Req. No. 1259 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 988 By: Reinhardt AS INTRODUCED An Act relating to the Uniform Commercial Code ; amending 12A O.S. 2021, Sections 1 -9-320.2, 1-9- 320.3, 1-9-320.4, 1-9-320.6, as amended by Section 1, Chapter 109, O.S.L. 2022, 1-9-322, 1-9-501, and 1-9- 710 (12A O.S. Supp. 2024, Section 1 -9-320.6), which relate to secured transactions; transferring certain authority from Secretary of State to Oklahoma County Clerk; directing Oklahoma Coun ty Clerk to take certain actions; modifying certain filing procedures; amending 28 O.S. 2021, Section 111, as amended by Section 2, Chapter 109, O.S.L. 2022 (28 O.S. Supp. 2024, Section 111), which relates to fees to be charged by Secretary of State; trans ferring certain fees from Secretary of State to Oklahoma County Clerk; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 12A O.S. 2021, Section 1-9-320.2, is amended to read as follows: Section 1-9-320.2. DEFINITIONS; REQUISITES OF AN EFFECTIVE FINANCING STATEMENT As used in this section and Sections 1 -9-320.1 through 1-9-320.7 of this title: Req. No. 1259 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (a) “Buyer in the ordinary course of business ” means a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products. (b) “Central filing system ” means a system for filing effective financing statements on a statewide basis and which has been certified by the Secretary of the United States Department of Agriculture . (c) “Commission merchant” means any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf o f another person. (d) “Effective financing statement ” means a statement that: (i) is an original or reproduced form consistent with the provisions of this act and approved by the Secretary of State Oklahoma County Clerk ; (ii) is signed and filed with the Secretary of State Oklahoma County Clerk by the secured party; (iii) is signed by the debtor; (iv) contains: (A) the name and address of the secured party, (B) the name and address of the person indebted to the secured party, Req. No. 1259 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (C) the social security number of the debtor or, in the case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of such debtor, (D) the farm product name, (E) each county in this state where the farm product is produced or to be produced or a blanket code covering all 77 Oklahoma counties, (F) a description of the farm products subject to the security interest only if needed to distinguish it from other such farm products owned by the same person or persons but not subject to the particular interest; and (G) the crop year, unless every crop of the farm product in question, for the duration of the effective financing statement, is to be subject to the particular security interest. (v) (iv) must be amended in writing, within t hree (3) months, similarly signed and filed, to reflect material changes; (vi) (v) remains effective for a period of five (5) years from the date of filing, subject to Req. No. 1259 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 extensions for additional periods of five (5) years each by refiling or filing a continu ation statement within six (6) months before the expiration of the initial five -year period; (vii) (vi) is not removed from the public database but is not reported as an active files file when the statement lapses on the expiration of the effective period of the statement or when a termination statement from the secured party is accepted, whichever occurs first; (viii) (vii) is accompanied by the requisite filing fee provided for in Section 111 of Title 28 of the Oklahoma Statutes; and (ix) (viii) substantially complies with the requirements of this paragraph even though it contains minor errors that are not seriously misleading. (x) (ix) may reflect multiple products or products in multiple counties. (e) “Farm product” means an agricultural commodity such a s wheat, corn, soybeans, or a species of livestock such as cattle, hogs, sheep , horses, or poultry used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state (such as Req. No. 1259 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ginned cotton, wool-clip, maple syrup, mi lk, and eggs), that is in the possession of a person engaged in farming operations. (f) “Knows” or “knowledge” means actual knowledge. (g) “Person” means any individual, partnership, corporation, limited liability company, trust, or any other business entity. (h) “Security interest” means an interest in farm products that secures payment or performance of an obligation. (i) “Selling agent” means any person, other than a commission merchant, who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farming operations. (2) Unless otherwise provided for in this act, for purposes of this section and Sections 4 and 6 of this act, receipt of notice shall be presumed if notice is sent by first -class mail, postage prepaid. SECTION 2. AMENDATORY 12A O.S. 2021, Section 1-9-320.3, is amended to read as follows: Section 1-9-320.3. FORMS; DUTY OF SECRETARY OF STATE