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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1965 By: Nollan
AS INTRODUCED
An Act relating to counties and county officers;
amending 19 O.S. 2011, Section 339, as last amended
by Section 1, Chapter 396, O.S.L. 20 19 (19 O.S. Supp.
2020, Section 339), which relates to general powers
of commissioners; authorizing commissioners to
determine years of service that qualify certain
employees for continuing education programs;
modifying courses offered; eliminating one -year
lookback limit for certain disciplinary action as
certain condition; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 339, as last
amended by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. Supp. 20 20,
Section 339), is amended to read as follows:
Section 339. A. The board of county commissioners shall have
power:
1. To make all orders respecting the real property of the
county, to sell the public grounds of the county and to purchase
other grounds in lieu thereof; and for the purpose of carrying out
the provisions of this section it shall be sufficient to convey all
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the interests of the county in those grounds when an order made for
the sale and a deed is executed in the name of the county by the
chair of the board of county commissioners, reciting the order, and
signed by the chair and acknowledged by the county clerk for and on
behalf of the county;
2. To audit the accounts of all offi cers having the care,
management, collection or disbursement of any money belonging to the
county or appropriated for its benefit;
3. To construct and repair bridges and to open, lay out and
vacate highways; provided, however, that when any state institut ion,
school or department shall own, lease or otherwise control land on
both sides of any established highway, the governing board or body
of the same shall have the power to vacate, alter or relocate the
highway adjoining the property in the following man ner:
If it should appear that it would be to the best use and
interest of the institution, school or department to vacate, alter
or relocate such highway, the governing board or body shall notify
the board of county commissioners, in writing, of their inte ntion to
hold a public hearing and determine whether to vacate, alter or
relocate the highway, setting forth the location and terminals of
the road, and all data concerning the proposed right -of-way if
changed or relocated, and shall give fifteen (15) days ' notice of
the hearing by publication in some newspaper in the county or
counties in which the road is located, and the hearing shall be held
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at the county seat of the county in which the road is located, and
if a county line road, may be heard in either county. At the
hearing testimony may be taken, and any protests or suggestions
shall be received as to the proposed measure, and at the conclusion
thereof if the governing board or body shall find that it would be
to the best use and interest of the insti tution, school or
department, and the public generally, they may make an appropriate
order either vacating, altering or relocating the highway, which
order shall be final if approved by the board of county
commissioners. The institution, school or departm ent may by
agreement share the cost of changing any such road. No property
owner shall be denied access to a public highway by the order;
4. To recommend or sponsor an employee or prospective employee
for job-related training and certification in an area that may
require training or certification to comply with state or federal
law as such training or certification is provided by the Department
of Transportation, the Federal Highway Administration, or any other
state agency, technology center school, or u niversity;
5. To approve determine the years of service required for full -
time county employees to qualify for a continuing education program
for full-time county employees with at least five (5) consecutive
years of service to the county . Such programs shall may consist of
courses offered by colleges and universities that are members of The
Oklahoma State System of Higher Education as well as any other in -
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state or out-of-state programs or courses which are relevant to the
employee's responsibilities as a pproved by the county commissioners .
Such programs shall require that employees maintain at least an A or
B average in order to qualify for one hundred percent (100%)
reimbursement. Employees who maintain passing or satisfactory
grades shall qualify for seventy-five percent (75%) reimbursement
under such programs. Such programs shall require that documentation
from colleges and universities regarding courses completed, credits
earned and tuition charged be submitted to a board of county
commissioners within ninety (90) days after the completion of
courses. General applications and request forms for such programs
shall be submitted to a board of county commissioners or an
appropriate human resources department prior to the conclusion of a
county's current fiscal year. Employees who elect to participate in
such programs shall continue to meet the full responsibilities of
their positions, and participation shall not interfere with
availability for scheduled work or negatively affect work
performance. In order to be eligible for participation in such
programs, employees shall not have been formally disciplined within
one (1) year prior to submitting their program application. A board
of county commissioners shall be authorized to establish a program
requiring a one-year commitment of service to the county from
individuals who participate in such programs. Under such programs,
employees shall only be eligible to receive tuition reimbursements
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in exchange for employment with the county lasting at least one (1 )
year;
6. Until January 1, 1983, to furnish necessary blank books,
plats, blanks and stationery for the clerk of the district court,
county clerk, register of deeds, county treasurer and county judge,
sheriff, county surveyor and county attorney, justice s of the peace,
and constables, to be paid for out of the county treasury; also a
fireproof vault sufficient in which to keep all the books, records,
vouchers and papers pertaining to the business of the county;
7. To set off, organize and change the boun daries of townships
and to designate and give names therefor; provided, that the
boundaries of no township shall be changed within six (6) months
next preceding a general election;
8. To lease tools, apparatus, machinery or equipment of the
county to another political subdivision or a state agency. The
Association of County Commissioners of Oklahoma and the Oklahoma
State University Center for Local Government Technology together
shall establish a system of uniform rates for the leasing of such
tools, apparatus, machinery and equipment;
9. To jointly, with other counties, buy heavy equipment and to
loan or lease such equipment across county lines;
10. To develop personnel policies for the county with the
approval of a majority of all county elected offic ers, as evidenced
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in the minutes of a meeting of the board of county commissioners or
the county budget board;
11. To purchase, rent, or lease -purchase uniforms, safety
devices and equipment for the officers and employees of the county.
