OK
Oklahoma House Bill HB2500

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2500 Compare Versions

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334 BILL NO. 2500 By: Culver of the House
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536 and
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738 David of the Senate
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1443 An Act relating to abstractors; amending 1 O.S. 2011,
1544 Section 22, as last amended by Section 12, Chapter
1645 116, O.S.L. 2020 (1 O.S. Supp. 2020, Section 22),
1746 which relates to the Oklahoma Abstractors Board;
1847 modifying qualifications to serve on Board ; and
1948 providing an effective date.
2049
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22-SUBJECT: Abstractors
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2453 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2654 SECTION 1. AMENDATORY 1 O.S. 2011, Section 22, as la st
2755 amended by Section 12, Chapter 116, O.S.L. 2020 (1 O.S. Supp. 2020,
2856 Section 22), is amended to read as follows:
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3057 Section 22. A. There is hereby re -created to continue until
3158 July 1, 2023, in accordance wi th the Oklahoma Sunset Law the
3259 Oklahoma Abstractors Board. Beginning January 1, 2008, the Oklahoma
3360 Abstractors Board shall have the total responsibility of
3461 administering and enforcing the Oklahoma Abstractors Act.
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3662 B. The Board shall have the power and du ty to prescribe,
3763 promulgate and implement rules a s deemed necessary to implement all
3864 the provisions of the Oklahoma Abstractors Act.
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4092 C. The Board shall have the power and duty to obtain and secure
4193 an office in Oklahoma City, and employ, direct, discharge, and
4294 define the duties and set the salaries of em ployees of the Board,
4395 including an executive director, as are necessary to implement the
4496 provisions of the Oklahoma Abstractors Act.
45- ENR. H. B. NO. 2500 Page 2
4697 D. The Board shall consist of nine (9) members who shall be
4798 appointed by the Governor and confirmed by the Senate:
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4999 1. Six of the members shall be residents of this state who are
50100 either a holder of a current valid Certificate of Authority or an
51101 employee of a holder of a current valid Certificate of Authority who
52102 is a licensed abstractor and who has held the Oklahoma a bstract
53103 license for not less than five (5) years in a county in the district
54104 from which the member is appointed prior to appointment. One member
55105 shall be appointed from each of the following districts:
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57106 District 1: Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey,
58107 Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills,
59108 Texas, Woods, and Woodward Counties.
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61109 District 2: Beckham, Caddo, Carter, Comanche, Cotton, Garvin,
62110 Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain,
63111 Murray, Stephens, Tillman, and Washita Counties.
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65112 District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.
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67113 District 4: Adair, Cherokee, Craig, Delaware, Kay, Mayes,
68114 Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne,
69115 Sequoyah, and Washington Counties.
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71143 District 5: Creek, Lincoln, Rogers, Tulsa, and Wagoner Counties.
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73144 District 6: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes,
74145 Johnston, Latimer, Leflore, McIntosh, Marshall, McCurtain, Okfuskee,
75146 Pittsburg, Pontotoc, Pottawatomie, Pushmataha, and Seminole
76147 Counties;
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78148 2. One member shall be a resident of this state who has been a
79149 licensed real estate broker in Oklahoma for not less than five (5)
80150 years;
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82151 3. One member shall be an attorney who is a resident of this
83152 state who has been licensed to practice in Oklahoma for not less
84153 than five (5) years; and
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86154 4. One member shall be a resident of this state who has been an
87155 officer in a bank in Oklahoma for not less than five (5) years.
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89156 E. The Governor shall make the initial appointments to the
90-Board within ninety (90) days of the effective date of this act: ENR. H. B. NO. 2500 Page 3
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157+Board within ninety (90) days of the effe ctive date of this act:
92158 1. The initial appointments for the members of the Board shall
93159 be as follows:
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95160 a. members appointed from Districts 1 and 3 shall serve
96161 until July 1, 2008,
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98162 b. members appointed from Di stricts 2 and 4 shall serve
99163 until July 1, 2009,
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101164 c. members appointed from Districts 5 and 6 shall serve
102165 until July 1, 2010,
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104193 d. the real estate broker member shall serve until July
105194 1, 2010,
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107195 e. the attorney member shall serve until July 1, 2009,
108196 and
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110197 f. the bank officer member shall serve until July 1,
111198 2010; and
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113199 2. Thereafter, all members shall serve four -year terms.
