Oklahoma 2022 Regular Session

Oklahoma House Bill HB2326 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 2326 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 2326 By: Frix of the House
	32	+
	33	+	and
	34	+
	35	+	Pemberton of the Senate
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	38	+
	39	+
	40	+	An Act relating to abstractors; amending 1 O.S. 2011,
	41	+	Section 22, as last amended by Section 12, Chapter
	42	+	116, O.S.L. 2020 (1 O.S. Supp. 2020, Section 22),
	43	+	which relates to the Oklahoma Abstractors Board;
	44	+	allowing for certain reappointment to the Board;
	45	+	amending 1 O.S. 2011, Section 38, which relates to
	46	+	qualifications for licensure; modifying requirement
	47	+	for licensure; defining terms; and providing an
	48	+	effective date.
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	51	+
	52	+	AMENDMENT NO. 1. Page 7, line 15, insert, after the word
	53	+	"turpitude" and before the word " disqualifying",
	54	+	the word "or"
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	56	+	Passed the Senate the 21st day of April, 2021.
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	60	+	Presiding Officer of the Senate
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	63	+	Passed the House of Representatives the ____ day of __________,
	64	+	2021.
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	68	+	Presiding Officer of the House
	69	+	of Representatives
	70	+
	71	+	ENGR. H. B. NO. 2326 Page 1 1
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	96	+	ENGROSSED HOUSE
3	97		BILL NO. 2326 By: Frix of the House
4	98
5	99		and
6	100
7	101		Pemberton of the Senate
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9	103
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14	108		An Act relating to abstractors; amending 1 O.S. 2011,
15	109		Section 22, as last amended by Section 12, Chapter
16	110		116, O.S.L. 2020 (1 O.S. Supp. 2020, Section 22),
17	111		which relates to the Oklahoma Abstractors Board;
18	112		allowing for certain reappointment to the Board;
19	113		amending 1 O.S. 2011, Section 38, which relates to
20	114		qualifications for licensure; modifying requirement
21	115		for licensure; defining terms; and providing an
22	116		effective date.
23	117
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27		-	SUBJECT: Abstractors
28	121
29	122		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	123		SECTION 1. AMENDATORY 1 O.S. 2011, Section 22, as last
32	124		amended by Section 12, Chapter 116, O.S.L. 2020 (1 O.S. Supp. 2020,
33	125		Section 22), is amended to read as follows:
34		-
35	126		Section 22. A. There is hereby re -created to continue until
36	127		July 1, 2023, in accordance with the Oklahoma Sunset Law the
37	128		Oklahoma Abstractors Board . Beginning January 1, 2008, the Oklahoma
38	129		Abstractors Board shall have the total responsibility of
39	130		administering and enforcing the Oklahoma Abstractors Act.
40	131
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41	157		B. The Board shall have the power and duty to prescribe,
42	158		promulgate and implement rules as deemed necessary to implement all
43	159		the provisions of the Oklahoma Abstractors Act.
44		-
45	160		C. The Board shall have the power and duty to obtain and secure
46	161		an office in Oklahoma City, and employ, direct, discharge, and
47		-
48		-	ENR. H. B. NO. 2326 Page 2
49	162		define the duties and set the salaries of employees of the Board,
50	163		including an executive director, as are necessary to implement the
51	164		provisions of the Oklahoma Abstractors Act.
52		-
53	165		D. The Board shall consist of nine (9) members who shall be
54	166		appointed by the Governor and confirmed by the Senate:
55		-
56	167		1. Six of the members shall be residents of this state who are
57	168		either a holder of a current valid Certificate of Authority or an
58	169		employee of a holder of a current valid Certificate of Authority for
59	170		not less than five (5) years in a county in the district from which
60	171		the member is appointed prior to appointment. One member shall be
61	172		appointed from each of the following districts:
62		-
63	173		District 1: Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey,
64	174		Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills,
65	175		Texas, Woods, and Woodward Counties.
66		-
67	176		District 2: Beckham, Caddo, Carter, Comanche, Cotton, Garvin,
68	177		Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain,
69	178		Murray, Stephens, Tillman, and Washita Counties.
	179	+	District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.
70	180
71		-	District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.
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72	205
73	206		District 4: Adair, Cherokee, Craig, Delaware, Kay, Mayes,
74	207		Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne,
75	208		Sequoyah, and Washington Counties.
