Oklahoma 2022 Regular Session

Oklahoma House Bill HB2233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 2233 By: Sims, McEntire, and Gann of
4		-	the House
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	28	+	STATE OF OKLAHOMA
	29	+
	30	+	2nd Session of the 58th Legislature (2022)
	31	+
	32	+	CONFERENCE COMMITTEE
	33	+	SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 2233 By: Sims of the House
5	36
6	37		and
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8	39		Haste of the Senate
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	46	+	CONFERENCE COMMITTEE SUBSTITUTE
	47	+
15	48		An Act relating to counties and cou nty officers;
16	49		amending 19 O.S. 2021, Section 339, which relates to
17	50		powers of county commissioners; expanding powers of
18	51		the county commissioners; construing language; and
19	52		declaring an emergency .
20	53
21	54
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24		-	SUBJECT: Counties and county officers
25	57
26	58		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
27		-
28	59		SECTION 1. AMENDATORY 19 O.S. 20 21, Section 339, is
29	60		amended to read as follows:
30		-
31	61		Section 339. A. The board of county commissioners shall have
32	62		power:
33		-
34	63		1. To make all orders resp ecting the real property of the
35	64		county, to sell the publ ic grounds of the county and to purchase
36	65		other grounds in lieu thereof; and for the purpose of carrying out
37	66		the provisions of this se ction it shall be sufficient to convey all
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38	93		the interests of the cou nty in those grounds when an order made for
39	94		the sale and a deed is executed in the name of the county by the
40	95		chair of the board of county commissioners, reciting the order, and
41	96		signed by the chair and acknowledged by the county clerk for and on
42	97		behalf of the county;
43		-
44	98		2. To audit the accounts of all officers hav ing the care,
45	99		management, collection or disbursement of any money belonging to the
46		-	county or appropriated for its benefit; ENR. H. B. NO. 2233 Page 2
47		-
	100	+	county or appropriated for its benefit;
48	101		3. To construct and repair bridges and to open, lay out and
49	102		vacate highways; provided, however, that when any state institution,
50	103		school or department shall own, lease or otherwise control land on
51	104		both sides of any established highway, the governing board or body
52	105		of the same shall have the power to vacate, alter or relocate the
53	106		highway adjoining the property in the following manner:
54		-
55	107		If it should appear that it would be to the best use and
56	108		interest of the institution, school or department to vacate, alter
57	109		or relocate such highway, the governing board or body shall notify
58	110		the board of county commissioners, in writing, of their intention to
59	111		hold a public hearing and determine whether to vacate, alter or
60	112		relocate the highway, setting forth the location and terminals of
61	113		the road, and all data concerning the proposed right -of-way if
62	114		changed or relocated, and shall give fifteen (15) days ’ notice of
63	115		the hearing by publication in some newspaper in the county or
64	116		counties in which the road is located, and the hearing shall be hel d
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65	143		at the county seat of the county in which the road is located, an d
66	144		if a county line road, may be heard in either county. At the
67	145		hearing testimony may be taken, and any protests or suggestions
68	146		shall be received as to the proposed measure, and at the conc lusion
69	147		thereof if the governing board or body shall find that it wo uld be
70	148		to the best use and interest of the institution, school or
71	149		department, and the public generally, they may make an appropriate
72	150		order either vacating, altering or relocating the highwa y, which
73	151		order shall be final if approved by the board of county
74	152		commissioners. The institution, school or department may by
75	153		agreement share the cost of changing any such road. No property
76	154		owner shall be denied access to a public highway by the order;
77		-
78	155		4. To recommend or sponsor an employee or prospective employee
