The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 148 As Reported by the House Local and Municipal Government and Urban Revitalization Committee
As Reported by the House Local and Municipal Government and Urban Revitalization Committee
126th General Assembly | Regular Session | 2005-2006 |
| |
Senators Hottinger, Grendell, Carey, Spada
Representatives Wolpert, Domenick
A BILL
To amend sections 317.09 and 317.32 of the Revised Code to authorize a county recorder to use electronic or magnetic mediums for recording federal tax and other federal liens and to request the disposal of paper versions of those recorded documents, and to require a county recorder to charge and collect a per-image fee equivalent to the per-page photocopy fee when a nonpaper form of photocopying is used.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 317.09 and 317.32 of the Revised Code be amended to read as follows:
Sec. 317.09. (A)(1) Notices of liens for internal revenue
taxes, of liens arising under section 107 of the
"Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,"
94 Stat. 2781, 42 U.S.C.A. 9607, as amended, and of any other
lien
in favor of the United States, as provided in the statutes
of the
United States or in any regulation adopted under those
statutes,
certificates discharging the liens, and certificates of
release of
the liens shall be filed for record, by mail or
otherwise, in the
office of the county recorder of the county in
which the property
subject to the lien is situated. If a
duplicate copy of a notice
of a lien or a certificate of
discharge or release of a lien is
provided, the recorder shall
endorse on the copy the date and hour
that the notice or
certificate was received for filing and
recording and shall
return the copy, by mail or otherwise, to the
district director
of the internal revenue service of the Ohio
district from which
the notice or certificate originated, the
regional administrator
of the region of the United States
environmental protection
agency from which the notice or
certificate originated, or the
other official of the United States
who originated the notice or
certificate, whichever is applicable. (2) Except as provided in division (B) of this section, when a
notice of a lien in favor of the United States is filed, the
recorder shall enter it in a book or an electronic or magnetic medium known as the
"federal tax and
other federal lien index," in alphabetical order, showing on one
line the name and residence of the person named in the notice,
the
serial number or other identifying number of the notice, and
the
total amount of the lien. The Except as provided in division (C) of this section, the recorder shall file and keep
all
original notices of liens in numerical order. When Except as provided in division (C) of this section, when a
certificate
of discharge or release of any lien in favor of the
United States
is issued by the proper official of the United
States, or
the
official's delegate, and is filed for record
in the office of the
recorder in which the original notice of the lien is
filed,
the
recorder shall enter the certificate with the date of filing
in
the federal tax and other federal lien index on the line on
which
the notice of the lien so discharged or released is entered
and
permanently attach the original certificate of discharge or
release to the original notice of the lien. (B) If a county recorder records all instruments in two
sets
of record books pursuant to division
(C) of section
317.08
of
the Revised Code, notices of liens in favor of the United
States
and certificates discharging or releasing those liens that
are
filed with the recorder shall be recorded in the
"official
records" set of books. (C) A county recorder may use any nonpaper electronic or magnetic medium specified in section 9.01 of the Revised Code to record the notices of liens and the certificates of discharge or release of liens covered by this section. If any of those mediums is used, an "original notice," for purposes of this section, shall mean the notice as originally recorded by the nonpaper electronic or magnetic medium, and the recorder, instead of permanently attaching an original certificate of discharge or release to the original notice, shall otherwise clearly indicate on the original notice that it has been discharged or released by the particular certificate. If such a recorder wishes to dispose of paper versions of the notices and certificates covered by this section because they are no longer needed in that format, the recorder shall request the county records commission to revise the county's schedule of records retention and disposal in accordance with section 149.38 of the Revised Code to provide for the disposal of those paper records. (D) The county recorder shall receive a fee of five
dollars
for filing and indexing each notice of a lien filed
pursuant to
this section and shall receive a fee of three dollars
for filing
and indexing a certificate of discharge or release of
the lien.