The Secretary of State Oklahoma County Clerk shall develop and maintain a standard form for an effective financing statement and for a statement of continuation, partial release, amendment, or Req. No. 1259 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 assignment thereof, which shall be consistent with the provisions of Sections 1-9-320.1 through 1-9-320.7 of this title. SECTION 3. AMENDATORY 12A O.S. 2021, Section 1 -9-320.4, is amended to read as follows: Section 1-9-320.4. PROTECTION OF BUYERS OF FARM PRODUCTS, COMMISSION MERCHANTS AND SELLING AGENTS A buyer of farm products, commission merchant, or sellin g agent who purchases or sells farm products in the ordinary course of business from or for a person engaged in farming operations takes subject to a security interest in the farm products if: (a) (i) the buyer of the farm products, commission merchant, or selling agent has failed to register with the Secretary of State Oklahoma County Clerk prior to the purchase of the farm products and the secured party has filed an effective financing statement that covers the farm products being sold; or (ii) the buyer of farm products, commission merchant or selling agent receives from the Secretary of State Oklahoma County Clerk written notice as provided in paragraph (d) or (f) of subsection (4) of Section 1 -9- 320.6 of this title, and the buyer of farm products, commission merchant or selling agent does not secure a waiver or release of the sec urity interest specified Req. No. 1259 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in an effective financing statement from the secured party by performing any payment obligation or otherwise; or (b) the secured party or the seller prov ides written notice of the security interest pursuant to the provisions of Section 1-9-320.7 of this title. SECTION 4. AMENDATORY 12A O.S. 2021, Section 1 -9-320.6, as amended by Section 1, Chapter 109, O.S.L. 2022 (12A O.S. Supp. 2024, Section 1-9-320.6), is amended to read as follows: Section 1-9-320.6. CENTRAL FILING SYSTEM RELATING TO FARM PRODUCTS (1) The Secretary of State Oklahoma County Clerk shall be responsible for developing and implementing maintaining the central filing system. This responsibility shall include obtaining the necessary certification for the system from the United States Department of Agriculture ( “USDA”). The effective date for the implementation of the central filing system was October 24, 1988 shall be October 1, 2025. (2) The Secretary of State Oklahoma County Clerk may promulgate, in accordance with the applicable provisions of the Administrative Procedures Act , laws governing business within its office, appropriate rules and practices of the filin g office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part and to keep the Req. No. 1259 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 technology used by the filing office compatible with the technology used by filing offices in other jurisdictions t hat enact substantially this part. The Oklahoma County Clerk, so far as is consistent with the purposes, policies, and provisions of this article in adopting, amending, and repealing filing office rules, shall: (a) consult with filing offices in other jur isdictions that enact substantially this part, (b) consult the International Association of Co mmercial Administrators or any successor organization, and (c) take into consideration the rules and practices of, and the technology used by, filing offices in o ther jurisdictions that enact substantially this part, for the implementation and operation of the central filing system. (3) The Office of Management and Enterprise Services shall assist the Secretary of State in developing and implementing the central filing system. (4) The central filing system shall conform to the following requirements: (a) The Secretary of State Oklahoma County Clerk shall record the date and, hour, minute, and second of the filing of each effective financing statement; Req. No. 1259 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (b) The Secretary of State Oklahoma County Clerk shall compile all effective financing sta tements into a master list: (i) organized according to farm products; (ii) arranged within each such product: (A) in alphabetical order according to the last name of the individu al debtors or, in the case of debtors doing business other than as individuals, the first word in the name of the debtors; (B) in numerical order according to the Social Security number of the individual debtors or, in the case of debtors doing business other than as individuals, the Internal Revenue Service taxpayer identification number of the debtors; (C) geographically by county produced; and (D) by crop year; and (iii) containing the information provided for in subparagraph (iv) of paragraph (d) of Sec tion 1- 9-320.2 of this title; (iv) portions of the master list shall be available in hard copy, electronic formats, or via Internet Req. No. 1259 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 download, and may be organized by other sorting methods in