Agenda

Return

C. 18

To:	Board of Supervisors
From:	Joseph E. Canciamilla, Clerk-Recorder
Date:	November 14, 2017

Contra

Costa

County

Subject:

Ordinance Continuing the Established Recording Fee for Social Security Truncation Program

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 11/14/2017

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Diane Burgis, District III Supervisor
Federal D. Glover, District V Supervisor

Contact:

Barbara Dunmore (925) 335-7919

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: November 14, 2017
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Ordinance No. 2017-28 continuing the established one dollar ($1.00) per document recording fee for the Social Security Number Truncation Program.

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:

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 since January 1, 1980, so that only the last four digits appear on the public record version. Under the program, after January 1, 2018, the Clerk-Recorder may also create a copy in electronic format of each official record recorded before January 1, 1980 and truncate any social security numbers contained in that record. 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. On May 20, 2008, the Board of Supervisors adopted Ordinance 2008-17, which authorized the Clerk-Recorder to charge the fee.

Pursuant to Government Code section 27361(d) and Ordinance 2008-17, the fee cannot be charged after December 31, 2017 unless the Board of Supervisors authorizes the Clerk-Recorder to continue charging the fee. Additionally, the County Auditor must have completed two reviews using generally accepted accounting standards to (1) verify that the funds generated by the fee are used only for the purpose of providing the Social Security Number Truncation Program and conducting the reviews; and (2) estimate any ongoing costs to the county recorder of complying with the program. The County Auditor has completed these reviews. The first review was completed on July 23, 2013 and the second review on August 29, 2017. The review results are available to the public at the Offices of the Clerk-Recorder and the Auditor-Controller.

CONSEQUENCE OF NEGATIVE ACTION:

The Clerk-Recorder would still have to maintain a Social Security Number Truncation Program pursuant to Government Code section 27301, but would have to use other county funding to do so.