SB 400 — Cities and towns; allowing municipalities to declare certain buildings as unoccupied. Effective date.
Last action — Placed on General Order
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Senate.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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In Committee
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 R).
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Cleared a recorded vote
Passed 1 recorded vote so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
272 added · 33 removedPlain-language change summary
The latest amendment to Senate Bill 400 increases several deadlines related to the handling of abandoned buildings from ten days to thirty days. This change allows municipalities more time to address issues surrounding abandoned properties, facilitating better planning and response to local concerns. Additionally, properties in probate or those on the National Register of Historic Places are now excluded from certain provisions, recognizing their unique legal and historical circumstances. Overall, these adjustments aim to improve municipal management of abandoned buildings while balancing property rights and public safety.
SENATE CHAMBERFLOOR STATEVERSION OFMarch OKLAHOMA4, DISPOSITION2025 FLOORAS AMENDMENTAMENDED No.SENATE BILL NO.
________400 COMMITTEEBy: AMENDMENT (Date) I move to amend Senate Bill No.
400Coleman asof follows:the Senate and Luttrell of the House 7 [ powers of municipalities - abandoned buildings - notice - hearing - action - duties - codification - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 11 O.S.
2021, Section 22-112.4, is amended to read as follows:
Section 22-112.4.
A.
An abandoned building shall constitute a public nuisance because it:
OnIs Pagedetrimental 2,to Line 1, by striking after the wordpublic “least”health, andsafety beforeor thewelfare wordof “days’”, the wordinhabitants “tenof (10)” and insertingvisitors to the wordmunicipality; “thirty (30)”;
OnCauses Pageincreased 2,municipal Lineregulatory 17,costs by striking after the word “than” and beforeincreased themunicipal wordpolice “days”, the word “ten (10)” and insertingfire theprotection wordcosts; “thirty (30)”;
and 3.
Devalues abutting and nearby real properties.
B.
A municipal governing body may abate the public nuisance caused by an abandoned building within the municipal limits in accordance with the following procedures:
SENATE FLOOR VERSION - SB400 SFLR Page 1 (Bold face denotes Committee Amendments) 1.
At least ten (10) days’ notice that an abandoned building is to be abated pursuant to the procedures for abatement set forth in this section shall be given to the owner of the property before the governing body holds a hearing.
A copy of the notice shall be sent by mail to the property owner at the address shown by the current year’s tax rolls in the office of the county treasurer.
Written notice shall also be sent by mail to any mortgage holder as shown by the records in the office of the county clerk to the last-known address of the mortgage holder.
At the time of mailing of notice to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, the receipt of which shall indicate the date of mailing and the name and address of the mailee.
However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property and by publication as defined in Section 1-102 of Title 11 of the Oklahoma Statutes this title.
Such notice shall be published once not less than ten (10) days prior to any hearing or action by the municipality pursuant to the provisions of this section;
2.
A hearing shall be held by the governing body to determine if the property is an abandoned building as defined by this section;
OnPursuant Pageto 7,a Linedetermination 7,that bythe strikingbuilding afteris an abandoned building, the wordgoverning “within”body andmay beforeorder the wordagents “days”,of the wordmunicipality “tento (10)”pursue abatement of the public nuisance caused by SENATE FLOOR VERSION - SB400 SFLR Page 2 (Bold face denotes Committee Amendments) the building and insertingshall order the wordmunicipal “thirtyclerk (30)”;to place the building on an abandoned building list to be maintained by the clerk.
At any time after such determination and order, the agents of the municipality may cause the public nuisance to be abated as authorized in this section, and such abatement may continue until such time as the building is removed from the abandoned building list in accordance with the procedures set forth in subsection C of this section;
OnAbatement Pageof 7,an Lineabandoned 15,building by striking after the wordmunicipality “within”,may theinclude wordany “tenor (10)”all andof inserting the wordfollowing: “thirty (30)”;
a.
any lawful municipal regulatory or municipal police and fire protection action in relation to the abandoned building or the owner of such building necessary or appropriate for the protection of inhabitants in and visitors to the municipality.
