HomeMy WebLinkAbout12-119RESOLUTION APPROVING THE COUNTY OF BUTTE TO ESTABLISH
AN ELECTRONIC RECORDING DELIVERY SYSTEM (ERDS)
Resolution No. 12-119
WHEREAS, Assembly i3i11578, Chapter 621, September 21, 2004 added to the Government Code, Chapter 6,
sections 27390 through 27399, and established the Electronic Recording Delivery Act (ERDA) of 2004. Government Code
section 27391(a~ authorizes a County Recorder upon approval by resolution of the Board of Supervisors to establish an
electronic recording delivery system (ERDS), for the delivery, and, when applicable, return of specified digitized
electronic records and digital electronic records upon system certification by the State of California, Department of
Justice ERDS Program.
WHEREAS, the State of California, Department of Justice's ERDS Program has established regulations and has
been delegated the authority for system certification, regulations and oversight of Electronic Recording Delivery Systems
and the County Recorder shall comply with all ERDS regulations; and
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby adopts a resolution
approving the County of Butte's participation in ERDS; and approves the County Recorder to:
+ Participate in aMulti-County ERDS for Type 1 and Type 2 instruments; and
• Conduct all negotiations, execute and submit all documents necessary for the establishment of an
Electronic Recording Delivery System with County Counsel review and approval; and
• Enter into a Memorandum of Understanding with the ERDS Program, before system certification,
agreeing to the computer System Administration Fee and annually thereafter by an addendum to the
Memorandum of Understanding; and
• Issue payments to the ERDS Program far the County of Butte's proportionate share of the System
Administration Fee.
BE IT FURTHER RESOLVED, that the County Recorder shall:
• Submit an application for system certification to the ERDS Program; and, in doing so, will comply with
the California Code of Regulations, Title 11, Division 1, Chapter 18, Articles 1 through 9; and
• Designate those individuals w.ho will have secure and authorized access to an ERDS comply with
Government Code section 27395(6); and
• Pursuant to California Penal Code section 11105.2(d), notify the ERDS Program if an individual that has
secure access no longer requires that access; and
• Notify the Board of Supervisors, District Attorney, Computer Security Auditor on contractual agreement,
and ERDS Program if there are any known or suspected security violations that compromises the safety
and/or security of the ERDS; and
• Notify the ERDS Program if there is a change of County Recorder; and
• Notify the ERDS Program if the County wishes to withdraw their system certification.
PASSED AND ADOPTED, by the Board of Supervisors, County of Butte, State of California, this 6th day of
November, 2012, by the following votes:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
ATTE5T:
Paul Hahn C~~f Ad inistrative 1
Clerk of th~e'Bo~ar ,~p~rvisors
By:
Steve Lambert air
Board of Sup isors
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