Proposed "Archives and Records Management Fee"

Here is a proposed resolution that seems to be gaining some momentum amongst commissioners (I have included the resolution in its entirety at the bottom of this post).

Summarily, this proposal is a resolution adopted by a sister where a fee would be assessed for archiving certain documents. If adopted, this fee would generate a significant amount of revenue – an estimated $.01 or $.02 here in Robertson County.

This fee increase is seen as an alternative to ease the apparent looming property tax increase.

Apparently, to levy a fee is easier than to levy a property tax increase.

See, in my humble opinion, whether labeled as a “fee,” or attached to sales, or levied against property – a tax is a tax is a tax.

This is attempting to generate solutions to our issues from the revenue side. Our problems are not with revenue. Our problems are with spending and borrowing.  

Here is the proposal, and below the proposal, find the suggested documents which would be assessed this fee:

RESOLUTION TO ESTABLISH ARCHIVES AND RECORDS MANAGEMENT FEE

FOR DOCUMENTS FILED

IN THE OFFICE OF THE _____________ COUNTY CLERK

WHEREAS, Tennessee Code Annotated, Section 10-7-408, authorizes county legislative bodies to establish and collect an archives and records management fee not to exceed two dollars ($2.00) per document filed in certain county offices, with the funds collected through this fee to be designated exclusively for duplicating, storing, and maintaining any records required by law to be permanently kept; and

WHEREAS, the county legislative body, having established a county public records commission as required by law, has determined that it is in the best interests of the county that such an archives and records management fee be established and collected in the county clerk’s office in __________ County;

NOW, THEREFORE, BE IT RESOLVED by the county legislative body of ____________ County, Tennessee, meeting in __________ session at __________________, Tennessee, that:

SECTION 1.  An archives and records management fee is hereby established in the amount of two dollars ($2.00) on documents filed in the office of the __________ County Clerk.  A list of documents filed in the county clerk’s office to which this fee will apply is attached to this resolution and made a part hereof.

SECTION 2.  The archives and records management fee shall be collected by the county clerk on each listed document filed in the county clerk’s office on or after _________________, 20____.

SECTION 3.  The funds collected through this fee shall be remitted to the county general fund to be appropriated for use exclusively for duplicating, storing, and maintaining records required by law to be permanently kept.

SECTION 4.  This resolution shall be effective upon its passage and approval, the public welfare requiring it.

ADOPTED this _____ day of _____________, 20___.

Suggested documents:

INSTRUCTIONS:  The following is a list of all “documents filed” in the county clerk’s office. The term “documents filed” includes all forms that are completed by members of the public and filed as records in the office of the county clerk. The term “documents filed” does not include documentation generated wholly within the office of the county clerk for internal use.  Also, where the public is making a payment of money without the filing of any required document, the fee does not apply. This list will assist you in determining which documents to include on the list attached to the resolution of the county legislative body establishing the $2.00 Archives and Records Management Fee.

Marriage License documents:

Application for marriage license

AOC premarital counseling certificate

Any affidavit(s) filed with marriage license application

Vital Records form - Marriage Certificate

Marriage license returned by officiant after ceremony

Business Licenses:

Application for business license

Business tax returns

Beer Permits:

Application for beer permit

Notary Public:

Application for commission as notary public

Notary public bond

Change of address form

Change of name form

Pawnbroker Licenses:

Application for pawnbroker license

Law enforcement certificate of good moral character

Motor Vehicle Title & Registration:

Application for vehicle title (or lost title)

Application for vehicle registration

Application for disabled placard

Application for temporary tag

Lien documentation filed

Miscellaneous:

Application for driver’s license

Application for hunting/fishing license

Other tax returns (hotel-motel tax, etc.)

Isolated sales and use tax form for boats