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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1609 By: Treat
AS INTRODUCED
An Act relating to title to real property; amending 1
O.S. 2021, Section 26, which relates to the Oklahoma
Abstractors Board Revolving Fund; sunsetting certain
fund; reallocating remaining monies; amending 19 O.S.
2021, Section 245, which relates to duties as to
audited accounts; providing fo r certain access;
disallowing certain charge or co st; permitting
certain removal of records for specified time;
providing certain definition; allowing certain
refusal; requiring written notice upon refusal;
requiring immediate access for certain p urpose;
prohibiting certain sale; amending 36 O.S. 2021,
Section 5001, which relates to certificates of
authority; eliminating certain requirement; removing
certain examination requirement; amending 36 O.S.
2021, Section 5003, which relates to addi tional
powers of title insurers; requiring charges stated in
certain manner; amending 36 O.S. 2021, Section 5004,
which relates to definitions; providing definitions;
repealing 1 O.S. 2021, Sections 20, 21, 22, 23, 24,
25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
39, 40, 41, and 43, which relate to short title,
definitions, repeated violations, Oklahoma
Abstractors Board, Abstractors Board meetings,
administration of Oklahoma Abstractors Act, powers
and duties of Abstractors Board, application for
certificate of authority , independent set of abstract
books, persons, firms, corporations not engaged in
abstracting, issuance and renewal of certificate of
authority, current abstract pla nt required, abstracts
and other documents to be provided without delay,
temporary certificate of authority to another,
development of abstract plant, censure, suspension,
revocation, continuance, renewal, or refusal to issue
certificate of authority or per mit, rights and
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responsibilities of abstractors, certain employees
required to hold abstract licenses, qualifications
for issuance of license, supervision of licensees,
censure, revocation or suspension of abstract
license, unlawful business inducements, a nd real
property purchaser; repealing 1 O.S. 2021, Se ction
42, which relates to limitations of actions; updating
statutory language; stating certain severability
provision; and providing effective dates.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 1 O.S. 2021, Section 26, is
amended to read as follows:
Section 26. A. There is hereby created in the State Tr easury a
revolving fund for the Oklahoma Abstractors Board to be designated
the “Oklahoma Abstractors Board Revolv ing Fund”. Beginning July 1,
2007, any monies collected pursuant to the Oklahoma Abstractors Law
shall be deposited into the Oklahoma Abstrac tors Board Revolving
Fund. Beginning January 1, 2008, any monies collected pursuant to
the Oklahoma Abstractors A ct shall be deposited into the Oklahoma
Abstractors Board Revolving Fund. The fund shall be a continui ng
fund, not subject to fiscal year lim itations, and shall consist of
all monies received by the Oklahoma Abstractors Board from any
transfers, fees, bon ds, penalties or fines paid to the Board
pursuant to the Oklahoma Abstractors Act. All monies accruing to
the credit of said the fund are hereby appropriated and may be
budgeted and expended by the Oklahoma Abstractors Board for the
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purpose of effectuating th e purposes of the Oklahoma Abstractors Act
and to pay all costs and expenses heretofore and hereaft er incurred
in connection therewith. Expen ditures from said the fund shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. Upon the effective date of this act, the Oklahoma
Abstractors Board Revolving Fund created in subsection A of this
section shall be sunset and any un encumbered funds and monies
remaining in the Oklahoma Abstractors Board Revolving Fund shall be
reallocated to the General Revenue Fund.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 245, is
amended to read as follows:
Section 245. A. It shall be the duty of the county clerk to
designate upon every account, which shall be audited and allowed by
the board, the amount so allowed, and the clerk shall deliver to any
person a copy certified or otherwise of any record in the clerk ’s
office and any account on file thereon, upon receiving the fee
allowed pursuant to the Oklahoma O pen Records Act or the coun ty
clerk fee schedule, Section 32 of Title 28 of the Oklahoma Statutes,
for every page contained in the copy. Upon demand, the clerk shall
furnish a certified copy in the form as it exists and at the
preference of the requestor as provided by the Oklahoma Open Records
Act or the county clerk fee schedule.
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B. If the clerk provides records in an electronic format, the
clerk may charge a reasonable fee for providing such records. For
purposes of this section, “reasonable fee” shall mean the fee
charged by the clerk shall not exceed twenty-five cents ($0.25) per
image or fifteen cents ($0.15) per image for providing more than
three thousand five hundred (3,500) images in an electronic format.
