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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 2990 By: Bush
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38	38	AS INTRODUCED
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40	40	An Act relating to counties and county officers;
41	41	authorizing counties to adopt, amend , repeal and
42	42	enforce rules, regulations, policies and codes;
43	43	authorizing punishment for violation; authorizing
44	44	expenditure of federal fu nds; imposing restrictions
45	45	related to certain business a ctivity; providing for
46	46	applicability of home rule pr ovisions; authorizing
47	47	execution of certain documents; providing fo r effect
48	48	of rules, policies or regulations with respect to
49	49	State Auditor and Inspe ctor; requiring distri ct
50	50	attorney to provide certain legal services; providing
51	51	for codification; and providing an effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new section of l aw to be codified
58	58	in the Oklahoma Statutes as Section 339.9 of Title 19, unless there
59	59	is created a duplication in numbering, reads as follo ws:
60	60	A. The board of county commiss ioners shall have the power to:
61	61	1. In the conduct of county business, adopt, amen d, repeal, and
62	62	enforce rules, regulations, policies, procedures and codes necessary
63	63	or proper to carry out the duties, responsibilities and functions of
64	64	the county which are not otherwise specifically prohibited by an y
65	65	rule or law of this state;
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92	92	2. Prescribe punishment for the enforcement of a violation of
93	93	an existing and/or adopted public safety and/or public nuisance
94	94	rule, code or regulation adopted pursuant to this subsect ion and
95	95	which shall not exceed the maxim um limitations for misdemeanors;
96	96	3. Adopt, amend, repeal, and enforce rules, regulations,
97	97	policies, resolutions and codes necessary to est ablish, discharge
98	98	and enforce the administrative, operat ional, fiscal, and public
99	99	safety duties and responsibilities of county government as
100	100	determined by the board of county commissioners not specifically
101	101	prohibited by any rule or law of this state ;
102	102	4. Adopt, amend, repeal and enforce rules, regulations,
103	103	policies, and codes which create and/or authorize to create programs
104	104	and services in the elected offices and divisions of county
105	105	government determined by the b oard of county commissioners to be the
106	106	responsibilities of county government and in the best interest,
107	107	safety and welfare of the citizens of the county , exclusive of
108	108	matters related to public health , and not specifically prohibit ed by
109	109	any rule or law of this state;
110	110	5. Create or authorize to be created or presented to the voters
111	111	of the county the establishment of assessment d istricts, economic
112	112	development initiatives, sales and/or property tax incentive zones
113	113	and capital improveme nt projects and initiatives not specifically
114	114	prohibited by any rule or law of th is state;
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141	141	6. Adopt, amend or repeal actions which can create and manage
142	142	boards, authorities, commissions, committees or trusts deemed
143	143	necessary to carry out the duties and r esponsibilities of county
144	144	government not specifically prohibited by any rule or law of this
145	145	state; and
146	146	7. Expend federal funds made available to the c ounty of the
147	147	state according to the permissible uses of the applicable federal
148	148	legislation or guidance is sued by any federal agency thereof
149	149	regardless of any lack of specific state statutory authorization to
150	150	perform the duties or functions for which the fe deral government has
151	151	provided the funds. The expenditure of the funds in accordanc e with
152	152	the federal legislation or guidance issued by any federal agency
153	153	thereof shall be at the discretion o f the board of county
154	154	commissioners of the county.
155	155	B. No provisions of this section shall authorize a county to
156	156	adopt or enact any action which regulates the business ac tivity of
157	157	any legal entity which is subject to the regulatory jurisdiction of
158	158	any state agency, board, commission , department or other entity of
159	159	state government, including, but not limited to, the Oklahoma
160	160	Corporation Commission .
161	161	C. In order for a county to authorize a home rule form of
162	162	government, the provisions of Section 8.1 et seq. of Title 19 of the
163	163	Oklahoma Statutes shall be the exclusive method for such
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190	190	authorization. No provisions of this section shall authorize a
191	191	county to create a home rule form of government for the county.
192	192	D. A county may enter such contracts, agreements , memoranda of
193	193	understanding, or execute such other documents, inc luding, but not
194	194	limited to, applications, in order to give full effect and
195	195	enforcement of any rule, regulation, policy, program or code adopted
196	196	pursuant to the authority of this section.
197	197	E. No provision of this section shall authorize a county to
198	198	adopt rules, policies or regulations which would exempt or attempt
199	199	to exempt the county fro m being in compliance wit h any and all
200	200	rules, regulations, statutes, and policies of financial accounting,
201	201	financial controls, recordkeeping, and auditing which is required
202	202	under the authority of the State Auditor and Inspector.
203	203	F. It shall be the respo nsibility of the district attorney for
204	204	the county to provide any and all legal services necessary in the
205	205	preparation of any policy, procedure, rule, code or regulation which
206	206	the board of county commissioners wants to consider adopting.
207	207	SECTION 2. This act shall become effective Novemb er 1, 2022.
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209	209	58-2-8392 MAH 11/08/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2990 Compare Versions