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--- version:Introduced+++ version:(document, no version)@@ -1,528 +1,10 @@-LEGISLATURE OF NEBRASKA-ONE HUNDRED NINTH LEGISLATURE-SECOND SESSION-LEGISLATIVE BILL 835+Floor Amendment To LB835-Introduced by Jacobson, 42.-Read first time January 08, 2026-Committee: Banking, Commerce and Insurance-A BILL FOR AN ACT relating to the Secretary of State; to amend sections1-52-1001, 52-1003, 52-1312, 52-1313, and 52-1602, Reissue Revised2-Statutes of Nebraska, sections 33-101 and 77-3903, Revised Statutes3-Cumulative Supplement, 2024, and sections 9-523 and 9-525, Uniform4-Commercial Code, Reissue Revised Statutes of Nebraska; to change and5-eliminate provisions relating to fees, notices of liens under the6-Uniform Federal Lien Registration Act and the Uniform State Tax Lien7-Registration and Enforcement Act, the central filing system,8-effective financing statements, the master lien list, and filed9-records under the Uniform Commercial Code; to harmonize provisions;10-to repeal the original sections; and to outright repeal section11-52-1313.01, Reissue Revised Statutes of Nebraska.12-Be it enacted by the people of the State of Nebraska,13+Introduced by Kauth, 31.++ Strike the enacting clause.+FA475LB835-2026+FA475LB835-2026-1--Section 1. Section 33-101, Revised Statutes Cumulative Supplement,1-2024, is amended to read: 2-33-101 There shall be paid to the Secretary of State the following3-fees: 4-(1) For requesting a certificate or exemplification with seal, a5-nonrefundable fee of ten dollars; 6-(2) For copies of records, for each page, a fee of one dollar;7-(3) For accessing business entity records by electronic means:8-(a) For batch requests of business entity information, fifteen9-dollars for up to one thousand business entities accessed and an10-additional fifteen dollars for each additional one thousand business11-entities accessed over one thousand; 12-(b) For information in the Secretary of State's Uniform Commercial13-Code Division database, including records filed pursuant to the Uniform14-Commercial Code, Chapter 52, article 2, 5, 7, 9, 10, 11, 12, or 14,15-Chapter 54, article 2, or the Uniform State Tax Lien Registration and16-Enforcement Act, for batch requests searched by debtor location, fifteen17-dollars for up to one thousand records accessed and an additional fifteen18-dollars for each additional one thousand records accessed over one19-thousand; 20-(b) (c) For an electronically transmitted certificate indicating21-whether a business is properly registered with the Secretary of State and22-authorized to do business in the state, six dollars and fifty cents;23-(c) (d) For the entire contents of the database regarding business24-entities corporations and the Uniform Commercial Code, but excluding25-electronic images, three hundred dollars weekly subscription rate, one26-thousand dollars monthly subscription rate for a twice-monthly service,27-and eight hundred dollars monthly subscription rate;28-(d) (e) For images of business entity records accessed over the29-Internet or by other electronic means other than facsimile machine ,30-forty-five cents for each page or image of a page , not to exceed two31-LB835-2026-LB835-2026--2--thousand dollars per request for batch requests; and1-(e) (f) For the entire contents of the image database regarding2-business entities corporations and the Uniform Commercial Code, eight3-hundred dollars monthly subscription rate; 4-(4)(a) For bulk data requests of Uniform Commercial Code database5-information including records filed pursuant to the Uniform Commercial6-Code, Chapter 52, article 2, 5, 7, 9, 10, 11, 12, 13, or 14, Chapter 54,7-article 2, the Uniform Federal Lien Registration Act, or the Uniform8-State Tax Lien Registration and Enforcement Act, a nonrefundable fee of:9-(i) Eight hundred dollars for an initial file;10-(ii) Eight hundred dollars for a monthly update file; and11-(iii) Three hundred dollars for a weekly update file.12-(b) Effective financing statement data accessed through bulk data13-requests shall be for informational purposes only and shall not provide14-the protection afforded a buyer registered pursuant to section 52-1312;15-(5) For images of Uniform Commercial Code database information16-records accessed over the Internet, forty-five cents for each page or17-image of a page; 18-(4) For taking acknowledgment, ten dollars; 19-(5) For administering oath, ten dollars; 20-(6) For filings by for-profit corporations and associations required21-or permitted by law to file articles of incorporation or organization22-with the Secretary of State, the fees provided in section 21-205 unless23-otherwise specifically provided by law; and 24-(7) For filings by nonprofit corporations and associations required25-or permitted by law to file articles of incorporation or organization26-with the Secretary of State or for such a filing by any entity