addition to the methods listed above . (c) The Secretary of State shall maintain records of all buyers of farm products, commission merchants, s elling agents and others who register with the Secretary of State, on a form containing: (i) the name and address of each registrant; (ii) the information on the farm product or products that the registrant is requesting; (iii) the name of each county where the product is produced or to be produced, or a blanket code covering all seventy -seven (77) counties of this state; and (iv) an authorized signature. (d) (i) A copy of those portions of the master list covering the information requested by a registrant shall be distributed to such registrants by the Secretary of State on or before the last business day of each month and shall be presumed to have been received by the third business day of the following month. (ii) Registrants shall be deemed to be registered only as to those portions of the master list for which they register, and shall be deemed to have failed Req. No. 1259 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to register and shall not be considered to be registrants as to those portions for which they do not register. (iii) Registrants are subject only t o security interests shown on the portions of the master list which they receive as a consequence of registration with the Secretary of State. (iv) If a particular security inter est is shown on the master list, but was included since the last regular distribution of portions of the master list to registrants, registrants shall not be subject to that security interest; (e) The duration of the registration with the Secretary of State of a buyer of farm products, commission merchant, selling agent or other reg istrant shall be one (1) year from the effective date of the registration with the Secretary of State. (f) (i) Upon request, within twenty -four (24) hours of any inquiry, for inf ormation, the Secretary of State Oklahoma County Clerk shall provide verbal confirmation of the existence or nonexistence of any effective financing statement on file. By the close of the business day following the day on which the request was received, w ritten Req. No. 1259 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 confirmation of the existence of an effective financing statement will be provided to buyers of farm products, commission merchants, and selling agents who have not registered, and others who request it. (ii) The state or political subdivision shall not be liable if a loss or claim results from any confirmation of the existence or nonexistence of any effective financing statement on file in the Office of the Secretary of State Oklahoma County Clerk’s office made in good faith by an employee of the Office of the Secretary of State Oklahoma County Clerk’s office as required by the provisions of this section. (5) (4) The filing in the office of the Secretary of State Oklahoma County Clerk under this section shall be in addition to the filing requirements provided for in this article. (6) (5) A financing or continuation statement covering farm products that has not lapsed and which was filed pursuant to this title between December 23, 1986, and October 24, 1988, inclusive, and for which no written notice was furnished as provided in Section 1-9-320.7 of this title, shall become in effective as to a buyer of farm products, commission merchant or selling agent, unless the Req. No. 1259 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 secured party files an effective financing statement in the office of the Secretary of State Oklahoma County Clerk . (7) (6) An effective financing statement shall not be deemed filed in accordance with the provisions of this section until all fees authorized by Section 111 of Title 28 of the Oklahoma Statutes relating to the filing of the s tatement are tendered to the Secretary of State Oklahoma County Clerk . (8) (7) The secured party shall file a termination statement within twenty (20) days after there is no outstanding secured obligation or commitment to make advances, incur obligations or otherwise give value. The termination statement shall refer to the unique document ID number. The secured party shall not be required to file a termination statement if the debtor, in writing, addressed to the secured party, requests that a terminatio n not be filed. The request shall be signed by the debtor or an authorized representative and the request may be made at any time prior to the expiration date of an effective financing statement set forth herein. If the affected secured party fails to fi le a termination statement as required by this subsection, the party shall be liable to the Secretary of State Oklahoma County Clerk for Five Hundred Dollars ($500.00). In addition the affected secured party shall be liable to the debtor for any loss caus ed to the debtor by the failure to terminate the effective financing statement . Req. No. 1259 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (9) (8) The Attorney General Oklahoma County District Attorney shall be responsible