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LEGISLATIVE BILL 835
Approved by the Governor April 14, 2026
Introduced by Jacobson, 42.
A BILL FOR AN ACT relating to the Secretary of State; to amend sections
52-1001, 52-1003, 52-1312, 52-1313, and 52-1602, Reissue Revised Statutes
of Nebraska, sections 33-101 and 77-3903, Revised Statutes Cumulative
Supplement, 2024, and sections 9-523 and 9-525, Uniform Commercial Code,
Reissue Revised Statutes of Nebraska; to change and eliminate provisions
relating to fees, notices of liens under the Uniform Federal Lien
Registration Act and the Uniform State Tax Lien Registration and
Enforcement Act, the central filing system, effective financing
statements, the master lien list, and filed records under the Uniform
Commercial Code; to harmonize provisions; to repeal the original sections;
and to outright repeal section 52-1313.01, Reissue Revised Statutes of
Nebraska.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 33-101, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
33-101 There shall be paid to the Secretary of State the following fees:
(1) For requesting a certificate or exemplification with seal, a
nonrefundable fee of ten dollars;
(2) For copies of records, for each page, a fee of one dollar;
(3) For accessing business entity records by electronic means:
(a) For batch requests of business entity information, fifteen dollars for
up to one thousand business entities accessed and an additional fifteen dollars
for each additional one thousand business entities accessed over one thousand;
(b) For information in the Secretary of State's Uniform Commercial Code
Division database, including records filed pursuant to the Uniform Commercial
Code, Chapter 52, article 2, 5, 7, 9, 10, 11, 12, or 14, Chapter 54, article 2,
or the Uniform State Tax Lien Registration and Enforcement Act, for batch
requests searched by debtor location, fifteen dollars for up to one thousand
records accessed and an additional fifteen dollars for each additional one
thousand records accessed over one thousand;
(b) (c) For an electronically transmitted certificate indicating whether a
business is properly registered with the Secretary of State and authorized to
do business in the state, six dollars and fifty cents;
(c) (d) For the entire contents of the database regarding business
entities corporations and the Uniform Commercial Code, but excluding electronic
images, three hundred dollars weekly subscription rate, one thousand dollars
monthly subscription rate for a twice-monthly service, and eight hundred
dollars monthly subscription rate;
(d) (e) For images of business entity records accessed over the Internet
or by other electronic means other than facsimile machine, forty-five cents for
each page or image of a page , not to exceed two thousand dollars per request
for batch requests; and
(e) (f) For the entire contents of the image database regarding business
entities corporations and the Uniform Commercial Code, eight hundred dollars
monthly subscription rate;
(4)(a) For bulk data requests of Uniform Commercial Code database
information including records filed pursuant to the Uniform Commercial Code,
Chapter 52, article 2, 5, 7, 9, 10, 11, 12, 13, or 14, Chapter 54, article 2,
the Uniform Federal Lien Registration Act, or the Uniform State Tax Lien
Registration and Enforcement Act, a nonrefundable fee of:
(i) Eight hundred dollars for an initial file;
(ii) Eight hundred dollars for a monthly update file; and
(iii) Three hundred dollars for a weekly update file.
(b) Effective financing statement data accessed through bulk data requests
shall be for informational purposes only and shall not provide the protection
afforded a buyer registered pursuant to section 52-1312;
(5) For images of Uniform Commercial Code database information records
accessed over the Internet, forty-five cents for each page or image of a page;
(4) For taking acknowledgment, ten dollars;
(5) For administering oath, ten dollars;
(6) For filings by for-profit corporations and associations required or
permitted by law to file articles of incorporation or organization with the
Secretary of State, the fees provided in section 21-205 unless otherwise
specifically provided by law; and
(7) For filings by nonprofit corporations and associations required or
permitted by law to file articles of incorporation or organization with the
Secretary of State or for such a filing by any entity declared to be a
corporation under section 21-608, the fees provided in section 21-1905 unless
otherwise specifically provided by law.
The Secretary of State shall remit all fees collected pursuant to
subdivisions (1), (2), and (4) through (7) of this section to the State
Treasurer for credit to the Secretary of State Cash Fund. The Secretary of
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State shall remit all fees collected pursuant to subdivision (3) of this
section to the State Treasurer for credit to the Records Management Cash Fund,
and such fees shall be distributed as provided in any agreements between the
State Records Board and the Secretary of State.
