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Am. Sub. H. B. No. 525 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Peterson, Setzer, Harwood, Szollosi, Raussen, Chandler, Uecker, Adams, Batchelder, Blessing, Boyd, Brown, Ciafardini, Coley, Domenick, Dyer, Evans, Flowers, Gardner, Gerberry, Hite, Huffman, Letson, Lundy, Mecklenborg, Nero, Patton, Schneider, Stebelton
A BILL
To amend section 317.36 and to enact sections
317.114 and 317.37 of the Revised Code
to
establish standard format requirements for
documents to be recorded by a county recorder and
to allow
recording of a single instrument for
multiple transactions
pertaining to oil and gas.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 317.36 be amended and sections
317.114 and 317.37 of the Revised Code be
enacted to
read as
follows:
Sec. 317.114. (A) Except as otherwise provided in division
(B) of this section, an instrument or document presented for
recording to
the county recorder shall have been prepared in
accordance with
all of the following requirements:
(1) Print size not smaller than a computer font size of ten;
(2) Minimum paper size of eight and one-half inches by eleven
inches;
(3) Maximum paper size of eight and one-half inches by
fourteen inches;
(4) Black or blue ink only;
(5) No use of highlighting;
(6) Margins of one-inch width on each side of each page of
the instrument or document;
(7) A margin of one-inch width across the bottom of each page
of the instrument or document;
(8) A three-inch margin of blank space across the top of the
first page of each instrument or document to accommodate any
certification or indorsement of the county engineer, county
auditor, or county recorder, as may be required by law, with the
right half of that margin being reserved for the indorsement of
the county recorder required by section 317.12 of the Revised
Code; and
(9) A one and one-half-inch margin across the top of each of
the remaining pages of the instrument or document.
The county recorder shall accept for recording an instrument
or document that does not conform to the foregoing requirements
but shall charge and collect the following additional fees for
each such instrument or document: an additional base fee for the
recorder's services of ten dollars and a housing trust fund fee of
ten dollars, which shall be collected pursuant to section 317.36
of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any document that originates with any court or taxing
authority;
(2) Any document authorized to be recorded under section
317.24 of the Revised Code;
(3) Any plat, as defined in section 711.001 of the Revised
Code, that is required or authorized by the Revised Code to be
recorded;
(4) Any document authorized to be recorded that originates
from any state or federal agency;
(5) Any document executed before the effective date of this
section.
Sec. 317.36. (A) The county recorder shall collect the low-
and moderate-income housing trust fund fee as specified in
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,
4509.60, 5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22,
6101.09, and 6115.09 of the Revised Code. The amount of any
housing trust fund fee the recorder is authorized to collect is
equal to the amount of any base fee the recorder is authorized to
collect for services. The housing trust fund fee shall be
collected in addition to the base fee.
(B) The recorder shall certify the amounts collected as
housing trust fund fees pursuant to division (A) of this section
into the county treasury as housing trust fund fees to be paid to
the treasurer of state pursuant to section 319.63 of the Revised
Code.
Sec. 317.37. As used in sections 5301.28 to 5301.35 of the
Revised Code, "separate instrument" means either the recording of
an entirely new instrument or a written and signed entry on the
margin of the original instrument bearing the proper endorsement
that is recorded distinct and apart from the original instrument
of record. For instruments that convey or affect an interest in
crude oil or natural gas, such as a lease, assignment, easement,
lien, or right-of-way, in a county in which the county recorder
requires an assignment, release, partial release, satisfaction,
cancellation, or waiver of priority to be made by separate
instrument, the county recorder does not have the power to limit
the number of assignments, releases, partial releases,
satisfactions, cancellations, or waivers of priority that may be
executed and recorded by means of a single instrument.
Section 2. That existing section 317.36 of the Revised Code
is hereby repealed.
Section 3. Sections 1 and 2 of this act take effect July 1,
2009.
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