for enforcing the provisions of subsection (8) (7) of this section on behalf of the Secretary of State Oklahoma County Clerk and is authorized to take appropriate actions to collect any penalties owed to the Secretary of State Oklahoma County Clerk pursuant to subsection (8) (7) of this section. When collected, the Oklahoma County District Attorney General shall cause the penalty to be deposited into the Central Filing System Revolving Fund Oklahoma County Clerk ’s Uniform Commercial Code Central Filing Fund created pursuant to Section 276.3 of Title 62 of the Oklahoma Statutes Section 1-9-525.1 of Title 12A of the Oklahoma Statutes . (9) As the purpose of an effective financing statement filing is to ensure that a joint check is made payable to the debtor and all applicable secured parties, there shall be no priority among filings. Filings shall be processed according to the order in which they were filed, as recorded in a timestamp within the filing. (10) All active filings on the effective date of this act, as provided in paragraph (1) of this section, shall be filed with the Oklahoma County Clerk’s office. Each active filing that is filed pursuant to the requirements of this paragraph shall be accompanied with a transition document that shall be provided by the Oklahoma County Clerk’s office. The Oklahoma County Clerk ’s office shall charge no fee for active filings that are migrated to the system maintained by the Okl ahoma County Clerk. Req. No. 1259 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 5. AMENDATORY 12A O.S. 2021, Section 1 -9-322, is amended to read as follows: Section 1-9-322. PRIORITIES AMONG CONFLICTING S ECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL (a) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules: (1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultu ral lien is first perfected, if there is no period thereafter when there is neither filing nor perfection; (2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien; and (3) The first security interest or agricultural lien to attach or become effective has priority if an effective financing statement has been filed with the Oklahoma County Clerk ’s office, conflicting security interests and agricultural liens are unperfected. (b) For the purposes of paragraph (1) of subsection (a) of this section: Req. No. 1259 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) The time of filing by the Oklahoma County Clerk ’s office or perfection as to a security interest in collateral is also the time of filing by the Oklahoma County Clerk ’s office or perfection as to a security interest in proceeds; and (2) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation. (c) Except as otherwise provided in subsection (f) of this section, a security interest in collateral which qualifies for priority over a conflicting security interest under Sections 1 -9- 327, 1-9-328, 1-9-329, 1-9-330, or 1-9-331 of this title also has priority over a conflicting security interest in: (1) Any supporting obligation for the collateral; and (2) Proceeds of the collateral if: (A) the security interest in proceeds is perfected; (B) the proceeds are cash proceeds or of the same type as the collateral; and (C) in the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral. (d) Subject to subsection (e) of this sec tion and except as otherwise provided in subsection (f) of this section, if a security Req. No. 1259 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter -of-credit rights is perfected by a method other than filin g, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing. (e) Subsection (d) of this section applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter -of-credit rights. (f) Subsections (a) through (e) of this section are subject to: (1) subsection (g) of this section and the other provisions of this part; (2) Section 4-210 of this title with respect t o a security interest of a collecting bank; (3) Section 5-118 of this title with respect to a security interest of an issuer or nominated person; and (4) Section 1-9-110 of this title with respect to a security interest arising under Article 2 or 2A of t his title. (g) A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides. SECTION 6. AMENDATORY 12A O.S. 2021, Section 1 -9-501, is amended to read as follows: Req. No. 1259 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 1-9-501. FILING OFFICE (a) Except as otherwise provided in subsection (b) of this section, if the local law of this state governs perfection of a security interest or agricultu ral lien, the office in which to file a financing statement to perfect the sec urity interest or agricultural lien is: (1) the office designated for the filing or recording of a record of a mortgage on the related real property, if: (A) the collateral is as-extracted collateral or timber to be cut; or (B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or (2) the office of the county clerk of Oklahoma County, in all other cases, including a case in which the collateral is goods that are or are to become fixtures an