SB 412-2_ Filed 02/13/2007, 10:01 Hershman
Adopted 2/22/2007

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 412 be amended to read as follows:

SOURCE: Page 3, line 23; (07)MO041202.3. -->     Page 3, after line 23, begin a new paragraph and insert:
SOURCE: IC 36-2-7-10.1; (07)MO041202.3. -->     "SECTION 3. IC 36-2-7-10.1, AS AMENDED BY P.L.171-2006, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 cents ($0.05) 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 cents ($0.05) 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.
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) 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) This section does not apply to enhanced access under IC 5-14-3-3.

SOURCE: IC 36-2-11-15; (07)MO041202.4. -->     SECTION 4. IC 36-2-11-15, AS AMENDED BY P.L.171-2006, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) This section does not apply to:
        (1) an instrument executed before July 1, 1959, or recorded before July 26, 1967;
        (2) a judgment, order, or writ of a court;
        (3) a will or death certificate;
        (4) an instrument executed or acknowledged outside Indiana; or
        (5) a federal lien on real property or a federal tax lien on personal property, as described in section 25 of this chapter.
    (b) The recorder may receive for record or filing an instrument that conveys, creates, encumbers, assigns, or otherwise disposes of an interest in or lien on property only if:
        (1) the name of the person and governmental agency, if any, that prepared the instrument is printed, typewritten, stamped, or signed in a legible manner at the conclusion of the instrument; and
        (2) all Social Security numbers in the document are redacted, unless required by law.
    (c) An instrument complies with subsection (b)(1) if it contains a statement in the following form: "This instrument was prepared by (name).".
    (d) An instrument complies with subsection (b)(2) if it contains a statement in the following form at the conclusion of the instrument and below the statement required by subsection (b)(1): "I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law (name).
SOURCE: ; (07)MO041202.5. -->     SECTION 5. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 412 as printed February 9, 2007.)

________________________________________

Senator HERSHMAN


MO041202/DI 87
2007