declared27-to be a corporation under section 21-608, the fees provided in section28-21-1905 unless otherwise specifically provided by law.29-The Secretary of State shall remit all fees collected pursuant to30-subdivisions (1), (2), and (4) through (7) of this section to the State31-LB835-2026-LB835-2026--3--Treasurer for credit to the Secretary of State Cash Fund. The Secretary1-of State shall remit all fees collected pursuant to subdivision (3) of2-this section to the State Treasurer for credit to the Records Management3-Cash Fund, and such fees shall be distributed as provided in any4-agreements between the State Records Board and the Secretary of State.5-Sec. 2. Section 52-1001, Reissue Revised Statutes of Nebraska, is6-amended to read: 7-52-1001 (1) Notices of liens upon real property for obligations8-payable to the United States and certificates and notices affecting the9-liens shall be presented in the office of the Secretary of State and may10-be presented by electronic means. Such notices of liens and certificates11-and notices affecting the liens shall be provided transmitted by the12-Secretary of State to and filed in the office of the register of deeds by13-the register of deeds of the county or counties in which the real14-property subject to the lien is situated as designated in the notice of15-lien or certificate or notice affecting the lien. A lien subject to this16-subsection shall be effective upon real property when filed by the17-register of deeds as provided in this subsection. 18-(2) Notices of federal liens upon personal property, whether19-tangible or intangible, for obligations payable to the United States and20-certificates and notices affecting the liens shall be filed in the office21-of the Secretary of State and may be filed by electronic means.22-Sec. 3. Section 52-1003, Reissue Revised Statutes of Nebraska, is23-amended to read: 24-52-1003 (1)(a) If a notice of federal lien upon real property, a25-refiling of a notice of federal lien upon real property, or a notice of26-revocation of any certificate described in subdivision (2)(a) of this27-section is provided transmitted to the register of deeds, he or she shall28-endorse thereon his or her identification and the date and time of29-receipt and forthwith file it alphabetically or enter it in an30-alphabetical index showing the name and address of the person named in31-LB835-2026-LB835-2026--4--the notice, the date and time of receipt, the serial number of the1-district director or title and address of the official or entity2-certifying the lien, and the total amount appearing on the notice of3-lien. 4-(b) If a notice of federal lien upon personal property, a refiling5-of a notice of federal lien upon personal property, or a notice of6-revocation of any certificate described in subdivision (2)(b) of this7-section is filed in the office of the Secretary of State, he or she shall8-endorse thereon his or her identification and the date and time of9-receipt and forthwith file it alphabetically or enter it in an10-alphabetical index. showing the name and address of the person named in11-the notice, the date and time of receipt, the serial number of the12-district director or title and address of the official or entity13-certifying the lien, and the total amount appearing on the notice of14-lien. 15-(2)(a) If a refiled notice of federal lien referred to in16-subdivision (1)(a) of this section is provided transmitted for filing to17-the register of deeds as specified in subsection (1) of section 52-1001,18-he or she shall file the refiled notice or the certificate with the19-original notice of lien and shall enter the refiled notice or the20-certificate with the date of filing in an alphabetical lien index on the21-line where the original notice of lien is entered.22-(b) If a refiled notice of federal lien referred to in subdivision23-(1)(b) of this section is filed in the office of the Secretary of State24-as specified in subsection (2) of section 52-1001, he or she shall file25-the refiled notice or the certificate and cross reference the original26-notice of lien on the state's central index system and shall enter the27-refiled notice or the certificate with the date of filing in the an28-alphabetical lien index. 29-(3)(a) Upon request of any person, the register of deeds shall issue30-his or her certificate showing whether there is on file, on the date and31-LB835-2026-LB835-2026--5--hour stated therein, any notice of lien or certificate or notice1-affecting any lien, filed under the Uniform Federal Tax Lien Registration2-Act on or after January 1, 1970, or under the Uniform Federal Lien3-Registration Act on or after July 9, 1988, naming a particular person4-and, if a notice or certificate is on file, giving the date and hour of5-filing of each notice or certificate. The fee for a certificate shall be6-one dollar and fifty cents. Upon request the register of deeds shall7-furnish a copy of any notice of federal lien or notice or certificate8-affecting a federal lien for a fee of one dollar per page.9-(b)(i) Prior to July 1, 2001, upon the request of any person, the10-Secretary of State shall provide information as provided in section11-9-411, Uniform Commercial Code, and charge such fees provided in such12-section, on any notice of lien or certificate or notice affecting any13-lien filed under the Uniform Federal Lien Registration Act on or after14-July 1, 1999. 