BILL NUMBER: AB 827	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Yamada
    (   Coauthor:   Assembly Member  
Beall   ) 

                        FEBRUARY 26, 2009

   An act to add Section 26158 to the Government Code, relating to
records.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 827, as amended, Yamada. Records.
   Existing law requires the county recorder to charge and collect
certain fees for the filing or recording of various property-related
instruments, papers, or notices.
   This bill would authorize a county board of supervisors to
 impose a fee, not to exceed $3 for the first page and $1 for
any subsequent pages, for the archiving of historical county
records, including, but not limited to, records pertaining to real
property, local agency meetings and actions, roads and other public
works, and other records of general public or historical interest, as
specified   provide for the archiving of historical
county records, including, but not limited to, records pertaining to
real property, local agency meetings and actions, roads and other
public works, and other   records of general public or
historical interest. The bill would authorize the board of
supervisors to adopt and impose a fee on the recording of
property-related documents, the amount of which would be prohibited
from exceeding the estimated reasonable cost of providing archival
services with regard to these documents, but not more than $3 per
document.  
   The bill would authorize the county recorder to expend the
proceeds from the fee only to defray the cost of providing archival
services in connection with property-related documents, as specified,
and would require these archival services to conform with certain
professional practices. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 26158 is added to the Government Code, to read:

   26158.  The board of supervisors may provide for the archiving of
historical county records, including, but not limited to, records
pertaining to real property, local agency meetings and actions, roads
and other public works, and other records of general public or
historical interest. For purposes of funding these activities, the
board of supervisors may adopt and impose a fee on the recording of
documents. This fee shall not exceed the estimated reasonable cost of
providing the services authorized by this section, and shall not
exceed three dollars ($3) for the first page and one dollar ($1) for
any subsequent pages. 
    26158.   (a) The board of supervisors may provide for
the archiving of historical county records, including, but not
limited to, records pertaining to real property, local agency
meetings and actions, roads and other public works, and other records
of general public or historical interest.
   (b) For purposes of funding a portion of the cost of the
activities specified in subdivision (a), the board of supervisors may
adopt and impose a fee on the recording of property-related
documents that refer to one or more previously recorded documents,
previously archived documents, or both. This fee shall be set at an
amount that does not exceed the estimated reasonable costs of
providing the archival services authorized by this section with
respect to deeds, indentures, surveys, parcel and subdivision maps,
and other property-related documents, but shall not exceed three
dollars ($3) per document.
   (c) The board of supervisors shall direct the county recorder to
deposit the fees collected pursuant to this section into a special
fund. The county recorder may expend the proceeds from the fund only
to defray the cost of providing archival services in connection with
property-related documents, including, but not limited to, all of the
following:
   (1) Costs associated with indexing those documents.
   (2) Providing reasonable access to those documents, and assisting
the public with regard to those documents.
   (3) Preserving those documents in a manner that ensures their
physical integrity, security, and longevity.
   (d) The archival services provided by a county recorder that are
funded by the proceeds generated by the fee imposed pursuant to this
section shall conform with the professional practices recommended by
the Society of American Archivists for the management, care, and
preservation of historical records.