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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2326 By: Frix
COMMITTEE SUBSTITUTE
An Act relating to abstractors; amending 1 O.S. 2011,
Section 22, as last amended by Section 12, Chapte r
116, O.S.L. 2020 (1 O.S. Supp. 2020, Section 22),
which relates to the Oklahoma Abstractors Board;
allowing for certain reappointment to the Board;
amending 1 O.S. 2011, Section 38, which relates to
qualifications for licensure; modifying requirement
for licensure; defining terms; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 1 O.S. 2011, Section 22, as last
amended by Section 12, Chapter 116, O.S.L. 2020 (1 O.S. Supp. 2020,
Section 22), is amended to read as follows:
Section 22. A. There is hereby re -created to continue until
July 1, 2023, in accordance with the Oklahoma Sunset Law the
Oklahoma Abstractors Board. Beginning January 1, 2008, the Oklahoma
Abstractors Board shall have the total responsibility of
administering and enforcing the Oklahoma Abstractors Act.
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B. The Board shall have the power and duty to prescribe,
promulgate and implement rules as deemed necessary to implement all
the provisions of the Oklahoma Abstractors Act.
C. The Board shall have the power and duty to obtain and secure
an office in Oklahoma City, and employ, direct, discharge, and
define the duties and set the salaries of employees of the Board,
including an executive direct or, as are necessary to implement the
provisions of the Oklahoma Abstractors Act.
D. The Board shall consist of nine (9) members who shall be
appointed by the Governor and confirmed by the Senate:
1. Six of the members shall be residents of this state wh o are
either a holder of a current valid Certificate of Authority or an
employee of a holder of a current valid Certificate of Authority for
not less than five (5) years in a county in the district from which
the member is appointed prior to appointment. One member shall be
appointed from each of the following districts:
District 1: Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey,
Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills,
Texas, Woods, and Woodward Counties.
District 2: Beckham, Caddo, Carter, Comanche, Cotton, Garvin,
Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain,
Murray, Stephens, Tillman, and Washita Counties.
District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.
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District 4: Adair, Cherokee, Craig, Delawar e, Kay, Mayes,
Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne,
Sequoyah, and Washington Counties.
District 5: Creek, Lincoln, Rogers, Tulsa, and Wagoner Counties.
District 6: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes,
Johnston, Latimer, Leflore, McIntosh, Marshall, McCurtain, Okfuskee,
Pittsburg, Pontotoc, Pottawatomie, Pushmataha, and Seminole
Counties;
2. One member shall be a resident of this state who has been a
licensed real estate broker in Oklahoma for not less than five (5)
years;
3. One member shall be an attorney who is a resident of this
state who has been licensed to practice in Oklahoma for not less
than five (5) years; and
4. One member shall be a resident of this state who has been an
officer in a bank in Oklahoma for no t less than five (5) years.
E. The Governor shall make the initial appointments to the
Board within ninety (90) days of the effective date of this act:
1. The initial appointments for the members of the Board shall
be as follows:
a. members appointed fro m Districts 1 and 3 shall serve
until July 1, 2008,
b. members appointed from Districts 2 and 4 shall serve
until July 1, 2009,
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c. members appointed from Districts 5 and 6 shall serve
until July 1, 2010,
d. the real estate broker member shall serve until J uly
1, 2010,
e. the attorney member shall serve until July 1, 2009,
and
f. the bank officer member shall serve until July 1,
2010; and
2. Thereafter, all members shall serve four -year terms.
F. Each member shall hold office until the expiration of the
term of office for which appointed or until a successor has been
appointed and confirmed:
1. Vacancies on the Board due to death, resignation, or removal
occurring during a term shall be filled by the Governor for the
unexpired portion of the term in a mann er as provided for regular
appointments to the Board;
2. Members filling the remainder of an unexpired term shall
assume office immediately upon appointment by the Governor and shall
serve until confirmation or denial of confirmation by the Senate;
and
3. A member may be reappointed to the Board, but shall not
serve more than two consecutive terms. A member that has previously
served two consecutive terms may be reappointed after the expiration
of at least one full term.
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G. Members of the Board shall re ceive no salary or compensation
for service on the Board, but shall be reimbursed for travel
expenses incurred on behalf of their service on the Board pursuant
to the State Travel Reimbursement Act.
H. Members may be removed from office by the Governor:
1. For inefficiency, neglect of duty, or malfeasance in office
in the manner provided for by law for the removal of officers not
subject to impeachment;
2. For cause which shall include, but not be limited to:
a. the member has ceased to be qualified. A member of
the Board is no longer qualified to serve if that
member:
(1) is a member whose Certificate of Authority,
license, or permit pursuant to the laws of this
state has become void or has been revoked or
suspended, or
(2) is a member who has moved fro m this state,
b. the member has been convicted, pled guilty or nolo
contendere to a felony pursuant to the laws of the
United States or any jurisdiction,
c. the member has become medically incapacitated as
determined in writing by a medical doctor upon req uest
by the Board, or
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d. the member has been absent from three meetings, or is
absent for more than one -half (1/2) the number of
minutes for which a meeting is conducted of three
meetings as determined by the Board during any twelve -
month period, unless su ch absence is determined to be
unavoidable in the opinion of a majority of the
remaining members;
3. Upon being found guilty, through due process, of
malfeasance, misfeasance or nonfeasance in relation to Board duties;
or
4. Upon being found mentally inc ompetent by a court of
competent jurisdiction.
I. Removal pursuant to the provisions of subsection H of this
section shall be accomplished in the following manner:
1. After a majority vote of the remaining members setting out
the dates of absences or oth er grounds for removal and the fact of
the disqualification of the member, a written notification of the
said vote shall be sent to the Governor; and
2. Upon receipt of the written notification, the Governor,
after a hearing conducted in accordance with t he provisions of the
Administrative Procedures Act, may remove any member of the Board
for any of the reasons set out in the notice from the Board or for
any other reason specified in this act, provided:
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a. removal pursuant to the provisions of this subsec tion
shall occur upon the Governor filing a written
statement of findings after the hearing as to the
reasons and basis for removal of the member with the
secretary of the Board, and
b. the Governor shall appoint another member in the
manner provided for a ppointments to the Board.
SECTION 2. AMENDATORY 1 O.S. 2011, Section 38, is
amended to read as follows:
Section 38. A. An abstract license shall be issued by the
Oklahoma Abstractors Board to an applicant who:
1. Is eighteen (18) years of age or older;
2. Is of good moral character;
3. Has not been convicted of or pleaded guilty or nolo
contendere to a felony or crime of moral turpitude disqualifying
offense that substantially relates to the practice of abstracting or
poses a reasonable threat to public safety in this state, another
state, or a federal court; and
4. Has passed a test for abstractors required by the Board.
B. Each abstract license shall be valid for one (1) year. The
Board shall set the fees for an abstract l icense and for renewal not
to exceed One Hundred Fifty Dollars ($150.00).
C. As used in this section:
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1. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation; and
2. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability t o perform one or more of the duties or
responsibilities necessarily related to the occupation.
SECTION 3. This act shall become effective November 1, 2021.
58-1-7437 MAH 02/09/21