Oklahoma 2022 Regular Session

Oklahoma House Bill HB1965 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB1965 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1965 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	March 31, 2021
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1965 By: Nollan of the House
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36	31		and
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38	33		Weaver of the Senate
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43	42		An Act relating to counties and county officers;
44	43		amending 19 O.S. 2011, Section 339, as last amended
45	44		by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. Supp.
46	45		2020, Section 339), which relates to general powers
47	46		of commissioners; authorizing commissioners to
48	47		determine years of service that qualify certain
49	48		employees for continuing education programs;
50	49		modifying courses offered; and providing an effective
51	50		date.
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57	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	59		SECTION 1. AMENDATORY 19 O.S. 2011, Section 339, as last
59	60		amended by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. Supp. 20 20,
60	61		Section 339), is amended to read as follows:
61	62		Section 339. A. The board of county commissioners shall have
62	63		power:
63	64		1. To make all orders respecting the real property of the
64	65		county, to sell the public grounds of the county and to purchase
65	66		other grounds in lieu thereof; and for the purpose of carrying out
66		-	the provisions of this section it shall be sufficient to convey all
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68		-	SENATE FLOOR VERSION - HB1965 SFLR Page 2
69		-	(Bold face denotes Committee Amendments) 1
	68	+	ENGR. H. B. NO. 1965 Page 2 1
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	93	+	the provisions of this section it shall be sufficient to convey all
94	94		the interests of the county in those grounds when an order made for
95	95		the sale and a deed is executed in the name of the county by the
96	96		chair of the board of county commissioners, reciting the ord er, and
97	97		signed by the chair and acknowledged by the county clerk for and on
98	98		behalf of the county;
99	99		2. To audit the accounts of all officers having the care,
100	100		management, collection or disbursement of any money belonging to the
101	101		county or appropriated for its benefit;
102	102		3. To construct and repair bridges and to open, lay out and
103	103		vacate highways; provided, however, that when any state institution,
104	104		school or department shall own, lease or otherwise control land on
105	105		both sides of any established highway, the govern ing board or body
106	106		of the same shall have the power to vacate, alter or relocate the
107	107		highway adjoining the property in the following manner:
108	108		If it should appear that it would be to the best use and
109	109		interest of the institution, school or department to vacate , alter
110	110		or relocate such highway, the governing board or body shall notify
111	111		the board of county commissioners, in writing, of their intention to
112	112		hold a public hearing and determine whether to vacate, alter or
113	113		relocate the highway, setting forth the location and terminals of
114	114		the road, and all data concerning the proposed right -of-way if
115	115		changed or relocated, and shall give fifteen (15) days' notice of
116	116		the hearing by publication in some newspaper in the county or
117		-	counties in which the road is located, and the hearing shall be held
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119		-	SENATE FLOOR VERSION - HB1965 SFLR Page 3
120		-	(Bold face denotes Committee Amendments) 1
	118	+	ENGR. H. B. NO. 1965 Page 3 1
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	143	+	counties in which the road is located, and the hearing shall be held
145	144		at the county seat of the county in which the road is located, and
146	145		if a county line road, may be heard in either county. At the
147	146		hearing testimony may be taken, and any protests or suggestions
148	147		shall be received as to the proposed meas ure, and at the conclusion
149	148		thereof if the governing board or body shall find that it would be
150	149		to the best use and interest of the institution, school or
151	150		department, and the public generally, they may make an appropriate
152	151		order either vacating, altering or r elocating the highway, which
153	152		order shall be final if approved by the board of county
154	153		commissioners. The institution, school or department may by
155	154		agreement share the cost of changing any such road. No property
156	155		owner shall be denied access to a public high way by the order;
157	156		4. To recommend or sponsor an employee or prospective employee
158	157		for job-related training and certification in an area that may
159	158		require training or certification to comply with state or federal
160	159		law as such training or certification is prov ided by the Department
161	160		of Transportation, the Federal Highway Administration, or any other
162	161		state agency, technology center school, or university;
163	162		5. To approve determine the years of service required for full -
164	163		time county employees to qualify for a continuing education program
165	164		for full-time county employees with at least five (5) consecutive
166	165		years of service to the county . Such programs shall may consist of
167	166		courses offered by colleges and universities that are members of The
168		-	Oklahoma State System of Higher Education as well as any other in -
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170		-	SENATE FLOOR VERSION - HB1965 SFLR Page 4
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	168	+	ENGR. H. B. NO. 1965 Page 4 1
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	193	+	Oklahoma State System of Higher Education as well as any other in -
196	194		state or out-of-state programs or courses which are relevant to the
197	195		employee's responsibilities as approved by the county commissioners .