All recording devices for providing rec ords in an electronic forma t
shall be supplied by the county clerk. News media obtaining records
in an electronic format for a news purpose and licensed abstractors
performing their duties pursuant to state law shall be exempt from
the fees provided for i n this subsection. Nothing in this section
shall be construed to allow county clerks to provide all or part of
a tract index for use in any commercial purpose.
C. Holders of title producer licenses and their agent or agents
who access records for the pur pose of creating or maintain ing an
abstract plant shall:
1. Be granted access to non -digital records without charge for
the limited purpose of creating or maintaining an abstract plant ;
provided, the records provided shall be converted into a digital
format and a digital copy shall be transferred to the county clerk
without charge or cost to the county;
2. Upon filing an approved bond with the county clerk, be
allowed to take records outside of the office of the distri ct court
clerk for a period of time not to exceed twenty-four (24) hours
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after first giving proper receipt to the appropriate clerk or
deputy;
3. Have the right of access to any instrument filed of record
in a county office, not later than the close of bu siness of the
first business day following the day of filing. There shall be no
fee charged for providing access to the instrument. For purposes of
this section, “access” means possession of the instrument to
mechanically reproduce it, either in the off ice or out of the office
of filing, at the discretion of the county officer having custo dy of
the instrument. Reproduction of the instrument shall be completed
not later than the close of business of the first business day
following the day of receipt of the document; and
4. Return any files removed from the county office within the
twenty-four-hour period; provided, should the holder of the title
producer license and/or their agent fail to return the files timely,
the county officer may refuse to al low the holder of the title
producer license and/or their agent to remove the files at a later
date. Any county officer making such refusal shall send written
notice of such action to the Insurance Commissioner.
D. Access to instruments of reco rd pursuant to this section
shall be for immediate an d lawful abstract plant creation and
maintenance purposes only. The sale of the instruments of record
for profit to the general public, either on the Internet or any
other such forum, by any holder of t he title producer license and/or
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their agent is prohi bited. Nothing herein shall prohibit a holder
of the title producer license and/or their agent from selling or
leasing their records to another holder of the title producer
license and their agent for t he purpose of performing tit le searches
or creating an abstract for use in title insurance policies, cr eated
pursuant to the provisions of Section 5001 et. seq. of Title 36 of
the Oklahoma Statutes.
SECTION 3. AMENDATORY 36 O.S. 2 021, Section 5001, is
amended to read as follows:
Section 5001. A. Any foreign or domestic stock insu rer
authorized by its corporate charter to engage in bus iness as a title
insurer shall be entitled to the issuance of a certificate of
authority as a title insurer in this state upon me eting the
applicable requirements of Article 6, Authorization of Insure rs and
General Requirements, of the Oklahoma Insurance C ode, except that
existing title insurers may have their certificate of authority
renewed by maintaining surplus in regard to poli cyholders of not
less than Five Hundred Thousand Dollars ($500,000.00).
B. A person engaged in the business of preparing or is suing
abstracts of, but not guaranteeing or insuring, title to property,
or a person acting only as a title insurance producer ap pointed by a
title insurer, shall not be deemed to be a title insurer.
C. Every commitment and policy of title insurance issue d by any
insurance company authorized to do business in this state shall not
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be required to be countersigned by some person, part nership,
corporation or agency actively engaged in the real estate titl e
business and maintaining an office in the state, who i s a duly
appointed a title insurance producer for a title insurance company
holding a valid license and authorized to do business in the state;
provided, that no commitment or policy of title insuranc e shall be
issued in the State of Oklahoma except:
1. After examination by an attor ney licensed to practice in
this state of a duly certified abstract extension or supplemental
abstract prepared by an abst ractor licensed in the county where the
property is located, from a certified abstract plant in the county
where the property is locat ed or per a temporary certificate of
authority as provided in Section 33 of Title 1 of the Oklahoma
Statutes, from the eff ective date of a prior owner ’s policy of title
insurance issued by a title insurer licensed in this state provided
by the insured, the prior title insurance producer or the prior
title insurer, at the time a valid order is placed pursu ant to the
provisions of the Oklahoma Abstractors Law brought forward t o the
effective date of the abstract plant. Subject to the conditions and
stipulations, the exclusions from coverage, exceptions from coverage
and endorsements to the policy, any polic y issued based on a p rior
owner’s policy and a supplemental abstract sh all insure the insured
against loss or damage sustained or incurred by reason of
unmarketability of title from sovereignty to the effective date of
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the policy, not to exceed the amount of insurance stated i n the
policy; or
2. If a prior owner ’s policy of title insurance is not
provided, then a title insurance commitment and policy may be issued
after examination by an attorney licensed to practice in this state
of a duly certified abstr act of title prepared by a bonded and
licensed abstractor as defined in the Oklahoma Abstractors Law .
