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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 3255 By: Nollan
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38	38	AS INTRODUCED
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40	40	An Act relating to counties and county officers;
41	41	amending 19 O.S. 2021, Section 339, which relates to
42	42	general powers of commissioners; authorizing
43	43	commissioners to determine years of service that
44	44	qualify certain employees for continuing education
45	45	programs; modifying courses offered; a nd providing an
46	46	effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 19 O.S. 20 21, Section 339, is
54	54	amended to read as follows:
55	55	Section 339. A. The board of county commissioners shall have
56	56	power:
57	57	1. To make all orders respecting the real property of the
58	58	county, to sell the public grounds of the count y and to purchase
59	59	other grounds in lieu t hereof; and for the purpose of carrying out
60	60	the provisions of this section it shall be sufficient to convey all
61	61	the interests of the county in those grounds when an order made for
62	62	the sale and a deed is executed in the name of the county by the
63	63	chair of the board of county commissioners, reciting the ord er, and
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90	90	signed by the chair and acknowledged by the county clerk for and on
91	91	behalf of the county;
92	92	2. To audit the accounts of all officers having the care,
93	93	management, collection or disbursement of any mone y belonging to the
94	94	county or appropriated for its benefit;
95	95	3. To construct and repair bridges and to open, lay out and
96	96	vacate highways; provided, however, that when any state institution,
97	97	school or department shall own, lease or otherwise control land on
98	98	both sides of any established highway, the govern ing board or body
99	99	of the same shall have the power to vacate, alter or relocate the
100	100	highway adjoining the property in the following manner:
101	101	If it should appear that i t would be to the best use and
102	102	interest of the institution, school or department to vacate , alter
103	103	or relocate such highway, the governing board or body shall notify
104	104	the board of county commissioners, in writing, of their intention to
105	105	hold a public hearing and determine whether to vacate, alter or
106	106	relocate the highway, setting forth the location and terminals of
107	107	the road, and all data concerning the proposed right -of-way if
108	108	changed or relocated, and shall give fifteen (15) days ' notice of
109	109	the hearing by publication in some newspaper in the county o r
110	110	counties in which the road is located, and the hearing shall be held
111	111	at the county seat of the county in which the road is located, and
112	112	if a county line road, may be heard in either county. At the
113	113	hearing testimony may be taken, and any protests or sugg estions
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140	140	shall be received as to the proposed meas ure, and at the conclusion
141	141	thereof if the governing board or body shall find that it would be
142	142	to the best use and interest of the institution, school or
143	143	department, and the public generally, they may make an appropriate
144	144	order either vacating, altering or r elocating the highway, which
145	145	order shall be final if approved by the board of county
146	146	commissioners. The institution, school or department may by
147	147	agreement share the cost of changing any such road. No prope rty
148	148	owner shall be denied access to a public high way by the order;
149	149	4. To recommend or sponsor an employee or prospective employee
150	150	for job-related training and certification in an area that may
151	151	require training or c ertification to comply with state or fede ral
152	152	law as such training or certification is prov ided by the Department
153	153	of Transportation, the Federal Highway Administration, or any other
154	154	state agency, technology center school, or university;
155	155	5. To approve determine the years of service required for any
156	156	full-time county employee to qualify for a continuing education
157	157	program for full-time county employees with at least five (5)
158	158	consecutive years of service to the county . Such programs shall may
159	159	consist of courses offered by colleges and universities that a re
160	160	members of The Oklahoma State System of Higher Education as well as
161	161	any other in-state or out-of-state programs or courses which are
162	162	relevant to the employee 's responsibilities as approved by the
163	163	county commissioners. Such programs shall require that e mployees
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190	190	maintain at least an A or B average in o rder to qualify for one
191	191	hundred percent (100%) reimbursement. Employees who maintain
192	192	passing or satisfactory grades shall qualify for seventy -five
193	193	percent (75%) reimbursement under such programs. Such prog rams
194	194	shall require that documentation from colleg es and universities
195	195	regarding courses completed, credits earned and tuition charged be
196	196	submitted to a board of county commissioners within ninety (90) days
197	197	after the completion of courses. General applicati ons and request
198	198	forms for such programs shall be submitted to a board of county
199	199	commissioners or an appropriate human resources department prior to
200	200	the conclusion of a county 's current fiscal year. Employees who
201	201	elect to participate in such programs shall continue to meet the
202	202	full responsibilities of th eir positions, and participation shall
203	203	not interfere with availability for scheduled work or negatively
204	204	affect work performance. In order to be eligible for parti cipation
205	205	in such programs, employees shall n ot have been formally disciplined
206	206	within one (1) year prior to submitting their program application.