76		-
77	209		District 5: Creek, Lincoln, Rogers, Tulsa, and Wagoner Counties.
78		-
79	210		District 6: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes,
80	211		Johnston, Latimer, LeFlore, McIntosh, Marshall, McCurtain, Okfuskee,
81	212		Pittsburg, Pontotoc, Pottawatomie, Pushmataha, and Seminole
82	213		Counties;
83		-
84	214		2. One member shall be a resident of this state who has been a
85	215		licensed real estate broker in Oklahoma for not less than five (5)
86	216		years;
87		-
88	217		3. One member shall be an attorney who is a resident of this
89	218		state who has been licensed to practice in Oklahoma for not less
90	219		than five (5) years; and
91		-
92	220		4. One member shall be a resident of this state who has b een an
93	221		officer in a bank in Oklahoma for not less than five (5) years.
94		-
95		-	ENR. H. B. NO. 2326 Page 3
96		-
97	222		E. The Governor shall make the initial appointments to the
98	223		Board within ninety (90) days of the effective date of this act:
99		-
100	224		1. The initial appointments for the members of the Board sh all
101	225		be as follows:
102		-
103	226		a. members appointed from Districts 1 and 3 shall serve
104	227		until July 1, 2008,
105		-
106	228		b. members appointed from Districts 2 and 4 shall serve
107	229		until July 1, 2009,
108	230
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109	256		c. members appointed from Districts 5 and 6 shall serve
110	257		until July 1, 2010,
111		-
112	258		d. the real estate broker member shall serve until July
113	259		1, 2010,
114		-
115	260		e. the attorney member shall serve until July 1, 2009,
116	261		and
117		-
118	262		f. the bank officer member shall serve until July 1,
119	263		2010; and
120		-
121	264		2. Thereafter, all members shall serve four -year terms.
122		-
123	265		F. Each member shall hold office until the expiration of the
124	266		term of office for which appointed or until a successor has been
125	267		appointed and confirmed:
126		-
127	268		1. Vacancies on the Board due to death, resignation, or removal
128	269		occurring during a term shall be filled by the Governor for the
129	270		unexpired portion of the term in a manner as provided for regular
130	271		appointments to the Board;
131		-
132	272		2. Members filling the remainder of an unexpired term shall
133	273		assume office immediately upon appointment by the Governor and shall
134	274		serve until confirmation or d enial of confirmation by the Senate;
135	275		and
136		-
137	276		3. A member may be reappointed to the Board, but shall not
138	277		serve more than two consecutive terms. A member that has previously
139	278		served two consecutive terms may be reappointed after the expiration
140	279		of at least one full term.
141	280
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144	306		G. Members of the Board shall receive no salary or compensation
145	307		for service on the Board, but shall be reimbursed for travel
146	308		expenses incurred on behalf of their service on the Board pursuant
147	309		to the State Travel Reimbursement Act.
148		-
149	310		H. Members may be removed from office by the Governor:
150		-
151	311		1. For inefficiency, neglect of duty, or malfeasance in office
152	312		in the manner provided for by law for the removal of officers not
153	313		subject to impeachment;
154		-
155	314		2. For cause which shall include, but not be limited to:
156		-
157	315		a. the member has ceased to be qualified. A member of
158	316		the Board is no longer qualified to serve if that
159	317		member:
160		-
161	318		(1) is a member whose Certificate of Authority,
162	319		license, or permit pursuant to the laws of this
163	320		state has become void or has been revoked or
164	321		suspended, or
165		-
166	322		(2) is a member who has moved from this state,
167		-
168	323		b. the member has been convicted, pled guilty or nolo
169	324		contendere to a felony pursuant to the laws of the
170	325		United States or any jurisdiction,
171		-
172	326		c. the member has become medically incapacitated as
173	327		determined in writing by a medical doctor upon request
174	328		by the Board, or
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176	355		d. the member has been absent from three meetings, or is
177	356		absent for more than one -half (1/2) the number of
178	357		minutes for which a meeting is conducted of three
179	358		meetings as determined by the Boar d during any twelve-
180	359		month period, unless such absence is determined to be
181	360		unavoidable in the opinion of a majority of the
182	361		remaining members;
183		-
184	362		3. Upon being found guilty, through due process, of
185	363		malfeasance, misfeasance or nonfeasance in relation to Board d uties;
186	364		or
187		-
188		-
189		-	ENR. H. B. NO. 2326 Page 5
190	365		4. Upon being found mentally incompetent by a court of
191	366		competent jurisdiction.
