Citations Affected: IC 5-14-3-8; IC 16-22-8-34; IC 16-37-1-9; IC 36-2-7.
Synopsis: Copying and certification of documents. Conference committee report for EHB 1379.
Increases the fee (from five to seven cents) that the county recorder can charge a bulk user for
bulk form copies. Specifies that money in the records perpetuation fund may not be deposited
in the county general fund and does not revert to the county general fund at the end of a fiscal
year. Specifies that bulk form copies obtained by a bulk form user may not be resold: (1) in bulk
form or as individual copies; and (2) in a single transaction or on a continuing or subscription
basis. Provides that a local government agency may charge a fee of not more than $5 for
certifying a document instead of the actual cost to the agency (specifically excludes the copying
and certification charges of a health and hospital corporation and a local department of health's
charges for certificates of birth, death, or stillborn registration, which are set under another
statute). Provides that a local government agency may charge a fee for copying a document that
does not exceed the greater of: (1)10 cents per page (for noncolor copies) or 25 cents per page
(for color copies); or (2) the actual cost to the agency (specifically excludes the copying and
certification charges of a health and hospital corporation and a local department of health's
charges for certificates of birth, death, and stillborn registration, which are set under another
statute). Removes the definition of "actual cost" in the current law allowing local agencies to
charge the "actual cost" of copying, certifying, or facsimile transmission of a document. Removes
a provision in the current law that allows a local agency to charge the actual cost of facsimile
transmission of a document. Makes a technical change to resolve a conflict with SEA 526-2007
(the recodification bill). (This conference committee report: (1) Increases the cost of bulk
form copies from five to seven cents (instead of five to six cents). (2) Deletes a provision
concerning setting a fee for facsimile of a document. (3) Allows a local agency to charge a
fee of not more than $5 for certifying a document, instead of the actual cost to the agency.
(4) Allows a local agency to charge a fee for copying a document that is the greater of ten
cents per page (for noncolor copies) or 25 cents per page (for color copies) or the actual
cost (current law allows an agency to charge the actual cost of making copies). (5) Specifies
that a health and hospital corporation or a local health department is not subject to the
provisions under the public records law governing copying and certification costs. (6)
Makes a technical change to resolve a conflict with SEA 526-2007 (the recodification bill).
Effective: July 1, 2007.
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1379 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
may not exceed five dollars ($5) per document. The fee for copying
documents may not exceed the actual cost of certifying, copying, or
facsimile transmission of the document by the agency and the fee must
be uniform throughout the public agency and uniform to all purchasers.
As used in this subsection, "actual cost" means the cost of paper and
the per-page cost for use of copying or facsimile equipment and does
not include labor costs or overhead costs. the greater of:
(1) ten cents ($0.10) per page for copies that are not color
copies or twenty-five cents ($0.25) per page for color copies;
or
(2) the actual cost to the agency of copying the document.
A fee established under this subsection must be uniform
throughout the public agency and uniform to all purchasers.
(e) If:
(1) a person is entitled to a copy of a public record under this
chapter; and
(2) the public agency which is in possession of the record has
reasonable access to a machine capable of reproducing the public
record;
the public agency must provide at least one (1) copy of the public
record to the person. However, if a public agency does not have
reasonable access to a machine capable of reproducing the record or if
the person cannot reproduce the record by use of enhanced access
under section 3.5 of this chapter, the person is only entitled to inspect
and manually transcribe the record. A public agency may require that
the payment for copying costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), a public
agency shall collect any certification, copying, facsimile machine
transmission, or search fee that is specified by statute or is ordered by
a court.
(g) Except as provided by subsection (h), for providing a duplicate
of a computer tape, computer disc, microfilm, or similar or analogous
record system containing information owned by the public agency or
entrusted to it, a public agency may charge a fee, uniform to all
purchasers, that does not exceed the sum of the following:
(1) The agency's direct cost of supplying the information in that
form.
(2) The standard cost for selling the same information to the
public in the form of a publication if the agency has published the
information and made the publication available for sale.
(3) In the case of the legislative services agency, a reasonable
percentage of the agency's direct cost of maintaining the system
in which the information is stored. However, the amount charged
by the legislative services agency under this subdivision may not
exceed the sum of the amounts it may charge under subdivisions
(1) and (2).
(h) This subsection applies to the fee charged by a public agency for
providing enhanced access to a public record. A public agency may
charge any reasonable fee agreed on in the contract under section 3.5
of this chapter for providing enhanced access to public records.
(i) This subsection applies to the fee charged by a public agency for
permitting a governmental entity to inspect public records by means of
an electronic device. A public agency may charge any reasonable fee
for the inspection of public records under this subsection, or the public
agency may waive any fee for the inspection.
(j) Except as provided in subsection (k), a public agency may charge
a fee, uniform to all purchasers, for providing an electronic map that is
based upon a reasonable percentage of the agency's direct cost of
maintaining, upgrading, and enhancing the electronic map and for the
direct cost of supplying the electronic map in the form requested by the
purchaser. If the public agency is within a political subdivision having
a fiscal body, the fee is subject to the approval of the fiscal body of the
political subdivision.
