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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 569 By: Newhouse of the Senate
and
Kannady and Lawson of the
House
An Act relating to county clerks; amending 19 O.S.
2011, Section 245, as last amended by Section 1,
Chapter 48, O.S.L. 2019 (19 O.S. Supp. 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 relate s to register of
deeds; allowing exception in accordance with the
Uniform Real Property Electronic Reco rding 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 (19 O.S. Supp. 2020,
Section 245), is amended to read as follows:
Section 245. A. It shall be the duty of the county clerk to
designate upon every account, which shall be audited and allowed by
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the board, the amount so allowed, and the clerk shal l deliver to any
person a copy certified or otherwise of any record in the clerk ’s
office and any account on file thereon, upon receiving the fee
allowed pursuant to the Oklahoma Open Records Act or the county
clerk fee schedule, Section 32 of Title 28 of the Oklahoma Statutes,
for every page contained in the copy. Upon demand, the clerk shall
furnish a certified copy in the form as it exists and at the
preference of the requestor as provided by the Oklahoma Open Records
Act or the county clerk fee schedul e. 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 reasonable fee for providing such recor ds. For
purposes of this section, “reasonable fee” shall mean the fee
charged by the clerk shall not exceed twenty -five cents ($0.25) per
image or fifteen cents ($0.15) per image for providing more than
three thousand five hundred (3,500) images in an ele ctronic format.
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 prov iding records in an
electronic format shall be supplied by the county clerk. News media
obtaining records in an electronic format for a news purpose and
licensed abstractors performing their duties pursuant to state law
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shall be exempt from the fees provi ded for in this subsection.
Nothing in this section shall be construed to allow county clerks to
provide all or part of a tract index for use in any commercial
purpose.
SECTION 2. AMENDATORY 19 O.S. 2011, Section 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 name of the
county, the words “Oklahoma” and “Register of Deeds.” He Except as
provided in the Uniform Real Property Ele ctronic Recording Act, he
or she shall attach such seal to all instruments filed or recorded
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 effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 04/05/2021 - DO PASS.