192		-
193	367		I. Removal pursuant to the provisions of subsection H of this
194	368		section shall be accomplished in the following manner:
195		-
196	369		1. After a majority vote of the remaining membe rs setting out
197	370		the dates of absences or other grounds for removal and the fact of
198	371		the disqualification of the member, a written notification of the
199	372		said vote shall be sent to the Governor; and
200		-
201	373		2. Upon receipt of the written notification, the Governor,
202	374		after a hearing conducted in accordance with the provisions of the
203	375		Administrative Procedures Act, may remove any member of the Board
204	376		for any of the reasons set out in the notice from the Board or for
205	377		any other reason specified in this act, provided:
206	378
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207	404		a. removal pursuant to the provisions of this subsection
208	405		shall occur upon the Governor filing a written
209	406		statement of findings after the hearing as to the
210	407		reasons and basis for removal of the member with the
211	408		secretary of the Board, and
212		-
213	409		b. the Governor shall appoint another member in the
214	410		manner provided for appointments to the Board.
215		-
216	411		SECTION 2. AMENDATORY 1 O.S. 2011, Section 38, is
217	412		amended to read as follows:
218		-
219	413		Section 38. A. An abstract license shall be issued by the
220	414		Oklahoma Abstractors Bo ard to an applicant who:
221		-
222	415		1. Is eighteen (18) years of age or older;
223		-
224	416		2. Is of good moral character;
225		-
226	417		3. Has not been convicted of or pleaded guilty or nolo
227		-	contendere to a felony or crime of moral turpitude or disqualifying
	418	+	contendere to a felony or crime of moral turpitude disqualifying
228	419		offense that substantially relates to the practice of abstracting or
229	420		poses a reasonable threat to public safety in this state, another
230	421		state, or a federal court; and
231		-
232	422		4. Has passed a test for abstractors required by the Board.
233		-
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236	423		B. Each abstract license shall be valid for one (1) year. The
237	424		Board shall set the fees for an abstract license and for renewal not
238	425		to exceed One Hundred Fifty Dollars ($150.00).
	426	+	C. As used in this section:
239	427
240		-	C. As used in this section:
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241	452
242	453		1. "Poses a reasonable threat" means the nature of criminal
243	454		conduct for which the person was convicted involv ed an act or threat
244	455		of harm against another and has a bearing on the fitness or ability
245	456		to serve the public or work with others in the occupation; and
246		-
247	457		2. "Substantially relates" means the nature of criminal conduct
248	458		for which the person was convicted has a direct bearing on the
249	459		fitness or ability to perform one or more of the duties or
250	460		responsibilities necessarily related to the occupation.
251		-
252	461		SECTION 3. This act shall become effective November 1, 2021.
253		-
254		-
255		-
256		-	ENR. H. B. NO. 2326 Page 7
257		-	Passed the House of Representatives the 4th day of May, 2021.
	462	+	Passed the House of Representatives the 2nd day of March, 2021.
258	463
259	464
260	465
261	466
262	467		Presiding Officer of the House
263	468		of Representatives
264	469
265	470
266		-	Passed the Senate the ~~21st~~ day of ~~April~~, 2021.
	471	+	Passed the Senate the ___ day of __________, 2021.
267	472
268	473
269	474
270	475
271	476		Presiding Officer of the Senate
272	477
273	478
274	479
275		-	OFFICE OF THE GOVERNOR
276		-	Received by the Office of the Governor this ____________________
277		-	day of ___________________, 20_______, at _______ o'clock _______ M.
278		-	By: _________________________________
279		-	Approved by the Governor of the State of Oklahoma this _________
280		-	day of ___________________, 20_______, at _______ o'clock _______ M.
281		-
282		-
283		-	_________________________________
284		-	Governor of the State of Oklahoma
285		-
286		-	OFFICE OF THE SECRETARY OF STATE
287		-	Received by the Office of the Secretary of State this __________
288		-	day of ___________________, 20_______, at _______ o'clock _______ M.
289		-	By: _________________________________