(k) The fee charged by a public agency under subsection (j) to cover
costs for maintaining, upgrading, and enhancing an electronic map may
be waived by the public agency if the electronic map for which the fee
is charged will be used for a noncommercial purpose, including the
following:
(1) Public agency program support.
(2) Nonprofit activities.
(3) Journalism.
(4) Academic research.
(30) days after collection. The county auditor shall transfer
semiannually any coroners continuing education fees to the treasurer
of state.
(c) Notwithstanding IC 16-20-1-27, a charge may not be made for
furnishing a certificate of birth, death, or stillbirth registration to a
person or to a member of the family of a person who needs the
certificate for one (1) of the following purposes:
(1) To establish the person's age or the dependency of a member
of the person's family in connection with:
(A) the person's service in the armed forces of the United
States; or
(B) a death pension or disability pension of a person who is
serving or has served in the armed forces of the United States.
(2) To establish or to verify the age of a child in school who
desires to secure a work permit.
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 10.1. (a) As used in this section, "bulk form"
means:
(1) a copy of all recorded documents received by the county
recorder for recording in a calendar day, week, month, or year;
(2) the indices for finding, retrieving, and viewing all recorded
documents received by the county recorder for recording in a
calendar day, week, month, or year; or
(3) both subdivisions (1) and (2).
(b) As used in this section, "bulk user" means an individual, a
corporation, a partnership, a limited liability company, or an
unincorporated association that purchases bulk form copies. However,
"bulk user" does not include an individual, a corporation, a partnership,
a limited liability company, or an unincorporated association whose
primary purpose is to resell public records.
(c) As used in this section, "copy" means:
(1) duplicating electronically stored data onto a disk, tape, drum,
or any other medium of electronic data storage; or
(2) reproducing on microfilm.
(d) As used in this section, "indices" means all of the indexing
information used by the county recorder for finding, retrieving, and
viewing a recorded document.
(e) As used in this section, "recorded document" means a writing,
a paper, a document, a plat, a map, a survey, or anything else received
at any time for recording or filing in the public records maintained by
the county recorder.
(f) The county recorder shall collect the fees prescribed by this
section for the sale of recorded documents in bulk form copies to bulk
users of public records. The county recorder shall pay the fees into the
county treasury at the end of each calendar month. The fees prescribed
and collected under this section supersede all other fees for bulk form
copies required by law to be charged for services rendered by the
county recorder to bulk users.
(g) Except as provided by subsection (h), the county recorder shall
charge bulk users the following for bulk form copies:
(1) Five Seven cents ($0.05) ($0.07) per page for a recorded
document, including the index of the instrument number or book
and page, or both, for retrieving the recorded document.
(2) Five Seven cents ($0.05) ($0.07) per recorded document for
a copy of the other indices used by the county recorder for
finding, retrieving, and viewing a recorded document.
(h) As used in this subsection, "actual cost" does not include labor
costs or overhead costs. The county recorder may charge a fee that
exceeds the amount established by subsection (g) if the actual cost of
providing the bulk form copies exceeds the amount established by
subsection (g). However, the total amount charged for the bulk form
copies may not exceed the actual cost plus one cent ($0.01) of
providing the bulk form copies.
(i) The county recorder shall provide bulk users with bulk form
copies in the format or medium in which the county recorder maintains
the recorded documents and indices. If the county recorder maintains
the recorded documents and indices in more than one (1) format or
medium, the bulk user may select the format or medium in which the
bulk user shall receive the bulk form copies. If the county recorder
maintains the recorded documents and indices for finding, retrieving,
and viewing the recorded documents in an electronic or a digitized
format, a reasonable effort shall be made to provide the bulk user with
bulk form copies in a standard, generally acceptable, readable format.
Upon request of the bulk user, the county recorder shall provide the
bulk form copies to the bulk user within a reasonable time after the
recorder's archival process is completed and bulk form copies become
available in the office of the county recorder.
(j) Bulk form copies under this section may be used:
(1) in the ordinary course of the business of the bulk user; and
(2) by customers of the bulk user.
(k) The bulk user may charge its customers a fee for using the bulk
form copies obtained by the bulk user. However, bulk form copies
obtained by a bulk user under this section may not be resold in:
(1) bulk form or separated into one (1) or more copies of
recorded documents or indices, or both, and resold as
separate copies; and
(2) a single transaction or on a continuing or subscription
basis.
(k) (l) All revenue generated by the county recorder under this
section shall be deposited in the recorder's record perpetuation fund
and used by the recorder in accordance with section 10(c) 10 (d) of this
chapter.
(l) (m) This section does not apply to enhanced access under
IC 5-14-3-3.
(Reference is to EHB 1379 as reprinted April 4, 2007.)
____________________________ ____________________________
Representative Hoy Senator Lawson C
Chairperson
____________________________ ____________________________
Representative Friend Senator Deig
House Conferees Senate Conferees