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HomeMy WebLinkAboutMINUTES - 05132008 - C.18 TO: BOARD OF SUPERVISORS Contra FROM: Stephen L. Weir, Clerk-Recorder y osta 01 n1 �;zzQ DATE: May 1, 2008 ------="a County qs a SUBJECT: Ordinance Establishing Recording Fee for IQ Social Security Number Truncation Program SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: INTRODUCE Ordinance No. 2008-17 establishing a one dollar ($1.00) per document recording fee for the Social Security Number Truncation Program, WAIVE reading, and FIX Muzo, 2008 as the date for adoption. FISCAL IMPACT: The fee will generate approximately $300,000 per year to pay for the implementation and ongoing operational costs of the state-mandated Social Security Number Truncation Program. BACKGROUND AND REASONS FOR RECOMMENDATIONS: Government Code section 27301, which went into effect on January 1, 2008, requires the Clerk- Recorder to establish a Social Security Number Truncation Program. Under the state-mandated program, the Clerk-Recorder must redact the first five digits of all social security numbers from all official records recorded with the Clerk-Recorder, so that only the last four digits appear on the public record version. To fund the program, Government Code sections 27304 and 27361(d) authorize the Clerk-Recorder to charge a one dollar ($1.00) fee for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded. The funds generated by the fee can only be used to pay for the implementation and ongoing operational costs of the program. The fee is in addition to all other recording fees charged by the Clerk-Recorder. The fee cannot be charged after December 31, 2017, unless the Board of Supervisors authorizes the Clerk-Recorder to continue charging the fee pursuant to Government Code section 27361(d). If the fee is adopted, the Board of Supervisors must also direct the County Auditor to conduct two reviews to verify that the funds generated by the fee are used only for the purpose of the program, pursuant to Government Code section 27361(d). CONSEQUENCES OF NEGATIVE ACTION: The Clerk-Recorder would still have to establish a Social Security Number Truncation Program pursuant to Government Code section 27301, but would have to use other county funding to do so. CON"I)NIEDON ATTACHMENT: _\_YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE /APPROVE OTHER P SIGNATURF(S): ACTION 01=BC )ONS_ _APPROVE AS RECOMMENDED __ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT TI IIS IS A TRUE AND CORRIC"T COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT ) AND ENI EKED ON TFIF'MINUTES OFTHE BOARD OF SUPERVISORS ON TI IE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED C )5 3/dam MEDIA CONTACT: JOHN CULLEN,CLI RK OF TFIE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ORIGINATING;DEPARTMENT:. Clerk-Recorder (B.Chambers 335-7918) B =PUT1' a . ORDINANCE NO 2008-17 (uncodified) (Social Security Number Truncation Program Fee) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Authority. This ordinance is enacted pursuant to Government Code sections 27304, 27361(d), and 54985(c)(6). SECTION II. Fee Adoption. On and after the effective,date of this ordinance, the one dollar($1) fee authorized by Government Code section 27361(d) is adopted and shall be charged and collected for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded. SECTION III..Restrictions. (a) The funds generated by the fee authorized by this ordinance shall be used only by the Clerk-Recorder for the purpose of implementing a social security number truncation program pursuant to Government Code sections 27300 through 27307. (b) The Clerk-Recorder shall not charge the fee authorized by this ordinance after December. 31, 2017 unless the Board of Supervisors has authorized the Clerk-Recorder.to continue charging the fee pursuant to Government Code section 27361(d). SECTION IV. Fee Schedule. The Clerk-Recorder fee schedule shall be revised to be consistent with this ordinance. ORDINANCE NO. 2008-17 1 SECTION V. Effective Date. This ordinance becomes effective 30 days after passage. Within 15 days of passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: .ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy TLG: H:\2008\C1erk-Recorder\SSN fee ord-final.wpd ORDINANCE NO. 2008-17 2