Oklahoma 2025 Regular Session

Oklahoma House Bill HB1883 Latest Draft

Bill / Introduced Version Filed 01/16/2025

                             
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 1883 	By: May 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to professions and occupations; 
amending 59 O.S. 2021, Section 2095.6, as amended by 
Section 4, Chapter 218, O.S.L. 2024 (59 O.S. Supp. 
2024, Section 2095.6), which relates to mortgage 
lender licensing and registration; modifying the 
annual fee for mortgage broker licenses; and 
providing an effective date. 
 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     59 O.S. 2021, Section 2095.6, as 
amended by Section 4, Chapter 218, O.S.L. 2024 (59 O.S. Supp. 2024, 
Section 2095.6), is amended to read as follows: 
Section 2095.6.  A.  Applicants for a license shall apply on a 
form as prescribed by the Administrator of Consumer Credit. 
B.  In order to fulfill the purposes of the Oklahoma Secure and 
Fair Enforcement for Mortgage Licensing Act, the Administrator is 
authorized to establish relationships or contracts with the 
Nationwide Multistate Licensing System and Registry or other 
entities designated by the Nationwide Multistate Licensing System   
 
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and Registry to collect and maintain records and process transaction 
fees or other fees related to licensees or other entities or 
individuals subject to the Oklahoma Secure and Fair Enforcement for 
Mortgage Licensing Act. 
C.  In connection with an application for licensing as a 
mortgage loan originator, the applicant shall, at a minimum, furnish 
to the Nationwide Multistate Licensing Syst em and Registry 
information concerning the applicant 's identity including: 
1.  Fingerprints for submission to the Federal Bureau of 
Investigation and any governmental agency or entity authorized to 
receive such information for a state, national and interna tional 
criminal history background check; and 
2.  Personal history and experience in a form prescribed by the 
Nationwide Multistate Licensing System and Registry and the 
Administrator to obtain: 
a. an independent credit report obtained from a consumer 
reporting agency defined in 15 U.S.C., Section 
1681a(p), and 
b. information related to any administrative, civil or 
criminal findings by any governmental jurisdiction. 
D.  In connection with an application for licensing as a 
mortgage broker or mortgage lender, the applicant shall, at a 
minimum, furnish to the Nationwide Multistate Licensing System and   
 
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Registry information concerning each owner, officer, director or 
partner, as applicable including: 
1.  Fingerprints for submission to the Federal Bureau of 
Investigation and any governmental agency or entity authorized to 
receive such information for a state, national and international 
criminal history background check; and 
2.  Personal history and experience in a form prescribed by the 
Nationwide Multistate Licens ing System and Registry and the 
Administrator to obtain: 
a. an independent credit report obtained from a consumer 
reporting agency described in 15 U.S.C., Section 
1681a(p), and 
b. information related to any administrative, civil or 
criminal findings by any governmental jurisdiction. 
E.  For purposes of this section and in order to r educe points 
of contact which the Federal Bureau of Investigation may have to 
maintain for purposes of paragraph 1 and subparagraph b of paragraph 
2 of subsection D of this secti on, the Administrator may use the 
Nationwide Multistate Licensing System and Registry as a channeling 
agent for requesting information from and distributing information 
to the United States Department of Justice or any governmental 
agency. 
F.  For the purposes of this section and in order to reduce the 
points of contact which the Ad ministrator may have to maintain for   
 
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purposes of subparagraphs a and b of paragraph 2 of subsection D of 
this section, the Administrator may use the Nationwide Multistate 
Licensing System and Registry as a channeling agent for requesting 
and distributing information to and from any source so directed by 
the Administrator. 
G.  A license issued under the Oklahoma Secure and Fair 
Enforcement for Mortgage Licensing Act shall be valid for a period 
of one (1) year, unless otherwise revoked or suspended by the 
Administrator as provided in the Oklahoma Secure and Fair 
Enforcement for Mortgage Licensing Act. 
H.  The Administrator, on determining that the applicant is 
qualified and upon paym ent of the fees by the applicant, shall issue 
a license to the applicant.  An applicant who has been denied a 
license may not reapply for the license for sixty (60) days from the 
date of the previous application.  A new license issued on or after 
November 1 shall be effective through December 31 of the following 
calendar year. 
I.  A licensee shall pay the renewal fee on or before December 
1.  If the license is not renewed by December 1, the licensee shall 
pay a late renewal fee as prescribed by rule of the Commission on 
Consumer Credit.  Licenses not renewed by December 31 shall expire 
and the licensee shall not act as a mortgage broker, mortgage lender 
or mortgage loan originator until a new license is issued pursuant 
to the Oklahoma Secure and Fair Enforce ment for Mortgage Licensing   
 
