Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB2500 Engrossed / Bill

Filed 03/10/2021

                     
 
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ENGROSSED HOUSE 
BILL NO. 2500 	By: Culver of the House   
 
  and 
 
  David of the Senate  
 
 
 
 
 
 
An Act relating to abstractors; amending 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), 
which relates to the Oklahoma Abstractors Board; 
modifying qualifications to serve on Board ; 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 la st 
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. 
B.  The Board shall have the power and duty to prescribe, 
promulgate and implement rules a s deemed necessary to implement all 
the provisions of the Oklahoma Abstractors Act.   
 
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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 em ployees of the Board, 
including an executive director, 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 who are 
either a holder of a current valid Certificate of Authority or an 
employee of a holder of a current valid Certificate of Authority who 
is a licensed abstractor and who has held the Oklahoma a bstract 
license 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. 
District 4: Adair, Cherokee, Craig, Delaware, Kay, Mayes, 
Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne, 
Sequoyah, and Washington Counties.   
 
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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 not less than five (5) years. 
E.  The Governor shall make the initial appointments to the 
Board within ninety (90) days of the effe ctive date of this act: 
1.  The initial appointments for the members of the Board shall 
be as follows: 
a. members appointed from Districts 1 and 3 shall serve 
until July 1, 2008, 
b. members appointed from Districts 2 and 4 shall serve 
until July 1, 2009, 
c. members appointed from Districts 5 and 6 shall serve 
until July 1, 2010,   
 
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d. the real estate broker member shall serve until July 
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 manner 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 terms. 
G.  Members of the Board shall receive no sa lary 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.   
 
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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 from this stat e, 
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 request 
by the Board, or 
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 such absence is determined to be   
 
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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 incompetent 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 other 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 the provisio ns 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: 
a. removal pursuant to the provisions of this subsection 
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   
 
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b. the Governor shall appoint another member in the 
manner provided for appointments to the Board. 
SECTION 2.  This act shall become effective November 1, 2021. 
Passed the House of Representatives the 9th day of March, 2021. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the ___ day of _______ ___, 2021. 
 
 
 
  
 	Presiding Officer of the Senate