15-(b) Upon (ii) On and after July 1, 2001, upon the request of any16-person, the Secretary of State shall provide information as provided in17-the Uniform Commercial Code and charge such fees provided in section18-9-525, Uniform Commercial Code, on any notice of lien or certificate or19-notice affecting any lien filed under the Uniform Federal Lien20-Registration Act on or after July 1, 1999. 21-(4) The register of deeds and his or her employees or the Secretary22-of State and his or her employees or agents shall be exempt from all23-personal liability as a result of any error or omission in providing24-information as required by this section except in cases of willful25-misconduct or gross negligence. 26-Sec. 4. Section 52-1312, Reissue Revised Statutes of Nebraska, is27-amended to read: 28-52-1312 The Secretary of State shall design and implement a central29-filing system for effective financing statements. The Secretary of State30-shall be the system operator. The system shall provide a means for filing31-LB835-2026-LB835-2026--6--effective financing statements or notices of such financing statements on1-a statewide basis. The system shall include requirements:2-(1) That an effective financing statement or notice of such3-financing statement shall be filed in the office of the Secretary of4-State. A debtor's residence shall be presumed to be the residence shown5-on the filing. The showing of an improper residence shall not affect the6-validity of the filing. The filing officer shall mark the statement or7-notice with a consecutive file number and with the date and hour of8-filing and shall hold the statement or notice or a microfilm or other9-digital copy thereof for public inspection. In addition, the filing10-officer shall index the statements and notices according to the name of11-the debtor and shall note in the index the file number and the address of12-the debtor given in the statement; 13-(2) That the Secretary of State compile information from all14-effective financing statements or notices filed with the Secretary of15-State into a master list (a) organized according to farm product, (b)16-arranged within each such product (i) in alphabetical order according to17-the last name of the individual debtors or, in the case of debtors doing18-business other than as individuals, the first word in the name of such19-debtors, (ii) in numerical order according to the approved unique20-identifier of the debtors, (iii) geographically by county, and (iv) by21-crop year, and (c) containing the information referred to in subdivision22-(4) of section 52-1307; 23-(3) That the Secretary of State cause the information on the master24-list to be published in lists (a) by farm product arranged alphabetically25-by debtor and (b) by farm product arranged numerically by the debtor's26-approved unique identifier. If a registered buyer so requests, the list27-or lists for such buyer may be limited to any county or group of counties28-where the farm product is produced or located or to any crop year or29-years or a combination of such identifiers; 30-(4) That all buyers of farm products, commission merchants, selling31-LB835-2026-LB835-2026--7--agents, and other persons may register with the Secretary of State to1-receive or obtain lists described in subdivision (3) of this section. Any2-buyer of farm products, commission merchant, selling agent, or other3-person conducting business from multiple locations shall be considered as4-one entity. Such registration shall be on an annual basis. The Secretary5-of State shall provide the form for registration which shall include the6-name and address of the registrant and the list or lists described in7-subdivision (3) of this section which such registrant desires to receive8-or obtain. A registration shall not be completed until the form provided9-is properly completed and received by the Secretary of State accompanied10-by the proper registration fee set by the Secretary of State . The fee for11-annual registration shall be thirty dollars. 