BILL NUMBER: AB 1919 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Davis
FEBRUARY 16, 2010
An act to amend Section 27585 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1919, as amended, Davis. Local government: county surveyor:
survey monument preservation fund.
Existing law authorizes the board of supervisors of a county to
establish a survey monument preservation fund and to impose a user
fee, not to exceed $10, to be charged and collected by the county
recorder as a condition to the filing or recording of any grant deed
conveying real property except for those grant deeds conveying lots
created by recorded tract maps. Existing law requires that the
fees be forwarded monthly by the county recorder to the county
treasurer for deposit to the fund.
This bill would delete this exemption from the user fee. The
bill would also require, prior to the forwarding of the fee to the
county treasurer, the deduction and retention of an amount not to
exceed 10% for reimbursing the county recorder for
expenses incurred in carrying out these provisions.
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 27585 of the Government Code is amended to
read:
27585. (a) For the limited purpose of financing the survey
monument preservation fund pursuant to Section 27584, the board may
impose a user fee, not to exceed ten dollars ($10), or an amount set
pursuant to Section 54985 Chapter 12.5
(commencing with Section 54895) of Division 2 of Title 5 ,
which shall be charged and collected by the county recorder, over and
above any other fees required by law, as a condition precedent to
the filing or recording of any grant deed conveying real property.
Except as otherwise provided in subdivision (b), the fees
shall be forwarded monthly by the county recorder to the county
Except as otherwise provided in subdivision (b), the
county recorder shall, after deducting and retaining an amount not to
exceed 10 percent solely for reimbursement of expenses incurred in
carrying out this section, forward the fees monthly to the county
treasurer for deposit to the county survey monument
preservation fund. Following the establishment of the fund, the board
of supervisors may extinguish the fund if a finding is made by the
board that the need for the fund no longer exists.
(b) Notwithstanding subdivision (a) or (c), if a city engineer of
a city with a population of more than 1,500,000 persons conducts the
survey pursuant to Section 27584, any user fees collected pursuant to
subdivision (a) on and after January 1, 1987, with respect to any
grant deed conveying real property located wholly within the city
, shall be transferred monthly by the county recorder to
the city treasurer of the city to reimburse the city for the expenses
incurred by the city engineer in conducting that survey.
(c) Notwithstanding Section 2231 of the Revenue and Taxation Code,
and except as otherwise provided in subdivision (b), no
(c) Except as provided in subdivision
(b), no funds collected by the county recorder for the survey
monument preservation fund shall be transferred to, or deposited in,
any other fund or used for any other purpose.