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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 254 By: Bullard
AS INTRODUCED
An Act relating to public ation of legal notices;
amending 19 O.S. 2011, Section s 350 and 444, which
relate to county commissioners and publication of
proceedings; modifying certain publication
requirement; amending 25 O.S. 2011, Sections 106 and
311, as last amended by Section 4, Chapter 3, O.S.L.
2020 (25 O.S. Supp. 2020, Section 311) , which relate
to newspapers and public notices and notices of
public bodies; modifying definition; requiring
publication of certain notices on certain websites;
amending 28 O.S. 2011, Section 121, which relates to
public printing; establishing maximum rate to be
charged for certain posting; establishing
requirements for online publication of legal notices;
establishing requirements for certain electronic mail
notifications; amending 68 O.S. 2011, Se ctions 3106,
as amended by Section 5, Chapter 25, O.S.L. 2020 and
3127 (68 O.S. Supp. 2020, Section 3106), whi ch relate
to collection of delinquent taxes; modifying
frequency of certain publication requirements ;
modifying certain procedures for public notices;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011 , Section 350, is
amended to read as follows:
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Section 350. The county commissioners and members of the county
excise board of each county shall designate and publish or post on a
newspaper’s website or a government website between the 1st and 20th
of January each year which holidays the county offices will be
closed.
SECTION 2. AMENDATORY 19 O.S. 2011 , Section 444, is
amended to read as follows:
Section 444. It shall be the mandatory duty of the board of
county commissioners to cause to be published publish in a newspaper
published in the county, or placed on a newspaper’s website or a
government website, a full and complete report of all its official
proceedings at each regular and special meeting, except blanket
purchase orders, within the time provided for in Sections 445 and
446 of this title, and the board o f county commissioners shall pay
for the same from the appropriation as provided in this se ction.
The board of county commissioners may also order the publication of
the official proceedings in a newspaper to be printed in any other
than the English Langu age whenever it shall deem it necessary for
the better information of the inhabitants. The board of county
commissioners may omit the listing of all employees and their
salaries approved for payment in the monthly publication of
proceedings. However, it shall be the mandatory duty of the board
of county commissioners to cause to be published a full and complete
report of all the county employees and their salaries paid ann ually.
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An asterisk shall be placed in front of the names of employees paid
for less than the full twelve (12) months of the preceding calendar
year. The listing shall reflec t the gross salary o f every employee
reported to the Internal Revenue Service on the W-2 Form of the
employee. Such annual publication of the employees and their
salaries shall be published annually in th e month of February for
the preceding calendar year in a newspaper of the county which meets
the requirements set forth in Section 1 06 of Title 25 of the
Oklahoma Statutes or placed on a newspaper ’s website or a government
website.
It shall also be the man datory duty of the board of county
commissioners and the county excise board, each fiscal year, to take
such steps as may be necessa ry and proper under the statutes
relating to estimates of needs and appropriations, to appropriate,
in the General Governmen t account within the general fund of the
county, an amount sufficient to pay for the publication of all such
proceedings during the fiscal year, at the legal rate therefor, but
in no event less than the total of lega l claims for publication of
such proceedings during the immediately preceding fiscal year .
SECTION 3. AMENDATORY 25 O.S. 2011, Section 106, is
amended to read as follows:
Section 106. No legal notice, advertisement, or publicatio n of
any kind required or provided for b y the laws of this state to be
published in a newsp aper shall have forc e or effect unless published
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in a legal newspaper of the coun ty. A legal newspaper of the county
is any newspaper which, during a period of one hundred four (104)
consecutive weeks imm ediately prior to the first publication of such
notice, advertisement, or publication:
1. has Has maintained a paid general subscri ption circulation
in the county; and
2. has Has been admitted to the United States mails as paid
second-class mail matter; and
3. has Has been continuously and uninterrupted ly published in
the county. If there is no legal newspaper in a county, then all
legal notices, advertisements, or publications of any kind required
or provided for by the laws of this state shall be publ ished in a
legal newspaper in an adjoining county o f this state, which
newspaper has general circulation in the county or political
subdivision in which such notice is required ; and
4. Has maintained a newspaper Internet website or has access to
a statewide Internet website established and maintained by a press
association in Oklahoma as a repository for such legal notices .