d the financing statement is not filed as a fixture filing. (b) The office in which to file a financing statement to perfect a security interest in collateral, including fixture s, of a transmitting utility is the office of the Secretary of State pursuant to Sections 17 and 18 of Title 46 of the Oklahoma Statutes Oklahoma County Clerk . The financing statement also constitutes a Req. No. 1259 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures. SECTION 7. AMENDATORY 12A O.S. 2021, Section 1 -9-710, is amended to read as follows: Section 1-9-710. (a) In this section: (1) “Local-filing office” means a filing office, other than the statewide filing office in the office of the County Clerk of Oklahoma County or the statewide filing office in the office of the Secretary of State, that is designated as the proper place to file a financing statement under former Article 9 of this title; (2) (A) “Former-Article 9 records” means: (i) financing statements and other records that have been filed in a local -filing office before July 1, 2001, and that are, or upon processing and indexing will be, reflected in the index maintained by the local-filing office for filing for financing statements and other records filed in the local-filing office before July 1, 2001, and (ii) the index maintained by the local -filing office as of June 30, 2001, including entries for filings completed be fore July 1, 2001, even though processed on or after that date. Req. No. 1259 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (B) “Former-Article 9 records” do not include records presented to a local -filing office for filing after June 30, 2001, whether or not the records relate to financing statements filed in the local-filing office before July 1, 2001; and (3) “Mortgage”, “as-extracted collateral ”, “fixture filing”, “goods” and “fixtures” have the meanings set forth in this article of this title. (b) A local-filing office shall not accept for filing a record presented after June 30, 2001, whether or not the record relates to a financing statement filed in the local -filing office before July 1, 2001. (c) Until July 1, 2008, each local -filing office shall maintain all former-Article 9 records in accordance with fo rmer-Article 9. A former-Article 9 record which is filed before July 1, 2001, but which is not reflected on the index maintained as of June 30, 2001, by the local-filing office, shall be processed and indexed and reflected on the index maintained as of Ju ne 30, 2001, as soon as practicable, but in no event later than July 30, 2001. (d) Until July 1, 2008, each local -filing office shall respond to requests for information with respect to former -Article 9 records relating to a debtor and shall issue certifi cates in accordance with former-Article 9. The fees for issuing a certificate or for furnishing a certified copy of a former -Article 9 record shall be Req. No. 1259 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the uniform fees provided by subsections (c) and (d) of Section 1 -9- 525 of this title. (e) After June 30, 2008, each local-filing office may remove and destroy all former -Article 9 records pursuant to Section 155.2 of Title 19 of the Oklahoma Statutes. (f) This section shall not apply, with respect to financing statements and other records, to a filing off ice in which mortgages or records of mortgages on real property are required to be filed or recorded if: (1) the collateral is timber to be cut or as -extracted collateral, or (2) the record is or relates to a financing statement files as a fixture filing and the collateral is goods that are or are to become fixtures. SECTION 8. AMENDATORY 28 O.S. 2021, Section 111, as amended by Section 2, Chapter 109, O.S.L. 2022 (28 O.S. Supp. 2024, Section 111), is amended to read as follows: Section 111. A. In addition to other fees provided for by law, the Secretary of State Oklahoma County Clerk shall collect the following fees: 1. For affixing the certificate stamp of the Secretary of State Oklahoma County Clerk and the seal of the State of Oklahoma Oklahoma County, Ten Dollars ($10.00); Req. No. 1259 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. For copying any paper or document, One Dollar ($1.00) per page, provided the minimum charge shall not be less than Two Dollars ($2.00); 3. For filing an effective financing statement in the Office of the Secretary of State Oklahoma County Clerk ’s office pursuant to Section 1-9-320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00); 4. For filing a continuation statement, partial release, assignment of or amendment to an effective financing statement filed in the Office of the Secretary of State Oklahoma County Clerk ’s office pursuant to Section 1 -9-320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00); 5. For filing a termination statement for an effective financing statement f iled in the Office of the Secretary of State Oklahoma County Clerk ’s office pursuant to Section 1 -9-320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00); 6. For registering a buyer of farm products, commission