(A) The definitions set forth in I.C. 36-2-7-10.1, including without limitation the definitions of BULK FORM COPY, BULK FORM USER, and COPY are hereby incorporated by reference.
(B) The County Recorder may use the services of a third-party designee to provide bulk form copies to bulk form users under this section.
(C) The County Recorder or the Recorder's designee may provide bulk form copies to a bulk user on a disk, tape, drum, any other medium of electronic data storage or microfilm or by electronically transmitting the copies using an electronic transfer process or any combination thereof. The decision as to the manner of providing copies under this section shall be at the discretion of the Recorder.
(D) To receive bulk form copies from the Recorder or the Recorder's designee, a bulk form user must submit a written request that identifies the requested copies with reasonable particularity.
(E) (1) Prior to receiving bulk form copies, the bulk form user must enter into a contract with the County Recorder and the Recorder's designee, as applicable. The contract(s) must comply with the requirements of this section and I.C. 36-2-7-10.1 and must require that the bulk form user agree not to:
(a) Except as provided in I.C. 36-2-7-10.1(h), provide, transfer, or allow the transfer of any copy of a recorded document obtained by the bulk form user under this section to a third party;
(b) Engage in unauthorized access to recorded documents;
(c) Engage in unauthorized alteration of recorded documents;
(2) If a bulk form user violates contracts entered into under this section, the County Recorder and the Recorder's designee may terminate such contracts and refuse subsequent bulk form copy requests under the conditions set forth in I.C. 36-2-7-10.1(i).
(F) Except as permitted under I.C. 36-2-7-10.1(h), a bulk form user 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) Having determined that the costs of producing bulk form copies exceeds ten cents ($0.10) per page of a recorded document or per document for a copy of the indices, the fee for producing bulk form copies shall be thirteen cents ($0.13) per page for a bulk form copy of a recorded document, including the instrument's book and page, if applicable and thirteen cents ($0.13) per recorded document for a copy of the indices used by the Recorder for finding, retrieving, and viewing a recorded document. The revenue generated under this section shall be deposited in the Records Perpetuation Fund, used in accordance with I.C. 36-2-7-10(f), and otherwise comply with the requirements of I.C. 36-2-7-10.1(f).
(H) In addition to the contractual remedies that the Recorder or the Recorder's designee may have, a person who violates this section shall also be subject to a civil fine of not more than $2,500 per violation.
(Ord. 2017-10-CM, passed 6-5-17)