Upon receipt of any necessary warrant to authorize such action, the agents of the municipality are granted the right of entry onto the property for the performance of any such action as a governmental function of the municipality, b.
the quarterly assessment against the property on which the abandoned building is located and against the owner of the abandoned building of the actual costs of any municipal regulatory action taken in relation to SENATE FLOOR VERSION - SB400 SFLR Page 3 (Bold face denotes Committee Amendments) the abandoned building or the owner of such building as authorized above, c.
the assessment against the property on which the abandoned building is located and against the owner of the abandoned building of the actual costs of any municipal police or fire protection action taken in relation to the abandoned building or the owner of such building as authorized above, and d.
an assessment for any other actual expenses incurred by the municipality in relation to the abandoned building, including, but not limited to, the costs of notices, mailings and publications;
OnAfter Pagethe 8,determination Linethat 22,a building is an abandoned building, and before commencement of any of the abatement actions authorized by deletingparagraphs after3 and 4 of this subsection, the wordmunicipal “least”clerk shall file a notice of lien with the county clerk describing the property, the findings of the governing body at the hearing, and beforestating that the wordmunicipality “days’”,claims a lien on the wordproperty “tenfor (10)”all abatement costs and insertingthat such costs shall also constitute the wordpersonal “thirtyobligation (30)”;of the property owner from and after the date of filing of the notice;
OnFrom Pageand 9,after Linethe 14,determination bythat deletinga afterbuilding theis wordan “than”abandoned building, and beforecontinuing until such time as the wordbuilding “days”,is removed from the wordabandoned “tenbuilding (10)”list andin insertingaccordance with the wordSENATE “thirtyFLOOR (30)”;VERSION - SB400 SFLR Page 4 (Bold face denotes Committee Amendments) procedures set forth in subsection C of this section, the municipal clerk shall determine the actual quarterly abatement costs for the abatement procedures authorized by this section.
7.After such determination, the municipal clerk shall mail a statement of the actual quarterly abatement costs for the abatement procedures authorized by this section to the property owner and demand the payment of such costs by the owner.
OnIn Pageaddition, 10,a Linecopy 9,of bythe deletingstatement aftershall thebe wordmailed “within”to andany beforemortgage theholder wordat “days”, the wordaddress “tenprovided (10)”for andin insertingparagraph the1 wordof “thirtythis (30)”;subsection.
8.At the time of mailing of the statement of costs to any property owner or mortgage holder, the municipal clerk shall obtain a receipt of mailing from the postal service, the receipt of which shall indicate the date of mailing and the name and address of the mailee;
On Page 10, Line 10 1/2, by inserting a new subsection E to read as follows and by7. relettering subsequent subsection:
“E.When full payment is made to the municipal clerk for actual abatement costs incurred and billed in accordance with paragraph 6 of this subsection, the municipal clerk shall send the property owner and any mortgage holder by mail a receipt for such payment;
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Thebut provisionsif payment attributable to the actual quarterly costs of thissuch sectionabatement shallis not applymade towithin propertysix in(6) probatemonths orfrom anythe individualdate propertyof listedthe onmailing of the Nationalstatement Registerto the owner of Historicsuch Places.”;property, a lien in the actual amount of the abatement shall be filed against the abandoned building.
Until finally paid, the costs and 9.the interest thereon shall be the personal obligation of the property owner from and after the date the notice of lien was filed with the county SENATE FLOOR VERSION - SB400 SFLR Page 5 (Bold face denotes Committee Amendments) clerk.
ByIn amendingaddition, the titlecosts toand conform.the interest thereon shall be a lien against the property from the date the notice of lien was filed with the county clerk.
SubmittedThe by:lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property.
_______________________The Senatorlien Colemanshall Coleman-YG-FA-SB400continue 3/9/2026until 2:41the PMcost (Flooris Amendmentsfully Only)paid. Date and Time Filed:
UntimelyA Amendmentmineral Cycleinterest, Extendedif Secondarysevered Amendmentfrom the surface interest and not owned by the surface owner, shall not be subject to any lien created pursuant to this section.
Upon receiving full payment, the municipal clerk shall forward to the county clerk a notice of discharge of the lien.
C.
Any owner or mortgage holder of any building determined by the governing body of the municipality to be an abandoned building pursuant to this section may petition the governing body in writing at any time after such determination for removal of such building from the abandoned building list maintained by the municipal clerk.
Any such petition shall be filed with the municipal clerk.
Within thirty (30) days after such petition is filed with the municipal clerk, the governing body shall hold a hearing to determine if the building is no longer an abandoned building.
Upon such a determination, the governing body shall order the building removed from the abandoned building list.
The municipal clerk shall comply with such order by removing the building from the abandoned building list;
provided, the real property on which the abandoned building is SENATE FLOOR VERSION - SB400 SFLR Page 6 (Bold face denotes Committee Amendments) located and the owner of such building shall remain liable for payment of any and all abatement costs incurred by the municipality prior to the determination and order by the governing body that the building should be removed from the abandoned building list.
Upon full payment of any costs certified against the property, the municipal clerk shall file a release of the notice of the lien in the county clerk’s office within ten (10) days after receiving such payment.
D.
The governing body may designate, by ordinance, an administrative officer or administrative body of the municipality to carry out any or all of the duties of the governing body specified in this section.
The property owner shall have the right of appeal to the governing body from any order of the administrative officer or administrative body.