Sec. 2. Section 52-1001, Reissue Revised Statutes of Nebraska, is amended
to read:
52-1001 (1) Notices of liens upon real property for obligations payable to
the United States and certificates and notices affecting the liens shall be
presented in the office of the Secretary of State and may be presented by
electronic means. Such notices of liens and certificates and notices affecting
the liens shall be provided transmitted by the Secretary of State to and filed
in the office of the register of deeds by the register of deeds of the county
or counties in which the real property subject to the lien is situated as
designated in the notice of lien or certificate or notice affecting the lien. A
lien subject to this subsection shall be effective upon real property when
filed by the register of deeds as provided in this subsection.
(2) Notices of federal liens upon personal property, whether tangible or
intangible, for obligations payable to the United States and certificates and
notices affecting the liens shall be filed in the office of the Secretary of
State and may be filed by electronic means.
Sec. 3. Section 52-1003, Reissue Revised Statutes of Nebraska, is amended
to read:
52-1003 (1)(a) If a notice of federal lien upon real property, a refiling
of a notice of federal lien upon real property, or a notice of revocation of
any certificate described in subdivision (2)(a) of this section is provided
transmitted to the register of deeds, he or she shall endorse thereon his or
her identification and the date and time of receipt and forthwith file it
alphabetically or enter it in an alphabetical index showing the name and
address of the person named in the notice, the date and time of receipt, the
serial number of the district director or title and address of the official or
entity certifying the lien, and the total amount appearing on the notice of
lien.
(b) If a notice of federal lien upon personal property, a refiling of a
notice of federal lien upon personal property, or a notice of revocation of any
certificate described in subdivision (2)(b) of this section is filed in the
office of the Secretary of State, he or she shall endorse thereon his or her
identification and the date and time of receipt and forthwith file it
alphabetically or enter it in an alphabetical index. showing the name and
address of the person named in the notice, the date and time of receipt, the
serial number of the district director or title and address of the official or
entity certifying the lien, and the total amount appearing on the notice of
lien.
(2)(a) If a refiled notice of federal lien referred to in subdivision (1)
(a) of this section is provided transmitted for filing to the register of deeds
as specified in subsection (1) of section 52-1001, he or she shall file the
refiled notice or the certificate with the original notice of lien and shall
enter the refiled notice or the certificate with the date of filing in an
alphabetical lien index on the line where the original notice of lien is
entered.
(b) If a refiled notice of federal lien referred to in subdivision (1)(b)
of this section is filed in the office of the Secretary of State as specified
in subsection (2) of section 52-1001, he or she shall file the refiled notice
or the certificate and cross reference the original notice of lien on the
state's central index system and shall enter the refiled notice or the
certificate with the date of filing in the an alphabetical lien index.
(3)(a) Upon request of any person, the register of deeds shall issue his
or her certificate showing whether there is on file, on the date and hour
stated therein, any notice of lien or certificate or notice affecting any lien,
filed under the Uniform Federal Tax Lien Registration Act on or after January
1, 1970, or under the Uniform Federal Lien Registration Act on or after July 9,
1988, naming a particular person and, if a notice or certificate is on file,
giving the date and hour of filing of each notice or certificate. The fee for a
certificate shall be one dollar and fifty cents. Upon request the register of
deeds shall furnish a copy of any notice of federal lien or notice or
certificate affecting a federal lien for a fee of one dollar per page.
(b)(i) Prior to July 1, 2001, upon the request of any person, the
Secretary of State shall provide information as provided in section 9-411,
Uniform Commercial Code, and charge such fees provided in such section, on any
notice of lien or certificate or notice affecting any lien filed under the
Uniform Federal Lien Registration Act on or after July 1, 1999.
(b) Upon (ii) On and after July 1, 2001, upon the request of any person,
the Secretary of State shall provide information as provided in the Uniform
Commercial Code and charge such fees provided in section 9-525, Uniform
Commercial Code, on any notice of lien or certificate or notice affecting any
lien filed under the Uniform Federal Lien Registration Act on or after July 1,
1999.
(4) The register of deeds and his or her employees or the Secretary of
State and his or her employees or agents shall be exempt from all personal
liability as a result of any error or omission in providing information as
required by this section except in cases of willful misconduct or gross
negligence.
Sec. 4. Section 52-1312, Reissue Revised Statutes of Nebraska, is amended
to read:
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52-1312 The Secretary of State shall design and implement a central filing
system for effective financing statements. The Secretary of State shall be the
system operator. The system shall provide a means for filing effective
financing statements or notices of such financing statements on a statewide
basis. The system shall include requirements:
(1) That an effective financing statement or notice of such financing
statement shall be filed in the office of the Secretary of State. A debtor's
residence shall be presumed to be the residence shown on the filing. The
showing of an improper residence shall not affect the validity of the filing.
