CHAPTER 7. MILEAGE AND FEES OF COUNTY OFFICERS
IC 36-2-7
Chapter 7. Mileage and Fees of County Officers
IC 36-2-7-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-2
Compensation of county officers and employees
Sec. 2. Except as otherwise provided by sections 6, 9, and 13 ofthis chapter, the compensation fixed for county officers andemployees under this title is in full for all governmental services andin lieu of all:
(1) fees;
(2) per diems;
(3) penalties;
(4) costs;
(5) interest;
(6) forfeitures;
(7) percentages;
(8) commissions;
(9) allowances;
(10) mileage; and
(11) other remuneration;
which shall be paid into the county general fund.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-3
County officers; mileage allowance
Sec. 3. County officers, except for officers subject to sections 4and 5 of this chapter, are entitled to a sum for mileage in theperformance of their official duties in an amount determined by thecounty fiscal body.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.10-1997,SEC.26.
IC 36-2-7-4
County sheriff; mileage allowance
Sec. 4. (a) This chapter does not apply to travel required of acounty sheriff under the Uniform Criminal Extradition Act (IC35-33-10).
(b) If the county sheriff uses a personal automobile for travelwithin Indiana for use in an emergency, the county sheriff is entitledto a sum for mileage at a rate determined by the county fiscal body.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1989,SEC.226; P.L.10-1997, SEC.27.
IC 36-2-7-5
Persons entitled to mileage allowance; itemized claims Sec. 5. (a) The following persons may use their own conveyanceswhen necessary for the performance of their official duties, and areentitled to a sum for mileage at a rate determined by the county fiscalbody:
(1) The county surveyor, if authorized by the county executiveto use his own conveyance.
(2) The county coroner, if authorized by the county executiveto use his own conveyance.
(3) A deputy or other employee of the county surveyor orcounty coroner, if authorized by the county executive to use hisown conveyance.
(4) A deputy or other employee of the county assessor, ifengaged in field work and authorized by the assessor to use hisown conveyance.
An assessing team is entitled to only one (1) sum for mileage undersubdivision (4).
(b) The county executive may not make a mileage allowanceunder subsection (a)(1), (a)(2), or (a)(3) if the executive furnishesand maintains a vehicle for the officer or deputy in question.
(c) A person seeking compensation under this section must file anitemized claim with the county executive each month underIC 36-2-6.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.10-1997,SEC.28.
IC 36-2-7-6
Mileage allowance in addition to other compensation
Sec. 6. Sums for mileage prescribed by this chapter are in additionto other compensation prescribed by statute, and the personsreceiving such sums are not required to pay them into the countygeneral fund.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-7
Changes in sum allowed per mile
Sec. 7. Any changes in the sum per mile that the state establishesby July 1 of any year shall be included in the compensation that thecounty fiscal body fixes in that same year to take effect January 1 ofthe next year. However, the fiscal body may, by ordinance, providefor the change in the sum per mile to take effect before January 1 ofthe next year.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980,P.L.125, SEC.22.
IC 36-2-7-8
Effect of chapter
Sec. 8. This chapter does not affect statutes permitting counties tofurnish motor vehicles for use of a county officer.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-9
Sums county sheriff not required to pay into county general fund
Sec. 9. This chapter does not require the county sheriff to pay thefollowing into the county general fund:
(1) Any damages set forth in a warrant that is issued by thedepartment of state revenue and on which collection is made bythe sheriff, including damages prescribed by IC 6-8.1-8.
(2) Sums, other than court fees, retained by the circuit courtclerk for the sheriff from the collections obtained by warrantsof the department of workforce development.
(3) Sums allowed by IC 36-8 to sheriffs for the feeding ofprisoners.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1982,P.L.33, SEC.18; P.L.18-1987, SEC.109; P.L.21-1995, SEC.148;P.L.173-2003, SEC.21.
IC 36-2-7-10
County recorder's fee
Sec. 10. (a) The county recorder shall tax and collect the feesprescribed by this section for recording, filing, copying, and otherservices the recorder renders, and shall pay them into the countytreasury at the end of each calendar month. The fees prescribed andcollected under this section supersede all other recording feesrequired by law to be charged for services rendered by the countyrecorder.
(b) The county recorder shall charge the following:
(1) Six dollars ($6) for the first page and two dollars ($2) foreach additional page of any document the recorder records ifthe pages are not larger than eight and one-half (8 1/2) inchesby fourteen (14) inches.