Such appeal shall be taken by filing a written notice of appeal with the municipal clerk within ten (10) days after the administrative order is delivered or mailed to the owner at the address shown in the county treasurer records.
E.
For purposes of this section:
1.
“Abandoned building” means any building that is located within the municipality that is not currently occupied and has been declared unsecured, or dilapidated, or unoccupied pursuant to Section 22-112 or 22-112.1 of Title 11 of the Oklahoma Statutes this title or Section 2 of this act and remains in such condition;
and SENATE FLOOR VERSION - SB400 SFLR Page 7 (Bold face denotes Committee Amendments) 2.
“Owner” means the owner of record as shown by the most current tax roles rolls of the county treasurer.
F.
The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
G.
The officers, employees or agents of the municipality shall not be liable for any damages or loss of property due to the abatement of the public nuisance caused by an abandoned building performed pursuant to the provisions of this section or as otherwise provided by law.
SECTION 2.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 22-112.6 of Title 11, unless there is created a duplication in numbering, reads as follows:
A.
A municipal governing body may declare buildings within its municipal limits to be unoccupied and subject to abatement, as provided in Section 22-112.4 of Title 11 of the Oklahoma Statutes, if such buildings:
1.
Have remained unoccupied for a continuous period of three hundred sixty-five (365) days or more and remain in such condition;
2.
Cause increased municipal regulatory costs and increased municipal police and fire protection costs;
and 3.
Devalue abutting and nearby real properties.
B.
At least ten (10) days’ notice that a building is to be declared unoccupied shall be given to the owner of the property before the governing body holds a hearing.
A copy of the notice SENATE FLOOR VERSION - SB400 SFLR Page 8 (Bold face denotes Committee Amendments) shall be posted on the property to be affected.
In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year’s tax rolls in the office of the county treasurer.
Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last-known address of the mortgagee.
At the time of mailing of notice to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication as defined in Section 1-102 of Title 11 of the Oklahoma Statutes.
The notice may be published once not less than ten (10) days prior to any hearing or action by the municipality pursuant to the provisions of this section.
C.
A hearing shall be held by the governing body to determine if the property meets the criteria provided in subsection A of this section.
The property owner or mortgage holder may present evidence at such hearing that he or she is actively working to remediate any concerns with the status of the property.
If the governing body determines that the condition of the property meets such criteria, the governing body may begin abatement of the property pursuant to SENATE FLOOR VERSION - SB400 SFLR Page 9 (Bold face denotes Committee Amendments) the provisions of Section 22-112.4 of Title 11 of the Oklahoma Statutes.
D.
The municipality may designate, by ordinance, an administrative officer or administrative body to carry out the duties of the governing body specified in this section.
The property owner shall have the right of appeal to the municipal governing body from any order of the administrative officer or administrative body.
Such appeal shall be taken by filing written notice of appeal with the municipal clerk within ten (10) days after the administrative order is rendered.
E.
For the purposes of this section:
1.
“Owner” means the owner of record as shown by the most current tax rolls of the county treasurer;
and 2.
“Unoccupied” means a building located within the municipality that:
a.
is not being utilized as a place of residence or business, or b.
has no current tenant or occupant.
SECTION 3.
This act shall become effective November 1, 2025.
COMMITTEE REPORT BY:
COMMITTEE ON LOCAL AND COUNTY GOVERNMENT March 4, 2025 - DO PASS AS AMENDED SENATE FLOOR VERSION - SB400 SFLR Page 10 (Bold face denotes Committee Amendments)
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Action History
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Placed on General Order
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Title stricken
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Reported Do Pass as amended Local and County Government committee; CR filed
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Coauthored by Representative Luttrell (principal House author)
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Second Reading referred to Local and County Government
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Authored by Senator Coleman
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First Reading
Sponsors
- Bill Coleman · Primary
- Ken Luttrell · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 149 not signed on
Sponsors (2)
- Bill Coleman Republican
- Ken Luttrell Republican
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Unaffiliated | 0 | 0 | 0 | 1 |
| Total | 9 | 0 | 0 | 1 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| STRIKE THE TITLE - ADOPTED | — | Not Voting |
| Nikki Nice | Democrat | Yea |
| Regina Goodwin | Democrat | Yea |
| Brenda Stanley | Republican | Yea |
| Dana Prieto | Republican | Yea |
| George Burns | Republican | Yea |
| Jack Stewart | Republican | Yea |
| Jerry Alvord | Republican | Yea |
| Kendal Sacchieri | Republican | Yea |
| Warren Hamilton | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 400?
- SB 400 is sponsored by Bill Coleman (Republican) and Ken Luttrell (Republican).
- What is the current status of SB 400?
- This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.
- Where can I track SB 400?
- Track SB 400 free on One Click Politics — get push/email alerts when it moves.
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