STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 913	By:	Branan

AS INTRODUCED

An Act relating to Oklahoma Real Estate Commission; amending 59 O.S. 2011, Sections 858-301.1 and 858-307.4, which relates to background checks; modifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 858-301.1, is amended to read as follows:
Section 858-301.1.  A.  Any applicant convicted of any crimes defined in Section 13.1 of Title 21 of the Oklahoma Statutes shall not be eligible to obtain a real estate license within twenty (20) years of the completion of any criminal sentence, including parole and probation.
B.  Any applicant convicted of a felony involving forgery, embezzlement, obtaining money under false pretense, extortion, conspiracy to defraud, fraud, or any other similar offense or offenses shall not be eligible to obtain a real estate license within ten (10) years of the completion of any criminal sentence, including parole and probation.
C.  Any applicant convicted of any other felony shall not be allowed to obtain a real estate license within five (5) years of the completion of any criminal sentence, including parole and probation.
D.  For the purposes of this section, the term "applicant" shall mean any person making an application for original licensure as a provisional sales associate, sales associate, broker associate, or broker, and shall not apply to any licensee seeking renewal of a current license.
E.  Any applicant with a felony conviction shall not automatically receive a license after the timelines set forth in this section, but may be licensed in accordance with the licensing provisions set forth in the Oklahoma Real Estate License Code and Rules.
F.  The Oklahoma Real Estate Commission shall require any applicant to undergo a criminal history records check for eligibility for licensure and to pay the required fee as part of the application for licensure as stated in Section 858-307.4 of this title.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 858-307.4, is amended to read as follows:
Section 858-307.4.  A.  Prior to the issuance of a license pursuant to this the Oklahoma Real Estate License Code, each applicant shall submit to a national criminal history record check, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.
B.  Upon receipt by the Oklahoma Real Estate Commission of the criminal history report, the Commission shall conduct an investigation in accordance with rules promulgated by the Commission.
C.  The costs associated with the national criminal history record check shall be paid by the applicant.
SECTION 3.  This act shall become effective November 1, 2013.

54-1-719	NP	1/17/2013 4:23:25 PM