The fees provided for in this division shall be
collected at the
time that the notice or certificate is presented
in the office of
the recorder. Sec. 317.32. The county recorder shall
charge and collect
the following fees, to include base fees for the recorder's services and housing trust fund fees, collected pursuant to section 317.36 of the Revised Code: (A) For recording and indexing an instrument when the
photocopy or any similar process is employed, a base fee of fourteen dollars
for
the first two pages and a housing trust fund fee of fourteen dollars for
the first two pages, and a base fee of four dollars and a housing trust fund fee of four dollars for each subsequent
page,
size eight and one-half inches by fourteen inches, or
fraction of
a page, including the caption page, of such
instrument; (B) For certifying a photocopy from the record previously
recorded, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction of a page; for each certification
where the recorder's seal is required, except as to instruments
issued by the armed forces of the United States, a base fee of fifty cents and a housing trust fund fee of fifty cents; (C) For manual or typewritten recording of assignment or
satisfaction of mortgage or lease or any other marginal entry, a base fee of
four dollars and a housing trust fund fee of four dollars; (D) For entering any marginal reference by separate
recorded
instrument, a base fee of two dollars and a housing trust fund fee of two dollars for each marginal reference set
out in
that instrument, in addition to the fees set
forth in
division (A) of this section; (E) For indexing in the real estate mortgage records,
pursuant to
section
1309.519 of
the
Revised Code,
financing
statements covering crops growing or to be
grown,
timber to be
cut, minerals or the like, including oil and
gas,
accounts subject
to
section
1309.301
of the
Revised Code, or fixture filings made
pursuant to section
1309.334
of the Revised Code, a base fee of two dollars and a housing trust fund fee of two dollars for
each name
indexed; (F) For recording manually any plat not exceeding six
lines, a base fee of
two dollars and a housing trust fund fee of two dollars, and for each additional line, a base fee of ten cents and a housing trust fund fee of ten cents; (G) For filing zoning resolutions, including text and
maps,
in the office of the recorder as required under sections
303.11
and 519.11 of the Revised Code, a base fee of fifty dollars and a housing trust fund fee of fifty dollars, regardless
of the
size or length of the resolutions; (H) For filing zoning amendments, including text and maps,
in the office of the recorder as required under sections 303.12
and 519.12 of the Revised Code, a base fee of ten dollars and a housing trust fund fee of ten dollars for the first page
and a base fee of
four dollars and a housing trust fund fee of four dollars for each additional page; (I) For photocopying a document, other than at the time of
recording and indexing as provided for in division (A) of this
section, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction thereof of a page, or, if a nonpaper method of photocopying a document is permitted, a base fee of one dollar and a housing trust fund fee of one dollar per image equivalent to a page of that size, regardless of whether the requester provides the equipment and other resources necessary to produce the form of imaging; (J) For local facsimile transmission of a document, a base fee of one
dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by fourteen
inches, or fraction thereof of a page; for long distance facsimile
transmission of a document, a base fee of two dollars and a housing trust fund fee of two dollars per page, size eight and
one-half inches by fourteen inches, or fraction thereof of a page; (K) For recording a declaration executed pursuant to section
2133.02 of the Revised
Code or a durable power of attorney for
health
care executed pursuant to section 1337.12 of the
Revised
Code,
or both a declaration and a durable power of attorney for
health care, a base fee of at
least fourteen dollars but not more than twenty
dollars and a housing trust fund fee of at least fourteen dollars but not more than twenty dollars. In any county in which the recorder employs the photostatic
or any similar process for recording maps, plats, or prints, the
recorder
shall determine, charge, and collect for the recording or
rerecording of any map, plat, or print, a base fee of five cents and a housing trust fund fee of five cents per
square inch, for each square inch of the map, plat, or print
filed
for that recording or rerecording, with a minimum base fee of
twenty
dollars and a minimum housing trust fund fee of twenty dollars; and for certifying a copy from the record, a base fee of
two cents
and a housing trust fund fee of two cents per square inch of the record, with a minimum base fee of
two dollars and a minimum housing trust fund fee of two dollars. The fees provided in this section shall be paid upon the
presentation of the instruments for record or, upon the
application
for any certified copy of the record, or upon a request for photocopying under division (I) of this section, except
that the payment of
fees
associated with the filing and recording of, or the copying
of,
notices of internal revenue tax liens and notices of other
liens
in favor of the United States as described in division (A)
of
section 317.09 of the Revised Code and certificates of
discharge
or release of those liens, shall be
governed by that section
317.09 of the Revised Code, and the payment of
fees for
providing
copies of instruments conveying or extinguishing agricultural
easements to the office of farmland preservation in the department of agriculture under division
(H) of section 5301.691 of the Revised Code shall be governed by
that
division.
Section 2. That existing sections 317.09 and 317.32 of the Revised Code are hereby repealed.
|