ENGR. S. B. NO. 988 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 ENGROSSED SENATE BILL NO. 988 By: Reinhardt and Hall of the Senate and Pfeiffer of the House 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, and 1-9-525 (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 County 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; transferring certain fees from Secretary o f State to Oklahoma County Clerk; updating statutory language; and providing a conditional effective date. 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: ENGR. S. B. NO. 988 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 (a) “Buyer in the ordinary course of business ” means a person who, in the o rdinary course of business, buys farm products from a person engaged in farming operations who is in the b usiness 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 of 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, ENGR. S. B. NO. 988 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 (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 identificat ion 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; a nd (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 three (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 ENGR. S. B. NO. 988 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 extensions for additional periods of five (5) years each by refiling or filing a continuation 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 as 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 ENGR. S. B. NO. 988 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 ginned cotton, wool-clip, maple syrup, milk, 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 OKLAHOMA COUNTY CLERK 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, ame ndment, or ENGR. S. B. NO. 988 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 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 selling agent who purchases or sells farm products in the ordinary course of business from or for a person engaged in f arming 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 security interest specified ENGR. S. B. NO. 988 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 in an effective financing statement from the secured party by performing any payment obligation or otherwise; or (b) the secured party or the seller provides wr itten 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”) (USDA). The effective date for the implementation of the central filing system was October 24, 1988 shall be one hundred eighty (180) days from the certification of the central filing system by the USDA. (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 filing office in harmony with the rules and practices of filing offices in other ENGR. S. B. NO. 988 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 jurisdictions that enact substantially this part and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that 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 repe aling filing office rules, shall: (a) consult with filing offices in other jurisdictions that enact substantially this part, (b) consult the International Association of Commercial Administrators or any successor organization, and (c) take into considerati on the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part, for the implementation and operation of the central filing system. (3) The Office of Management and Enterprise Services sh all 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; ENGR. S. B. NO. 988 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 (b) The Secretary of State Oklahoma County Clerk shall compile all effective financing statements 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 individual 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 Section 1 - 9-320.2 of this title; (iv) portions of the master list shall be available in hard copy, electronic formats, or via Internet ENGR. S. B. NO. 988 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 download, and may be organized by other sortin g methods in addition to the methods listed above . (c) The Secretary of State Oklahoma County Clerk shall maintain records of all buyers of farm products, commission merchants, selling 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 produc ts 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 Oklahoma County Clerk 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. ENGR. S. B. NO. 988 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 (ii) Registrants shall be deemed to be registered only as to those portions of the master list for whi ch they register, and shall be deemed to have failed 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 to security interests shown on the portions of the master list which they receive as a consequence of registration with the Secretary of State Oklahoma County Clerk. (iv) If a particular security interest 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 registrant shall be one (1) year from the effective date of the registration with the Secretary of State Oklahoma County Clerk. (f) (i) Upon request, within twenty -four (24) hours of any inquiry, for information, the Secretary of ENGR. S. B. NO. 988 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 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, written 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 w ho 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 nonexi stence 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 fa rm products that has not lapsed and which was filed pursuant to this ENGR. S. B. NO. 988 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 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 ineffective as to a buyer of farm products, commission merchant or selling agent, unless the secured party files an effe ctive 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 statement 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 termination 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 file a termination statement as required by this subsection, the party shall be liable to the Secretary of State Oklahoma County Clerk for Five Hundred ENGR. S. B. NO. 988 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 Dollars ($500.00). In addition the affected secured party shall be liable to the debtor for any loss caused to the debtor by the failure to terminate the effective financing