RESOLUTION NO. 347 of 2008 DATED: October 28, 2008

WHEREAS, on August 26, 2008 a proposed Local Law for the County of Montgomery County entitled "A Local Law which Enhances Personal Privacy Protection for Documents Recorded in the County Clerk's Office & for Increasing the Fees Collected by the County Clerk for Such" was presented to the Board of Supervisors for consideration, and

WHEREAS, on August 26, 2008 Resolution 283 of 2008 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 23rd day of September, 2008 at the time and place appointed, and

WHEREAS, said public hearing has been held.

RESOLVED, that Introductory Local Law E of 2008 entitled "A Local Law which Enhances Personal Privacy Protection for Documents Recorded in the County Clerk's Office & for Increasing the Fees Collected by the County Clerk for Such" hereby is adopted and is incorporated 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.

, and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION ADOPTED with Aye(1682).  Supervisor Baia voted Nay.  Supervisor Walters was absent. (10/28/2008)