|
|
| To amend section 317.36 and to enact sections | 1 |
| 317.114 and 317.37 of the Revised Code to | 2 |
| establish standard format requirements for | 3 |
| documents to be recorded by a county recorder and | 4 |
| to allow recording of a single instrument for | 5 |
| multiple transactions pertaining to oil and gas. | 6 |
| Section 1. That section 317.36 be amended and sections | 7 |
| 317.114 and 317.37 of the Revised Code be enacted to read as | 8 |
| follows: | 9 |
| Sec. 317.114. (A) Except as otherwise provided in division | 11 |
| (B) of this section, an instrument or document presented for | 12 |
| recording to the county recorder shall have been prepared in | 13 |
| accordance with all of the following requirements: | 14 |
| (1) Print size not smaller than a computer font size of ten; | 15 |
| (2) Minimum paper size of eight and one-half inches by eleven | 16 |
| inches; | 17 |
| (3) Maximum paper size of eight and one-half inches by | 18 |
| fourteen inches; | 19 |
| (4) Black or blue ink only; | 20 |
| (5) No use of highlighting; | 21 |
| (6) Margins of one-inch width on each side of each page of | 22 |
| the instrument or document; | 23 |
| (7) A margin of one-inch width across the bottom of each page | 24 |
| of the instrument or document; | 25 |
| (8) A three-inch margin of blank space across the top of the | 26 |
| first page of each instrument or document to accommodate any | 27 |
| certification or indorsement of the county engineer, county | 28 |
| auditor, or county recorder, as may be required by law, with the | 29 |
| right half of that margin being reserved for the indorsement of | 30 |
| the county recorder required by section 317.12 of the Revised | 31 |
| Code; and | 32 |
| (9) A one and one-half-inch margin across the top of each of | 33 |
| the remaining pages of the instrument or document. | 34 |
| The county recorder shall accept for recording an instrument | 35 |
| or document that does not conform to the foregoing requirements | 36 |
| but shall charge and collect the following additional fees for | 37 |
| each such instrument or document: an additional base fee for the | 38 |
| recorder's services of ten dollars and a housing trust fund fee of | 39 |
| ten dollars, which shall be collected pursuant to section 317.36 | 40 |
| of the Revised Code. | 41 |
| (B) This section does not apply to any of the following: | 42 |
| (1) Any document that originates with any court or taxing | 43 |
| authority; | 44 |
| (2) Any document authorized to be recorded under section | 45 |
| 317.24 of the Revised Code; | 46 |
| (3) Any plat, as defined in section 711.001 of the Revised | 47 |
| Code, that is required or authorized by the Revised Code to be | 48 |
| recorded; | 49 |
| (4) Any document authorized to be recorded that originates | 50 |
| from any state or federal agency; | 51 |
| (5) Any document executed before the effective date of this | 52 |
| section. | 53 |
| Sec. 317.36. (A) The county recorder shall collect the low- | 54 |
| and moderate-income housing trust fund fee as specified in | 55 |
| sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23, | 56 |
| 4509.60, 5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, | 57 |
| 6101.09, and 6115.09 of the Revised Code. The amount of any | 58 |
| housing trust fund fee the recorder is authorized to collect is | 59 |
| equal to the amount of any base fee the recorder is authorized to | 60 |
| collect for services. The housing trust fund fee shall be | 61 |
| collected in addition to the base fee. | 62 |
| (B) The recorder shall certify the amounts collected as | 63 |
| housing trust fund fees pursuant to division (A) of this section | 64 |
| into the county treasury as housing trust fund fees to be paid to | 65 |
| the treasurer of state pursuant to section 319.63 of the Revised | 66 |
| Code. | 67 |
| Sec. 317.37. As used in sections 5301.28 to 5301.35 of the | 68 |
| Revised Code, "separate instrument" means either the recording of | 69 |
| an entirely new instrument or a written and signed entry on the | 70 |
| margin of the original instrument bearing the proper endorsement | 71 |
| that is recorded distinct and apart from the original instrument | 72 |
| of record. For instruments that convey or affect an interest in | 73 |
| crude oil or natural gas, such as a lease, assignment, easement, | 74 |
| lien, or right-of-way, in a county in which the county recorder | 75 |
| requires an assignment, release, partial release, satisfaction, | 76 |
| cancellation, or waiver of priority to be made by separate | 77 |
| instrument, the county recorder does not have the power to limit | 78 |
| the number of assignments, releases, partial releases, | 79 |
| satisfactions, cancellations, or waivers of priority that may be | 80 |
| executed and recorded by means of a single instrument. | 81 |
| Section 2. That existing section 317.36 of the Revised Code | 82 |
| is hereby repealed. | 83 |
| Section 3. Sections 1 and 2 of this act take effect July 1, | 84 |
| 2009. | 85 |