The filing officer shall mark the statement or notice with a consecutive file
number and with the date and hour of filing and shall hold the statement or
notice or a microfilm or other digital copy thereof for public inspection. In
addition, the filing officer shall index the statements and notices according
to the name of the debtor and shall note in the index the file number and the
address of the debtor given in the statement;
(2) That the Secretary of State compile information from all effective
financing statements or notices filed with the Secretary of State into a master
list (a) organized according to farm product, (b) arranged within each such
product (i) 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 such debtors, (ii) in numerical order according
to the approved unique identifier of the debtors, (iii) geographically by
county, and (iv) by crop year, and (c) containing the information referred to
in subdivision (4) of section 52-1307;
(3) That the Secretary of State cause the information on the master list
to be published in lists (a) by farm product arranged alphabetically by debtor
and (b) by farm product arranged numerically by the debtor's approved unique
identifier. If a registered buyer so requests, the list or lists for such buyer
may be limited to any county or group of counties where the farm product is
produced or located or to any crop year or years or a combination of such
identifiers;
(4) That all buyers of farm products, commission merchants, selling
agents, and other persons may register with the Secretary of State to receive
or obtain lists described in subdivision (3) of this section. Any buyer of farm
products, commission merchant, selling agent, or other person conducting
business from multiple locations shall be considered as one entity. Such
registration shall be on an annual basis. The Secretary of State shall provide
the form for registration which shall include the name and address of the
registrant and the list or lists described in subdivision (3) of this section
which such registrant desires to receive or obtain. A registration shall not be
completed until the form provided is properly completed and received by the
Secretary of State accompanied by the proper registration fee set by the
Secretary of State. The fee for annual registration shall be thirty dollars.
A registrant shall pay an additional annual fee to receive or obtain lists
described in subdivision (3) of this section. For access to the master lien
each farm product list which contains the lists described in subdivision (3) of
this section, the registration fee shall be an amount determined by the
Secretary of State not to exceed two hundred dollars per year.
The Secretary of State shall maintain a record of the registrants and the
lists and contents of the lists received or obtained by the registrants for a
period of five years;
(5) That the lists as identified pursuant to subdivision (4) of this
section be distributed or published by the Secretary of State not more often
than once every month and not less often than once every three months as
determined by the Secretary of State. The Secretary of State may provide for
the distribution or publication of the lists on any medium and establish
reasonable charges for such lists, not to exceed the fee charges provided for
in subdivision (4) of this section.
The Secretary of State shall, by rule and regulation, establish the dates
upon which the distributions or publications will be made, the dates after
which a filing of an effective financing statement will not be reflected on the
next distribution or publication of lists, and the dates by which a registrant
must complete a registration to receive or obtain the next list; and
(6) That the Secretary of State remove lapsed and terminated effective
financing statements or notices of such financing statements from the master
list prior to preparation of the lists required to be distributed or published
by subdivision (5) of this section.
Effective financing statements or any amendments or continuations of
effective financing statements originally filed in the office of the county
clerk that have been indexed and entered on the Secretary of State's central
filing system need not be retained by the county filing office and may be
disposed of or destroyed.
The Secretary of State shall apply to the Secretary of the United States
Department of Agriculture for (a) certification of the central filing system
and (b) approval of the system or method of selecting an approved unique
identifier.
The Secretary of State shall remit any funds received pursuant to
subdivision (4) or (5) of this section to the State Treasurer for credit to the
Secretary of State Cash Fund.
Sec. 5. Section 52-1313, Reissue Revised Statutes of Nebraska, is amended
to read:
52-1313 (1) Presentation for filing of an effective financing statement
and the acceptance of the statement by the Secretary of State constitutes
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filing under sections 52-1301 to 52-1322.
(2) The nonrefundable fee for presenting an effective financing statement,
an amendment, or a continuation statement for filing and indexing and for
stamping a copy furnished by the secured party to show the date and place of
filing of an effective financing statement, an amendment, or a continuation
statement shall be fourteen dollars if the record is communicated in writing
and eleven dollars if the record is communicated by another medium authorized
by the Secretary of State. There shall be no fee for the filing of a
termination statement.
(3) The Secretary of State shall remit any fees received pursuant to this
section to the State Treasurer for credit to the Secretary of State Cash Fund.
