Sub. S. B. No. 148 As Reported by the Senate State and Local Government and Veterans Affairs Committee

Senators Hottinger, Grendell

A BILL

To amend sections 317.09 and 317.32 of the Revised 1
Code to authorize a county recorder to use 2
electronic or magnetic mediums for recording 3
federal tax and other federal liens and to request 4
the disposal of paper versions of those recorded 5
documents, and to require a county recorder to 6
charge and collect a per-image fee equivalent to 7
the per-page photocopy fee when a nonpaper form of 8
photocopying is used. 9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 317.09 and 317.32 of the Revised 10
Code be amended to read as follows: 11

       Sec. 317.09. (A)(1) Notices of liens for internal revenue 12
taxes, of liens arising under section 107 of the "Comprehensive 13
Environmental Response, Compensation, and Liability Act of 1980," 14
94 Stat. 2781, 42 U.S.C.A. 9607, as amended, and of any other lien 15
in favor of the United States, as provided in the statutes of the 16
United States or in any regulation adopted under those statutes, 17
certificates discharging the liens, and certificates of release of 18
the liens shall be filed for record, by mail or otherwise, in the 19
office of the county recorder of the county in which the property 20
subject to the lien is situated. If a duplicate copy of a notice 21
of a lien or a certificate of discharge or release of a lien is 22
provided, the recorder shall endorse on the copy the date and hour 23
that the notice or certificate was received for filing and 24
recording and shall return the copy, by mail or otherwise, to the 25
district director of the internal revenue service of the Ohio 26
district from which the notice or certificate originated, the 27
regional administrator of the region of the United States 28
environmental protection agency from which the notice or 29
certificate originated, or the other official of the United States 30
who originated the notice or certificate, whichever is applicable. 31

       (2) Except as provided in division (B) of this section, when 32
a notice of a lien in favor of the United States is filed, the 33
recorder shall enter it in a book or an electronic or magnetic 34
medium known as the "federal tax and other federal lien index," in 35
alphabetical order, showing on one line the name and residence of 36
the person named in the notice, the serial number or other 37
identifying number of the notice, and the total amount of the 38
lien. ~~The~~Except as provided in division (C) of this section, the 39
recorder shall file and keep all original notices of liens in 40
numerical order. ~~When~~Except as provided in division (C) of this 41
section, when a certificate of discharge or release of any lien in 42
favor of the United States is issued by the proper official of the 43
United States, or the official's delegate, and is filed for record 44
in the office of the recorder in which the original notice of the 45
lien is filed, the recorder shall enter the certificate with the 46
date of filing in the federal tax and other federal lien index on 47
the line on which the notice of the lien so discharged or released 48
is entered and permanently attach the original certificate of 49
discharge or release to the original notice of the lien. 50

       (B) If a county recorder records all instruments in two sets 51
of record books pursuant to division (C) of section 317.08 of the 52
Revised Code, notices of liens in favor of the United States and 53
certificates discharging or releasing those liens that are filed 54
with the recorder shall be recorded in the "official records" set 55
of books. 56

       (C) A county recorder may use any nonpaper electronic or 57
magnetic medium specified in section 9.01 of the Revised Code to 58
record the notices of liens and the certificates of discharge or 59
release of liens covered by this section. If any of those mediums 60
is used, an "original notice," for purposes of this section, shall 61
mean the notice as originally recorded by the nonpaper electronic 62
or magnetic medium, and the recorder, instead of permanently 63
attaching an original certificate of discharge or release to the 64
original notice, shall otherwise clearly indicate on the original 65
notice that it has been discharged or released by the particular 66
certificate. If such a recorder wishes to dispose of paper 67
versions of the notices and certificates covered by this section 68
because they are no longer needed in that format, the recorder 69
shall request the county records commission to revise the county's 70
schedule of records retention and disposal in accordance with 71
section 149.38 of the Revised Code to provide for the disposal of 72
those paper records. 73

       (D) The county recorder shall receive a fee of five dollars 74
for filing and indexing each notice of a lien filed pursuant to 75
this section and shall receive a fee of three dollars for filing 76
and indexing a certificate of discharge or release of the lien. 77
The fees provided for in this division shall be collected at the 78
time that the notice or certificate is presented in the office of 79
the recorder. 80

       Sec. 317.32. The county recorder shall charge and collect 81
the following fees, to include base fees for the recorder's 82
services and housing trust fund fees, collected pursuant to 83
section 317.36 of the Revised Code: 84

       (A) For recording and indexing an instrument when the 85
photocopy or any similar process is employed, a base fee of 86
fourteen dollars ~~for the first two pages~~ and a housing trust fund 87
fee of fourteen dollars for the first two pages, and a base fee of 88
four dollars and a housing trust fund fee of four dollars for each 89
subsequent page, size eight and one-half inches by fourteen 90
inches, or fraction of a page, including the caption page, of such 91
instrument; 92

