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. 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 stillbirth registration. 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 charges of a health and hospital corporation and a local
department of health's charges for certificates of birth, death, and stillbirth registration. 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 for certificates of birth, death,
or stillbirth registration. (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.
coroners continuing education fees with the county auditor within thirty
(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.
IC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(11) Three dollars ($3) for each mortgage on real estate recorded,
in addition to other fees required by this section, distributed as
follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder's
record perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed to
the auditor of state on or before June 20 and December 20 of
each year as provided in IC 24-9-9-3.
(c) The county recorder shall charge a two dollar ($2) county
identification security protection fee for recording or filing a document.
This fee shall be deposited under IC 36-2-7.5-6.
(d) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under section 10.1 of this
chapter and subsection (b)(5), (b)(8), (b)(9), and (b)(10), and fifty
cents ($0.50) from revenue received under subsection (b)(11), shall be
deposited in this fund. The county recorder may use any money in this
fund without appropriation for the preservation of records and the
improvement of record keeping systems and equipment. Money from
the fund may not be deposited or transferred into the county
general fund and does not revert to the county general fund at the
end of a fiscal year.
(e) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(f) The county recorder shall post the fees set forth in subsection (b)
in a prominent place within the county recorder's office where the fee
schedule will be readily accessible to the public.
(g) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(h) The state and its agencies and instrumentalities are required to
pay the recording fees and charges that this section prescribes.
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 .
(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(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