Nothing in this section shall invalidate the publication of such
legal notices, advertisements , or publications in a newspaper which
has moved its place of publication from one location in the county
to another location in the same county without breaking the
continuity of its regular issues for the requisite length of time,
or the name of which ma y have been changed when said the change of
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location was made as permitted by United States postal laws and
regulations. Failure to issue or publish said the newspaper for a
period of fourteen (14) days due to fire, accident, or other
unforeseen cause, or by reason of the pendency of mortgage
foreclosure, attachment, execution, or other legal p roceedings
against the type, presses, or other personal property used by the
newspaper, shall not be deemed a failure to maintain continuous and
consecutive publicat ion as required by the provisions of thi s
section, nor shall said the failure invalidate th e publication of a
notice otherwise valid. Failure to issue or publish a newspap er
qualified to publish legal notices, advertisements, or publications
of any kind, for a period totaling not more than four teen (14)
consecutive days during a calendar year s hall not be deemed a
failure to maintain continuous and consecutive publication a s
required by the provisions of this section, nor shall said the
failure invalidate the publication of a notice otherwise va lid.
SECTION 4. AMENDATORY 25 O.S. 2011, Section 311, as last
amended by Section 4, Chapter 3, O.S.L. 2020 (25 O.S. Supp. 2020,
Section 311), is amended to read as follows:
Section 311. A. Notwithstanding any other provisions of law,
all regularly scheduled, continued or reconve ned, special or
emergency meetings of public bodies shall be preceded by public
notice as follows:
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1. All public bodies shall give notice in writing by December
15 of each calendar year of the schedule sh owing the date, time and
place of the regularly sch eduled meetings of such public bodies for
the following calendar year;
2. All state public bodies, including, but not limited to,
public trusts and other bodies with the state as beneficiary, shall
give such notice to the Secretary of State;
3. All county public bodies including, but not limited to,
public trusts and any other bodies with the county as beneficiary,
shall give such notice to the county clerk of the county wherein
they are principally locat ed;
4. All municipal public bodies, including, but not limited to,
public trusts and any other bodies with the municipality as
beneficiary, shall give such notice to the municip al clerk of the
municipality wherein they are principally located;
5. All multicounty, regional, areawide or district public
bodies including, but not limited to, district boards of education,
shall give such notice to the county clerk of the county where in
they are principally located, or if no office exists, to the county
clerk of the county or counties served by such public body ;
6. All governing boards of state institutions of higher
education, and committees and subcommittees thereof, shall give such
notice to the Secretary of State. All other public bodies covered
by the provisions of the Oklahoma Open Meeting Act which exis t under
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the auspices of a state institution of higher education, but a
majority of whose members are not members of the institu tion’s
governing board, shall give such notice to the county clerk of the
county wherein the institution is principally located;
7. The Secretary of State and each county clerk or municipal
clerk shall keep a record of all notices received in a register o pen
to the public for inspection during regular office hours, and, in
addition, shall make known upon any request of any person t he
contents of the register;
8. If any change is to be made of the date, time or place of
regularly scheduled meetings of publ ic bodies, then notice in
writing shall be given to the Secretary of State or county clerk or
municipal clerk, as required herein , not less than ten (10) days
prior to the implementation of any such change;
9. In addition to the advance public notice in w riting required
to be filed for regularly scheduled meetings, described in par agraph
1 of this subsection, all public bodies shal l, at least twenty-four
(24) hours prior to such regularly scheduled meetings, display
public notice of the meeting by at least one of the following
methods:
a. by posting information that includes date, t ime, place
and agenda for the meeting in prominent public view at
the principal office of the public body or at the
location of the meeting if no office exists, or
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b. by posting on the public body’s Internet website the
date, time, place and agenda for the meeting in
accordance with Section 3106.2 of Title 74 of the
Oklahoma Statutes. Additionally, the public body
shall offer and consistently maintain an email
distribution system for distribution of such notice of
a public meeting required by this subsecti on, and any
person may request to be included witho ut charge, and
their request shall be accepted. The emailed notice
of a public meeting required by this subsection shall
include in the body of the email or as an attachment
to the email the date, time, p lace and agenda for the
