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ENGR. S. B. NO. 1459 Page 1
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ENGROSSED SENATE
BILL NO. 1459 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to abstracting; amending 1 O.S. 2021,
Section 22, as amended by Section 1, Chapter 85,
O.S.L. 2023 (1 O.S. Supp. 2025, Section 22), which
relates to the Oklahoma Abstractors Board; extending
sunset date; updating statutory language; requiring
electronic submission of certain report; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 1 O.S. 2021, Section 22, as
amended by Section 1, Chapter 85, O.S.L. 2023 (1 O.S. Supp. 2025,
Section 22), is amended to read as follows:
Section 22. A. There is hereby re-created to continue until
July 1, 2026 July 1, 2031, 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 as 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 employees 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
certificate of authority or an employee of a holder of a current
valid Certificate of Authority certificate of authority for not less
fewer 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 Le Flore, 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 this state for not less
fewer 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 this state for
not less fewer 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 this state for not less fewer than
five (5) years.
E. The Governor shall make the initial appointments to the
Board within ninety (90) days of July 1, 2007:
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,
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c. members appointed from Districts 5 and 6 shall serve
until July 1, 2010,
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 consecutive terms. A member that has previously
served two consecutive terms may be reappointed after the expiration
of at least one full term.
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G. Members of the Board shall receive no salary 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.
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
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 state,
b. the member has been convicted, or 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
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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
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 electronically sent to the Governor; and
2. Upon receipt of the written notification, the Governor,
after a hearing conducted in accordance with the provisions 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 section, provided:
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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
b. the Governor shall appoint another member in the
manner provided for appointments to the Board.
SECTION 2. This act shall become effective July 1, 2026.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 26th day of February, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives