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May ~, zo 13
~ of su~~lavr
TBe Honorable Bill Ca~lnelly, Chair Y Q 20~~
Butte County Board of Supervisors
25 County Center Drive, Suite 200
Oroville, CA 95965
Dear Chairman Connelly and Members of the Baard:
1 received your recent letter canveyin~; the Board's opposition to Senate; Bill 39I (DeSaulnicr),
the California Horries and-Jobs Act. I appreciate Bearing liom yc~u and having the c~ppartunity to
update yoLt on the status of this legislation.
Senate Bill 391 is a reintroduction of virtually identical legislation Senator DeSaulnier authored
during the 2011-12 session which died in the Senate. T did not have an opportunity to hear or
vote a:n the bill at that t~rne; however, I am opposed to SB 391 as written.
SB 391 would assess a "fee" of $75 per document whenever a person records any of a specified
list of real estate related documents r?crith the cormty. Sinca tl~e funds collected would not be
collected in exchange for a direct service to the payee, but rather would be used. to pay for public
hou'si~ng<progra~~s;~~his "fee" is actually ~ ta~c, S~B X91 would constitute-a X75.0`%~ax,_i.ncr..~ase an
the recording of ali~aftlie affected real estate documents.
'I'h.i.s tax would be especially harsh on homeowners who are able to reach agreements with their
lender prior to foreclosure. At least five documents have to be recorded between the tine of a
Notice of Default and either the foreclosure or the closure of a short sale. Since each document
is subject to the tax, this would impose an aciditior'<al charge of at least $375 an the borrower
and. probably more.
The Departiner~t of I-lousing and Carrunuzuty Development already ac€rr~inisters rriore than 24
programs that award loans and grants for the construction, acquisition, rehabilitation and
preservation of affordable rental a~~d ownership housing, laameless shelters and transitional
housing, public facilities and infrastructure, and the development of jabs for lower incarrxe
workers.
Since this :is root afee-for-service, but a tax,.and an extraordinary one at that, I am opposed to SB
39l as.;it,is.icur~e~tly,yvritten, 513,391 passed. the Senate Governance and p'inaacc Committee on
Apri124 by a vote of S=2 {~vitl~ all Demac~at meml~ers'xn srippart ad.`~l.l Rep~zblican ~mei~~bers
apposed), The bill is now scheduled for a hearing to the Senate Appropriations Committee an
May 6. ,; ~. ~~
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if you are interested in tracking this or other legislation, you nay obtain the bill text, analyses,
status, and vote records from z-ny Senate homepage at www.sen.ca. ov/Nielsen.
Again, thank you for taking the time to write. You are welcome to write to me on other issues of
interest.
Sincerely,
7lM I~IIELSEN
Senator, Fourth District
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