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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3045 By: Talley
AS INTRODUCED
An Act relating to counties; amending 19 O.S. 2021,
Section 421.2, which relates to the s ale, trade, and
disposition of county equip ment; clarifying the
applicability of a prohibition on when the board of
county commissioners can deem property as surplus;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 421.2, is
amended to read as follows :
Section 421.2 A. A unanimous vote of the board of county
commissioners may transfer any machinery, equipment or vehicle
belonging to the county, which is deemed by the board to be surplus,
to a political subdivision of the state which is in need of such
machinery, equipment or vehicle. Upon such transfer, the subject
property shall be removed from the inventory of the county.
B. Except as otherwise provided in this section, the board of
county commissioners shall not deem any property to be surplus
during the period when the elections of any two county commissioners
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occur at the same time. This prohibition shall only apply to the
property in use by and/or recorded on the inventory of t he district
of the county commissione r(s), the elections of which are set for
the same date and not the remaining county officers. The
prohibition of declaring county property or material surplus shall:
1. Begin thirty (30) days before the filing period for the
elections of any two or more county commissioners in a county; and
2. End the day after two or more county commissioners are sworn
in as such.
C. If two or more incumbents draw no opponents or if two or
more incumbent county commissioners both wi n reelection, either at
the primary, special, or general electi on, the prohibition of
declaring county property or material surplus until the swearing in
of county officials shall be removed and the county may dispose of
surplus property as provided in sub section A of this section.
D. When the political subdivision r eceiving such property
declares same to be surplus, the governing body shall give written
notice to the county of its intent to transfer such property back to
the county. The board of county c ommissioners shall have up to
fifteen (15) days from the date o f receipt of such notice to either
accept or reject the property. The political subdivision shall
transfer such property back to the county only if the board of
county commissioners agrees to accept the property or the board
fails to respond within the fi fteen-day time period.
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SECTION 2. This act shall become effective November 1, 2022.
58-2-9001 MJ 12/30/21