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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2233 By: Sims of the House
and
Haste of the Senate
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. 2019 (19 O.S. Supp.
2020, Section 339), which relates to powers of county
commissioners; authorizing expenditures of certain
federal funding; construing language; and declaring
an emergency.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to counties and county officers;
amending 19 O.S. 2021, Section 339, which relates to
powers of county commissioners; expanding powers of
the county commissioners ; construing language; and
declaring an emergency .
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 20 21, Section 339, is
amended to read as follows:
Section 339. A. The board of county commissioners shall have
power:
1. To make all orders resp ecting the real property of the
county, to sell the public grounds of the county and to purchase
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other grounds in lieu thereof; and for the purpose of carrying out
the provisions of this section it shall be sufficient to convey all
the interests of the cou nty 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 officers havin g 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 institution,
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 manner:
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 intention 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
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the hearing by publication in some newspaper in the county or
counties in which the road is located, and the hearing shall be held
at the county seat of the county in which the road is located, an d
if a county line road, may be heard in either county. A t 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 wo uld be
to the best use and interest of the institution, sc hool 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 department 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 ot her
state agency, technology center school, or university;
5. To approve a continuing education program for full -time
county employees with at least five (5) consecutive years of service
to the county. Such programs shall consist of courses offered by
colleges and universities that are members of The Oklahoma S tate
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System of Higher Education. 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 seve nty-
five percent (75%) reimbursement under such programs. Such programs
shall require that documentation from colleges and universities
regarding courses completed, credits earned and tuition char ged 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 d epartment 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 sched uled 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 commissio ners 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 in exchange for employment with the county lasting at
least one (1) year;
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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, justices o f 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 t he county;
7. To set off, organize and change the boundar ies 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 sys tem 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 officers , as evidenced
in the minutes of a meeting of the board of county commissioners or
the county budget board;
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11. To purchase, rent, or lease -purchase uniforms, safety
devices and equipment for the o fficers and employees of the county.
The county commissio ners 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 incenti ve 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 rece ive a safety award;
13. To provide for payment of notary 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 purcha se of equipment from
this state, or any agency or politica l subdivision of this state;
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
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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 maintena nce 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 co operative agreements with
the federally recognized Indian 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 ;
23. To apply to the Department of Environmental Quality for a
waste tire permit to bale waste tires for use in approved
engineering projects;
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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 forth 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 awar ds for presentation to an
employee or members of a work un it. Recognition awards may be
presented at a formal or informal ceremony , banquet, reception or
luncheon, the cost of which may be expended from monies available in
the county department 's or division's operating fund; and
28. To trade in equipment to a vend or or on statewide contract
by acquiring used equipment values pursuant to subsection B of
Section 421.1 of this title ;
29. To expend federal funds ma de available to a county of the
state through the federal Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Pub. L. 116–136, or similar relief funds
according to the permissible uses of the applicable federal
legislation or guidance issued by any federal agency thereof,
regardless of any lack of specific state statutory authorization to
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perform the duties or functions for which the federal government has
provided the funds. The expenditure of the funds in accordance with
the federal legislatio n or guidance issued by any federal agency
thereof shall be at the discretion of the board of county
commissioners.
The receipt of funding through the CARES Act or similar relief
funds shall not be considered a supplemental appropriation and shall
be exempt from the requirements of Section 1420 of this title. In
the event the period allotted for expenditure of federal funds
crosses fiscal years, such funds shall not be considered revenue
when setting the county ’s budget for the next fiscal ye ar;
30. In the conduct of county business, to adopt, amend, repeal,
and enforce administrative and operational polici es and procedures
necessary or proper to carry out the administrative, operational,
and fiscal duties, responsibilities, and functions of the county as
determined by the board of county commissioners;
31. In the conduct of county business, to adopt, amend, repeal,
and enforce policies and procedures which create or authorize to be
created programs and services that are recommended to the board of
county commissioners and are in the best interest , safety, and
welfare of the citizens of the county ; and
32. To enter into such contracts, agreements, and memoranda of
understanding or execute such other documents in order to give full
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effect and enforcemen t to any policy or procedure adopted pursuant
to the authority of this section .
B. The county commissioners of a county or, in counties where
there is a county budget board, the county budget board may
designate money from general county funds for the des ignated purpose
of drug enforcement and drug a buse prevention programs within the
county.
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 trad e in values for transactions
involving the Oklahoma Central Purchasing Act.
D. In order to timely comply wi th the Oklahoma Vehicle License
and Registration Act with regard to county vehicles, the board of
county commissioners may, by resolution, create a petty cash
account. The board of county commi ssioners may request a purchase
order for petty cash in an amo unt necessary to pay the expense of
license and registration fees for county motor vehicles. Any
balance in the petty cash account after the licens e and registration
fees have been paid shall b e returned to the account or fund from
which the funds origina ted. 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 e xpress
trust, pursuant to Sections 176 through 180.4 of Title 60 of the
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Oklahoma Statutes, for the purpose of operating a county jail, the
trustees of the public trust may appoint commissioned peace
officers, certified by the Council on Law Enforcement Edu cation 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
necessary to operate the jail may be employed and trained or
certified as may be required by applicable state or federal law.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof t his act shall take effect and
be in full force from and after its passage and approval. ”
Passed the Senate the 26th day of April, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2233 By: Sims of the House
and
Haste of the Senate
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. 2019 (19 O.S. Supp.