207	207	A board of county commissioners shall be authorized to establish a
208	208	program requiring a one -year commitment of service to the county
209	209	from individuals who p articipate in such programs. Under such
210	210	programs, employees shall only be eligible to receive tuition
211	211	reimbursements in exchange for employment with the county lasting at
212	212	least one (1) year;
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239	239	6. Until January 1, 1983, to furnish necessary blank books,
240	240	plats, blanks and stationery for the clerk of the di strict court,
241	241	county clerk, register of deeds, county treasurer and county judge,
242	242	sheriff, county surveyor and county attorney, justices of the peace,
243	243	and constables, to be paid for out of the county treasur y; also a
244	244	fireproof vault sufficient in which to keep all the books, records,
245	245	vouchers and papers pertaining to the business of the county;
246	246	7. To set off, organize and change the boundaries of townships
247	247	and to designate and give names therefor; provided, that the
248	248	boundaries of no township shall be chang ed within six (6) months
249	249	next preceding a general election;
250	250	8. To lease tools, apparatus, machinery or equipment of the
251	251	county to another political subdivision or a state agency. The
252	252	Association of County Commissioners of Oklahoma and the Oklahoma
253	253	State University Center for Local Government Technology together
254	254	shall establish a system of uniform rates for the leasing of such
255	255	tools, apparatus, machinery and equipm ent;
256	256	9. To jointly, with other counties, bu y heavy equipment and to
257	257	loan or lease such equip ment across county lines;
258	258	10. To develop personnel policies for the county with the
259	259	approval of a majority of all county elected officers, as evidenced
260	260	in the minutes of a meeting of the board of county com missioners or
261	261	the county budget board;
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288	288	11. To purchase, rent, or lease -purchase uniforms, safety
289	289	devices and equipment for the officers and employees of the county.
290	290	The county commissioners may pay for any safe ty training or safety
291	291	devices and safety equ ipment out of the general county funds or any
292	292	county highway funds available to the county commissioners;
293	293	12. To provide incentive awards for safety -related job
294	294	performance. However, no employee shall be recogn ized more than
295	295	once per calendar year and th e award shall not exceed the value of
296	296	Two Hundred Fifty Dollars ($250.00); further, no elected official
297	297	shall be eligible to receive a safety award;
298	298	13. To provide for payment of notary commissions, filing fees,
299	299	and the cost of notary seals and bonds;
300	300	14. To do and perform other duties and acts that th e board of
301	301	county commissioners may be required by law to do and perform;
302	302	15. To make purchases at a public auction pursuant to the
303	303	county purchasing procedures i n subsection D of Section 1505 of this
304	304	title;
305	305	16. To deposit interest income from highway fu nds in the
306	306	general fund of the county;
307	307	17. To submit sealed bids for the purchase of equipment from
308	308	this state, or any agency or political subdivision of this sta te;
309	309	18. To utilize county-owned equipment, labor and supplies at
310	310	their disposal on property owned by the county, public schools, two -
311	311	year colleges or technical branches of colleges that are members of
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338	338	The Oklahoma State System of Higher Education, the sta te and
339	339	municipalities according to the provi sions of Section 36-113 of
340	340	Title 11 of the Oklaho ma Statutes. Cooperative agreements may be
341	341	general in terms of routine maintenance or specific in terms of
342	342	construction and agreed to and renewed on an annual bas is. Work
343	343	performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
344	344	Statutes shall comply with the provisions of this section;
345	345	19. To enter into intergovernmental cooperative agreements with