Sec. 6. Section 52-1602, Reissue Revised Statutes of Nebraska, is amended
to read:
52-1602 (1) The master lien list prescribed in section 52-1601 shall be
distributed or published by the Secretary of State not more often than once
every month and not less often than once every three months on the date
corresponding to the date on which the lists provided pursuant to sections
52-1301 to 52-1322 are distributed or published.
(2) Any person may register with the Secretary of State to receive or
obtain the master lien list prescribed in section 52-1601. Such registration
shall be on an annual basis. The Secretary of State shall provide the form for
registration. A registration shall not be completed until the form provided is
properly completed and received by the Secretary of State accompanied by the
proper registration fee set by the Secretary of State. The fee for annual
registration shall be thirty dollars, except that a registrant under sections
52-1301 to 52-1322 shall not be required to pay the registration fee provided
by this section in addition to the registration fee paid pursuant to sections
52-1301 to 52-1322 for the same annual registration period. A registrant under
sections 52-1601 to 52-1605 shall pay an additional annual fee to receive or
obtain the master lien lists prescribed in section 52-1601. For access to the
each master lien list, the registration fee shall be an amount determined by
the Secretary of State not to exceed two hundred dollars per year. The
Secretary of State may provide for the distribution or publication of master
lien lists on any medium and may establish reasonable charges for such lists,
not to exceed the charges provided for in this subsection.
(3) The Secretary of State, by rule and regulation, shall establish the
dates after which a filing of liens will not be reflected on the next
distribution or publication of the master lien list and the date by which a
registrant shall complete a registration in order to receive or obtain the next
master lien list.
(4) The Secretary of State shall remit any funds received pursuant to
subsection (2) of this section to the State Treasurer for credit to the
Secretary of State Cash Fund.
Sec. 7. Section 77-3903, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
77-3903 (1)(a) A notice of lien provided for in the Uniform State Tax Lien
Registration and Enforcement Act upon real property shall be presented in the
office of the Secretary of State. Such notice of lien shall be provided
transmitted by the Secretary of State to and filed in the office of the
register of deeds by the register of deeds of the county or counties in which
the real property subject to the lien is situated as designated in the notice
of lien. The register of deeds shall enter the notice in the alphabetical state
tax lien index, showing on one line the name and residence of the person liable
named in such notice, the last four digits of the social security number or the
federal tax identification number of such person, the Tax Commissioner's or
Commissioner of Labor's serial number of such notice, the date and hour of
filing, and the amount due. Such presentments to the Secretary of State may be
made by direct input to the Secretary of State's database or by other
electronic means. All such notices of lien shall be retained in numerical order
in a file designated state tax lien notices, except that in offices filing by
the roll form of microfilm pursuant to section 23-1517.01, the original notices
need not be retained. A lien subject to this subsection shall be effective upon
real property when filed by the register of deeds as provided in this
subsection.
(b) A notice of lien provided for in the Uniform State Tax Lien
Registration and Enforcement Act upon personal property shall be filed in the
office of the Secretary of State. The Secretary of State shall enter the notice
in the state's central tax lien index , showing on one line the name and
residence of the person liable named in such notice, the last four digits of
the social security number or the federal tax identification number of such
person, the Tax Commissioner's or Commissioner of Labor's serial number of such
notice, the date and hour of filing, and the amount due. Such filings with the
Secretary of State may be filed by direct input to the Secretary of State's
database or by other electronic means. All such notices of lien shall be
retained in numerical order in a file designated state tax lien notices.
(2) The uniform fee, payable to the Secretary of State, for presenting for
filing, releasing, continuing, or subordinating or for filing, releasing,
continuing, or subordinating each tax lien pursuant to the Uniform State Tax
Lien Registration and Enforcement Act shall be two times the fee required for
recording instruments with the register of deeds as provided in section 33-109.
There shall be no fee for the filing of a termination statement. The uniform
fee for each county more than one designated pursuant to subdivision (1)(a) of
this section shall be the fee required for recording instruments with the
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register of deeds as provided in section 33-109. The Secretary of State shall
remit each fee received pursuant to this subsection to the State Treasurer for
credit to the Secretary of State Cash Fund, except that of the fees received
pursuant to this subsection, the Secretary of State shall remit the fee
required for recording instruments with the register of deeds as provided in
section 33-109 to the register of deeds of a county for each designation of
such county in a filing pursuant to subdivision (1)(a) of this section.
