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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2360 By: Burns of the House
and
Hall of the Senate
COMMITTEE SUBSTITUTE
An Act relating to countie s and county officers;
amending 19 O.S. 2011, Section 130.7, as amended by
Section 1, Chapter 103, O.S.L. 2015 (19 O.S. Supp.
2020, Section 130.7), which relates to county
government personnel education and training;
requiring certain hours of training for county
officers; requiring certain training for county
officers elected after certain date; requiring
certain training for current county officers;
requiring certain continuing education; requiring
training for county deputies; amending 19 O.S. 2011,
Section 166, which relates to forfeiture of travel
allowance; providing for forfeiture of monthly travel
allowance for failure to complete training
requirements; requiring written notification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 130.7, as
amended by Section 1, Chapter 103, O.S.L. 2015 (19 O.S. Supp. 2020,
Section 130.7), is amended to read as follows:
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Section 130.7 A. Each county commissioner, county clerk,
county treasurer, and court clerk holding office on May 11, 1982
elected or appointed after November 1, 2021 , and those elected
thereafter and the deputies of such elected county officers shall be
required to participate in the appropriate training programs, as
defined in subsection B of this section, and educational seminars
relevant to their positions and duties conducted pursuant to
Sections 130.1 through 130.7 of this title. In addition, county
sheriffs and county assessors may attend the training programs
specified in this section , within ninety (90) days after the general
election of his or her first term of office, to attend and complete
the orientation training provided through or approved by the County
Training Program of the Cooperative Extension Service at Oklahoma
State University.
B. Appropriate training programs shall include those programs
provided by the Cooperative Extension Service at Oklahoma State
University 1. Each county commissioner, cou nty clerk and county
treasurer elected or appointed after November 1, 2021, shall be
required to obtain a Basic Certification by the end of his or her
first term, an Advanced I Certification by the end of his or her
second term, and an Advanced II Certific ation by the end of his or
her third term prescribed by and provided through the County
Training Program of the Cooperative Extension Service at Oklahoma
State University.
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2. Each county commissioner, county clerk and county treasurer
holding office on No vember 1, 2021, shall obtain:
a. Basic Certification by November 1, 2025, if still
holding the same office,
b. Advanced I Certification by November 1, 2029, if still
holding the same office, and
c. Advanced II Certification by November 1, 2033, if
still holding the same office.
C. At the discretion of the County Training Program of the
Cooperative Extension Service at Oklahoma State University, current,
approved training hours accumulated through previous terms shall
apply toward Basic, Advanced I and Adva nced II certifications.
D. 1. Each court clerk elected or appointed after November 1,
2021, shall complete the required hours to obtain his or her
certificate through the County Training Program of the Cooperative
Extension Service at Oklahoma State Univ ersity by the end of his or
her first term. Each county assessor and county sheriff elected or
appointed after November 1, 2021, shall obtain his or her
certificate through the County Training Program of the Cooperative
Extension Service at Oklahoma State University by the end of his or
her second term. By discretion of the County Training Program of
the Cooperative Extension Service at Oklahoma State University,
current, approved training hours accumulated through previous terms
shall apply toward certif icate hours.
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2. Court clerks holding office November 1, 2021, shall complete
the required hours to obtain their certificate through the County
Training Program of the Cooperative Extension Service at Oklahoma
State University by November 1, 2025, if stil l holding the same
office. Each county assessor and county sheriff holding office on
November 1, 2021, shall obtain his or her certificate through the
County Training Program of the Cooperative Extension Service at
Oklahoma State University by November 1, 2029, if still holding the
same office. By discretion of the County Training Program of the
Cooperative Extension Service at Oklahoma State University, current,
approved training hours accumulated through previous terms shall
apply toward certificate hou rs.
E. Upon completion of the requirements in subsections A through
D of this section, each county commissioner, county clerk, county
treasurer and county court clerk shall be required to attend six (6)
hours of continuing education per calendar year thro ugh or approved
by the County Training Program of the Cooperative Extension Service
at Oklahoma State University.
F. The deputies of each elected county officer shall
participate in the training and educational seminars relevant to
their positions and dut ies.
SECTION 2. AMENDATORY 19 O.S. 2011, Section 166, is
amended to read as follows:
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Section 166. A. Failure of a county officer to attend any
school, conference or meeting unless excused prior thereto shall
cause the county off icer to forfeit his or her right to the monthly
travel allowance provided by Section 165 of this title for the month
in which such school, conference or meeting is held. The directing
state officer or agency head shall notify the county clerk of the
county of the forfeiture of such county officer.
B. Any county commissioner, county treasurer, county clerk,
county sheriff or county court clerk who fails to complete the
training requirements as outlined in Section 130.7 of this title
shall, but not limited to, forfeit his or her right to receive the
monthly travel allowance provided by Section 165 of this title or
any other penalties authorized by law.
C. The County Training Program Director of the Cooperative
Extension Service at Oklahoma State University shall send written
notification of noncompliance to the county clerk of the county, the
board of county commissioners and the State Auditor and Inspector.
Upon such notification, the board of county commissioners shall not
approve payment of the monthly travel allowance for said county
officer. The monthly travel allowance may be reinstated the
following month once the county officer becomes compliant with the
training requirements. The County Training Program Director of the
Cooperative Extension Servi ce shall send written notification to the
county clerk of the county, the board of county commissioners and
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the State Auditor and Inspector when a county officer reestablishes
compliance with the training requirements.
D. Any county, county officer or dep uty may join his or her
respective state, national or international association, including
but not limited to, the National Association of Counties, the
International Association of Assessors and the International
Association of Clerks, Recorders, Election Officials and Treasurers.
It shall not be mandatory for a county officer or his or her deputy
to attend any meeting, school, institute or conference sponsored or
held by anyone other than a state officer or agency head, but if
funds are available for tra vel to such meeting, school, institute or
conference, either within or outside this state, from funds
appropriated for traveling expenses in addition to the monthly
travel allowance provided by Section 165 of this title, then it
shall be lawful for such tr aveling expenses to be paid from such
travel funds so appropriated to the county officer or his or her
deputies.
SECTION 3. This act shall become effective July 1, 2021.
SECTION 4. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL G OVERNMENT,
dated 02/23/2021 - DO PASS, As Amended and Coauthored.