BILL NUMBER: AB 827	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 7, 2009
	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 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
morethan   not to exceed  $3 per document.
   The bill would  authorize the county recorder 
 require the board of supervisors  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.  (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   and
 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   board of
supervisors shall  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.