1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 160 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to abstractors; amending 1 O.S. 2021,
7 Section 22, which relates to the Oklahoma Abstractors
8 Board; extending sunset date; updating statutory
8 language; updating statutory reference; providing an
9 effective date; and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 1 O.S. 2021, Section 22, is
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14 amended to read as follows:
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15 Section 22. A. There is hereby re-created to continue until
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16 July 1, 2023 July 1, 2025, in accordance with the Oklahoma Sunset
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17 Law, the Oklahoma Abstractors Board. Beginning January 1, 2008, the
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18 Oklahoma Abstractors Board shall have the total responsibility of
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19 administering and enforcing the Oklahoma Abstractors Act.
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20 B. The Board shall have the power and duty to prescribe,
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21 promulgate and implement rules as deemed necessary to implement all
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22 the provisions of the Oklahoma Abstractors Act.
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23 C. The Board shall have the power and duty to obtain and secure
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24 an office in Oklahoma City, and employ, direct, discharge, and
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 1 define the duties and set the salaries of employees of the Board,
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2 including an executive director, as are necessary to implement the
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3 provisions of the Oklahoma Abstractors Act.
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4 D. The Board shall consist of nine (9) members who shall be
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5 appointed by the Governor and confirmed by the Senate:
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6 1. Six of the members shall be residents of this state who are
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7 either a holder of a current valid Certificate of Authority or an
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8 employee of a holder of a current valid Certificate of Authority for
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9 not less than five (5) years in a county in the district from which
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10 the member is appointed prior to appointment. One member shall be
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11 appointed from each of the following districts:
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12 District 1: Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey,
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13 Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills,
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14 Texas, Woods, and Woodward Counties.
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15 District 2: Beckham, Caddo, Carter, Comanche, Cotton, Garvin,
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16 Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain,
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17 Murray, Stephens, Tillman, and Washita Counties.
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18 District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.
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19 District 4: Adair, Cherokee, Craig, Delaware, Kay, Mayes,
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20 Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne,
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21 Sequoyah, and Washington Counties.
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22 District 5: Creek, Lincoln, Rogers, Tulsa, and Wagoner Counties.
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23 District 6: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes,
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24 Johnston, Latimer, LeFlore Le Flore, McIntosh, Marshall, McCurtain,
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 1 Okfuskee, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, and
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2 Seminole Counties;
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3 2. One member shall be a resident of this state who has been a
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4 licensed real estate broker in Oklahoma for not less than five (5)
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5 years;
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6 3. One member shall be an attorney who is a resident of this
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7 state who has been licensed to practice in Oklahoma for not less
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8 than five (5) years; and
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9 4. One member shall be a resident of this state who has been an
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10 officer in a bank in Oklahoma for not less than five (5) years.
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11 E. The Governor shall make the initial appointments to the
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12 Board within ninety (90) days of the effective date of this act July
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13 1, 2007:
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14 1. The initial appointments for the members of the Board shall
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15 be as follows:
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16 a. members appointed from Districts 1 and 3 shall serve
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17 until July 1, 2008,
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18 b. members appointed from Districts 2 and 4 shall serve
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19 until July 1, 2009,
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20 c. members appointed from Districts 5 and 6 shall serve
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21 until July 1, 2010,
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22 d. the real estate broker member shall serve until July
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23 1, 2010,
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 1 e. the attorney member shall serve until July 1, 2009,
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2 and
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3 f. the bank officer member shall serve until July 1,
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4 2010; and
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5 2. Thereafter, all members shall serve four-year terms.
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6 F. Each member shall hold office until the expiration of the
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7 term of office for which appointed or until a successor has been
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8 appointed and confirmed:
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9 1. Vacancies on the Board due to death, resignation, or removal
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10 occurring during a term shall be filled by the Governor for the
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11 unexpired portion of the term in a manner as provided for regular
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12 appointments to the Board;
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13 2. Members filling the remainder of an unexpired term shall
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14 assume office immediately upon appointment by the Governor and shall
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15 serve until confirmation or denial of confirmation by the Senate;
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16 and
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17 3. A member may be reappointed to the Board, but shall not
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18 serve more than two consecutive terms. A member that has previously
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19 served two consecutive terms may be reappointed after the expiration
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20 of at least one full term.
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21 G. Members of the Board shall receive no salary or compensation
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22 for service on the Board, but shall be reimbursed for travel
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23 expenses incurred on behalf of their service on the Board pursuant
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24 to the State Travel Reimbursement Act.
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 1 H. Members may be removed from office by the Governor:
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2 1. For inefficiency, neglect of duty, or malfeasance in office
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3 in the manner provided for by law for the removal of officers not
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4 subject to impeachment;
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5 2. For cause which shall include, but not be limited to:
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6 a. the member has ceased to be qualified. A member of
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7 the Board is no longer qualified to serve if that
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8 member:
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9 (1) is a member whose Certificate of Authority,
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10 license, or permit pursuant to the laws of this
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11 state has become void or has been revoked or
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12 suspended, or
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13 (2) is a member who has moved from this state,
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14 b. the member has been convicted, pled guilty or nolo
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15 contendere to a felony pursuant to the laws of the
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16 United States or any jurisdiction,
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17 c. the member has become medically incapacitated as
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18 determined in writing by a medical doctor upon request
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19 by the Board, or
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20 d. the member has been absent from three meetings, or is
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21 absent for more than one-half (1/2) the number of
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22 minutes for which a meeting is conducted of three
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23 meetings as determined by the Board during any twelve-
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24 month period, unless such absence is determined to be
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 1 unavoidable in the opinion of a majority of the
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2 remaining members;
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3 3. Upon being found guilty, through due process, of
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4 malfeasance, misfeasance or nonfeasance in relation to Board duties;
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5 or
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6 4. Upon being found mentally incompetent by a court of
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7 competent jurisdiction.
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8 I. Removal pursuant to the provisions of subsection H of this
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9 section shall be accomplished in the following manner:
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10 1. After a majority vote of the remaining members setting out
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11 the dates of absences or other grounds for removal and the fact of
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12 the disqualification of the member, a written notification of the
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13 said vote shall be sent to the Governor; and
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14 2. Upon receipt of the written notification, the Governor,
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15 after a hearing conducted in accordance with the provisions of the
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16 Administrative Procedures Act, may remove any member of the Board
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17 for any of the reasons set out in the notice from the Board or for
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18 any other reason specified in this act the Oklahoma Abstractors Act,
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19 provided:
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20 a. removal pursuant to the provisions of this subsection
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21 shall occur upon the Governor filing a written
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22 statement of findings after the hearing as to the
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23 reasons and basis for removal of the member with the
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24 secretary of the Board, and
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 1 b. the Governor shall appoint another member in the
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2 manner provided for appointments to the Board.
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3 SECTION 2. This act shall become effective July 1, 2023.
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4 SECTION 3. It being immediately necessary for the preservation
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5 of the public peace, health or safety, an emergency is hereby
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6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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9 59-1-1051 MR 1/4/2023 5:45:27 PM
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