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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 2990 By: Bush
AS INTRODUCED
An Act relating to counties and county officers;
authorizing counties to adopt, amend , repeal and
enforce rules, regulations, policies and codes;
authorizing punishment for violation; authorizing
expenditure of federal fu nds; imposing restrictions
related to certain business a ctivity; providing for
applicability of home rule pr ovisions; authorizing
execution of certain documents; providing fo r effect
of rules, policies or regulations with respect to
State Auditor and Inspe ctor; requiring distri ct
attorney to provide certain legal services; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 339.9 of Title 19, unless there
is created a duplication in numbering, reads as follo ws:
A. The board of county commiss ioners shall have the power to:
1. In the conduct of county business, adopt, amen d, repeal, and
enforce rules, regulations, policies, procedures and codes necessary
or proper to carry out the duties, responsibilities and functions of
the county which are not otherwise specifically prohibited by an y
rule or law of this state;
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2. Prescribe punishment for the enforcement of a violation of
an existing and/or adopted public safety and/or public nuisance
rule, code or regulation adopted pursuant to this subsect ion and
which shall not exceed the maxim um limitations for misdemeanors;
3. Adopt, amend, repeal, and enforce rules, regulations,
policies, resolutions and codes necessary to est ablish, discharge
and enforce the administrative, operat ional, fiscal, and public
safety duties and responsibilities of county government as
determined by the board of county commissioners not specifically
prohibited by any rule or law of this state ;
4. Adopt, amend, repeal and enforce rules, regulations,
policies, and codes which create and/or authorize to create programs
and services in the elected offices and divisions of county
government determined by the b oard of county commissioners to be the
responsibilities of county government and in the best interest,
safety and welfare of the citizens of the county , exclusive of
matters related to public health , and not specifically prohibit ed by
any rule or law of this state;
5. Create or authorize to be created or presented to the voters
of the county the establishment of assessment d istricts, economic
development initiatives, sales and/or property tax incentive zones
and capital improveme nt projects and initiatives not specifically
prohibited by any rule or law of th is state;
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6. Adopt, amend or repeal actions which can create and manage
boards, authorities, commissions, committees or trusts deemed
necessary to carry out the duties and r esponsibilities of county
government not specifically prohibited by any rule or law of this
state; and
7. Expend federal funds made available to the c ounty of the
state according to the permissible uses of the applicable federal
legislation or guidance is sued by any federal agency thereof
regardless of any lack of specific state statutory authorization to
perform the duties or functions for which the fe deral government has
provided the funds. The expenditure of the funds in accordanc e with
the federal legislation or guidance issued by any federal agency
thereof shall be at the discretion o f the board of county
commissioners of the county.
B. No provisions of this section shall authorize a county to
adopt or enact any action which regulates the business ac tivity of
any legal entity which is subject to the regulatory jurisdiction of
any state agency, board, commission , department or other entity of
state government, including, but not limited to, the Oklahoma
Corporation Commission .
C. In order for a county to authorize a home rule form of
government, the provisions of Section 8.1 et seq. of Title 19 of the
Oklahoma Statutes shall be the exclusive method for such
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authorization. No provisions of this section shall authorize a
county to create a home rule form of government for the county.
D. A county may enter such contracts, agreements , memoranda of
understanding, or execute such other documents, inc luding, but not
limited to, applications, in order to give full effect and
enforcement of any rule, regulation, policy, program or code adopted
pursuant to the authority of this section.
E. No provision of this section shall authorize a county to
adopt rules, policies or regulations which would exempt or attempt
to exempt the county fro m being in compliance wit h any and all
rules, regulations, statutes, and policies of financial accounting,
financial controls, recordkeeping, and auditing which is required
under the authority of the State Auditor and Inspector.
F. It shall be the respo nsibility of the district attorney for
the county to provide any and all legal services necessary in the
preparation of any policy, procedure, rule, code or regulation which
the board of county commissioners wants to consider adopting.
SECTION 2. This act shall become effective Novemb er 1, 2022.
58-2-8392 MAH 11/08/21