merchant, selling agent or other interested party as provided for in Section 1-9-320.6 of Title 12A of the Okl ahoma Statutes, Fifty Dollars ($50.00) per year. The registration fee provided for in this paragraph shall not apply if the buyer of farm products, commission merchant, selling agent, or other interested party as provided for in Section 1 -9-320.6 of Title 12A of the Oklahoma Statutes accesses the master list through Internet download; Req. No. 1259 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. For distributing a copy of the master list or portions thereof to registrants, as provided f or in Section 1-9-320.6 of Title 12A of the Oklahoma Statutes, in accordance w ith the following fee schedule. Such fees may be paid annually or semiannually: a. For information requested for five or less counties: Number of Farm Products Paper (1) 1 to 5 products ............$150 per year (2) 6 to 10 products ...........$200 per year (3) 11 to 20 products ..........$250 per year (4) over 20 products ...........$300 per year b. For information requested for six to twenty -five counties: Number of Farm Products Paper (1) 1 to 10 products ...........$200 per year (2) 11 to 20 products ..........$250 per year (3) over 20 products ...........$300 per year c. For information requested for twenty -six to fifty counties: Number of Farm Products Paper (1) 1 to 10 products ...........$250 per year (2) 11 to 20 products ..........$300 per year Req. No. 1259 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) over 20 products ...........$350 per year d. For information requested for over fifty counties: Number of Farm Products Paper (1) 1 to 10 products ...........$300 per year (2) 11 to 20 products ..........$350 per year (3) over 20 products ..........$400 per year; 8. a. The Secretary of State is authorized to provide for the distribution of the master list or portions thereof to those persons specified in paragraph 7 of this subsection through Internet download, electronic data equipment, or other communication media in such form and manner as is specified b y the Secretary of State. The Secretary of State shall not collect a fee for distribution of the master list or portions thereof through Internet download. b. The Secretary of State Oklahoma County Clerk is authorized to establish a fee system for such tr ansfer of information pursuant to this paragraph. Such fee shall not exceed the amount necessary to cover the costs of the Secretary of State Oklahoma County Clerk in providing such transfer of information. c. In providing for the transfer of the informat ion specified by this paragraph, the Secretary of State Req. No. 1259 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma County Clerk shall ensure the integrity of confidential information within the Office of the Secretary of State Oklahoma County Clerk ’s office through data security measures, internal control s and appropriate data base management; 9. For issuing a written confirmation of the existence or nonexistence of active effective financing statements on file for a debtor in the Office of the Secretary of State Oklahoma County Clerk’s office, Six Dollars ($6.00); 10. The Secretary of State shall collect a fee of Twenty -five Dollars ($25.00) for every apostille issued. For the purposes of this paragraph, an apostille is a special certificate attached to a public record, as required by the 1961 Hague Con vention, Fed. R. Civ. P. 44 (28 U.S.C.A.), to certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears; provided, however, a fee of T en Dollars ($10.00) shall be collected for any apostille requested for an international adoption not to exceed One Hundred Dollars ($100.00) for the adoption of each child; and 11. For each service rendered and not specified in this section, such fees as are allowed for similar services in other cases. Req. No. 1259 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. All fees shall be properl y accounted for and shall be paid into to the State Treasury Oklahoma County Clerk monthly. The fees generated by paragraphs 1 , 2, 10 and 11 through 5 and 9 of subsection A of this section shall be deposited to the credit of the Revolving Fund for the Office of the Secretary of State Oklahoma County Clerk’s Uniform Commercial Code Central Filing Fund created pursuant to Section 276.1 of Title 62 of the Oklahoma Statutes Section 1-9-525.1 of Title 12A of the Oklahoma Statutes . The fees generated by paragra phs 3 6 through 9 8 and 10 of subsection A of this section and other fees collected by the central filing system shall be deposited to the credit of the Central Filing System Revolving Fund Oklahoma County Clerk ’s Uniform Commercial Code Central Filing Fund created pursuant to Section 276.3 of Title 62 of the Oklahoma Statutes Section 1-9-525.1 of Title 12A of the Oklahoma Statutes. SECTION 9. This act shall becom e effective July 1, 2025. SECTION 10. It being immediately nec essary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force fro m and after its passage and approval. 60-1-1259 MSBB 1/16/2025 2:01:09 PM