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115200 F. Each member shall hold office until the expiration of the
116201 term of office for which appointed or until a successor has been
117202 appointed and confirmed:
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119203 1. Vacancies on the Board due to death, resignation, or removal
120204 occurring during a term shall be filled by the Governor for the
121205 unexpired portion of the term in a manner as provided for regular
122206 appointments to the Board;
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124207 2. Members filling the re mainder of an unexpired term shall
125208 assume office immediately upon appointment by the Governor and shall
126209 serve until confirmation or denial of confirmation by the Senate;
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129211 3. A member may be reappointed to the Board, but shall not
130212 serve more than two te rms.
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132213 G. Members of the Board shall receive no sa lary or compensation
133214 for service on the Board, but shall be reimbursed for travel
134215 expenses incurred on behalf of their service on the Board pursuant
135-to the State Travel Reimbursement Act. ENR. H. B. NO. 2500 Page 4
216+to the State Travel Reimbursement Act.
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136243
137244 H. Members may be removed from office by the Governor:
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139245 1. For inefficiency, neglect of duty, or malfeasance in office
140246 in the manner provided for by law for the removal of officers not
141247 subject to impeachment;
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143248 2. For cause which shall include, but not be limited to:
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145249 a. the member has ceased to be qualified. A member of
146250 the Board is no longer qualified to serve if that
147251 member:
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149252 (1) is a member whose Certificate of Authority,
150253 license, or permit pursuant to the laws of this
151254 state has become void or has been revoked or
152255 suspended, or
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154256 (2) is a member who has moved from this stat e,
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156257 b. the member has been convicted, pled guilty or nolo
157258 contendere to a felony pursuant to the laws of the
158259 United States or any jurisdiction,
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160260 c. the member has become medically incapacitated as
161261 determined in writing by a medical doctor upon request
162262 by the Board, or
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164263 d. the member has been absent from three meetings, or is
165264 absent for more than one -half (1/2) the number of
166265 minutes for which a meeting is conducted of three
167266 meetings as determined by the Board dur ing any twelve-
168267 month period, unless such absence is determined to be
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169295 unavoidable in the opinion of a majority of the
170296 remaining members;
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172297 3. Upon being found guilty, through due process, of
173298 malfeasance, misfeasance or nonfeasance in relation to Board duties ;
174299 or
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176300 4. Upon being found mentally incompetent by a court of
177301 competent jurisdiction.
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179302 I. Removal pursuant to the provisions of subsection H of this
180-section shall be accomplished in the following manner: ENR. H. B. NO. 2500 Page 5
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303+section shall be accomplished in the following manner:
182304 1. After a majority vote of the remaining members se tting out
183305 the dates of absences or other grounds for removal and the fact of
184306 the disqualification of the member, a written notification of the
185307 said vote shall be sent to the Governor; and
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187308 2. Upon receipt of the written notification, the Governor,
188309 after a hearing conducted in accordance with the provisio ns of the
189310 Administrative Procedures Act, may remove any member of the Board
190311 for any of the reasons set out in the notice from the Board or for
191312 any other reason specified in this act, provided:
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193313 a. removal pursuant to the provisions of this subsection
194314 shall occur upon the Governor filing a written
195315 statement of findings after the hearing as to the
196316 reasons and basis for removal of the member with the
197317 secretary of the Board, and
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199345 b. the Governor shall appoint anoth er member in the
200346 manner provided for appointments to the Board.
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202347 SECTION 2. This act shall become effective November 1, 2021.
203- ENR. H. B. NO. 2500 Page 6
204-Passed the House of Representatives the 9th day of March, 2021.
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209- Presiding Officer of the H ouse
210- of Representatives
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213-Passed the Senate the 14th day of April, 2021.
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218- Presiding Officer of the Senate
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221-OFFICE OF THE GOVERNOR
222-Received by the Office of the Governor this ____________________
223-day of ___________________, 20_______, at _______ o'c lock _______ M.
224-By: _________________________________
225-Approved by the Governor of the State of Oklahoma this _________
226-day of ___________________, 20_______, at _______ o'clock _______ M.
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228-
229- _________________________________
230- Governor of the State of Oklah oma
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232-OFFICE OF THE SECRETARY OF STATE
233-Received by the Office of the Secretary of State this __________
234-day of ___________________, 20_______, at _______ o'clock _______ M.
235-By: _________________________________
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348+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
349+March 30, 2021 - DO PASS