       (B) For certifying a photocopy from the record previously 93
recorded, a base fee of one dollar and a housing trust fund fee of 94
one dollar per page, size eight and one-half inches by fourteen 95
inches, or fraction of a page; for each certification where the 96
recorder's seal is required, except as to instruments issued by 97
the armed forces of the United States, a base fee of fifty cents 98
and a housing trust fund fee of fifty cents; 99

       (C) For manual or typewritten recording of assignment or 100
satisfaction of mortgage or lease or any other marginal entry, a 101
base fee of four dollars and a housing trust fund fee of four 102
dollars; 103

       (D) For entering any marginal reference by separate recorded 104
instrument, a base fee of two dollars and a housing trust fund fee 105
of two dollars for each marginal reference set out in that 106
instrument, in addition to the fees set forth in division (A) of 107
this section; 108

       (E) For indexing in the real estate mortgage records, 109
pursuant to section 1309.519 of the Revised Code, financing 110
statements covering crops growing or to be grown, timber to be 111
cut, minerals or the like, including oil and gas, accounts subject 112
to section 1309.301 of the Revised Code, or fixture filings made 113
pursuant to section 1309.334 of the Revised Code, a base fee of 114
two dollars and a housing trust fund fee of two dollars for each 115
name indexed; 116

       (F) For recording manually any plat not exceeding six lines, 117
a base fee of two dollars and a housing trust fund fee of two 118
dollars, and for each additional line, a base fee of ten cents and 119
a housing trust fund fee of ten cents; 120

       (G) For filing zoning resolutions, including text and maps, 121
in the office of the recorder as required under sections 303.11 122
and 519.11 of the Revised Code, a base fee of fifty dollars and a 123
housing trust fund fee of fifty dollars, regardless of the size or 124
length of the resolutions; 125

       (H) For filing zoning amendments, including text and maps, in 126
the office of the recorder as required under sections 303.12 and 127
519.12 of the Revised Code, a base fee of ten dollars and a 128
housing trust fund fee of ten dollars for the first page and a 129
base fee of four dollars and a housing trust fund fee of four 130
dollars for each additional page; 131

       (I) For photocopying a document, other than at the time of 132
recording and indexing as provided for in division (A) of this 133
section, a base fee of one dollar and a housing trust fund fee of 134
one dollar per page, size eight and one-half inches by fourteen 135
inches, or fraction ~~thereof~~of a page, or, if a nonpaper method of 136
photocopying a document is permitted, a base fee of one dollar and 137
a housing trust fund fee of one dollar per image equivalent to a 138
page of that size, regardless of whether the requester provides 139
the equipment and other resources necessary to produce the form of 140
imaging; 141

       (J) For local facsimile transmission of a document, a base 142
fee of one dollar and a housing trust fund fee of one dollar per 143
page, size eight and one-half inches by fourteen inches, or 144
fraction ~~thereof~~of a page; for long distance facsimile 145
transmission of a document, a base fee of two dollars and a 146
housing trust fund fee of two dollars per page, size eight and 147
one-half inches by fourteen inches, or fraction ~~thereof~~of a page; 148

       (K) For recording a declaration executed pursuant to section 149
2133.02 of the Revised Code or a durable power of attorney for 150
health care executed pursuant to section 1337.12 of the Revised 151
Code, or both a declaration and a durable power of attorney for 152
health care, a base fee of at least fourteen dollars but not more 153
than twenty dollars and a housing trust fund fee of at least 154
fourteen dollars but not more than twenty dollars. 155

       In any county in which the recorder employs the photostatic 156
or any similar process for recording maps, plats, or prints, the 157
recorder shall determine, charge, and collect for the recording or 158
rerecording of any map, plat, or print, a base fee of five cents 159
and a housing trust fund fee of five cents per square inch, for 160
each square inch of the map, plat, or print filed for that 161
recording or rerecording, with a minimum base fee of twenty 162
dollars and a minimum housing trust fund fee of twenty dollars; 163
and for certifying a copy from the record, a base fee of two cents 164
and a housing trust fund fee of two cents per square inch of the 165
record, with a minimum base fee of two dollars and a minimum 166
housing trust fund fee of two dollars. 167

       The fees provided in this section shall be paid upon the 168
presentation of the instruments for record or, upon the 169
application for any certified copy of the record, or upon a 170
request for photocopying under division (I) of this section, 171
except that the payment of fees associated with the filing and 172
recording of, or the copying of, notices of internal revenue tax 173
liens and notices of other liens in favor of the United States as 174
described in division (A) of section 317.09 of the Revised Code 175
and certificates of discharge or release of those liens, shall be 176
governed by that section ~~317.09 of the Revised Code~~, and the 177
payment of fees for providing copies of instruments conveying or 178
extinguishing agricultural easements to the office of farmland 179
preservation in the department of agriculture under division (H) 180
of section 5301.691 of the Revised Code shall be governed by that 181
division. 182