79	156		for job-related training and certification in an area that ma y
80	157		require training or certification to comply with state or federal
81	158		law as such training or certification is provided by the Departme nt
82	159		of Transportation, the Federal Highway Administration, or any ot her
83	160		state agency, technology center school, or universit y;
84		-
85	161		5. To approve a continuing education program for full -time
86	162		county employees with at least five (5) consecutive years of service
87	163		to the county. Such programs shall consist of courses offered by
88	164		colleges and universities that are members of The Oklahoma State
89	165		System of Higher Education. Such programs shall require that
90	166		employees maintain at least an A or B average in order to qualif y
91		-	for one hundred percent (100%) reimbursement. Employees who ENR. H. B. NO. 2233 Page 3
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	193	+	for one hundred percent (100%) reimbursement. Employees who
92	194		maintain passing or satisfactory grades shall qualify for se venty-
93	195		five percent (75%) reimbursement under such programs. Such programs
94	196		shall require that documentation from colleges and univer sities
95	197		regarding courses completed, credits earned and tuition char ged be
96	198		submitted to a board of county commissioners with in ninety (90) days
97	199		after the completion of courses. General applications and request
98	200		forms for such programs shall be submitted to a board of county
99	201		commissioners or an appropriate human resources d epartment prior to
100	202		the conclusion of a county ’s current fiscal year. Employees who
101	203		elect to participate in such programs shall continue to meet the
102	204		full responsibilities of their positions , and participation shall
103	205		not interfere with availability for sched uled work or negatively
104	206		affect work performance. In ord er to be eligible for participation
105	207		in such programs, employees shall not have been formally disciplined
106	208		within one (1) year prior to submitting their program application.
107	209		A board of county commissio ners shall be authorized to establish a
108	210		program requiring a one-year commitment of service to the county
109	211		from individuals who participate in such programs. Under such
110	212		programs, employees s hall only be eligible to receive tuition
111	213		reimbursements in exchange for employment with the county lasting at
112	214		least one (1) year;
113		-
114	215		6. Until January 1, 1983, to furnish necessary blank books,
115	216		plats, blanks and stationery for the clerk of the district court,
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116	243		county clerk, register of deeds, county treasurer and county judge ,
117	244		sheriff, county surveyor and county attorney, justices of the peace,
118	245		and constables, to be paid for out of the county treasury; also a
119	246		fireproof vault sufficient in which to keep all the books, records,
120	247		vouchers and papers pertaining to the business of t he county;
121		-
122	248		7. To set off, organize and change the bound aries of townships
123	249		and to designate and give names therefor; provided, that the
124	250		boundaries of no township shall be changed within six (6) months
125	251		next preceding a general election;
126		-
127	252		8. To lease tools, apparatus, machinery or equipment of the
128	253		county to another political subdivision or a state agency. The
129	254		Association of County Commissioners of Oklahoma and the Oklahoma
130	255		State University Center for Local Government Technology together
131	256		shall establish a sys tem of uniform rates for the leasing of such
132	257		tools, apparatus, machinery and equipment;
133		-
134	258		9. To jointly, with other counties, buy heavy equipment and to
135	259		loan or lease such equipment across c ounty lines;
136		-	ENR. H. B. NO. 2233 Page 4
137	260		10. To develop personnel policies for the county with the
138	261		approval of a majority of all county elected office rs, as evidenced
139	262		in the minutes of a meeting of the board of county commissioners or
140	263		the county budget board;
141		-
142	264		11. To purchase, rent, or lease-purchase uniforms, safety
143	265		devices and equipment for the o fficers and employees of the county.