198	196		Such programs shall require that employees maintain at least an A or
199	197		B average in order to qualify for one hundred percent (100%)
200	198		reimbursement. Employees who maintain passing or satisfactory
201	199		grades shall qualify for seventy -five percent (75%) reimbursement
202	200		under such programs. Such programs shall require that documentation
203	201		from colleges and universities regarding courses completed, credits
204	202		earned and tuition charged be submitted to a board of county
205	203		commissioners within ninety (90) days after the completion of
206	204		courses. General applications and request forms for such programs
207	205		shall be submitted to a board of county commissioners or an
208	206		appropriate human resources department prior to the conclusion of a
209	207		county's current fiscal year. Employees who elect to participate in
210	208		such programs shall continue to meet the full responsibilities of
211	209		their positions, and participation shall not interfere with
212	210		availability for scheduled work or negatively affect work
213	211		performance. In order to be eligible for participation in such
214	212		programs, employees shall not have been formally disciplined within
215	213		one (1) year prior to submitting their program application. A board
216	214		of county commissioners shall be authorized to establish a program
217	215		requiring a one-year commitment of service to the county from
218	216		individuals who participate in such programs. Under such programs ,
219		-	employees shall only be eligible to receive tuition reimbursements
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221		-	SENATE FLOOR VERSION - HB1965 SFLR Page 5
222		-	(Bold face denotes Committee Amendments) 1
	218	+	ENGR. H. B. NO. 1965 Page 5 1
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	243	+	employees shall only be eligible to receive tuition reimbursements
247	244		in exchange for employment with the county lasting at least one (1)
248	245		year;
249	246		6. Until January 1, 1983, to furnish necessary blank books,
250	247		plats, blanks and stationery for the clerk of the di strict court,
251	248		county clerk, register of deeds, county treasurer and county judge,
252	249		sheriff, county surveyor and county attorney, justices of the peace,
253	250		and constables, to be paid for out of the county treasury; also a
254	251		fireproof vault sufficient in which to keep all the books, records,
255	252		vouchers and papers pertaining to the business of the county;
256	253		7. To set off, organize and change the boundaries of townships
257	254		and to designate and give names therefor; provided, that the
258	255		boundaries of no township shall be chang ed within six (6) months
259	256		next preceding a general election;
260	257		8. To lease tools, apparatus, machinery or equipment of the
261	258		county to another political subdivision or a state agency. The
262	259		Association of County Commissioners of Oklahoma and the Oklahoma
263	260		State University Center for Local Government Technology together
264	261		shall establish a system of uniform rates for the leasing of such
265	262		tools, apparatus, machinery and equipment;
266	263		9. To jointly, with other counties, buy heavy equipment and to
267	264		loan or lease such equip ment across county lines;
268	265		10. To develop personnel policies for the county with the
269	266		approval of a majority of all county elected officers, as evidenced
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271		-	SENATE FLOOR VERSION - HB1965 SFLR Page 6
272		-	(Bold face denotes Committee Amendments) 1
	268	+	ENGR. H. B. NO. 1965 Page 6 1
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297	293		in the minutes of a meeting of the board of county commissioners or
298	294		the county budget board;
299	295		11. To purchase, rent, or lease -purchase uniforms, safety
300	296		devices and equipment for the officers and employees of the county.
301	297		The county commissioners may pay for any safety training or safety
302	298		devices and safety equipment out of the general county funds or any
303	299		county highway funds available to the county commissioners;
304	300		12. To provide incentive awards for safety -related job
305	301		performance. However, no employee shall be recognized more than
306	302		once per calendar year and the award shall not exceed the value of
307	303		Two Hundred Fifty Dollars ($250.00); further, no elected official
308	304		shall be eligible to receive a safety award;
309	305		13. To provide for payment of notary commissions, filing fees,
310	306		and the cost of notary seals and bonds;
311	307		14. To do and perform other duties and acts that th e board of
312	308		county commissioners may be required by law to do and perform;
313	309		15. To make purchases at a public auction pursuant to the
314	310		county purchasing procedures in subsection D of Section 1505 of this
315	311		title;
316	312		16. To deposit interest income from highway fu nds in the
317	313		general fund of the county;
318	314		17. To submit sealed bids for the purchase of equipment from
319	315		this state, or any agency or political subdivision of this state;
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321		-	SENATE FLOOR VERSION - HB1965 SFLR Page 7
322		-	(Bold face denotes Committee Amendments) 1
	317	+	ENGR. H. B. NO. 1965 Page 7 1
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347	342		18. To utilize county -owned equipment, labor and supplies at
348	343		their disposal on property owned by the county, public schools, two -
349	344		year colleges or technical branches of colleges that are members of
350	345		The Oklahoma State System of Higher Education, the state and
351	346		municipalities according to the provisions of Section 36 -113 of