       Section 2. That existing sections 317.09 and 317.32 of the 183
Revised Code are hereby repealed. 184

Section 1. That sections 317.09 and 317.32 of the Revised	10
Code be amended to read as follows:	11

Sec. 317.09. (A)(1) Notices of liens for internal revenue	12
taxes, of liens arising under section 107 of the "Comprehensive	13
Environmental Response, Compensation, and Liability Act of 1980,"	14
94 Stat. 2781, 42 U.S.C.A. 9607, as amended, and of any other lien	15
in favor of the United States, as provided in the statutes of the	16
United States or in any regulation adopted under those statutes,	17
certificates discharging the liens, and certificates of release of	18
the liens shall be filed for record, by mail or otherwise, in the	19
office of the county recorder of the county in which the property	20
subject to the lien is situated. If a duplicate copy of a notice	21
of a lien or a certificate of discharge or release of a lien is	22
provided, the recorder shall endorse on the copy the date and hour	23
that the notice or certificate was received for filing and	24
recording and shall return the copy, by mail or otherwise, to the	25
district director of the internal revenue service of the Ohio	26
district from which the notice or certificate originated, the	27
regional administrator of the region of the United States	28
environmental protection agency from which the notice or	29
certificate originated, or the other official of the United States	30
who originated the notice or certificate, whichever is applicable.	31

(2) Except as provided in division (B) of this section, when	32
a notice of a lien in favor of the United States is filed, the	33
recorder shall enter it in a book or an electronic or magnetic	34
medium known as the "federal tax and other federal lien index," in	35
alphabetical order, showing on one line the name and residence of	36
the person named in the notice, the serial number or other	37
identifying number of the notice, and the total amount of the	38
lien. ~~The~~Except as provided in division (C) of this section, the	39
recorder shall file and keep all original notices of liens in	40
numerical order. ~~When~~Except as provided in division (C) of this	41
section, when a certificate of discharge or release of any lien in	42
favor of the United States is issued by the proper official of the	43
United States, or the official's delegate, and is filed for record	44
in the office of the recorder in which the original notice of the	45
lien is filed, the recorder shall enter the certificate with the	46
date of filing in the federal tax and other federal lien index on	47
the line on which the notice of the lien so discharged or released	48
is entered and permanently attach the original certificate of	49
discharge or release to the original notice of the lien.	50

(B) If a county recorder records all instruments in two sets	51
of record books pursuant to division (C) of section 317.08 of the	52
Revised Code, notices of liens in favor of the United States and	53
certificates discharging or releasing those liens that are filed	54
with the recorder shall be recorded in the "official records" set	55
of books.	56

(C) A county recorder may use any nonpaper electronic or	57
magnetic medium specified in section 9.01 of the Revised Code to	58
record the notices of liens and the certificates of discharge or	59
release of liens covered by this section. If any of those mediums	60
is used, an "original notice," for purposes of this section, shall	61
mean the notice as originally recorded by the nonpaper electronic	62
or magnetic medium, and the recorder, instead of permanently	63
attaching an original certificate of discharge or release to the	64
original notice, shall otherwise clearly indicate on the original	65
notice that it has been discharged or released by the particular	66
certificate. If such a recorder wishes to dispose of paper	67
versions of the notices and certificates covered by this section	68
because they are no longer needed in that format, the recorder	69
shall request the county records commission to revise the county's	70
schedule of records retention and disposal in accordance with	71
section 149.38 of the Revised Code to provide for the disposal of	72
those paper records.	73

(D) The county recorder shall receive a fee of five dollars	74
for filing and indexing each notice of a lien filed pursuant to	75
this section and shall receive a fee of three dollars for filing	76
and indexing a certificate of discharge or release of the lien.	77
The fees provided for in this division shall be collected at the	78
time that the notice or certificate is presented in the office of	79
the recorder.	80

Sec. 317.32. The county recorder shall charge and collect	81
the following fees, to include base fees for the recorder's	82
services and housing trust fund fees, collected pursuant to	83
section 317.36 of the Revised Code:	84

(A) For recording and indexing an instrument when the	85
photocopy or any similar process is employed, a base fee of	86
fourteen dollars ~~for the first two pages~~ and a housing trust fund	87
fee of fourteen dollars for the first two pages, and a base fee of	88
four dollars and a housing trust fund fee of four dollars for each	89
subsequent page, size eight and one-half inches by fourteen	90
inches, or fraction of a page, including the caption page, of such	91
instrument;	92