D. If the current owner or insured, or the owner’s or insured’s
authorized agent requests, in writing, a copy of any previously
issued owner’s policy, the title insurance pro ducer or the title
insurer that issued the policy shall provide the requesting party
with a copy of the sc hedules in the previously is sued policy within
five (5) business days, unless there exists an unavoidable delay.
E. As used in this section, the term “representative” shall
mean a person authorized t o act on behalf of or in place of another
in the current transaction.
F. Every title insurance producer, title insurer or person who
conducts a real estate closing that presents, for f iling in the
office of the county clerk, an instrument of conveyance or vesting
title in connection with a transaction in which an owner’s policy of
title insurance is to be issued by a title insurance producer or
title insurer that is based upon such inst rument shall place a
legend within the instrument that sets forth the f ollowing
information:
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Deed presented for filing by: [Name of title insurance
producer, title insurer or person conducting closing]
File Number: [File Number of title insurance producer, title
insurer or person conducting closing]
[Name of Title Insurer des ignated in the Commitment for Title
Insurance]
G. F. The Insurance Department shall maintain, for each title
insurance producer or title insurer holding a valid license and
authorized to do business in the state, contact information for the
office or person responsible for making available copies of owner ’s
policies pursuant to this statu te and shall make such contact
information generally available to the public on its website and by
telephone request.
H. G. The Insurance Commissioner may promulgate rule s and
regulations to carry out the provisions of this section.
SECTION 4. AMENDATORY 36 O.S. 2021, Section 5003, is
amended to read as follows:
Section 5003. A. A title insurer may engage in such other
business not inconsistent with the business of issuing title
insurance policies as may be authorized by its corporate charter.
B. All charges for title searches, abstracts, abstract
extensions, supplemental abstr acts, or final title reports shall be
separately stated and shall not be combined with title insurance,
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closing fees, or examination charges, and any other charges therefor
shall be unlawful.
SECTION 5. AMENDATORY 36 O.S. 2021, Sec tion 5004, is
amended to read as follows:
Section 5004. As used in this title:
A. 1. “Abstract of title” shall mean a compilation in orderly
arrangement of the materials and facts of record, in the office of
the county clerk and court cler k, affecting the title to a specific
tract of land issued pursuant to a certificate certifying to the
matters therein contained;
2. “Abstract plant” shall mean a set of records in which an
entry has been made of all documents and matters which legally
impart constructive notice of matters affecting title to real
property, any interest t herein, or encumbrances thereon, which are
filed, recorded, and currently available for reproduction in the
offices of the county clerk and the court clerk in the county for
which such abstract plant is maintained. Such records shall consist
of:
a. an index in which notations of or references to any
documents that describe the property affected are
included, according to the property described or in
which copies or briefs of al l such documents that
describe the property affected are sorted and filed
according to the property described, which is compiled
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from the instruments of record affecting real property
in the county offices and not copied or reproduced
from any county index , and
b. an index or files in which all other documents,
pending suits affecting real property and liens,
except ad valorem ta xes and special assessments, are
posted, entered, or otherwise included, according to
the name of the parties whose title to rea l property
or any interest therein or encumbrances thereon is
affected, which is c ompiled from the instruments of
record affecting real property in the county offices
and not copied from any county index;
3. A “title “Title insurance policy” is shall mean any written
instrument purporting to show the title to real or personal property
or any interest therein or encumbrance thereon, or to furnish such
information relative to real property, which written instrument in
express terms purports to insure or guarantee such title or the
correctness of such information .; and
B. 4. An “aircraft “Aircraft title insurance policy ” is shall
mean any written instrument purporting to show title to aircraft or
any interest therein or encumbrance thereon, which written
instrument in express terms protects an aircraft owner or lender
against loss of the a ircraft or priority security position in the
event of a successful adverse claim on the title to an aircraft.
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SECTION 6. REPEALER 1 O.S. 2021, Sections 20, 21, 22,
23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40,
41, and 43, are hereby repealed.
SECTION 7. REPEALER 1 O.S. 2021, Section 42, is hereby
repealed.
SECTION 8. The provisions of this act are severable and if any
part or provision shall be held void the decision of the court so
holding shall not affect or i mpair any of the remaining parts or
provisions of this act.
SECTION 9. Sections 1 through 5 of this act shall become
effective November 1 , 2022. Section 6 of this act shall become
effective November 1, 2027.
58-2-2755 BG 1/20/2022 2:16:42 PM