Bill Text: CA AB1915 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 1915 (Prior Session Legislation)

CA State Legislature page for AB1915

Introduced

Bill Title: Building Homes and Jobs Act: recording fee: mining claims.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-09 - In committee: Set, first hearing. Failed passage. Reconsideration granted. [AB1915 Detail]

Download: California-2017-AB1915-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1915

Introduced by Assembly Member Mathis

January 23, 2018

An act to amend Section 27388.1 of the Government Code, relating to document recording, to take effect immediately, tax levy.

LEGISLATIVE COUNSEL'S DIGEST

AB 1915, as introduced, Mathis. Building Homes and Jobs Act: recording fee: mining claims.

Existing law imposes a charge, except as provided, of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, per each single transaction per single parcel of real property, not to exceed $225. Existing law defines “real estate instrument, paper, or notice” for this purpose as a document relating to real property and specifies a nonexhaustive list of documents deemed to be a “real estate instrument, paper, or notice.”

This bill would exclude from this definition of “real estate instrument, paper, or notice,” and thereby exempt from the recording fee, any document recorded in relation to a mining claim, as provided.

This bill would take effect immediately as a tax levy.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 27388.1 of the Government Code is amended to read:

27388.1.

(a) (1) (A) Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225). ~~“Real~~

(B) “Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions. However, “real estate instrument, paper, or notice” does not include any document recorded in relation to a mining claim, including, but not limited to, the following: location notice, notice of intent to hold, and annual affidavit of assessment.

(2) The fee described in paragraph (1) shall not be imposed on any real estate instrument, paper, or notice recorded in connection with a transfer subject to the imposition of a documentary transfer tax as defined in Section 11911 of the Revenue and Taxation Code or on any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier.

(b) The county recorder shall remit quarterly, on or before the last day of the month next succeeding each calendar quarterly period, the fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, to the Controller for deposit in the Building Homes and Jobs Trust Fund established by Section 50470 of the Health and Safety Code, to be expended for the purposes set forth in that section. In addition, the county shall pay to the Controller interest, at the legal rate, on any funds not paid to the Controller before the last day of the month next succeeding each quarterly period.

(c) If the Department of Housing and Community Development determines that any moneys derived from fees collected are being allocated by the state for a purpose not authorized by Section 50470 of the Health and Safety Code, the county recorder shall, upon notice of the determination, immediately cease collection of the fees, and shall resume collection of those fees only upon notice that the moneys derived from the fees collected are being allocated by the state only for a purpose authorized by Section 50470 of the Health and Safety Code.