(2) Fifteen dollars ($15) for the first page and five dollars ($5)for each additional page of any document the recorder records,if the pages are larger than eight and one-half (8 1/2) inches byfourteen (14) inches.
(3) For attesting to the release, partial release, or assignment ofany mortgage, judgment, lien, or oil and gas lease contained ona multiple transaction document, the fee for each transactionafter the first is the amount provided in subdivision (1) plus theamount provided in subdivision (4) and one dollar ($1) formarginal mortgage assignments or marginal mortgage releases.
(4) One dollar ($1) for each cross-reference of a recordeddocument.
(5) One dollar ($1) per page not larger than eight and one-half(8 1/2) inches by fourteen (14) inches for furnishing copies ofrecords and two dollars ($2) per page that is larger than eightand one-half (8 1/2) inches by fourteen (14) inches.
(6) Five dollars ($5) for acknowledging or certifying to adocument.
(7) Five dollars ($5) for each deed the recorder records, inaddition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 21-47-3-3 orIC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 fortransmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted bythe county legislative body for duplicating a computer tape, acomputer disk, an optical disk, microfilm, or similar media.This fee may not cover making a handwritten copy or aphotocopy or using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording adocument that is paid at the time of recording. The fee underthis subdivision is in addition to other fees provided by law forrecording a document.
(11) Three dollars ($3) for each mortgage on real estaterecorded, in addition to other fees required by this section,distributed as follows:
(A) Fifty cents ($0.50) is to be deposited in the recorder'srecord perpetuation fund.
(B) Two dollars and fifty cents ($2.50) is to be distributed tothe auditor of state on or before June 20 and December 20 ofeach year as provided in IC 24-9-9-3.
(12) This subdivision applies in a county only if at least one (1)unit in the county has established an affordable housing fundunder IC 5-20-5-15.5 and the county fiscal body adopts anordinance authorizing the fee described in this subdivision. Anordinance adopted under this subdivision may authorize thecounty recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(13) This subdivision applies in a county containing aconsolidated city that has established a housing trust fund underIC 36-7-15.1-35.5(e). The county fiscal body may adopt anordinance authorizing the fee described in this subdivision. Anordinance adopted under this subdivision may authorize thecounty recorder to charge a fee of:
(A) two dollars and fifty cents ($2.50) for the first page; and
(B) one dollar ($1) for each additional page;
of each document the recorder records.
(c) The county recorder shall charge a two dollar ($2) countyidentification security protection fee for recording or filing adocument. This fee shall be deposited under IC 36-2-7.5-6.
(d) The county treasurer shall establish a recorder's recordsperpetuation fund. All revenue received under section 10.1 of thischapter, subsection (b)(5), (b)(8), (b)(9), and (b)(10), andIC 36-2-7.5-6(c)(1) (after June 30, 2011), and fifty cents ($0.50)from revenue received under subsection (b)(11), shall be depositedin this fund. The county recorder may use any money in this fundwithout appropriation for the preservation of records and theimprovement of record keeping systems and equipment. Money from
the fund may not be deposited or transferred into the county generalfund and does not revert to the county general fund at the end of afiscal year.
(e) As used in this section, "record" or "recording" includes thefunctions of recording, filing, and filing for record.
(f) The county recorder shall post the fees set forth in subsection(b) in a prominent place within the county recorder's office where thefee schedule will be readily accessible to the public.
(g) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, anappointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-17-2-3.
(E) IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(h) The state and its agencies and instrumentalities are required topay the recording fees and charges that this section prescribes.
(i) This subsection applies to a county other than a countycontaining a consolidated city. The county treasurer shall distributemoney collected by the county recorder under subsection (b)(12) asfollows:
(1) Sixty percent (60%) of the money collected by the countyrecorder under subsection (b)(12) shall be distributed to theunits in the county that have established an affordable housingfund under IC 5-20-5-15.5 for deposit in the fund. The amountto be distributed to a unit is the amount available fordistribution multiplied by a fraction. The numerator of thefraction is the population of the unit. The denominator of thefraction is the population of all units in the county that haveestablished an affordable housing fund. The population to beused for a county that establishes an affordable housing fund isthe population of the county outside any city or town that hasestablished an affordable housing fund.
(2) Forty percent (40%) of the money collected by the countyrecorder under subsection (b)(12) shall be distributed to thetreasurer of state for deposit in the affordable housing andcommunity development fund established under IC 5-20-4-7 forthe purposes of the fund.
