BILL NUMBER: SB 537	INTRODUCED
	BILL TEXT


INTRODUCED BY  Senator Hughes

                        FEBRUARY 21, 1995

   An act to add Section 27388 to the Government Code, relating to
recordation fees, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 537, as introduced, Hughes.  Recordation fees.
   Existing law requires the county recorder, upon payment of proper
fees and taxes, to accept for recordation any instrument, paper, or
notice that is authorized or required by law to be recorded.
   This bill would provide that in addition to other recording fees,
upon the adoption of a resolution by the county board of supervisors,
a fee of $1 shall be paid at the time of recording of every
instrument, paper, or notice, as specified.  The bill would require
the fees collected to be paid to the Controller, and would specify
that the fees are continuously appropriated to district attorneys and
local law enforcement agencies for the purpose of determining,
investigating, and prosecuting real estate fraud crimes.
   Vote:  2/3.  Appropriation:  yes.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1. Section 27388 is added to the Government Code, to read:

   27388.  (a) In addition to any other recording fees specified in
this code, upon the adoption of a resolution by the county board of
supervisors, a fee of one dollar ($1) shall be paid at the time of
recording of every instrument, paper, or notice required or permitted
by law to be recorded within that county, except those expressly
exempted from payment of recording fees.  The fees, after deduction
of any incidental administrative costs incurred by the county in
carrying out this section, shall be paid quarterly to the Controller.

   (b) Notwithstanding Section 13340 of the Government Code, the
money paid to the Controller is continuously appropriated, without
regard to fiscal years, for the administrative costs of the
Controller, and for disbursement by the Controller to each county
which has adopted a resolution pursuant to subdivision (a), based
upon the number of documents recorded for an address within that
county.
   (c) Money allocated to a county shall be expended to fund programs
to enhance the capacity of local police and prosecutors to deter,
investigate, and prosecute real estate fraud crimes.  After
incidental expenses, 60 percent of those funds shall be distributed
to district attorneys and 40 percent of those funds to local law
enforcement agencies.  The funds distributed shall be expended for
the exclusive purpose of deterring, investigating, and prosecuting
real estate fraud crimes.
   (d) Any funds received by a county pursuant to this section that
are not expended to deter, investigate, or prosecute real estate
crimes within the following fiscal year shall be returned to the
Controller, to be disbursed to counties that have adopted resolutions
pursuant to this section or to the Department of Real Estate for the
exclusive purpose of deterring, investigating, or prosecuting real
estate fraud crimes.  A district attorney's office or a local law
enforcement agency that has undertaken investigations and
prosecutions which will continue into a subsequent program year may
receive nonexpended funds not exceeding 25 percent to the total
annual funding from the previous fiscal year.
   (e) No money collected pursuant to this section shall be expended
to offset a reduction in any other source of funds.