Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB78 Compare Versions

Version 1 (Old)

Version 2 (New)

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3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 78 By: Newhouse of the Senate
7	37
8	38		and
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10	40		Ford of the House
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15	45		An Act relating to county clerks; amending 19 O.S.
16	46		2021, Section 245, which relates to duties as to
17	47		audited accounts; permitti ng certified copies to be
18	48		made in accordance with the Uniform Real Property
19	49		Electronic Recording Act; allowing fee to be charged
20	50		for certified records in accordance with certain fee
21	51		schedule; amending 19 O.S. 2021, Section 285, which
22	52		relates to register of deeds; allowing exception in
23	53		accordance with the Uniform Real Property Electronic
24	54		Recording Act; making language gender neutral; and
25	55		providing an effective date.
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31		-	SUBJECT: County clerks
32		-
33	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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35	62		SECTION 1. AMENDATORY 19 O.S. 2021, Section 245, is
36	63		amended to read as follows:
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38	64		Section 245. A. It shall be the duty of the county clerk t o
39	65		designate upon every account, which shal l be audited and allowed by
40	66		the board, the amount so allowed, and the cler k shall deliver to any
41	67		person a copy certified or otherwise of any record in the clerk ’s
42	68		office and any account on file thereon, upon receiv ing the fee
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	70	+	SB78 HFLR Page 2
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43	96		allowed pursuant to the Oklaho ma Open Records Act or the county
44	97		clerk fee schedule, Section 32 of Title 28 of the Oklahoma Statutes,
45	98		for every page contained in the copy. Upon demand, the clerk sha ll
46	99		furnish a certified copy in the form as it exists and at the
47		-
48		-	ENR. S. B. NO. 78 Page 2
49	100		preference of the reques tor as provided by the Oklahoma Open Records
50	101		Act or the county clerk fee s chedule. Certified copies may be
51	102		provided in paper or digital format in accordance with the Uniform
52	103		Real Property Electronic Recording Act.
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54	104		B. If the clerk provides records in an e lectronic format, the
55	105		clerk may charge a reasonable fee for providing such records. For
56	106		purposes of this section, “reasonable fee” shall mean the fee
57	107		charged by the clerk shall not exceed twenty-five cents ($0.25) per
58	108		image or fifteen cents ($0.15) per im age for providing more than
59	109		three thousand five hundred (3,500) images in an electronic format.
60	110		If the clerk provides certified records, the clerk may charge a fee
61	111		for the certification in accordance with the current fee schedule
62	112		found in subsection A of Section 32 of Title 28 of the Oklahoma
63	113		Statutes. All recording devices for providing records in an
64	114		electronic format shall be supplied by the county clerk. News medi a
65	115		obtaining records in an electronic format for a n ews purpose and
66	116		licensed abstractors performing their duties pursuant to state law
67	117		shall be exempt from the fees provided for in this subsection.
68	118		Nothing in this section shall be construed to allow county clerks to
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69	146		provide all or part of a tract index for use in any commercial
70	147		purpose.
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72	148		SECTION 2. AMENDATORY 19 O.S. 2021, Section 285, is
73	149		amended to read as follows:
74		-
75	150		Section 285. The register of deeds shall keep a seal, to be
76	151		furnished by the county, which seal shall contain the nam e of the
77	152		county, the words “Oklahoma” and “Register of Deeds.” He “Register
78	153		of Deeds”. Except as provided in the Uniform Real Property
79	154		Electronic Recording Act, he or she shall attach such seal to all
80	155		instruments filed or rec orded in his or her office, together with
81	156		his or her signature and certificate to all certified copies of any
82	157		instrument on file or of record in his or her office, which he or
83	158		she is required to issue.
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85	159		SECTION 3. This act shall become effec tive November 1, 2023.
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88		-	ENR. S. B. NO. 78 Page 3
89		-	Passed the Senate the 23rd day of February, 2023.
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93		-	Presiding Officer of the Senate
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96		-	Passed the House of Representatives the 19th day of April, 2023.
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100		-	Presiding Officer of the House
101		-	of Representatives
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103		-	OFFICE OF THE GOVERNOR
104		-	Received by the Office of the Governor this _______ _____________
105		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
106		-	By: _________________________________
107		-	Approved by the Governor of the State of Oklahoma this _____ ____
108		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
109		-
110		-	_________________________________
111		-	Governor of the State of Oklahoma
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113		-
114		-	OFFICE OF THE SECRETARY OF STATE
115		-	Received by the Office of the Secretary of State this _______ ___
116		-	day of __________________, 20 _______, at _______ o'clock _______ M.
117		-	By: _______________________________ __
	161	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	162	+	04/10/2023 - DO PASS.