346	346	the federally recognized Indian tribes within this state to address
347	347	issues of construction and mainte nance of streets, roads, bridges
348	348	and highways exclusive of the provisions of Section 1221 of Title 74
349	349	of the Oklahoma Statutes;
350	350	20. To execute hold harmless agreements with the lessor in the
351	351	manner provided by s ubsection B of Section 636.5 of Title 69 of the
352	352	Oklahoma Statutes when leasing or lease -purchasing equipment;
353	353	21. To accept donations of right -of-way or right-of-way
354	354	easements pursuant to Section 381 et seq. of Title 60 of the
355	355	Oklahoma Statutes;
356	356	22. To establish by resolution the use of per diem f or specific
357	357	purposes in accordance with the limit ations provided by Sections
358	358	500.8 and 500.9 of Title 74 of the Oklahoma Statutes;
359	359	23. To apply to the Department of Environmental Quality for a
360	360	waste tire permit to bale waste tires for use in approved
361	361	engineering projects;
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388	388	24. To enter into the National Association of Counties (NACo)
389	389	Prescription Drug Discount Program;
390	390	25. To work with federal, state, municipal, and public school
391	391	district properties in an effort to minimize cost to such entities;
392	392	26. To provide incentive awards to employees for partici pating
393	393	in voluntary wellness programs which result in improved health.
394	394	Incentive awards may be created by the Wellness Council set forth in
395	395	Section 1302 of this t itle;
396	396	27. To establish a county employee be nefit program to encourage
397	397	outstanding performanc e in the workplace. Monies may be expended
398	398	for the purchase of recognition awards for presentation to an
399	399	employee or members of a work unit; and
400	400	28. To trade in equipment to a vendor or on statewide contra ct
401	401	by acquiring used equipment values pursuant to subsection B of
402	402	Section 421.1 of this title.
403	403	B. The county commissioners of a county or, in counties where
404	404	there is a county budget board, the county budget boar d may
405	405	designate money from general county fu nds for the designated purpose
406	406	of drug enforcement and drug abuse prevention programs within the
407	407	county.
408	408	C. When any lease or lease purchase is made on behalf of the
409	409	county by the board pursuant to the provision s of this section, the
410	410	county shall be allow ed to have trade in values for transactions
411	411	involving the Oklahoma Central Purchasing Act.
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438	438	D. In order to timely comply with the Oklahoma Vehicle License
439	439	and Registration Act with regard to county vehicles, the board of
440	440	county commissioners may, by resolu tion, create a petty cash
441	441	account. The board of county commissioners may request a purchase
442	442	order for petty cash in an amount necessary to pay the expense of
443	443	license and registration fees for county motor vehicl es. Any
444	444	balance in the petty cash account a fter the license and registration
445	445	fees have been paid shall be returned to the account or fund from
446	446	which the funds originated. The county purchasing agent shall be
447	447	the custodian of the petty cash account, and t he petty cash account
448	448	shall be subject to au dit.
449	449	E. When the board of county commissioners a pproves an express
450	450	trust, pursuant to Sections 176 through 180.4 of Title 60 of the
451	451	Oklahoma Statutes, for the purpose of operating a county jail, the
452	452	trustees of the public trust may appoint commissioned pe ace
453	453	officers, certified by the Council on Law Enf orcement Education and
454	454	Training, to provide security for inmates that are required to be
455	455	transported outside of the detention facility, and investigate
456	456	violations of law within the detention facility. Other personnel
457	457	necessary to operate the jail may be e mployed and trained or
458	458	certified as may be required by applicable state or federal law.
459	459	SECTION 2. This act shall become effective November 1, 2 022.
460	460
461	461	58-2-9053 MJ 12/28/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3255 Compare Versions