(A) Definitions. The definitions set forth in I.C. 36-2-7-10.1 are hereby incorporated and include, without limitation, the following:
BULK FORM COPY or BULK FORM COPIES. An aggregate of:
(a) Copies of all recorded documents received by the County Recorder for recording in a calendar day, week month, or user;
(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 clauses (a) and (b).
BULK FORM USER. An individual, corporation, partnership, limited liability company, or unincorporated association that receives bulk form copies under a contract with the County Recorder.
COPY or COPIES. 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, paper, document, plat, map, survey, or anything else received at any time for recording or filing in the public records maintained by the County Recorder of hte County Recorder’s designee.
(B) County Recorder designee. The County Recorder may use the services of a third-party designee to provide bulk form copies to build form users under this section.
(C) Manner and form of bulk form copies. The County Recorder or the County Recorder’s designee may provide bulk form copies to a bulk form user on a disk, tape, drum, or 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 division shall be at the discretion fo the County Recorder.
(D) Watermark on bulk form copies. The County Recorder or the County Recorder’s designee shall watermark all bulk form copies with the following statement:
Image Property of Warrick County, IN
For license only - not for resale
per I.C. 36-2-7-10.1(c).
Official copies may be obtained at the Warrick County Recorder’s Office.
For license only - not for resale
per I.C. 36-2-7-10.1(c).
Official copies may be obtained at the Warrick County Recorder’s Office.
(E) Written request of bulk form copies. A bulk form user must submit a written request identifying the requested copies with a reasonable particularity in order to receive bulk form copies from the County Recorder or the County Recorder’s designee.
(F) Contract for bulk form copies.
(1) A bulk form user must enter into a contract with the County Recorder prior to receiving bulk form copies that is in compliance with the requirements of this section 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 suer under this section to a third party;
(b) Engage in unauthorized access to recorded documents; and
(c) Engage in the unauthorized alteration of recorded documents.
(2) If a bulk form user violates its contract entered into with the County Recorder under this section, the County Recorder or the County Recorder’s designee may terminate such contract and refuse subsequent bulk form copy requests under the conditions set forth in I.C. 36-2-7-10.1(j).
(G) Prohibited actions of bulk form user. Except as permitted under I.C. 36-2-7-10.1(h), a bulk form user is prohibited form 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) Bulk form copy fee. The fee for producing bulk form copies shall be $0.20 per page for a bulk form copy of a recorded document, including the instrument’s book and page, if applicable, and $0.20 per recorded document for a copy of the indices used by the County Recorder for finding, retrieving, and viewing a recorded document. Any revenue generated under this section shall be deposited in the County Recorder’s Perpetuation Fund, used by the County Recorder in accordance with I.C. 36-2-7-10(f), and otherwise in compliance with the requirements of I.C. 36-2-7-10.1(f).
(I) Civil fine for violation of this section. In addition to any contractual remedies the County Recorder or the County Recorder’s designee may have a bulk form user who violates this section shall also be subject to a civil fine of not more than $2,500 per violation.
(BC Ord. 2017-34, passed 12-11-17; BC Ord. 2018-18, passed 7-23-18)