2020, Section 339), which relates to powers of county
commissioners; authorizing expenditures of certain
federal funding; construing language; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 19 O.S. 2011, Section 339, as last
amended by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. Supp. 2020,
Section 339), is amended to read as follows:
Section 339. A. The board of county commissioner s shall have
power:
1. To make all orders respe cting 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 su fficient to convey all
the interests of the coun ty in those grounds when an order made for
the sale and a deed is executed in the name of the county by the
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chair of the board of county commissioners, reciting the order, and
signed by the chair and acknowle dged by the county clerk for and on
behalf of the county;
2. To audit the accounts of all officers having the care,
management, collection or disbursement of any money belonging to the
county or appropriated for its benefit;
3. To construct and repair br idges and to open, lay out and
vacate highways; provided, however, that when any state institution,
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 manner:
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 go verning board or body shall notify
the board of county commissioners, in writing, of their intention 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
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
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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 wou ld be
to the best use and interest of the institution, 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 department 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 sp onsor 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 oth er
state agency, technology center school, or university;
5. To approve a continuing education program for full -time
county employees with at least five (5) consecutive years of service
to the county. Such programs shall consist of courses offered by
colleges and universities that are members of The Oklahoma State
System of Higher Education. 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 -
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five percent (75%) reimbursement under such programs. Such programs
shall require that documentation from colleges and universities
regarding courses completed, credits earned and tuition charg ed 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 de partment 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 schedu led 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 pr ogram application.
A board of county commission ers 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 eligibl e to receive tuition
reimbursements 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, justices of the peace,
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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 th e county;
7. To set off, organize and change the boundaries 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, a pparatus, 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 Gover nment Technology together
shall establish a syst em 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 officers, as evidenced
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 of ficers 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 th e county commissioners;
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12. To provide incentiv e 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 recei ve a safety award;
13. To provide for payment of notary 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 m ay 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 co unty;
17. To submit sealed bids for the purchas e of equipment from
this state, or any agency or political subdivision of this state;
18. To utilize county -owned equipment, labor and supplies at
their disposal on property owned by the county, public schoo ls, two-
year colleges or technical branches of c olleges 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 agreeme nts may be
general in terms of routine maintenan ce or specific in terms of
construction and agreed to and renewed on an annual basis. Work
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performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
Statutes shall comply with the provisions of this s ection;
19. To enter into intergovernmental coo perative agreements with
the federally recognized Indian tribes within this state to address
issues of construction and maintenance of streets, roads, bridges
and highways exclusive of the provisions of Secti on 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;
23. To apply to the Department of Environmental Quality 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;
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26. To provide incentive awards to employees for participating
in voluntary wellness prog rams which result in improved health.
Incentive awards may be created by the Wellness Council set forth in
Section 1302 of this title;
27. To establish a county employee benefit program to encourage
outstanding performance in the workplace. Monies may b e expended
for the purchase of recognition award s 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; and
29. To expend federal funds ma de available to a county of the
state through the federal Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Pub.L. 116 –136, or similar relief funds
according to the permissible uses of the appli cable federal
legislation or guidance issued by any federal agency thereof,
regardless of any lack of specific state statutory authorization to
perform the duties or functions for which the federal government has
provided the funds. The expenditure of the funds in accordance with
the federal legislatio n or guidance issued by any federal agency
thereof shall be at the discretion of the board of county
commissioners of the county.
The receipt of funding through the CARES Act or similar relief
funds shall not be considered a supplemental appropriation and shall
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be exempt from the requirements of Section 1420 of this title. In
the event the period allotted for expenditure of federal funds
crosses fiscal years, said funds shall not be considered revenue
when setting the county's budget for the next fiscal ye ar.
B. The county commissioners of a county or, in counties where
there is a county budget board, the county budget board may
designate money from general county funds for the designated purpose
of drug enforcement and drug abuse prevention programs withi n the
county.
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 regard to county vehicles, the board of
county commissioners may, by resolution, create a petty cash
account. The board of county commissioners may request a purchas e
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 f und 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.
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E. When the board of county commissio ners approves an express
trust, pursuant to Sect ions 176 through 180.4 of Title 60 of the
Oklahoma Statutes, for the purpose of operating a county jail, the
trustees of the public trust may appoint commissioned peace
officers, certified by the Council on L aw 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
necessary to operate the jail ma y be employed and trained or
certified as may be required by applicable state or federal law.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, b y reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ d ay of __________, 2021.
Presiding Officer of the Senate