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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 1903 By: Hall of the Senate
and
Moore of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to online auctions; amending 12 O.S.
2021, Sections 757, as amended by Section 1, Chapter
326, O.S.L. 2022, 764, and 765, as amended by Section
2, Chapter 326, O.S.L. 2022 (12 O.S. Supp. 2023,
Sections 757 and 765), which relate to levy and
proceedings; adding certain notice requirements;
updating statutory language; updating statutory
references; making language gender neutral; allowing
for certain determination; adding certain reference;
modifying certain language relating to online
auctions for goods and chattels ; prohibiting charging
of buyer’s premium; authorizing certain use of online
auction marketplace; prohibiting purchases by certain
individuals; allowing for certain collection of
payments; allowing for certain fees for online
auction marketplaces; providing for codification; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 757, as
amended by Section 1, Chapter 326, O.S.L. 2022 (12 O.S. Supp. 2023,
Section 757), is amended to read as follows:
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Section 757. A. 1. No goods or chattels levied upon by an
officer pursuant to an execution issued by a court of record shall
be sold unless the party causing the execution to be issued:
a. causes a written notice of sale executed by the
sheriff describing the go ods or chattels subject to
sale and stating the date, time and place whe re the
sale shall occur and, if the sale is to utilize an
online auction marketplace, stating the sale will be
conducted through online auction, the Internet address
where bids may be entered, and the date of the sale
and the time when bidding is scheduled to be open, to
be mailed, by first class first-class mail, postage
prepaid, to the judgment debtor, any holder of record
of an interest in the property, and all other persons
of whom the party causing the execution to be issued
has notice who claim a lien or any interest in the
goods or chattels, at least ten (10) days prior to the
date of the sale, if the names and actual addresses of
such persons are known, and
b. causes public notice to be given of the date, time and
place of sale, for at least ten (10) days before the
day of sale. The notice shall be executed by the
sheriff and shall state the name of any person having
an interest in the property whose actual address is
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unknown, and shall designate the person or persons
whose unknown successors are bei ng notified. The
notice shall be given by advertisement, published in
some newspaper published in the county, or, in case no
newspaper be is published therein, by setting up
advertisements in five public places in the county.
Two advertisements shall be put up in the township
where the sale is to be held, and
c. files in the case an affidavit of proof of mailing and
of publication or posting.
2. A written notice of sale executed prio r to the effective
date of this act November 1, 1987, by the party causing the
execution to be issued but otherwise conforming to the provisions of
this section shall, for all purposes, be deemed valid.
B. 1. If a purchaser other than the party causing the
execution to be issued, when required by the sheriff, fails to post
cash or certified funds equal to ten percent (10%) of the amount bid
for the property within twenty -four (24) hours of the sale,
excluding Sundays and legal holidays, or otherwise fails to complete
the sale, the sheriff may proceed with the sale and may acc ept the
next highest bid.
2. When goods and chattels levied upon cannot be sold for want
of bidders, the officer making such retu rn shall affix a true and
correct inventory of such goods and chattels to the execution, and
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the party causing such execution to be issued may thereupon sue out
another writ of execution, directing the sale of the property levied
upon as provided for in th is section.
C. The sheriff may determine whether the auction provided for
in this section shall utilize an online auction mar ketplace. All
sales of goods and chattels may be conducted by public auction
through the Internet or other electronic means pursu ant to this
section. For a public auction held by Internet or other electronic
means, place may include the Internet website of an online auction
marketplace selected by the sheriff to host and conduct the
sheriff’s sale of goods and chattels.
D. No sheriff nor other officer conducting the sale of such
property, nor any appraiser or online auction marketplace, shall
either directly or indirectly purchase the same; and every purchase
so made shall be considered fraudulent and void. If the online
auction marketplace is a corporation, limited liability company,
limited liability partnership, or partnership, the foregoing
restriction shall apply to any director, officer, employee, managing
member, or partner of such appraiser or online auction marketplace.
E. In the case of a sale by a sheriff conducted through an
online auction marketplace, the online auction marketplace may
collect deposits and payments by wire transfer, electronic funds
transfer, or cashier ’s check from a registered bidder, settle the
transaction, and then remit payment of the purchase price to the
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court clerk as directed by the sheriff a sheriff utilizing an online
auction marketplace shall be conducted in accordance with the
provisions of Section 4 of this act .
SECTION 2. AMENDATORY 12 O.S. 2021, Section 764, is
amended to read as follows:
Section 764. A. Lands and tenements taken on execution shall
not be sold unless the party causing the execution to be issued:
1. Causes a written notice of sale executed by t he sheriff
containing the legal description of the property to be sold and
stating the date, time and place where the property will be sold
and, if the sale is to utilize an online auction marketplace,
stating the sale will be conducted through online auct ion, the
Internet address where bids may be entered, a nd the date of the sale
and the time when bidding is scheduled to be ope n, to be mailed, by
first class first-class mail, postage prepaid, to the judgment
debtor, any holder of interest of record in the property to be sold
whose interest is sought to be extinguished, and all other persons
of whom the party causing the execution to be issued has notice who
claim a lien or any interest in the property whose interest is
sought to be extinguished, at least t en (10) days prior to the date
of the sale, if the nam es and addresses of such persons are known;
and
2. Causes public notice of the date, time and place of sale to
be given by publication for two (2) successive weeks in a newspaper
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published in the count y in which the property to be sold is
situated, or in case no newspaper be is published in such county,
then in a newspaper of general circulation therein and by putting up
an advertisement upon the courthouse door and in five other public
places in such county, two of which shall be in the township where
such lands and tenements lie; provided, that in counties now having
a population of one hundred ten thousand (110,000) or more according
to the last Federal Decennial Census, the advertisement shall be
published in some newspaper published in the city or township where
said such lands and tenements lie , or if there be is no newspaper in
such city or township , then in some newspaper published in the
county. Notice shall be executed by the sheriff and state the name
of any person having an interest in the prope rty to be sold whose
interest is sought to be extinguished and whose act ual address is
unknown, and shall designate the person or persons whose unknown
successors are being notified; and
3. Files in the case an affidavit of proof of mailing and of
publication or posting.