(3) The Secretary of State shall bill the Tax Commissioner or Commissioner
of Labor on a monthly basis for fees for documents presented to or filed with
the Secretary of State. No payment of any fee shall be required at the time of
presenting or filing any such lien document.
Sec. 8. Section 9-523, Uniform Commercial Code, Reissue Revised Statutes
of Nebraska, is amended to read:
9-523 Information from filing office; sale or license of records.
(a) If a person that files a written record requests an acknowledgment of
the filing, the filing office shall send to the person an image of the record
showing the number assigned to the record pursuant to section 9-519(a)(1) and
the date and time of the filing of the record. However, if the person furnishes
a copy of the record to the filing office, the filing office may instead:
(1) note upon the copy the number assigned to the record pursuant to
section 9-519(a)(1) and the date and time of the filing of the record; and
(2) send the copy to the person.
(b) If a person files a record other than a written record, the filing
office shall communicate to the person an acknowledgment that provides:
(1) the information in the record;
(2) the number assigned to the record pursuant to section 9-519(a)(1); and
(3) the date and time of the filing of the record.
(c) The filing office shall communicate or otherwise make available in a
record the following information to any person that requests it:
(1) whether there is on file on a date and time specified by the filing
office, but not a date earlier than three business days before the filing
office receives the request, any financing statement that:
(A) designates a particular debtor;
(B) has not lapsed under section 9-515 with respect to all secured parties
of record; and
(C) if the request so states, has lapsed under section 9-515 and a record
of which is maintained by the filing office under section 9-522(a);
(2) the date and time of filing of each financing statement; and
(3) the information provided in each financing statement.
(d) In complying with its duty under subsection (c), the filing office may
communicate information in any medium. However, if requested, the filing office
shall communicate information by issuing its written certificate.
(e) The filing office shall perform the acts required by subsections (a)
through (d) at the time and in the manner prescribed by filing-office rule, but
not later than two business days after the filing office receives the request.
(f) (f)(1) The Secretary of State shall offer to sell or license to the
public on a nonexclusive basis, in bulk, copies of all records filed in the
office of the Secretary of State under this part, in every medium from time to
time available to the filing office.
(2) Records filed in the office of the Secretary of State under this part
may be made available electronically through the portal established under
section 84-1204, Reissue Revised Statutes of Nebraska. For batch requests, the
fee is two dollars per record accessed through the portal, except that the fee
for a batch request for one thousand or more records is two thousand dollars.
All fees collected pursuant to this subdivision shall be deposited in the
Records Management Cash Fund and shall be distributed as provided in any
agreements between the State Records Board and the Secretary of State.
Sec. 9. Section 9-525, Uniform Commercial Code, Reissue Revised Statutes
of Nebraska, is amended to read:
9-525 Fees.
(a) The nonrefundable fee for submitting a record for filing and indexing
a record under this part is:
(1) Except as provided in subdivision (a)(3) of this section, fourteen
dollars if the record is communicated in writing;
(2) Except as provided in subdivision (a)(3) of this section, eleven
dollars if the record is communicated by another medium authorized by filing-
office rule; and
(3) One hundred dollars if the debtor is a transmitting utility and the
filing so indicates.
(b) The number of names required to be indexed does not affect the amount
of the fee in subsection (a).
(c) There is no fee for the filing of a termination statement.
(d)(1) The fee for responding to a request for information from the filing
office, including for communicating whether there is on file any financing
statement naming a particular debtor, is five dollars if the request is
communicated in writing.
(2) The fee for responding to a request for information from the filing
office, including for communicating whether there is on file any financing
statement naming a particular debtor, is four dollars and fifty cents if the
request is communicated by another medium authorized by filing-office rule.
(e) The fees charged by county clerks for inquiries and other services
regarding information in the centralized computer system shall be the same as
set forth in this section.
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(e) (f) The Secretary of State shall remit the fees received by the
Secretary of State pursuant to this section to the State Treasurer for credit
to the Secretary of State Cash Fund.
Sec. 10. Original sections 52-1001, 52-1003, 52-1312, 52-1313, and
52-1602, Reissue Revised Statutes of Nebraska, sections 33-101 and 77-3903,
Revised Statutes Cumulative Supplement, 2024, and sections 9-523 and 9-525,
Uniform Commercial Code, Reissue Revised Statutes of Nebraska, are repealed.
Sec. 11. The following section is outright repealed: Section 52-1313.01,
Reissue Revised Statutes of Nebraska.
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