LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6911 NOTE PREPARED: Feb 10, 2022 BILL NUMBER: SB 357 BILL AMENDED: Feb 10, 2022 SUBJECT: Acceptance of Electronic Conveyance Documents. FIRST AUTHOR: Sen. Brown L BILL STATUS: CR Adopted - 2 nd House FIRST SPONSOR: Rep. Engleman FUNDS AFFECTED: GENERAL IMPACT: Local DEDICATED FEDERAL Summary of Legislation: (Amended) Efiling: Effective January 1, 2024, this bill provides that a county recorder, auditor, or assessor may not refuse to accept or endorse a document because the document is an electronic document. The bill provides that certain recording requirements do not apply to a military discharge, a survey of real property, or a plat of real property. Recording Fee: The bill provides that if a county auditor has not collected the recording fee for a tax deed, the county recorder shall collect the recording fee when the tax deed is recorded. Endorsement Fee Revenue: This bill also requires the county auditor to use revenue collected for endorsing documents for the maintenance of property tax records (instead of platbooks). The bill makes conforming amendments. Effective Date: July 1, 2022. Explanation of State Expenditures: Explanation of State Revenues: Explanation of Local Expenditures: Efiling: Under current law, all county recorders will be required to accept efiling and erecording by July 1, 2022. County assessors and auditors are not required to do so. There are currently about 25 counties where at least one official (assessor, auditor) does not accept efiling. SB 357 1 Under this bill, county assessors and auditors will have to accept electronic documents by January 1, 2024. County offices that accept efiling appear to have partnered with one or more vendors who provide efiling and erecording services to the public. There will be little to no additional local expenditures under this bill for the remaining counties as long as the affected offices have a computer with Internet access. Endorsement Fee Revenue: Under current law, county auditors collect a $10 fee for each deed, or legal description contained in a deed, for which the auditor makes an endorsement. The revenue may be used only for maintaining plat books. This provision will instead permit the revenue to be used to maintain all property tax records. This provision does not change the amount of the fees collected. Explanation of Local Revenues: (Revised) Recording Fee: This provision has no fiscal impact. Under current law, the county auditor must collect a recording fee when the auditor executes a tax deed. Under this provision, the auditor will be permitted, and not required, to collect the fee. The county recorder will collect the fee if it is not collected by the auditor. Total fees will not be impacted. State Agencies Affected: Local Agencies Affected: County recorders, assessors, and auditors. Information Sources: County Recorder Association. Fiscal Analyst: Bob Sigalow, 317-232-9859. SB 357 2