Electronic Recording Delivery Act of 2004

Cal. GOV § 27393

California Statutes

(

a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division 3). The regulations shall comply with

Section 12168.7. (

b) The regulations adopted pursuant to subdivision (

a) may include, but need not be limited to, all of the following:

(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems.

(2) Requirements for security, capacity, reliability, and uniformity.

(3) Requirements as to the nature and frequency of computer security audits.

(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (

b) of

Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system.

(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use.

(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General.

(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems.

(8) Requirements for system certification and for oversight of approved systems.

(9) Requirements for general liability coverage required by subdivision (

c) of

Section 27391.

(10) Requirements for fingerprinting and criminal records checks required by

Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (

f) of that section.

(11) Requirements for uniform index information that shall be included in every digitized or digital electronic record.

(12) Requirements for protecting proprietary information accessed pursuant to subdivision (

e) of

Section from public disclosure.

(13) Requirements for certification under

Section 27397.5. (

c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article. (

d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system. (

e) This

section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 27393
Date2017-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV27393.20163805

Electronic Recording Delivery Act of 2004

Cal. GOV § 27393

California Statutes

Electronic Recording Delivery Act of 2004

Cal. GOV § 27393

California Statutes

(

a) The Attorney General shall, in consultation with interested parties, adopt regulations for the review, approval, and oversight of electronic recording delivery systems. Regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division 3). The regulations shall comply with

Section 12168.7. (

b) The regulations adopted pursuant to subdivision (

a) may include, but need not be limited to, all of the following:

(1) Establishment of baseline technological and procedural specifications for electronic recording delivery systems.

(2) Requirements for security, capacity, reliability, and uniformity.

(3) Requirements as to the nature and frequency of computer security audits.

(4) A statement of a detailed and uniform definition of the term “source code” consistent with paragraph (7) of subdivision (

b) of

Section 27390, and as used in this article, and applicable to each county’s electronic recording delivery system.

(5) Requirements for placement of a copy of the operating system, source code, compilers, and all related software associated with each county’s electronic recording delivery system in an approved escrow facility prior to that system’s first use.

(6) Requirements to ensure that substantive modifications to an operating system, compilers, related software, or source code are approved by the Attorney General.

(7) Procedures for initial certification of vendors offering software and other services to counties for electronic recording delivery systems.

(8) Requirements for system certification and for oversight of approved systems.

(9) Requirements for general liability coverage required by subdivision (

c) of

Section 27391.

(10) Requirements for fingerprinting and criminal records checks required by

Section 27395, including a list of employment positions or classifications subject to criminal records checks under subdivision (

f) of that section.

(11) Requirements for uniform index information that shall be included in every digitized or digital electronic record.

(12) Requirements for protecting proprietary information accessed pursuant to subdivision (

e) of

Section from public disclosure.

(13) Requirements for certification under

Section 27397.5. (

c) The Attorney General may promulgate any other regulations necessary to fulfill his or her obligations under this article. (

d) An electronic recording delivery system shall be subject to local inspection and review by the Attorney General. The Attorney General shall furnish a statement of any relevant findings associated with a local inspection of an electronic recording delivery system, to the county recorder and the district attorney of the affected county, and to all technology vendors associated with that system. (

e) This

section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 27393
Date2017-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV27393.20163805