RESOLUTION NO. 283 of 2008 DATED: August 26, 2008

WHEREAS, a public hearing is required to be held concerning Introductory Local Law E of 2008, a local law which enhances personal privacy protection for documents recorded in the County Clerk's Office and authorizing an increase in fees collected by the County Clerk for the recording, entering, indexing and endorsing a certificate on any instrument,

RESOLVED, that Introductory Local Law E of 2008 hereby is submitted to
the Montgomery County Board of Supervisors for consideration, following the
holding of a public hearing, as follows:

Introductory Local Law E of 2008 - A Local Law which Enhances Personal Privacy Protection for Documents Recorded in the County Clerk's Office and Authorizing an Increase in Fees Collected by the County Clerk for the Recording, Entering, Indexing and Endorsing a Certificate on any Instrument.

BE IT ENACTED by the Board of Supervisors of the County of Montgomery as follows:

SECTION 1.  Title.

This law shall be known as the "Enhanced Personal Privacy Protection or Recorded Documents Law."

SECTION 2.  Declaration of intent.

In accordance with subparagraph (2) of paragraph 4 of subdivision (a) of section 8021 of the Civil Practice Law and Rules, as amended by Chapter 78 of the Laws of 1989, the Montgomery County Board of Supervisors authorizes the Montgomery County Clerk to increase the fees charged for certain documents recorded with the County Clerk's Office.

SECTION 3.  Fees for recording documents.

For recording, entering indexing and endorsing a certificate of any instrument, the fee is increased from five dollars to twenty dollars and, in addition thereto, is increased from three dollars to five dollars for each page or portion of a page.  For the purpose of determining the appropriate recoding fee, the fee for any cover page shall be deemed an additional page of the instrument.  A cover page shall not include any social security account number or date of birth.  To the extent that the Montgomery County Clerk has placed an image of such cover page on line, the County Clerk shall make a good faith effort to redact such information.

Section 4. Severability.

If any section, subsection, sentence, clause, phrase or other portion of the local law is for any reason declared unconstitutional, or invalid or in whole or in part by any court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this law which remaining portions shall remain in full force and effect.

Section 5.  Effective date.

This local law shall take effect thirty days after filing in the office of the Secretary of State pursuant to section 27 of the municipal home rule law.

FURTHER RESOLVED, that said public hearing shall be held Tuesday, September 23 , 2008 at 6:55 PM, in the Chamber of the Board of Supervisors, County Office Building, Fonda, New York, and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is directed to cause legal notice of said public hearing to be published according to law.

RESOLUTION ADOPTED with Aye(1723).  Supervisors Walters and Stagliano were absent. (8/26/2008)