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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 569 By: Newhouse
COMMITTEE SUBSTITUTE
An Act relating to county clerks; amending 19 O.S.
2011, Section 245, as last amende d by Section 1,
Chapter 48, O.S.L. 2019 (19 O.S. Su pp. 2020, Section
245), which relates to duties as to audited accounts;
permitting certified copies to be made in accordance
with the Uniform Real Property Electronic Recording
Act; allowing fee to be charged for certified records
in accordance with certain fee schedule ; amending 19
O.S. 2011, Section 285, which relates to register of
deeds; allowing exception in accordance with the
Uniform Real Property Electronic Recording Act;
making language gender-neutral; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 245, as last
amended by Section 1, Chapter 48, O.S.L. 2019 (1 9 O.S. Supp. 2020,
Section 245), is amended to read as follows:
Section 245. A. It shall be the duty of the county clerk t o
designate upon every account, which shall be audi ted and allowed by
the board, the amount so allowed, and the clerk shall deliver to any
person a copy certified or o therwise of any record in the clerk ’s
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office and any account on file thereon, upon receiv ing the fee
allowed pursuant to the Oklahoma Open R ecords Act or the county
clerk fee schedule, Section 32 of Title 28 of the Oklaho ma Statutes,
for every page contain ed in the copy. Upon demand, the clerk shall
furnish a certified co py in the form as it exists and at the
preference of the requestor as pr ovided by the Oklahoma Ope n Records
Act or the county clerk fee schedule. Certified copies may be
provided in paper or digital format in accordance with the Uniform
Real Property Electronic Recording Act.
B. If the clerk provides records in an electronic format, the
clerk may charge a reas onable fee for providing such records. For
purposes of this section, “reasonable fee” shall mean the fee
charged by the clerk shall not exceed twen ty-five cents ($0.25) per
image or fifteen cents ($0.15) per image for p roviding more than
three thousand five hundred (3,500) images in an electronic fo rmat.
If the clerk provides certified records, the clerk may charge a fee
for the certification in accordance with the current fee schedule
found in subsection A of Section 32 of Title 28 of the Oklahoma
Statutes. All recording devices for providing reco rds in an
electronic format sh all be supplied by the county clerk. News medi a
obtaining records in an electronic format for a n ews purpose and
licensed abstractors performing their duties pursuant to state law
shall be exempt from the fees provided for in this subsection.
Nothing in this section shall be construed to allow county clerks to
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provide all or part of a tract index for use in any commercial
purpose.
SECTION 2. AMENDATORY 19 O.S. 2011, Sectio n 285, is
amended to read as follows:
Section 285. The register of deeds shall keep a seal, to be
furnished by the county, which seal shall contain the nam e of the
county, the words “Oklahoma” and “Register of Deeds.” He Except as
provided in the Unif orm Real Property Electronic Re cording Act, he
or she shall attach such seal to all instruments filed or rec orded
in his or her office, together with his or her signature and
certificate to all certified copies of any instrument on file or of
record in his or her office, which he or she is required to issue.
SECTION 3. This act shall become effecti ve November 1, 2021.
58-1-1771 MR 2/25/2021 1:52:07 PM