An Act
ENROLLED HOUSE
BILL NO. 3045 By: Talley of the House
and
Kidd of the Senate
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 .
SUBJECT: Counties
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
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
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 commissioner(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 ENR. H. B. NO. 3045 Page 2
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 disp ose 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 th e board of
county commissioners agrees to accept the property or the board
fails to respond within the fi fteen-day time period.
SECTION 2. This act shall become effective November 1, 2022.
ENR. H. B. NO. 3045 Page 3
Passed the House of Representatives the 22nd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________