statement. (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 Revolv ing 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 state ment 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 para graph shall be accompanied with a transition document that shall be provided by the Oklahoma ENGR. S. B. NO. 988 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 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 Oklahoma County Clerk. SECTION 5. AMENDATORY 12A O.S. 2021, Section 1 -9-525, is amended to read as follows: Section 1-9-525. FEES (a) Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (c) of Section 1 -9-502 of this title, is: (1) Ten Dollars ($10.00) if the record is communicated in writing and consists of one to five pages, and an additional One Dollar ($1.00) per page for each page exceeding five; and (2) Ten Dollars ($10.00) if the record is commu nicated by an electronic medium authorized by filing -office rule. (b) The number of names required to be indexed does not affect the amount of the fe e in subsection (a) of this section. (c) The fee for responding to a request for information from the filing office in any medium designated by the filing office, including issuing a certificate showing whether there is on file any financing statement nam ing a particular debtor, is Ten Dollars ($10.00) for each debtor. ENGR. S. B. NO. 988 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 (d) The fee for a copy of a record is O ne Dollar ($1.00) per page regardless of the medium used. (e) This section does not require a fee with respect to a record of a mortgage which is eff ective as a financing statement filed as a fixture filing or as a financing statement covering as - extracted collateral or timber to be cut under subsection (c) of Section 1-9-502 of this title. However, the recording and satisfaction fees that otherwise w ould be applicable to the record of the mortgage apply pursuant to paragraphs 1, 2, 4, 7, 11, 15 and 16 of subsection A of Section 32 of Title 28 of the Oklahoma Statutes. (f) The fee for providing certified copies shall be One Dollar ($1.00) per page reg ardless of medium. (g) The fee for providing bulk data of indexed records as described in subsection (f) of Section 1 -9-523 of this title is as follows: (1) Five Hundred Dollars ($500.00) for the initial database history. (2) Fifty Dollars ($50.00) for weekly updates to the database. (3) Four cents ($0.04) per page for images of filed records. (h) The filing office may accept payment for fees by automated clearing house or by a nationally recognized debit or credit card. If payment is made by a credit or debit card, the filing office may add an amount equal to the amount of the service charge incurred for ENGR. S. B. NO. 988 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 the acceptance of the payment. The filing office may enter into contracts for credit card processing services according to applicable county purchas ing laws or may enter into agreements with the State Treasurer to participate in any credit card processin g agreements entered into by the State Treasurer . (i) In addition to the other fees provided by law, the Oklahoma County Clerk shall, upon the effect ive date of the central filing system provided for in Section 1-9-320.6 of this title, collect the following fees: (1) For filing an effective financing statement in the Oklahoma County Clerk’s office pursuant to Section 1 -9-320.6 of this title, Ten Dollars ($10.00); (2) For filing a continuation statement, partial release, or assignment of or amendment to a n effective financing statement filed in the Oklahoma County Clerk ’s office pursuant to Section 1 -9-320.6 of this title, Ten Dollars ($10.00); (3) For filing a termination statement for an effective financing statement filed in the Oklahoma County Clerk ’s office pursuant to Section 1 -9-320.6 of this title, Ten Dollars ($10.00); (4) 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 this title, Fifty Dollars ($50.0 0) per year. The registration fee provided for in this paragraph shall not apply if the buyer of farm products, commission merchant, selling agent, ENGR. S. B. NO. 988 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 or other interested party as provided for in Section 1 -9-320.6 of this title accesses the master list through Internet download; (5) For distributing a copy of the master list or portions thereof to registrants, as provided for in Section 1 -9-320.6 of this title, in accordance with the following fee schedule. Such fees may be paid annually or semiannually: (A) For information requested for five or fewer counties: Number of Farm Products Paper (i) 1 to 5 products ............$150 per year (ii) 6 to 10 products ...........$200 per year (iii) 11 to 20 products ..........$250 per year (iv) over 20 products ...........$300 per year (B) For information requested for six to twenty -five counties: Number of Farm Products Paper (i) 1 to 10 products ...........$200 per year (ii) 11 to 20 products ..........$250 per year (iii) over 20 products ...........$300 per year (C) For information requested for twenty -six to fifty counties: Number of Farm Products Paper ENGR. S. B. NO. 988 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 (i) 1 to 10 products ...........$250 per year (ii) 11 to 20 products ..........$300 per year (iii) over 20 products ...........$350 per year (D) For information requested for over fifty counties: Number of Farm Products Paper (i) 1 to 10 products ...........$300 per year (ii) 11 to 20 products ..........$350 per year (iii) over 20 products ..........$400 per year; (6) (A) The Oklahoma County Clerk is authorized to provide for the distribution of the master list or portions thereof to those persons specified in paragraph 5 of this subsection throug h Internet download, electronic data equipment, or other communication media in such form and manner as is specified by the Oklahoma County Clerk. The Oklahoma County Clerk shall not collect a fee for distribution of the master list or portions thereof through Internet download. (B) The Oklahoma County Clerk is authorized to establish a fee system for such transfer of information pursuant to this paragraph. Such fee shall not exceed the amount necessary to cover the costs of the Oklahoma County Clerk in providing such transfer of information. ENGR. S. B. NO. 988 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 (C) In providing for the transfer of the information specified by this paragraph, the Oklahoma County Clerk shall ensure the integrity of confidential information through data security measures, internal controls , and appropriate database management; and (7) For issuing a written confirmation of the existence or nonexistence of active effective financing statement s on file for a debtor in the Oklahoma County Clerk ’s office, Six Dollars ($6.00) . (j) All fees shall be properly accounted for and shall be paid to the Oklahoma County Clerk monthly. The fees generated by subsection (i) of this section shall be deposite d to the credit of the Oklahoma County Clerk ’s Uniform Commercial Code Central Filing Fund created pursuant to Section 1 -9-525.1 of this title. SECTION 6. 