Money shall be distributed under this subsection before the sixteenthday of the month following the month in which the money iscollected from the county recorder.
(j) This subsection applies to a county described in subsection(b)(13). The county treasurer shall distribute money collected by thecounty recorder under subsection (b)(13) as follows:
(1) Sixty percent (60%) of the money collected by the countyrecorder under subsection (b)(13) shall be deposited in the
housing trust fund established under IC 36-7-15.1-35.5(e) forthe purposes of the fund.
(2) Forty percent (40%) of the money collected by the countyrecorder under subsection (b)(13) shall be distributed to thetreasurer of state for deposit in the affordable housing andcommunity development fund established under IC 5-20-4-7 forthe purposes of the fund.
Money shall be distributed under this subsection before the sixteenthday of the month following the month in which the money iscollected from the county recorder.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.269, SEC.2; P.L.342-1983, SEC.1; P.L.290-1985, SEC.8;P.L.98-1986, SEC.10; P.L.167-1987, SEC.11; P.L.5-1988, SEC.211;P.L.231-1989, SEC.11; P.L.18-1990, SEC.290; P.L.45-1990, SEC.6;P.L.190-1991, SEC.6; P.L.2-1992, SEC.887; P.L.58-1993, SEC.19;P.L.31-1994, SEC.10; P.L.314-1995, SEC.1; P.L.273-1995, SEC.2;P.L.211-1996, SEC.4; P.L.151-1999, SEC.2; P.L.241-1999, SEC.2;P.L.2-2002, SEC.107; P.L.2-2003, SEC.101; P.L.73-2004, SEC.47;P.L.171-2006, SEC.9; P.L.169-2006, SEC.50; P.L.2-2007, SEC.384;P.L.211-2007, SEC.47; P.L.215-2007, SEC.4; P.L.3-2008, SEC.256;P.L.45-2010, SEC.2.
IC 36-2-7-10.1
Sale of documents in bulk form to bulk users
Sec. 10.1. (a) As used in this section, "bulk form" means:
(1) a copy of all recorded documents received by the countyrecorder for recording in a calendar day, week, month, or year;
(2) the indices for finding, retrieving, and viewing all recordeddocuments received by the county recorder for recording in acalendar day, week, month, or year; or
(3) both subdivisions (1) and (2).
(b) As used in this section, "bulk user" means an individual, acorporation, a partnership, a limited liability company, or anunincorporated association that purchases bulk form copies.However, "bulk user" does not include an individual, a corporation,a partnership, a limited liability company, or an unincorporatedassociation whose primary purpose is to resell public records.
(c) As used in this section, "copy" means:
(1) duplicating electronically stored data onto a disk, tape,drum, or any other medium of electronic data storage; or
(2) reproducing on microfilm.
(d) As used in this section, "indices" means all of the indexinginformation used by the county recorder for finding, retrieving, andviewing a recorded document.
(e) As used in this section, "recorded document" means a writing,a paper, a document, a plat, a map, a survey, or anything elsereceived at any time for recording or filing in the public recordsmaintained by the county recorder.
(f) The county recorder shall collect the fees prescribed by thissection for the sale of recorded documents in bulk form copies to
bulk users of public records. The county recorder shall pay the feesinto the county treasury at the end of each calendar month. The feesprescribed and collected under this section supersede all other feesfor bulk form copies required by law to be charged for servicesrendered by the county recorder to bulk users.
(g) Except as provided by subsection (h), the county recorder shallcharge bulk users the following for bulk form copies:
(1) Seven cents ($0.07) per page for a recorded document,including the index of the instrument number or book and page,or both, for retrieving the recorded document.
(2) Seven cents ($0.07) per recorded document for a copy of theother indices used by the county recorder for finding, retrieving,and viewing a recorded document.
(h) As used in this subsection, "actual cost" does not include laborcosts or overhead costs. The county recorder may charge a fee thatexceeds the amount established by subsection (g) if the actual cost ofproviding the bulk form copies exceeds the amount established bysubsection (g). However, the total amount charged for the bulk formcopies may not exceed the actual cost plus one cent ($0.01) ofproviding the bulk form copies.