352	347		Title 11 of the Oklaho ma Statutes. Cooperative agreements may be
353	348		general in terms of routine maintenance or specific in terms of
354	349		construction and agreed to and renewed on an annual basis. Work
355	350		performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
356	351		Statutes shall comply with the provisions of this section;
357	352		19. To enter into intergovernmental cooperative agreements with
358	353		the federally recognized Indian tribes within this state to address
359	354		issues of construction and maintenance of streets, roads, bridges
360	355		and highways exclusive of the provisions of Section 1221 of Title 74
361	356		of the Oklahoma Statutes;
362	357		20. To execute hold harmless agreements with the lessor in the
363	358		manner provided by subsection B of Section 636.5 of Title 69 of the
364	359		Oklahoma Statutes when leasing or lease -purchasing equipment;
365	360		21. To accept donations of right -of-way or right-of-way
366	361		easements pursuant to Section 381 et seq. of Title 60 of the
367	362		Oklahoma Statutes;
368	363		22. To establish by resolution the use of per diem for specific
369	364		purposes in accordance with the limit ations provided by Sections
370	365		500.8 and 500.9 of Title 74 of the Oklahoma Statutes;
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372		-	SENATE FLOOR VERSION - HB1965 SFLR Page 8
373		-	(Bold face denotes Committee Amendments) 1
	367	+	ENGR. H. B. NO. 1965 Page 8 1
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398	392		23. To apply to the Department of Environmental Quality for a
399	393		waste tire permit to bale waste tires for use in approved
400	394		engineering projects;
401	395		24. To enter into the National Association of Counties (NACo)
402	396		Prescription Drug Discount Program;
403	397		25. To work with federal, state, municipal, and public school
404	398		district properties in an effort to minimize cost to such entities;
405	399		26. To provide incentive awards to employees for partici pating
406	400		in voluntary wellness programs which result in improved health.
407	401		Incentive awards may be created by the Wellness Council set forth in
408	402		Section 1302 of this title;
409	403		27. To establish a county employee benefit program to encourage
410	404		outstanding performanc e in the workplace. Monies may be expended
411	405		for the purchase of recognition awards for presentation to an
412	406		employee or members of a work unit; and
413	407		28. To trade in equipment to a vendor or on statewide contract
414	408		by acquiring used equipment values pursuant to subsection B of
415	409		Section 421.1 of this title.
416	410		B. The county commissioners of a county or, in counties where
417	411		there is a county budget board, the county budget board may
418	412		designate money from general county funds for the designated purpose
419	413		of drug enforcement and drug abuse prevention programs within the
420	414		county.
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422		-	SENATE FLOOR VERSION - HB1965 SFLR Page 9
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	416	+	ENGR. H. B. NO. 1965 Page 9 1
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448	441		C. When any lease or lease purchase is made on behalf of the
449	442		county by the board pursuant to the provisions of this section, the
450	443		county shall be allowed to have trade in values for transactions
451	444		involving the Oklahoma Central Purchasing Act.
452	445		D. In order to timely comply with the Oklahoma Vehicle License
453	446		and Registration Act with regard to county vehicles, the board of
454	447		county commissioners may, by resolution, create a petty cash
455	448		account. The board of county commissioners may request a purchase
456	449		order for petty cash in an amount necessary to pay the expense of
457	450		license and registration fees for county motor vehicles. Any
458	451		balance in the petty cash account after the license and registration
459	452		fees have been paid shall be returned to the account or fund from
460	453		which the funds originated. The county purchasing agent shall be
461	454		the custodian of the petty cash account, and the petty cash account
462	455		shall be subject to audit.
463	456		E. When the board of county commissioners a pproves an express
464	457		trust, pursuant to Sections 176 through 180.4 of Title 60 of the
465	458		Oklahoma Statutes, for the purpose of operating a county jail, the
466	459		trustees of the public trust may appoint commissioned peace
467	460		officers, certified by the Council on Law Enf orcement Education and
468	461		Training, to provide security for inmates that are required to be
469	462		transported outside of the detention facility, and investigate
470	463		violations of law within the detention facility. Other personnel
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472		-	SENATE FLOOR VERSION - HB1965 SFLR Page 10
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	465	+	ENGR. H. B. NO. 1965 Page 10 1
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498	490		necessary to operate the jail may be e mployed and trained or
499	491		certified as may be required by applicable state or federal law.
500	492		SECTION 2. This act shall become effective November 1, 2021 .
501		-	COMMITTEE REPORT BY: COMMITTEE ON GENER AL GOVERNMENT
502		-	March 31, 2021 - DO PASS
	493	+	Passed the House of Representatives the 8th day of March, 2021.
	494	+
	495	+
	496	+
	497	+
	498	+	Presiding Officer of the House
	499	+	of Representatives
	500	+
	501	+
	502	+	Passed the Senate the ___ day of __________, 2021.
	503	+
	504	+
	505	+
	506	+
	507	+	Presiding Officer of the Senate
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	509	+