144	266		The county commissioners may pay for any safety training or safety
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145	293		devices and safety equipment out of the general county funds or any
146	294		county highway funds available to the county commissioners;
147		-
148	295		12. To provide incenti ve awards for safety-related job
149	296		performance. However, no employee shall be recognized more than
150	297		once per calendar year and the award shall not exceed the value of
151	298		Two Hundred Fifty Dollar s ($250.00); further, no elected official
152	299		shall be eligible to rece ive a safety award;
153		-
154	300		13. To provide for payment of notar y commissions, filing fees,
155	301		and the cost of notary seals and bonds;
156		-
157	302		14. To do and perform other duties and acts that the board of
158	303		county commissioners may be required by law to do and perform;
159		-
160	304		15. To make purchases at a public auction pursuant to the
161	305		county purchasing procedures in subsection D of Section 1505 of this
162	306		title;
163		-
164	307		16. To deposit interest income from highway funds in the
165	308		general fund of the county;
166		-
167	309		17. To submit sealed bids for the purcha se of equipment from
168	310		this state, or any agency or politi cal subdivision of this state;
169		-
170	311		18. To utilize county -owned equipment, labor and supplies at
171	312		their disposal on property owned by the county, public schools, two -
172	313		year colleges or technical branches of colleges that are members of
173	314		The Oklahoma State System o f Higher Education, the state and
174	315		municipalities according to the provisions of Section 36 -113 of
175	316		Title 11 of the Oklahoma Statutes. Cooperative agreements may be
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176	343		general in terms of routine maintena nce or specific in terms of
177	344		construction and agreed to a nd renewed on an annual basis. Work
178	345		performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
179	346		Statutes shall comply with the provisions of this section;
180		-	ENR. H. B. NO. 2233 Page 5
181	347		19. To enter into intergovernmental co operative agreements with
182	348		the federally recognized India n tribes within this state to address
183	349		issues of construction and maintenance of streets, roads, bridges
184	350		and highways exclusive of the provisions of Section 1221 of Title 74
185	351		of the Oklahoma Statutes;
186		-
187	352		20. To execute hold harmless agreements with the lessor in the
188	353		manner provided by subsection B of Section 636.5 of Title 69 of the
189	354		Oklahoma Statutes when leasing or lease -purchasing equipment;
190		-
191	355		21. To accept donations of right -of-way or right-of-way
192	356		easements pursuant to Section 381 et seq. of Title 60 of the
193	357		Oklahoma Statutes;
194		-
195	358		22. To establish by resolution the use of per diem for specific
196	359		purposes in accordance with the limitations provid ed by Sections
197	360		500.8 and 500.9 of Title 74 of the Oklahoma Statutes ;
198		-
199	361		23. To apply to the Department of Environmental Quali ty for a
200	362		waste tire permit to bale waste tires for use in approved
201	363		engineering projects;
202		-
203	364		24. To enter into the National Association of Counties (NACo)
204	365		Prescription Drug Discount Program;
205	366
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206	392		25. To work with federal, state, municipal , and public school
207	393		district properties in an effort to minimize cost to such entities;
208		-
209	394		26. To provide incentive awards to employees for participating
210	395		in voluntary wellness programs which result in improved health.
211	396		Incentive awards may be created by the Wellness Council set fort h in
212	397		Section 1302 of this title;
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214	398		27. To establish a county employee benefit program to encourage
215	399		outstanding performance in the work place. Monies may be expended
216	400		for the purchase of recognition awar ds for presentation to an
217	401		employee or members of a work unit. Recognition awards may be
218	402		presented at a formal or informal ceremony , banquet, reception or
219	403		luncheon, the cost of which may be expended from monies available in
220	404		the county department 's or division's operating fund; and
221		-
222	405		28. To trade in equipment to a vendor or on statewide contract
223	406		by acquiring used equipment values pursuant to subsection B of
224	407		Section 421.1 of this title ; and
225		-	ENR. H. B. NO. 2233 Page 6
226	408		29. To expend federal funds ma de available to a county of the
227	409		state through the federal Coronavirus Aid, Relief, and Economic
228	410		Security Act (CARES Act), Pub. L. 116–136, or similar relief funds
229	411		according to the permissible uses of the applicable federal
230	412		legislation or guidance issued by any federal agency thereof,
231	413		regardless of any lack of specific state statutory authorization t o
232	414		perform the duties or functions for which the federal government has
233	415		provided the funds. The expenditure of the funds in accordanc e with
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234	442		the federal legislatio n or guidance issued by any federal agency
235	443		thereof shall be at the discretion of the board of county
236	444		commissioners.
