien notice or certificate of release reflects an out-of-state address as the taxpayer's last known address.

Sections 6103 and 27383 (which exempt certain government entities from recording fees) no longer apply to full releases executed under Section 7174, Public Resources Code Sections 4608 and 5003.7, or Revenue and Taxation Code Sections 2194, 11496, 12494, and 32362 where there is full satisfaction of the amount due.

Electronic or magnetic transmission, filing, recording, and indexing of state tax liens and related documents (releases, extensions, subordinations) is explicitly permitted, with facsimile signatures accepted on such documents.

Cross-references throughout the bill were updated to remove references to Sections 27361.2 and 27361.8 (which the bill repeals), changing references from 'Sections 27361, 27361.2, 27361.4, and 27361.8' to 'Sections 27361 and 27361.4.'

The agency recording a state tax lien may collect the cost of recording from the taxpayer in any manner provided by law for tax collection, and the cost of recording a certificate of release is an obligation of the taxpayer.

Recording fee for the first page increased from $10 to $15, and the fee for each additional page increased from $3 to $4. Fees are now capped at the reasonable costs of the county recorder's office.

The $1 per page surcharge for nonconforming print spacing and the $3 per page surcharge for nonconforming page dimensions are eliminated as no longer necessary due to technological advances.

The requirement that $1 of each $3 additional-page fee be deposited into the county general fund is deleted. All fees collected are now restricted to and solely utilized by the recorder's office.

Section 27361.2 (a $1 fee for each reference to a previously recorded document beyond the first) and Section 27361.8 (a $1 fee for each group of 10 names beyond the initial group) are repealed, eliminating per-reference and per-name indexing surcharges.

The $1 per-document fee previously tied to micrographics conversion is recharacterized as an archiving fee determined by the county recorder, extending it indefinitely rather than ending when conversion costs are recovered.

County recorders collecting the prescribed recording fee must implement an electronic recording delivery system on or before January 1, 2028.

County recorders must now provide access to a true copy of the public record for each recorded instrument, paper, or notice to facilitate public inspection. This imposes a state-mandated local program.

Authorized submitters using the electronic recording delivery system must provide proof of financial responsibility through a certificate of insurance evidencing general liability coverage, with the required amount set by the Attorney General through rule or regulation.

The bill now amends additional Government Code sections (27361.3, 27388.2, 27397.5) and amends and repeals Sections 27391 and 27393, broadening the scope of changes to electronic recording delivery systems.

The electronic delivery system provision is no longer limited to instruments of reconveyance, substitution of trustee, or assignment of deed of trust; it now applies to all documents consistent with Section 27201(a).

The January 1, 2027 repeal date for county recorder contracts with entities other than title insurers, underwritten title companies, institutional lenders, and government entities is removed, making those contracts permanent rather than temporary.

A new legislative finding requires a four-month implementation window prior to eliminating and adjusting fees, allowing time for public notice and real estate industry preparation.