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 shall collect the following fees: 1. For affixing the certificate of the Secretary of St ate and the seal of the State of Oklahoma, Ten Dollars ($10.00); 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); ENGR. S. B. NO. 988 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 3. For filing an effective financing statement in the Office of the Secretary of State pursuant to Section 1 -9-320.6 of Title 12A of the Oklahoma Statutes , prior to the effective date of the central filing system provided in 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 pursuant to Section 1 -9- 320.6 of Title 12A of the Oklahoma Statutes , prior to the effective date of the central filing system provided in 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 filed in the Office of the Secretary of State pursuant to Section 1-9-320.6 of Title 12A of the Oklahoma Statutes , prior to the effective date of the central filing system provided in Section 1-9-320.6 of Title 12A of the Oklahoma Statutes , Ten Dollars ($10.00); 6. For registering a buyer of farm products, c ommission merchant, selling agent or other interested party as provided for in Section 1-9-320.6 of Title 12A of the Oklahoma Statutes , prior to the effective date of the central filing system provided in Section 1-9-320.6 of Title 12A of the Oklahoma Stat utes, Fifty Dollars ($50.00) per year. The registration fee provided for in this paragraph shall not apply if the buyer of farm products, commission ENGR. S. B. NO. 988 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 merchant, selling agent, or other interested party as provided for in Section 1-9-320.6 of Title 12A of th e Oklahoma Statutes accesses the master list through Internet download; 7. For distributing a copy of the master list or portions thereof to registrants, as provided for in Section 1 -9-320.6 of Title 12A of the Oklahoma Statutes , prior to the effective da te of the central filing system provided in Section 1-9-320.6 of Title 12A of the Oklahoma Statutes , in accordance with 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 ENGR. S. B. NO. 988 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 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 (3) over 20 products ...........$350 per year d. For information requested for over fifty coun ties: 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 , prior to the effective date of the central filing system provided in Section 1-9- 320.6 of Title 12A of the Oklahoma Statutes , 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 by the Secretary of State. The Secretary of State shall not collect a fee for distribution of the ENGR. S. B. NO. 988 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 master list or portions thereof through Internet download. b. The Secretary of State , prior to the effective date of the central filing system provided in Section 1-9- 320.6 of Title 12A of the Oklahoma Statutes , is authorized to establish a fee syst em for such transfer of information pursuant to this paragraph. Such fee shall not exceed the amount nece ssary to cover the costs of the Secretary of State in providing such transfer of information. c. In providing for the transfer of the information specified by this paragraph, the Secretary of State shall ensure the integrity of confidential information within the Office of the Secretary of State through data security measures, internal controls and appropriate data base management; 9. For issuing a wri tten confirmation of the existence or nonexistence of active effective financing statements on file for a debtor in the Office of the Secretary of State , prior to the effective date of the central filing system provided in Section 1-9- 320.6 of Title 12A of the Oklahoma Statutes , 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 ENGR. S. B. NO. 988 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 public record, as required by the 1961 Hague Convention, Fed. R. Civ. P. 44 (28 U.S.C.A.), to certify the authenticity o f 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 Ten 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 specif ied in this section, such fees as are allowed for similar services in other cases. B. All fees shall be p roperly accounted for and shall be paid into the State Treasury monthly. The fees generated by paragraphs 1, 2, 10 and 11 of subsection A of this sec tion shall be deposited to the credit of the Revolving Fund for the Office of the Secretary of State created pursuant to Section 276.1 of Title 62 of the Oklahoma Statutes. The fees generated by paragraphs 3 through 9 of subsection A of this section and o ther fees collected by the central filing system shall be deposited to the credit of the Central Filing System Revolving Fund created pursuant to Section 276.3 of Title 62 of the Oklahoma Statutes. SECTION 7. This act shall become effectiv e one hundred eighty (180) days from the certification of the central filing system by the USDA, pursuant to the implementation effective date set forth in ENGR. S. B. NO. 988 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 Section 1-9-320.6 of Title 12A of the Oklahoma Statutes . Upon the occurrence of such implementation , the Oklahoma County Clerk shall issue a formal notification to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, and the Secretary of State indicating that the contingency has been met and the amendments shall take effect. Passed the Senate the 12th day of March, 2025. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2025. Presiding Officer of the House of Representatives