Sec. 10.2. (a) As used in this section, “fund” refers to the county recorder’s records perpetuation fund established under section 10(f) of this chapter.

     (b) A county recorder may pay all or a portion of the expenses of the county recorder’s office for the following calendar year from the fund only if:

(1) the county recorder submits to the county fiscal body a sworn statement that:

(A) the current revenue to the fund is sufficient to fulfill the statutory purpose of the fund;

(B) the technology of the county recorder’s office is presently updated and at a level to sufficiently meet the statutory purposes of the fund and the county recorder’s office;

(C) the fund has a sufficient reserve, consistent with the recorder’s plan, to capitalize the next technology or other records management upgrade necessary to fulfill the statutory purpose of the fund and the county recorder’s office; and

(D) the county recorder specifically requests that all or a specific, identifiable portion of the fund be used to pay the expenses of the county recorder’s office for the following calendar year; and

(2) the county fiscal body adopts an ordinance approving the recorder’s request under subsection (c).

     (c) Upon receiving the county recorder’s sworn statement, the county fiscal body may adopt an ordinance approving the county recorder’s request. If the ordinance is adopted, the county fiscal body shall, if specifically requested by the recorder for the following calendar year, approve sufficient money from the fund. The county fiscal body may not approve any more money from the fund for any purpose in excess of that requested by the county recorder.

     (d) A county recorder’s request and the county fiscal body’s approval are valid for only the following calendar year. The requirements of this section must be met for each calendar year.

As added by P.L.125-2014, SEC.2. Amended by P.L.127-2017, SEC.38.