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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 78 By: Newhouse of the Senate
and
Ford of the House
An Act relating to county clerks; amending 19 O.S.
2021, Section 245, which relates to duties as to
audited accounts; permitti ng 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. 2021, 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. 2021, 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 shal l be audited and allowed by
the board, the amount so allowed, and the cler k shall deliver to any
person a copy certified or otherwise of any record in the clerk ’s
office and any account on file thereon, upon receiv ing the fee
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allowed pursuant to the Oklaho ma 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 sha ll
furnish a certified copy in the form as it exists and at the
preference of the reques tor as provided by the Oklahoma Open Records
Act or the county clerk fee s chedule. 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 e lectronic format, the
clerk may charge a reasonable fee for providing such records. 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 im age for providing more than
three thousand five hundred (3,500) images in an electronic 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 providing records in an
electronic format shall 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. 2021, 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 nam e of the
county, the words “Oklahoma” and “Register of Deeds.” He “Register
of Deeds”. Except as provided in the Uniform Real Property
Electronic Recording 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 effec tive November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
04/10/2023 - DO PASS.