(i) The county recorder shall provide bulk users with bulk formcopies in the format or medium in which the county recordermaintains the recorded documents and indices. If the county recordermaintains the recorded documents and indices in more than one (1)format or medium, the bulk user may select the format or medium inwhich the bulk user shall receive the bulk form copies. If the countyrecorder maintains the recorded documents and indices for finding,retrieving, and viewing the recorded documents in an electronic ora digitized format, a reasonable effort shall be made to provide thebulk user with bulk form copies in a standard, generally acceptable,readable format. Upon request of the bulk user, the county recordershall provide the bulk form copies to the bulk user within areasonable time after the recorder's archival process is completed andbulk form copies become available in the office of the countyrecorder.
(j) Bulk form copies under this section may be used:
(1) in the ordinary course of the business of the bulk user; and
(2) by customers of the bulk user.
(k) The bulk user may charge its customers a fee for using thebulk form copies obtained by the bulk user. However, bulk formcopies obtained by a bulk user under this section may not be resold.
(l) All revenue generated by the county recorder under this sectionshall be deposited in the recorder's record perpetuation fund and usedby the recorder in accordance with section 10(d) of this chapter.
(m) This section does not apply to enhanced access underIC 5-14-3-3.
As added by P.L.151-1999, SEC.3. Amended by P.L.171-2006,SEC.10; P.L.160-2007, SEC.3; P.L.215-2007, SEC.5.
IC 36-2-7-11Repealed
(Repealed by P.L.58-1993, SEC.20.)
IC 36-2-7-12
Repealed
(Repealed by P.L.58-1993, SEC.20.)
IC 36-2-7-13
County assessor reassessment activities; per diem
Sec. 13. The county fiscal body may grant to the county assessor,in addition to the compensation fixed under IC 36-2-5, a per diem foreach day that the assessor is engaged in general reassessmentactivities. This section applies regardless of whether professionalassessing services are provided under a contract to one (1) or moretownships in the county.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.74-1987,SEC.22; P.L.6-1997, SEC.205; P.L.223-1997, SEC.1;P.L.253-1997(ss), SEC.30; P.L.198-2001, SEC.105; P.L.146-2008,SEC.691.
IC 36-2-7-14
Repealed
(Repealed by P.L.58-1993, SEC.20.)
IC 36-2-7-15
Fee books and cash books
Sec. 15. The clerk of the circuit court, county auditor, countytreasurer, county recorder, and county sheriff shall keep, in properfee books, an accurate account of all fees and charges required bythis statute for services performed by them or their employees. Eachof these officers shall also keep a cashbook, in which he shall enter:
(1) each sum of money received, in the order received;
(2) the date of receipt;
(3) the name of the person from whom the sum was received;and
(4) the reason the sum was received.
He shall keep his fee books and cashbooks open for inspection anddeliver them to his successor in office as a part of the records of hisoffice.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-16
Fee books; inspection; failure to deliver; penalty
Sec. 16. (a) At each of its meetings, the county executive and itsattorney shall inspect the records of county officers who collect feesand compare them with the accounts submitted by those officers.
(b) A county officer who fails to deliver a fee book for inspectionunder this section shall forfeit one hundred dollars ($100), to becollected by the prosecuting attorney of the county and paid into thecommon school fund of the county.As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-17
Failure to pay over fees collected; forfeiture
Sec. 17. An officer who fails to pay the amount due from him intothe county treasury shall forfeit to the state a sum equal to theamount of fees actually collected during that quarter, to be collectedby the prosecuting attorney of the county and paid into the commonschool fund of the county.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-18
Prohibited acts; violation; offense; liability
Sec. 18. An officer named in this chapter who knowingly:
(1) taxes any fees or makes any charges for services he does notactually perform;
(2) charges for any services any rate or fee other than thatallowed by statute; or
(3) fails to enter, tax, or charge at the proper time the properfees for services;
commits a Class A misdemeanor and is liable personally upon hisbond for any damage or loss sustained by the county.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-7-19
County elected officials training fund
Sec. 19. (a) As used in this section, "fund" refers to a countyelected officials training fund established under subsection (b).
(b) Each county legislative body shall before July 1, 2011,establish a county elected officials training fund. The county fiscalbody shall appropriate money from the fund.
(c) The fund consists of money deposited underIC 36-2-7.5-6(c)(3) and any other sources required or permitted bylaw. Money in the fund does not revert to the county general fund.
(d) Money in the fund shall be used solely to provide training ofcounty elected officials required by IC 36-2-11-2.5, IC 36-2-12-2.5,and other similar laws.
As added by P.L.45-2010, SEC.3.