B. A written notice of sale executed prior to the effective
date of this act November 1, 1987, by the party causing the
execution to be issued but otherwise conforming to the provision s of
this section shall, for all purposes, be deemed v alid.
C. Such sale shall not be held less than thirty (30) days after
the date of first publication of the notice required in paragraph 2
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of subsection A of this section. If a purchaser other than the
party causing the execution to be issued, when required by the
sheriff, fails to post cash or certified funds equal to ten percent
(10%) of the amount bid for the property within twenty -four (24)
hours of the sale, excluding Sundays and legal holidays, or
otherwise fails to complete the sale, the sheriff may accept the
next highest bid. Except as otherwise provided for in subse ction B
of this section, sales for which the provisions of subsection A of
this section have not been complied with shall be set a side on
motion by the court to which the execution is returnable.
D. The sheriff may determine whether the auction provided for
in this section shall utilize an online auction marketplace. All
sales of lands and tenements conducted by a sheriff utilizing an
online auction marketplace shall be conducted in a ccordance with the
provisions of Section 4 of this act.
SECTION 3. AMENDATORY 12 O.S. 2021, Section 765, as
amended by Section 2, Chapter 326, O.S.L. 2022 (12 O.S. Supp. 2023,
Section 765), is amended to read as follows:
Section 765. A. Upon the return of any writ of execution for
the satisfaction of which any lands or tenements have been sold, the
party causing the execution to be issued shall:
1. Cause a written notice of h earing on the confirmation of the
sale to be mailed, b y first class first-class mail, postage prepaid,
to all persons to whom mailing of the notice of the execution of
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sale was required to be made pursuant to Section 764 of this title
and to the high bidde r at such sale, at least ten (10) days before
the hearing on the confirmation of the sale, and if the name or
address of any such person is unknown, shall cause a notice of the
hearing on the confirmation of the sale to be published in a
newspaper authorized by law to publish legal notices in the county
in which the property is situated. If no newspaper authorized by
law to publish legal notices is published in such county, the notice
shall be published in some such newspaper of general circulation
which is published in an adjoining county. The notice shall state
the name of any person being so notified and shall be published once
at least ten (10) days prior to the date of the hearing on the
confirmation of the sale; and
2. Files in the case an affidavit of proof of mailing, and if
required, of publication.
B. Any person filing a written objection to the confirmation of
the sale shall cause a copy of such written objection to be mailed,
prior to the hearing on the confirmation of the sale, by first class
first-class mail, postage prepaid, to all persons to whom mailing of
the notice of the hearing on the confirmation of the sale was
required to be made pursuant to this section. The court may
continue the hearing or make such other orders as are necessary to
allow the interested persons to adequately support or oppose any
such objections to the confirmation of the sale. If the court,
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after having carefully examined the proceedings of the officer, is
satisfied that the sale has, in all respects, been made in
conformity with the provisions of this article section, the court
shall direct the clerk to make an entry on the journal that the
court is satisfied of the legality of such sale and shall order that
the officer make to the purchaser a deed for such land s and
tenements; and the officer, on making such sale, shall deposit the
purchase money with the clerk of the court from which said the writ
of execution issued, where same shall remain until the court shall
have examined his or her proceedings as aforesaid, when said the
clerk of the court shall pay the same to the person entitled
thereto, agreeable to the order of the court. In the case of a sale
by a sheriff conducted through an online auction marketplace, the
online auction marketplace may collect and hold deposits and
additional purchase money payments u p to the full amount of the
winning bid, settle the transaction, and the n remit payment of the
purchase money to the court clerk as directed by the sheriff or the
court. Any No buyer’s premium shall be charged to a buyer for
online auction marketplace services rendered to the buyer shall not
be considered purchase price provided that the buyer ’s premium is
disclosed in advance in the listing on any sale.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 776 of Title 12, unless there is
created a duplication in nu mbering, reads as follows:
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A. In accordance with the provisions of Section 75 1 et seq. of
Title 12 of the Oklahoma Statutes, sher iffs may conduct the sale of
goods or chattels or lands and tenements utilizing an online auction
marketplace.
B. No sheriff or other officer conducting the sale of property
or any appraiser or online auction marketplace shall either directly
or indirectly purchase the property; any such purchase shall be
fraudulent and void. If the appraiser or online auction marketplace
is a corporation, limited liability company, limited liability
partnership, or partnership, such prohibition shall apply to any
director, officer, employee, managing member, or partner of such
appraiser or online auction marketplace.
C. The online auction marketplace may collect deposits and
payments by wire transfer, electronic funds transfer, or cashier ’s
check from a registered bidder , settle the transaction, and remit
payment of the purchase price to the court clerk as directed by the
sheriff.
D. In accordance with the provisions of Section 765 of Title 12
of the Oklahoma Statutes , no buyer’s premium shall be charged to a
buyer on any sale utilizing an online auction marketplace. The fee
charged and all costs incurred by the online auction marketplace
shall be assessed as costs at one and six -tenths percent (1.6%) of
selling price not to exceed Four Hundred Dollars ($400.00).
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SECTION 5. It being immediately necessary fo r the preservation
of the public peace, health or safety, an emergency i s hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and appro val.
59-2-3791 MSBB 5/29/2024 10:58:32 AM