meeting and it shall be sen t no less than twenty -four
(24) hours prior to the meeting. Additionally, except
as provided in subparagraph c of this paragra ph, the
public body shall make the notice of a public meeting
required by this subsection available to the public in
the principal office of the public body or at the
location of the meeting during normal business hours
at least twenty–four (24) hours prio r to the meeting,
or
c. upon the effective date of this act on March 18, 2020,
and until November 15, 2020, or the Governor decla ring
the state of emergency to be terminated, whichever
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date first occurs, the public body shall not be
required to make the notice of a public me eting
available to the public in the principal office of th e
public body or at the location of the meeting dur ing
normal business hours at least twenty -four (24) hours
prior to the meeting;
10. The twenty-four (24) hours required in paragraph 9 of this
subsection shall exclude Saturdays, Sundays and holidays lega lly
declared by the State of Oklahoma. The posting or distribution of a
notice of a public meeting as described in paragraph 9 of this
subsection shall not preclude a public body from considering at its
regularly scheduled meeting any new business. “New business”, as
used herein, shall mean any matter no t known about or which could
not have been reasonably foreseen prior to the time of the posting;
11. In the event any meeting is to be continued or reconvened,
public notice of such action including date, time and place of the
continued meeting, shall be given by announcement at the original
meeting. Only matters appearing on the agenda of the meeting which
is continued may be discussed at the con tinued or reconvened
meeting;
12. Special meetings of publ ic bodies shall not be held without
public notice being given at least forty -eight (48) hours prior to
the meetings. Such public notice of date, time and place shall be
given in writing, in person or by telephonic means to the Secretary
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of State or to the county clerk or to the municipal clerk by public
bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of
this subsection. The public body also shall cause written notice of
the date, time and place of the meeting to be mailed or delivered to
each person, newspaper, wire service, radio station an d television
station that has filed a written request for notice of meetings of
the public body with the clerk or secretary of the public body or
with some other person designated by the public body. Such written
notice shall be mailed or delivered at lea st forty-eight (48) hours
prior to the special meeting. The public body may charge a fee of
up to Eighteen Dollars ($18.00) per year to persons o r entities
filing a written request for notice of meetings, and may require
such persons or entities to renew the request for notice annually.
In addition, all public bodies shall, at least twenty -four (24)
hours prior to such special meetings, display pu blic notice of the
meeting, setting forth thereon the date, time, place and agenda for
the meeting. Only matt ers appearing on the posted agenda may be
considered at the special meeting. Such public notice shall be
posted in prominent public view at the p rincipal office of the
public body or at the location of th e meeting if no office exists.
Twenty-four (24) hours prior public posting shall exclude Saturdays,
Sundays and holidays legally declared by the State of Oklahoma. In
lieu of the public posting r equirements of this paragraph, a public
body may elect to follow the requirements found in subparagraph b of
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paragraph 9 of this subsection, provided that forty -eight-hour
notice is required for special meetings and that the forty -eight-
hour requirement shall exclude Saturdays, Sundays and holidays
legally declared by the State of Oklahoma; and
13. In the event of an emergency, an emergency meeting of a
public body may be held without the public notice heretofore
required. Should an emergency meeting of a public body be
necessary, the person calling such a meetin g shall give as much
advance public notice as is re asonable and possible under the
circumstances existing, in person or by telephonic or electronic
means.
B. 1. All agendas required pursuant to t he provisions of this
section shall identify all items of b usiness to be transacted by a
public body at a meet ing including, but not limited to, any proposed
executive session for the purpose of engaging in deliberations or
rendering a final or intermediat e decision in an individual
proceeding prescribed by the Ad ministrative Procedures Act.
2. If a public body p roposes to conduct an executive session,
the agenda shall:
a. contain sufficient information for the public to
ascertain that an executive session will be proposed,
b. identify the items of business and pu rposes of the
executive session, and
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c. state specifically the provision of Section 307 of
this title authorizing the executive session.
C. In addition to the requirements for publication of public
notice pursuant to this section , a public body or other g overnmental
entity shall publish any required notice on the website of the
public body or governmental entity , if available.