(B) For certifying a photocopy from the record previously	93
recorded, a base fee of one dollar and a housing trust fund fee of	94
one dollar per page, size eight and one-half inches by fourteen	95
inches, or fraction of a page; for each certification where the	96
recorder's seal is required, except as to instruments issued by	97
the armed forces of the United States, a base fee of fifty cents	98
and a housing trust fund fee of fifty cents;	99

(C) For manual or typewritten recording of assignment or	100
satisfaction of mortgage or lease or any other marginal entry, a	101
base fee of four dollars and a housing trust fund fee of four	102
dollars;	103

(D) For entering any marginal reference by separate recorded	104
instrument, a base fee of two dollars and a housing trust fund fee	105
of two dollars for each marginal reference set out in that	106
instrument, in addition to the fees set forth in division (A) of	107
this section;	108

(E) For indexing in the real estate mortgage records,	109
pursuant to section 1309.519 of the Revised Code, financing	110
statements covering crops growing or to be grown, timber to be	111
cut, minerals or the like, including oil and gas, accounts subject	112
to section 1309.301 of the Revised Code, or fixture filings made	113
pursuant to section 1309.334 of the Revised Code, a base fee of	114
two dollars and a housing trust fund fee of two dollars for each	115
name indexed;	116

(F) For recording manually any plat not exceeding six lines,	117
a base fee of two dollars and a housing trust fund fee of two	118
dollars, and for each additional line, a base fee of ten cents and	119
a housing trust fund fee of ten cents;	120

(G) For filing zoning resolutions, including text and maps,	121
in the office of the recorder as required under sections 303.11	122
and 519.11 of the Revised Code, a base fee of fifty dollars and a	123
housing trust fund fee of fifty dollars, regardless of the size or	124
length of the resolutions;	125

(H) For filing zoning amendments, including text and maps, in	126
the office of the recorder as required under sections 303.12 and	127
519.12 of the Revised Code, a base fee of ten dollars and a	128
housing trust fund fee of ten dollars for the first page and a	129
base fee of four dollars and a housing trust fund fee of four	130
dollars for each additional page;	131

(I) For photocopying a document, other than at the time of	132
recording and indexing as provided for in division (A) of this	133
section, a base fee of one dollar and a housing trust fund fee of	134
one dollar per page, size eight and one-half inches by fourteen	135
inches, or fraction ~~thereof~~of a page, or, if a nonpaper method of	136
photocopying a document is permitted, a base fee of one dollar and	137
a housing trust fund fee of one dollar per image equivalent to a	138
page of that size, regardless of whether the requester provides	139
the equipment and other resources necessary to produce the form of	140
imaging;	141

(J) For local facsimile transmission of a document, a base	142
fee of one dollar and a housing trust fund fee of one dollar per	143
page, size eight and one-half inches by fourteen inches, or	144
fraction ~~thereof~~of a page; for long distance facsimile	145
transmission of a document, a base fee of two dollars and a	146
housing trust fund fee of two dollars per page, size eight and	147
one-half inches by fourteen inches, or fraction ~~thereof~~of a page;	148

(K) For recording a declaration executed pursuant to section	149
2133.02 of the Revised Code or a durable power of attorney for	150
health care executed pursuant to section 1337.12 of the Revised	151
Code, or both a declaration and a durable power of attorney for	152
health care, a base fee of at least fourteen dollars but not more	153
than twenty dollars and a housing trust fund fee of at least	154
fourteen dollars but not more than twenty dollars.	155

In any county in which the recorder employs the photostatic	156
or any similar process for recording maps, plats, or prints, the	157
recorder shall determine, charge, and collect for the recording or	158
rerecording of any map, plat, or print, a base fee of five cents	159
and a housing trust fund fee of five cents per square inch, for	160
each square inch of the map, plat, or print filed for that	161
recording or rerecording, with a minimum base fee of twenty	162
dollars and a minimum housing trust fund fee of twenty dollars;	163
and for certifying a copy from the record, a base fee of two cents	164
and a housing trust fund fee of two cents per square inch of the	165
record, with a minimum base fee of two dollars and a minimum	166
housing trust fund fee of two dollars.	167

The fees provided in this section shall be paid upon the	168
presentation of the instruments for record or, upon the	169
application for any certified copy of the record, or upon a	170
request for photocopying under division (I) of this section,	171
except that the payment of fees associated with the filing and	172
recording of, or the copying of, notices of internal revenue tax	173
liens and notices of other liens in favor of the United States as	174
described in division (A) of section 317.09 of the Revised Code	175
and certificates of discharge or release of those liens, shall be	176
governed by that section ~~317.09 of the Revised Code~~, and the	177
payment of fees for providing copies of instruments conveying or	178
extinguishing agricultural easements to the office of farmland	179
preservation in the department of agriculture under division (H)	180
of section 5301.691 of the Revised Code shall be governed by that	181
division.	182

Section 2. That existing sections 317.09 and 317.32 of the	183
Revised Code are hereby repealed.	184