The county commissioners may pay for any safety training or safety
devices and safety equipment out of the general county funds or any
county highway funds available to the county commissioners;
12. To provide incentive awards for safety -related job
performance. However, no employee shall be recognized more than
once per calendar year and the award shall not exceed the value of
Two Hundred Fifty Dollars ($250.00); further, no elected official
shall be eligible to receive a safety award;
13. To provide for payment of nota ry commissions, filing fees,
and the cost of notary seals and bonds;
14. To do and perform other duties and acts that the board of
county commissioners may be required by law to do and perform;
15. To make purchases at a public auction pursuant to the
county purchasing procedures in subsection D of Section 1505 of this
title;
16. To deposit interest income from highway funds in the
general fund of the county;
17. To submit sealed bids for the purchase of equipment from
this state, or any agency or polit ical subdivision of this state;
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18. To utilize county -owned equipment, labor and supplies at
their disposal on property owned by the county, public schools, two -
year colleges or technical branches of colleges that are members of
The Oklahoma State System of Higher Education, the state and
municipalities according to the provisions of Section 36 -113 of
Title 11 of the Oklahoma Statutes. Cooperative agreements may be
general in terms of routine maintenance or specific in terms of
construction and agreed to and renewed on an annual basis. Work
performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
Statutes shall comply with the provisions of this section;
19. To enter into intergovernmental cooperative agreements with
the federally recognized Indi an tribes within this state to address
issues of construction and maintenance of streets, roads, bridges
and highways exclusive of the provisions of Section 1221 of Title 74
of the Oklahoma Statutes;
20. To execute hold harmless agreements with the lessor in the
manner provided by subsection B of Section 636.5 of Title 69 of the
Oklahoma Statutes when leasing or lease -purchasing equipment;
21. To accept donations of right -of-way or right-of-way
easements pursuant to Section 381 et seq. of Title 60 of the
Oklahoma Statutes;
22. To establish by resolution the use of per diem for specific
purposes in accordance with the limitations provided by Sections
500.8 and 500.9 of Title 74 of the Oklahoma Statutes;
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23. To apply to the Department of Environmental Qual ity for a
waste tire permit to bale waste tires for use in approved
engineering projects;
24. To enter into the National Association of Counties (NACo)
Prescription Drug Discount Program;
25. To work with federal, state, municipal, and public school
district properties in an effort to minimize cost to such entities;
26. To provide incentive awards to employees for participating
in voluntary wellness programs which result in improved health.
Incentive awards may be created by the Wellness Council set for th in
Section 1302 of this title;
27. To establish a county employee benefit program to encourage
outstanding performance in the workplace. Monies may be expended
for the purchase of recognition awards for presentation to an
employee or members of a work unit; and
28. To trade in equipment to a vendor or on statewide contract
by acquiring used equipment values pursuant to subsection B of
Section 421.1 of this title.
B. The county commissioners of a county or, in counties where
there is a county budget b oard, the county budget board may
designate money from general county funds for the designated purpose
of drug enforcement and drug abuse prevention programs within the
county.
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C. When any lease or lease purchase is made on behalf of the
county by the board pursuant to the provisions of this section, the
county shall be allowed to have trade in values for transactions
involving The Oklahoma Central Purchasing Act.
D. In order to timely comply with the Oklahoma Vehicle License
and Registration Act with reg ard to county vehicles, the board of
county commissioners may, by resolution, create a petty cash
account. The board of county commissioners may request a purchase
order for petty cash in an amount necessary to pay the expense of
license and registration fees for county motor vehicles. Any
balance in the petty cash account after the license and registration
fees have been paid shall be returned to the account or fund from
which the funds originated. The county purchasing agent shall be
the custodian of the petty cash account, and the petty cash account
shall be subject to audit.
E. When the board of county commissioners approves an express
trust, pursuant to Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes, for the purpose of operating a c ounty jail, the
trustees of the public trust may appoint commissioned peace
officers, certified by the Council on Law Enforcement Education and
Training, to provide security for inmates that are required to be
transported outside of the detention facility, and investigate
violations of law within the detention facility. Other personnel
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necessary to operate the jail may be employed and trained or
certified as may be required by applicable state or federal law.
SECTION 2. This act sall bec ome effective November 1, 2021
58-1-6058 AMM 12/22/20