SECTION 5. AMENDATORY 28 O.S. 2011, Section 121, is
amended to read as follows:
Section 121. A. In all cases where publication of legal
notices is required or allowed by law, the person or official
desiring publication shall be required to pay:
1. For all matters other than tabular matter, fourteen c ents
($0.14) per word for first insertion, and thirte en cents ($0.13) per
word for each subsequent insertion , with each separate group of
numerals included in the matter to be counted as one word,
regardless of the num ber of digits involved;
2. Effective November 1, 2005, for all matters other than
tabular matter, fifteen cents ($0.15) per word for first insert ion,
and fourteen cents ($0.14) per word for each subsequent insertion,
with each separate group of numerals i ncluded in the matter to be
counted as one word, regardless of the number of digits involve d;
and
3. For all tabular matter, in not to exceed eig ht-point type,
including but not limited to, lists of persons, firms, and
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corporations whose personal property taxes are delinquent and lists
of lands and town lots upon which taxes are delinquent, sev enty
cents ($0.70) per line per newspaper column in wid th, for first
insertion, and sixty -five cents ($0.65) per line per newspaper
column in width, for each subsequ ent insertion.
B. The county treasure r shall collect the cost of publication
of lists of lands and town lots sold for delinquent taxes at
original sale or resale from the individuals purchas ing the lands
and town lots at the sale or resale involved, and s hall deposit all
monies collected to t he credit of the fund of the county which paid
the cost of publication. The publisher of the notice shall b e paid
for the publication of the notice from the general fund of the
county or, if monies are not available i n the general fund of the
county at the time of publication, from the “Resale-Property Fund”
of the county.
C. When a notice is required by statu te to be published by a
state or local governmental entity more than once and is paid for by
the entity and the cost of publication is not paid in advan ce by or
allowed to be recouped from private part ies, the governmental entity
may not be charged for the second and successive publications of th e
notice at a rate greater than fifty percent (50%) of the rate
charged for the first publication in the series .
1. If a newspaper maintains an Internet website or has access
to a statewide Internet website established and maintained by a
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press association that is displaying the contents of the newspaper,
then, at no additional charge, each notice shall be placed on the
newspaper’s Internet website on the same d ay that the notice appears
in the printed newspaper. A hyperlink to legal notices shall be
provided on the front page of the newspaper ’s Internet website that
provides access to the legal notices without charge. If there is a
specified size and placement required for a printed legal notice,
the size and placement of the notice on the newspaper ’s Internet
website should optimize its online visibility in keeping with the
print requirement. The newspaper’s Internet website shall contain a
search function to facilitate searching legal notices and shall
present the legal notices as the dominant subject matter of those
pages that contain such notices.
2. Upon request of a person, newspapers that publish notices
shall provide electronic mail notification to tha t person of legal
notices when such notices are printed in the newspaper and added to
the newspaper’s Internet website. The electronic mail notification
shall be provided without charge and notification for the electronic
mail registry shall be available on the front page of the legal
notices section of the n ewspaper’s Internet website. For any legal
notice required to be published more than once, electronic mail
notification required by this subsection shall apply only to the
first publication in the ser ies of that notice.
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3. Any error in the placement of a governmental legal notice on
a newspaper’s Internet website shall be considered harmless error
and the requirement of proper legal notice shall be deemed to have
been met.
SECTION 6. AMENDATORY 68 O.S. 2011, Section 3106, as
last amended by Section 5, Chapter 25, O.S.L. 2020 (68 O.S. Supp.
2020, Section 3106), is amended to read as follo ws:
Section 3106. A. Except for periods governed by the provisions
of subsection C of Sect ion 3148 of this title, the county treasurer,
according to the law, shall give notice of delinquent t axes and
special assessments by publication once a week for two (2)
consecutive weeks at any time after April 1, but prior to the end of
September following the year the taxes were first due and payable,
in some newspaper in the county to be designated by the county
treasurer. Such notice shall contain a notification that all lands
on which the taxes are delinquent and remain due and unpaid will be
sold in accordance with Section 3105 of this title, a list of the
lands to be sold, the name or names of the last record owner or
owners as of the preceding December 31 or later as reflected by the
records in the office of the county assessor, which records shall be
updated based on real property conveyed after Octob er 1 each year
and the amount of taxes due and delinquent. If the sale involves
property upon which is located a manufactured home the no tice shall
contain the following language: “The sale hereby advertised
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involves a manufactured home which may be subj ect to the right of a
secured party to reposses s. A holder of a perfected security
interest in such manufactured home may be able to pay ad valorem
taxes based upon the value of the manufactured home a part from the
value of real property.” In addition to said the published notice,
the county treasurer shall give notice by mailing to the record
owner of said the real property as of the prec eding December 31 or
later as reflected by the records in the of fice of the county
assessor, which records shall be up dated based on real property
conveyed after October 1 each year, a notice stating the amount of
delinquent taxes owed and informing the ow ner that the subject real
property will be sold as provided for in Section 3105 of this title
if the delinquent taxes are not paid and showing the legal
description of the property of the own er being sold. Failure to
receive said the notice shall not inva lidate said the sale. The
county treasurer shall charge and col lect in cash, cashier’s check
or money order, in addit ion to the taxes, interest and penalty, the
publication fees as provided by the p rovisions of Section 121 of
Title 28 of the Oklahoma Stat utes, and Five Dollars ($5.00) plus
postage for mailing the noti ce, which shall be paid into the county
treasury or whatever fund the publication and mailing fee exp enses
came from, and the county sh all pay the cost of the publication of
such notice. But in no case shall the county be liable for more
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than the amount charged to the delinquent lands for advertising and
the cost of mailing.