12-A registrant shall pay an additional annual fee to receive or obtain13-lists described in subdivision (3) of this section. For access to the14-master lien each farm product list which contains the lists described in15-subdivision (3) of this section, the registration fee shall be an amount16-determined by the Secretary of State not to exceed two hundred dollars17-per year. 18-The Secretary of State shall maintain a record of the registrants19-and the lists and contents of the lists received or obtained by the20-registrants for a period of five years; 21-(5) That the lists as identified pursuant to subdivision (4) of this22-section be distributed or published by the Secretary of State not more23-often than once every month and not less often than once every three24-months as determined by the Secretary of State. The Secretary of State25-may provide for the distribution or publication of the lists on any26-medium and establish reasonable charges for such lists, not to exceed the27-fee charges provided for in subdivision (4) of this section.28-The Secretary of State shall, by rule and regulation, establish the29-dates upon which the distributions or publications will be made, the30-dates after which a filing of an effective financing statement will not31-LB835-2026-LB835-2026--8--be reflected on the next distribution or publication of lists, and the1-dates by which a registrant must complete a registration to receive or2-obtain the next list; and 3-(6) That the Secretary of State remove lapsed and terminated4-effective financing statements or notices of such financing statements5-from the master list prior to preparation of the lists required to be6-distributed or published by subdivision (5) of this section.7-Effective financing statements or any amendments or continuations of8-effective financing statements originally filed in the office of the9-county clerk that have been indexed and entered on the Secretary of10-State's central filing system need not be retained by the county filing11-office and may be disposed of or destroyed. 12-The Secretary of State shall apply to the Secretary of the United13-States Department of Agriculture for (a) certification of the central14-filing system and (b) approval of the system or method of selecting an15-approved unique identifier. 16-The Secretary of State shall remit any funds received pursuant to17-subdivision (4) or (5) of this section to the State Treasurer for credit18-to the Secretary of State Cash Fund. 19-Sec. 5. Section 52-1313, Reissue Revised Statutes of Nebraska, is20-amended to read: 21-52-1313 (1) Presentation for filing of an effective financing22-statement and the acceptance of the statement by the Secretary of State23-constitutes filing under sections 52-1301 to 52-1322.24-(2) The nonrefundable fee for presenting an effective financing25-statement, an amendment, or a continuation statement for filing and26-indexing and for stamping a copy furnished by the secured party to show27-the date and place of filing of an effective financing statement, an28-amendment, or a continuation statement shall be fourteen dollars if the29-record is communicated in writing and eleven dollars if the record is30-communicated by another medium authorized by the Secretary of State.31-LB835-2026-LB835-2026--9--There shall be no fee for the filing of a termination statement.1-(3) The Secretary of State shall remit any fees received pursuant to2-this section to the State Treasurer for credit to the Secretary of State3-Cash Fund. 4-Sec. 6. Section 52-1602, Reissue Revised Statutes of Nebraska, is5-amended to read: 6-52-1602 (1) The master lien list prescribed in section 52-1601 shall7-be distributed or published by the Secretary of State not more often than8-once every month and not less often than once every three months on the9-date corresponding to the date on which the lists provided pursuant to10-sections 52-1301 to 52-1322 are distributed or published.11-(2) Any person may register with the Secretary of State to receive12-or obtain the master lien list prescribed in section 52-1601. Such13-registration shall be on an annual basis. The Secretary of State shall14-provide the form for registration. A registration shall not be completed15-until the form provided is properly completed and received by the16-Secretary of State accompanied by the proper registration fee set by the17-Secretary of State. The fee for annual registration shall be thirty18-dollars, except that a registrant under sections 52-1301 to 52-1322 shall19-not be required to pay the registration fee provided by this section in20-addition to the registration fee paid pursuant to sections 52-1301 to21-52-1322 for the same annual registration period. A registrant under22-sections 52-1601 to 52-1605 shall pay an additional annual fee to receive23-or obtain the master lien lists prescribed in section 52-1601. For access24-to the each master lien list, the registration fee shall be an amount25-determined by the Secretary of State not to exceed two hundred dollars26-per year. The Secretary of State may provide for the distribution or27-publication of master lien lists on any medium and may establish28-reasonable charges for such lists, not to exceed the charges provided for29-in this subsection. 