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Act.  A license shall not be granted to the holder of an expired 
license except as provided in the Oklahoma Secure and Fair 
Enforcement for Mortgage Licensing Act for the issuance of an 
original license. 
J.  A licensee shall pro minently display the mortgage broker, 
mortgage lender or mortgage loan originator license in the principal 
place of business of the mortgage broker, mortgage lender or 
mortgage loan originator and any branch office of the mortgage 
broker or mortgage lender . 
K.  1.  An applicant for a mortgage broker or mortgage lender 
license shall pay a fee of One Thousand Two Hundred Dollars 
($1,200.00).  This fee shall cover the application fee and 
examination fee for all registered locations, including any changes 
of address. 
2.  Mortgage broker or mortgage lender licenses may be renewed 
by submitting an annual assessment fee of One Thousand Dollars 
($1,000.00).  Mortgage lender licenses may be renewed by submitting 
an annual assessment fee . The annual assessment fee sh all: 
a. be based on the dollar volume of loans originated for 
residential real property located in Oklahoma during 
the twelve-month period ending June 30, 
b. be based on the dollar volume of loans serviced for 
residential real property located in Oklahoma as   
 
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reported on the Q2 mortgage call report for the period 
ending on June 30, 
c. be determined by applying a factor of eight -
thousandths of a percent (0.008%) of the dollar volume 
of loans originated and the dollar volume of loans 
serviced in Oklahoma, and 
d. cover: 
(1) the renewal fee for the principal office and any 
branches, and 
(2) any examination-related costs incurred by the 
Department of Consumer Credit. 
3.  Beginning November 1, 2024, the annual assessment fee shall 
not be: 
a. less than One Thousand Dollars ($1,000.00), 
b. more than Forty Thousand Dollars ($40,000.00) for the 
portion of the assessment calculated according to 
subparagraph a of paragraph 2 of this subsection, nor 
c. more than Seventeen Thousand Five Hundred Dollars 
($17,500.00) for the portion of the assessment 
calculated according to subparagraph b of paragraph 2 
of this subsection. 
4.  Beginning November 1, 2025, the annual assessment fee shall 
not be: 
a. less than One Thousand Dollars ($1,000.00),   
 
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b. more than Forty Thousand Dollars ( $40,000.00) for the 
portion of the assessment calculated according to 
subparagraph a of paragraph 2 of this subsection, nor 
c. more than Twenty-seven Thousand Five Hundred Dollars 
($27,500.00) for the portion of the assessment 
calculated according to subpa ragraph b of paragraph 2 
of this subsection. 
5.  Beginning November 1, 2026, t he annual assessment fee shall 
not be: 
a. less than One Thousand Dollars ($1,000.00), 
b. more than Forty Thousand Dollars ($40,000.00) for the 
portion of the assessment calculate d according to 
subparagraph a of paragraph 2 of this subsection, nor 
c. more than Thirty-five Thousand Dollars ($35,000.00) 
for the portion of the assessment calculated according 
to subparagraph b of paragraph 2 of this subsection. 
6.  Beginning November 1 , 2027, the annual assessment fee shall 
not be: 
a. less than One Thousand Doll ars ($1,000.00), 
b. more than Forty Thousand Dollars ($40,000.00) for the 
portion of the assessment calculated according to 
subparagraph a of paragraph 2 of this subsection, nor   
 
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c. more than Forty Thousand Dollars ($40,000.00) for the 
portion of the assessment calculated according to 
subparagraph b of paragraph 2 of this subsection. 
7.  A late renewal fee shall be as prescribed by rule of the 
Commission on Consumer Credit. 
8.  Branch offices shall be registered with the Department and 
shall be accompanied b y an initial registration fee of One Hundred 
Fifty Dollars ($150.00). 
9.  A fee as prescribed by rule of the Commission on Consumer 
Credit shall be charged for each license chang e, duplicate license 
or returned check. 
10.  A fee as prescribed by rule of the Commission on Consumer 
Credit shall be paid by applicants and licensees into the Oklahoma 
Mortgage Broker and Mortgage Loan Originator Recovery Fund as 
provided for in Section 2095.20 of this title for each initial 
application and each renewal applicatio n. 
11.  Each additional trade name used by a licensee shall be 
registered with the Department and shall be accompanied by an 
initial registration fee of One Hundred Fifty Dollars ($150.00). 
12.  The Administrator of Consumer Credit may reinstate a 
license within thirty -one (31) days of the expiration of the license 
if the licensee pays the assessment fees and a reinstatement fee of 
Five Hundred Dollars ($500.00).  A licensee shall not be reinstated 
when the renewal application, fees, or any required informa tion is   
 
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received on or after February 1 of the following year that the 
renewal application was due. 
13.  The Administrator may reduce annual assessment fees on a 
pro rata basis for a specific renewal period by reducing the factor 
applied to the dollar volume of loans originated and serviced.  The 
Administrator shall notify licensees of an annual assessment fee 
reduction prior to November 1 of the specific license renewal 
period.  An annual assessment fee does not include an initial 
license fee for purposes of this subsection. 
L.  1.  An applicant for an initial mortgage loan originator 
license shall pay a fee of Four Hundred Fifty Dollars ($450.00). 
2.  An applicant renewing a mort gage loan originator license 
shall pay a fee of Two Hundred Fifty Dollars ($250.00). 
3.  A late renewal fee shall be as prescribed by rule of the 
Commission on Consumer Credit. 
4.  A fee as prescribed by rule of the Commission shall be paid 
by applicants and licensees into the Oklahoma Mortgage Broker and 
Mortgage Loan Originator Re covery Fund, as provided in Section 
2095.20 of this title, for each initial application and each renewal 
application. 
SECTION 2.  This act shall become effective November 1, 2025. 
 
60-1-12182 TKR 01/14/25