(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BULK FORM COPY. An aggregation of:
(a) Copies of all recorded documents received by the County Recorder for recording in a calendar day, week, month or year;
(b) 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
(c) Both.
BULK USER. An individual, a corporation, a partnership, a limited liability company or an unincorporated association that receives bulk form copies under a contract with the County Recorder.
COPY. A reproduction, including an image of a recorded document or indices created by:
(a) Duplicating electronically stored data onto a disk, tape, drum or any other medium of electronic data storage; or
(b) Reproducing on microfilm.
INDICES. All of the indexing information used by the County Recorder for finding, retrieving and viewing a recorded document.
RECORDED DOCUMENT. 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 or the County Recorder’s designee.
(B) Manner and form of production. It is hereby established that the County Recorder shall provide bulk form copies to a bulk user only by electronically transmitting the copies using an electronic transfer process.
(C) Procedure for requesting bulk form copies.
(1) A bulk user must submit a written request to the County Recorder that identifies the requested bulk form copies with reasonable particularity. Unless the request is refused under division (D) below, upon receipt of a valid written request the County Recorder or the County Recorder’s designee shall provide the bulk form copies to the bulk user by the method or methods established by ordinance. The bulk form copies shall be provided within a reasonable time after the later of the following events:
(a) The Recorder’s archival process is completed and bulk form copies become available in the County Recorder’s office.
(b) The bulk form user executes a contract that meets the requirements of division (E) below with:
1. The County Recorder; and
2. If the County Recorder uses a third party to provide bulk copy services, the County Recorder’s designee.
(2) The County Recorder or the County Recorder’s 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.
(1) Based on a cost study dated May 1, 2018, and performed by the County Recorder (which is incorporated herein by reference), this Board finds and determines that the costs incurred by the County Recorder of producing bulk form copies (including applying a watermark or other protective feature) substantially exceed both the standard fee of $0.10 per page or per recorded document fixed by I.C. 36-2-7-10.1(d) and the fee hereafter fixed. Accordingly, the following fee schedule is hereby adopted:
(a) Sixteen cents per page for a copy of a recorded document, including the instrument’s book and page, if applicable.
(b) Sixteen cents per recorded document for a copy of the indices used by the County Recorder for finding, retrieving and viewing a recorded document.
(2) The fees charged by the County Recorder are subject to the following requirements.
(a) The County Recorder shall pay the fees into the County Treasury at the end of each calendar month.
(b) 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.
(c) All revenue generated by the County Recorder under this section shall be deposited in the County Recorder’s Records Perpetuation Fund and used by the Recorder in accordance with I.C. 36-2-7-10(f).
(d) The Recorder shall periodically update and verify the cost study referred to in division (D)(1) above.
(E) Bulk user contract; termination.
(1) (a) A bulk user must enter into a contract with the County Recorder, and if the County Recorder uses a third party to provide bulk copy services, the County 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:
1. Except as provided in division (D) above, 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;
2. Engage in unauthorized access to recorded documents; and/or
3. Engage in unauthorized alteration of recorded documents.
(b) A contract required under this division (E) may not include any restrictions on a bulk form user’s use of the bulk form copies other than those contained in this section.
(2) If a bulk user does not comply with a contract, the County 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 County Recorder. The County Recorder may refuse subsequent requests from a bulk user for bulk form copies in the following circumstances.
(a) 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.
(b) The bulk user is a corporation or limited liability company in which a person has a majority or controlling interest, such person requested bulk form copies under a previous contract with the County Recorder and the contract was terminated by the County Recorder because the County Recorder determined that the person failed to comply with the contract.
(F) Resale of bulk form copies by bulk user.
(1) (a) A bulk user that is licensed under I.C. 27-1-15.6-6(d) or holds a certificate of authority under I.C. 27-7-3-6 may provide bulk form copies related to the specific order for a title search (as defined in I.C. 27-7-3-2) when operating as:
1. A title plant for the issuance of title insurance (as defined in I.C. 27-7-3-2); or
2. A title company (as defined in I.C. 27-7-3-2).
(b) A bulk user that meets the requirements of this division (F) 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.
(2) A bulk user that does not meet the requirements of division (F)(1) above 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.
(G) Enhanced access not affected. This section does not apply to enhanced access authorized under I.C. 5-14-3-3 and any county ordinances promulgated
(H) Watermark. The Recorder shall watermark all bulk form copies with the following:
COPY IMAGE - NOT FOR RESALE I.C. 36-2-7-10.1 ORIGINAL IN MARSHALL COUNTY RECORDER OFFICE |
(Ord. 2018-07, passed 5-7-2018; Ord. 2018-08, passed 5-7-2018)