30-(3) The Secretary of State, by rule and regulation, shall establish31-LB835-2026-LB835-2026--10--the dates after which a filing of liens will not be reflected on the next1-distribution or publication of the master lien list and the date by which2-a registrant shall complete a registration in order to receive or obtain3-the next master lien list. 4-(4) The Secretary of State shall remit any funds received pursuant5-to subsection (2) of this section to the State Treasurer for credit to6-the Secretary of State Cash Fund. 7-Sec. 7. Section 77-3903, Revised Statutes Cumulative Supplement,8-2024, is amended to read: 9-77-3903 (1)(a) A notice of lien provided for in the Uniform State10-Tax Lien Registration and Enforcement Act upon real property shall be11-presented in the office of the Secretary of State. Such notice of lien12-shall be provided transmitted by the Secretary of State to and filed in13-the office of the register of deeds by the register of deeds of the14-county or counties in which the real property subject to the lien is15-situated as designated in the notice of lien. The register of deeds shall16-enter the notice in the alphabetical state tax lien index, showing on one17-line the name and residence of the person liable named in such notice,18-the last four digits of the social security number or the federal tax19-identification number of such person, the Tax Commissioner's or20-Commissioner of Labor's serial number of such notice, the date and hour21-of filing, and the amount due. Such presentments to the Secretary of22-State may be made by direct input to the Secretary of State's database or23-by other electronic means. All such notices of lien shall be retained in24-numerical order in a file designated state tax lien notices, except that25-in offices filing by the roll form of microfilm pursuant to section26-23-1517.01, the original notices need not be retained. A lien subject to27-this subsection shall be effective upon real property when filed by the28-register of deeds as provided in this subsection. 29-(b) A notice of lien provided for in the Uniform State Tax Lien30-Registration and Enforcement Act upon personal property shall be filed in31-LB835-2026-LB835-2026--11--the office of the Secretary of State. The Secretary of State shall enter1-the notice in the state's central tax lien index , showing on one line2-the name and residence of the person liable named in such notice, the3-last four digits of the social security number or the federal tax4-identification number of such person, the Tax Commissioner's or5-Commissioner of Labor's serial number of such notice, the date and hour6-of filing, and the amount due. Such filings with the Secretary of State7-may be filed by direct input to the Secretary of State's database or by8-other electronic means. All such notices of lien shall be retained in9-numerical order in a file designated state tax lien notices.10-(2) The uniform fee, payable to the Secretary of State, for11-presenting for filing, releasing, continuing, or subordinating or for12-filing, releasing, continuing, or subordinating each tax lien pursuant to13-the Uniform State Tax Lien Registration and Enforcement Act shall be two14-times the fee required for recording instruments with the register of15-deeds as provided in section 33-109. There shall be no fee for the filing16-of a termination statement. The uniform fee for each county more than one17-designated pursuant to subdivision (1)(a) of this section shall be the18-fee required for recording instruments with the register of deeds as19-provided in section 33-109. The Secretary of State shall remit each fee20-received pursuant to this subsection to the State Treasurer for credit to21-the Secretary of State Cash Fund, except that of the fees received22-pursuant to this subsection, the Secretary of State shall remit the fee23-required for recording instruments with the register of deeds as provided24-in section 33-109 to the register of deeds of a county for each25-designation of such county in a filing pursuant to subdivision (1)(a) of26-this section. 27-(3) The Secretary of State shall bill the Tax Commissioner or28-Commissioner of Labor on a monthly basis for fees for documents presented29-to or filed with the Secretary of State. No payment of any fee shall be30-required at the time of presenting or filing any such lien document.31-LB835-2026-LB835-2026--12--Sec. 8. Section 9-523, Uniform Commercial Code, Reissue Revised1-Statutes of Nebraska, is amended to read: 2-9-523 Information from filing office; sale or license of records.3-(a) If a person that files a written record requests an4-acknowledgment of the filing, the filing office shall send to the person5-an image of the record showing the number assigned to the record pursuant6-to section 9-519(a)(1) and the date and time of the filing of the record.7-However, if the person furnishes a copy of the record to the filing8-office, the filing office may instead: 9-(1) note upon the copy the number assigned to the record pursuant to10-section 9-519(a)(1) and the date and time of the filing of the record;11-and 12-(2) send the copy to the person. 