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3 | + | SENATE FLOOR VERSION - HB3045 SFLR Page 1 | |
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30 | + | April 13, 2022 | |
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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 3045 By: Talley of the House | |
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5 | 36 | and | |
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7 | 38 | Kidd of the Senate | |
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12 | 43 | An Act relating to counties; amending 19 O.S. 2021, | |
13 | 44 | Section 421.2, which relates to the s ale, trade, and | |
14 | 45 | disposition of county equipment; clarifying the | |
15 | 46 | applicability of a prohibition on when the board of | |
16 | 47 | county commissioners can deem property as surplus; | |
17 | 48 | and providing an effective date . | |
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22 | - | SUBJECT: Counties | |
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24 | 53 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA: | |
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26 | 54 | SECTION 1. AMENDATORY 19 O.S. 2021, Section 421.2, is | |
27 | 55 | amended to read as follows : | |
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29 | 56 | Section 421.2 A. A unanimous vote of the board of county | |
30 | 57 | commissioners may transfer any machinery, equipment or vehicle | |
31 | 58 | belonging to the county , which is deemed by the board to be surplus, | |
32 | 59 | to a political subdivision of the state which is in need of such | |
33 | 60 | machinery, equipment or vehicle. Upon such transfer, the subject | |
34 | 61 | property shall be removed from the inventory of the county. | |
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36 | 62 | B. Except as otherwise provided in this section, the board of | |
37 | 63 | county commissioners shall not deem any property to be surplus | |
38 | 64 | during the period when the elections of any two county commissioners | |
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39 | 92 | occur at the same time. This prohibition shall only apply to the | |
40 | 93 | property in use by and/or recorded on the inventory of the district | |
41 | 94 | of the county commissione r(s), the elections of which are set for | |
42 | 95 | the same date and not the remaining county officers. The | |
43 | 96 | prohibition of declaring county property or material surplus shall: | |
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45 | 97 | 1. Begin thirty (30) days before the filing period for the | |
46 | - | elections of any two or more county commissioners in a county; and ENR. H. B. NO. 3045 Page 2 | |
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98 | + | elections of any two or more county commissioners in a county; and | |
48 | 99 | 2. End the day after two or more county commissioners are sworn | |
49 | 100 | in as such. | |
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51 | 101 | C. If two or more incumbents draw no opponents or if two or | |
52 | 102 | more incumbent county commissioners both win reelection, either at | |
53 | 103 | the primary, special, or general electi on, the prohibition of | |
54 | 104 | declaring county property or material surplus until the swearing in | |
55 | 105 | of county officials shall be removed and the county may disp ose of | |
56 | 106 | surplus property as provided in subsection A of this section. | |
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58 | 107 | D. When the political subdivision r eceiving such property | |
59 | 108 | declares same to be surplus, the governing body shall give written | |
60 | 109 | notice to the county of its intent to transfer such property back to | |
61 | 110 | the county. The board of county commissioners shall have up to | |
62 | 111 | fifteen (15) days from the date o f receipt of such notice to either | |
63 | 112 | accept or reject the property. The political subdivision shall | |
64 | 113 | transfer such property back to the county only if th e board of | |
65 | 114 | county commissioners agrees to accept the property or the board | |
66 | 115 | fails to respond within the fi fteen-day time period. | |
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68 | 143 | SECTION 2. This act shall become effective November 1, 2022. | |
69 | - | ENR. H. B. NO. 3045 Page 3 | |
70 | - | Passed the House of Representatives the 22nd day of March, 2022. | |
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75 | - | Presiding Officer of the House | |
76 | - | of Representatives | |
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79 | - | Passed the Senate the 20th day of April, 2022. | |
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84 | - | Presiding Officer of the Senate | |
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87 | - | OFFICE OF THE GOVERNOR | |
88 | - | Received by the Office of the Governor this ____________________ | |
89 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
90 | - | By: _________________________________ | |
91 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
92 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
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95 | - | _________________________________ | |
96 | - | Governor of the State of Oklahoma | |
97 | - | ||
98 | - | OFFICE OF THE SECRETARY OF STATE | |
99 | - | Received by the Office of the Secretary of State this __________ | |
100 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
101 | - | By: _________________________________ | |
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144 | + | COMMITTEE REPORT BY: COMMITTEE ON RULES | |
145 | + | April 13, 2022 - DO PASS |