(A) Definitions. The following definitions shall apply throughout this section:
BULK FORM COPY. An aggregation of copies or all recorded documents received by the Recorder for recording in a calendar day, week, month, or year and the indices for finding, retrieving, and viewing all recorded documents received by the Recorder for recording in a calendar day, week, month, or year, or either of the same.
BULK USER. An individual, corporation, partnership, limited liability company, or unincorporated association that received bulk form copies under a contract with the Recorder.
COPY. A reproduction, including an image of a recorded document or indices created by duplicating electronically stored data onto a digital medium or reproducing on microfilm.
INDICES. All of the indexing information used by the Recorder for finding, retrieving, and viewing a recorded document.
RECORDED DOCUMENTS. A writing, paper, document, plat, map, survey, or anything else received at any time for recording or filing in the public records maintained by the Recorder or the Recorder's designee.
(B) Manner and form of production. It is hereby established that the Recorder shall provide bulk form copies to a bulk user only by electronically transmitting digital copies.
(C) Procedure for requesting bulk form copies.
(1) A bulk user must submit a written request to the Recorder that identifies the requested bulk form copies with reasonable particularity. Unless the request is refused under division (F), below, upon receipt of a valid written request to the Recorder or its designee, it shall provide the bulk copies to the bulk user digitally.
(2) The bulk form copies shall be provided within a reasonable time after the later of the following occurs: the Recorder's archival process is completed and bulk form copies become available in the Recorder's Office, or the bulk form user executes a contract that meets the requirements of division (E) with the Recorder, and if the Recorder uses a third party to provide bulk copy services, the Recorder's designee. The Recorder or its designee shall work with reasonable diligence to ensure that bulk form copies are timely produced to the bulk user.
(D) Fees charged for bulk form copies. Based upon information provided by Recorder, the Board adopts the following fee schedule:
(1) Twenty Cents ($0.20) per page of recorded documents.
(2) Twenty Cents ($0.20) per recorded document for a copy of the indices used by the Recorder for finding, retrieving, and viewing a recorded document.
(E) Bulk user contract; requirement.
(1) A bulk user must enter into a contract with the Recorder and if the Recorder uses a third party to provide bulk copy services, the Recorder's designee, in order to receive bulk form copies. The contract must be in writing and must require that the bulk user agree not to do any of the following:
(a) Except as provided in division (G), provide, transfer, or allow the transfer of any copy of a recorded document obtained by the bulk user under this section to a third party;
(b) Engage in unauthorized access to recorded documents; or
(c) Engage in unauthorized alteration of recorded documents.
(2) A contract required under this section may not include any restrictions on a bulk form user's use of the bulk form copies other than those contained in this section.
(F) Bulk user contract; termination. If a bulk user does not comply with the contract, the Recorder may terminate the contract, immediately stop providing bulk form copies to the bulk user, and refuse to provide the bulk form copies required by the bulk user if all termination provisions and procedures in the contract have been met by the Recorder. The County Recorder may refuse subsequent requests from a bulk user for bulk form copies in the following circumstances:
(1) The bulk user is a person that has had a previous bulk form copy contract terminated by the County Recorder because the Recorder determined that the bulk user failed to comply with the contract; or
(2) The bulk user is a corporation or limited liability company in which a person has a majority or controlling interest, the person requested bulk form copies under a previous contract with the Recorder, and the contract was terminated by the Recorder because the Recorder determined that the person failed to comply with the contract.
(G) Resale of bulk form copies by bulk user.
(1) A bulk user that is licensed under I.C. 27-1-15.6-6(d) or holds a certificate of authority under IC 27-7-3-6 may provide copies of documents obtained in bulk form and related to a title search (as defined in I.C. 27-7-3-2) when operating as a title plant for the issuance of title insurance or a title company (as defined in I.C. 27-7-3-2).
(2) A bulk user that meets the requirements of this section may charge its customers a fee for using the bulk form copies obtained by the bulk user that may not exceed the costs incurred by the bulk user for obtaining the bulk form copies. A bulk user that meets the requirements of this section may not resell, provide, transfer, or allow the transfer of any copy of a recorded document, whether in bulk form or as individual copies or images, to any other bulk user or title plant.
(3) A bulk user that does not meet the requirements of this section is prohibited from selling, offering for sale, advertising for sale, soliciting a purchase of, loaning, giving away, allowing subscription service to or otherwise transferring, providing, or allowing the transfer of bulk form copies for commercial purposes to a third party, whether the copies are in bulk form or individual copies or images.
(H) Enhanced access not affected. This section does not apply to enhanced access authorized under I.C. 5-14-3-3 and any Greene County Ordinances promulgated thereunder.
(Ord. 2016-08, passed 12-20-2016; Ord. 2017-03, passed 7-18-2017)