237		-
238	445		The receipt of funding through the CARES Act or similar relief
239	446		funds shall not be considered a supplemental app ropriation and shall
240	447		be exempt from the requirements of Section 1420 of this title. In
241	448		the event the period allotted for e xpenditure of federal funds
242	449		crosses fiscal years, such funds shall not be considered revenue
243	450		when setting the county ’s budget for the next fiscal year.
244		-
245	451		B. The county commissioners of a county or, in counties where
246	452		there is a county budget board, the count y budget board may
247	453		designate money from general county funds for the des ignated purpose
248	454		of drug enforcement and drug a buse prevention programs within the
249	455		county.
250		-
251	456		C. When any lease or lease purchase is made on behalf of the
252	457		county by the board pursuant to the provisions of this section, the
253	458		county shall be allowed to have trad e in values for transactions
254	459		involving the Oklahoma Central Purchasing Act.
255		-
256	460		D. In order to timely comply wi th the Oklahoma Vehicle License
257	461		and Registration Act with regard to county v ehicles, the board of
258	462		county commissioners may, by resolution, create a petty cash
259	463		account. The board of county commi ssioners may request a purchase
260	464		order for petty cash in an amo unt necessary to pay the expense of
261	465		license and registration fees for county motor vehicles. Any
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262	492		balance in the petty cash account after the licens e and registration
263	493		fees have been paid shall b e returned to the account or fund from
264	494		which the funds origina ted. The county purchasing agent shall be
265	495		the custodian of the petty cash a ccount, and the petty cash account
266	496		shall be subject to audit.
267		-
268	497		E. When the board of county commissioners approves an e xpress
269	498		trust, pursuant to Sections 176 through 180.4 of Title 60 of the
270		-	Oklahoma Statutes, for the purpose of operating a county jail, the ~~ENR. H. B. NO. 2233 Page 7~~
	499	+	Oklahoma Statutes, for the purpose of operating a county jail, the
271	500		trustees of the public trust may appoint commissioned peace
272	501		officers, certified by the Council on Law Enforcement Edu cation and
273	502		Training, to provide security for inmates that are required to be
274	503		transported outside of the detention facility, and investigat e
275	504		violations of law within the detention facility. Other personnel
276	505		necessary to operate the jail may be employed and trained or
277	506		certified as may be required by applicable state or federal law.
278		-
279	507		SECTION 2. It being immediately necessary for the preservation
280	508		of the public peace, health or safety, an emergency is hereby
281	509		declared to exist, by reason whereof t his act shall take effect and
282	510		be in full force from and after its passage and approval.
283		-	ENR. H. B. NO. 2233 Page 8
284	511
285		-	Passed the House of Representatives the 17th day of May, 2022.
286		-
287		-
288		-
289		-
290		-	Presiding Officer of the House
291		-	of Representatives
292		-
293		-
294		-	Passed the Senate the 19th day of May, 2022.
295		-
296		-
297		-
298		-
299		-	Presiding Officer of the Senate
300		-
301		-
302		-
303		-	OFFICE OF THE GOVERNOR
304		-	Received by the Office of the Governor this ____________________
305		-	day of ___________________, 20_______, at __ _____ o'clock _______ M.
306		-	By: _________________________________
307		-	Approved by the Governor of the State of Oklahoma this _____ ____
308		-	day of ___________________, 20_______, at _______ o'clock _______ M.
309		-
310		-
311		-	_________________________________
312		-	Governor of the State of Oklahoma
313		-
314		-	OFFICE OF THE SECRETARY OF STATE
315		-	Received by the Office of the Secretary of State this __________
316		-	day of ___________________, 20_______, at _______ o'clock _______ M.
317		-	By: _________________________________ ENR. H. B. NO. 2233 Page 9
	512	+	58-2-11500 MJ 05/03/22
318	513