13-(b) If a person files a record other than a written record, the14-filing office shall communicate to the person an acknowledgment that15-provides: 16-(1) the information in the record; 17-(2) the number assigned to the record pursuant to section 9-519(a)18-(1); and 19-(3) the date and time of the filing of the record.20-(c) The filing office shall communicate or otherwise make available21-in a record the following information to any person that requests it:22-(1) whether there is on file on a date and time specified by the23-filing office, but not a date earlier than three business days before the24-filing office receives the request, any financing statement that:25-(A) designates a particular debtor; 26-(B) has not lapsed under section 9-515 with respect to all secured27-parties of record; and 28-(C) if the request so states, has lapsed under section 9-515 and a29-record of which is maintained by the filing office under section30-9-522(a); 31-LB835-2026-LB835-2026--13--(2) the date and time of filing of each financing statement; and1-(3) the information provided in each financing statement.2-(d) In complying with its duty under subsection (c), the filing3-office may communicate information in any medium. However, if requested,4-the filing office shall communicate information by issuing its written5-certificate. 6-(e) The filing office shall perform the acts required by subsections7-(a) through (d) at the time and in the manner prescribed by filing-office8-rule, but not later than two business days after the filing office9-receives the request. 10-(f) (f)(1) The Secretary of State shall offer to sell or license to11-the public on a nonexclusive basis, in bulk, copies of all records filed12-in the office of the Secretary of State under this part, in every medium13-from time to time available to the filing office. 14-(2) Records filed in the office of the Secretary of State under this15-part may be made available electronically through the portal established16-under section 84-1204, Reissue Revised Statutes of Nebraska. For batch17-requests, the fee is two dollars per record accessed through the portal,18-except that the fee for a batch request for one thousand or more records19-is two thousand dollars. All fees collected pursuant to this subdivision20-shall be deposited in the Records Management Cash Fund and shall be21-distributed as provided in any agreements between the State Records Board22-and the Secretary of State. 23-Sec. 9. Section 9-525, Uniform Commercial Code, Reissue Revised24-Statutes of Nebraska, is amended to read: 25-9-525 Fees. 26-(a) The nonrefundable fee for submitting a record for filing and27-indexing a record under this part is: 28-(1) Except as provided in subdivision (a)(3) of this section,29-fourteen dollars if the record is communicated in writing;30-(2) Except as provided in subdivision (a)(3) of this section, eleven31-LB835-2026-LB835-2026--14--dollars if the record is communicated by another medium authorized by1-filing-office rule; and 2-(3) One hundred dollars if the debtor is a transmitting utility and3-the filing so indicates. 4-(b) The number of names required to be indexed does not affect the5-amount of the fee in subsection (a). 6-(c) There is no fee for the filing of a termination statement.7-(d)(1) The fee for responding to a request for information from the8-filing office, including for communicating whether there is on file any9-financing statement naming a particular debtor, is five dollars if the10-request is communicated in writing. 11-(2) The fee for responding to a request for information from the12-filing office, including for communicating whether there is on file any13-financing statement naming a particular debtor, is four dollars and fifty14-cents if the request is communicated by another medium authorized by15-filing-office rule. 16-(e) The fees charged by county clerks for inquiries and other17-services regarding information in the centralized computer system shall18-be the same as set forth in this section. 19-(e) (f) The Secretary of State shall remit the fees received by the20-Secretary of State pursuant to this section to the State Treasurer for21-credit to the Secretary of State Cash Fund. 22-Sec. 10. Original sections 52-1001, 52-1003, 52-1312, 52-1313, and23-52-1602, Reissue Revised Statutes of Nebraska, sections 33-101 and24-77-3903, Revised Statutes Cumulative Supplement, 2024, and sections 9-52325-and 9-525, Uniform Commercial Code, Reissue Revised Statutes of Nebraska,26-are repealed. 27-Sec. 11. The following section is outright repealed: Section28-52-1313.01, Reissue Revised Statutes of Nebraska. 29-LB835-2026-LB835-2026--15-
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