B. If personal property taxe s become delinquent on a
manufactured home which is located on property not owned by the
owner of the manufactured home and the county treasurer provides
notice pursuant to Sections 3102 and 3103 of this title , such notice
shall also be sent to the last -known address of the owner of the
real property on which the manufactured home is located.
SECTION 7. AMENDATORY 68 O. S. 2011, Section 3127, is
amended to read as follows:
Section 3127. The county treasurer, according to the law, shall
give notice of the resale of such real estate by publication of said
the notice once a week for four (4) two (2) consecutive weeks
preceding such sale, in some newspaper, or newspaper Internet
website as described in Section 106 of Title 25 of the Oklahoma
Statutes, having been continuously published one hundred four (104)
consecutive weeks with admission to the United States mails as
second-class mail matter, with paid circulation and published in the
county where delivered to the mails, to be designated by the county
treasurer; and if there be no paper published in the county, or
publication is refused, the county treasurer shall give noti ce by
written or printed notice posted on the door of the courthous e.
Such notice shall contain a de scription of the real estate to be
sold, the name of the record owner of said the real estate as of the
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preceding December 3l or later as shown by the reco rds in the office
of the county assessor, which records shall be up dated based on real
property conveyed after October 1 each year, the time and place of
sale, a statement of the date on which said the real estate taxes
first became due and payable as prov ided for in Section 2913 of this
title, the year or years for which taxes have been assessed but
remain unpaid and a statement that the same has not been redeemed,
the total amount of all deli nquent taxes, costs, penalties and
interest accrued, due and unp aid on the same, and a statement that
such real estate will be sold to the highest bidder for cash. It
shall not be necessary to set forth the amount of taxes, penalties,
interest and costs a ccrued each year separately, but it shall be
sufficient to publish the total amount of all due and unpaid taxes,
penalties, interest and costs. The county treasurer shall, at least
thirty (30) days prior to such resale of real estate, give notice by
certified mail, by mailing to the record owner of said the real
estate, as shown by the records in the county assessor’s office,
which records shall be updated based on r eal property conveyed after
October 1 each year, and to all mortgagees of record of said the
real estate a notice stating the time and place of said the resale
and showing the legal description of the real property to be s old.
If the county treasurer does not know and cannot, by the exercise of
reasonable diligence, ascertain the address of any mortgagee of
record, then the county treasurer shall cause an a ffidavit to be
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filed with the county clerk, on a form approved by t he State Auditor
and Inspector, stating such fact, which affidavit shall suffice,
along with publication as provided for by t his section, to give any
mortgagee of record notice of such resa le. Neither failure to send
notice to any mortgagee of record of said the real estate nor
failure to receive notice as provided for by this section shall
invalidate the resale, but the resale tax deed shall be ineffective
to extinguish any mortgage on said the real estate of a mortgagee to
whom no notice was sent. Begin ning on April 24, 2008, no
encumbrancer of real property in this state shall be permitted to
file any instrument purporting t o encumber real property in any
county of the state with any cou nty clerk unless the instrument
states on its face the mailing addr ess of such encumbrancer.
SECTION 8. This act shall become effective November 1, 20 21.
58-1-350 TEK 1/4/2021 3:51:32 PM