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Oklahoma Senate Bill SB828

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB828 Compare Versions

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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 828 By: Murdock of the Senate
31+
32+ and
33+
34+ Newton of the House
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36+
37+
38+An Act relating to counties and county officers;
39+amending 19 O.S. 2011, Section 180.65, as amended by
40+Section 1, Chapter 123, O.S.L. 20 12 (19 O.S. Supp.
41+2020, Section 180.65) , which relates to deputies and
42+other help; removing provision for deputy to receive
43+salary in excess of principal officer; amending 19
44+O.S. 2011, Section 180.67, which relates to county
45+salary code; allowing counties to utilize state pay
46+structure; amending 19 O.S. 2011, Section 180.81 ,
47+which relates to deputies and other help; removing
48+provision for deputy to receive a salary in excess of
49+principal officer; amending 19 O.S. 2011, Section
50+180.82, which relates to coun ty salary code; allowing
51+counties to utilize state pay structure; and
52+providing an effective date.
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5-An Act
6-ENROLLED SENATE
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58+AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
59+and replace with:
60+
61+
62+"An Act relating to counties and county officers;
63+amending 19 O.S. 2011, Section 180.65, as amended by
64+Section 1, Chapter 123, O.S.L. 2012 (19 O.S. Supp.
65+2020, Section 180.65), which relates to deputies and
66+other help; specifying definition of term; allowing
67+certain employees to receive salary in excess of
68+county officer; amending 19 O.S. 2011, Section
69+180.67, which relates to county salary code;
70+allowing counties to utilize state pay structure;
71+and providing an effective date.
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101+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102+SECTION 1. AMENDATORY 19 O.S. 2011, Section 180.65, as
103+amended by Section 1, Chapter 123, O.S.L. 2012 (19 O.S. Supp. 2020,
104+Section 180.65), is amended to read as follows:
105+Section 180.65 A. The officers named in paragraph 1 of Section
106+180.61 of this title shall ha ve such number of regular or technical
107+deputies, assistants, investigators, evidence persons, aides,
108+stenographers or reporters, technicians, undersheriffs, jailers,
109+matrons, handwriting and fingerprint experts, probation officers,
110+juvenile officers, baili ffs, or other help, whatever title the
111+principal officer may ascribe to the duties or functions to be
112+performed as authorized by law and clearly related to the proper
113+accomplishment of lawful functions, whether on whole or part -time
114+basis, at such rates of salary or pay, subject to the provisions of
115+this section as hereinafter set forth, as the principal officer may
116+propose and establish the need of and which the county excise board
117+may approve, for the adequate accomplishment of the functions of the
118+office and the performance of the duties imposed thereon by law,
119+with due weight being given to employment on whole or part -time
120+basis. However, no such employments shall exceed the amount of
121+lawful funds appropriated for such purpose.
122+B. Each principal office r named in paragraph 1 of Section
123+180.61 of this title, except judges, shall designate of record in
124+the office of the county clerk a first or chief deputy,
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151+undersheriff, or assistant who shall be chargeable with all the
152+duties of such principal officer, wh ile subject to the direction of
153+the same. The first or chief deputy, undersheriff , or assistant
154+shall carry on the duties of the office during the absence of the
155+principal officer or, in the event of the death, removal or
156+resignation of said principal off icer, until a successor shall have
157+qualified. During periods of vacancy of the principal office,
158+resulting from the death, removal or resignation of the principal
159+officer, the chief deputy, undersheriff , or assistant shall be
160+bonded in the same manner and in the same sum as required for the
161+principal officer.
162+C. No deputy, as defined paragraph 2 of Section 161 of this
163+title, shall receive a salary in excess of the principal officer.
164+Any employee employed to perform duties that are not in assistance
165+to a county officer in the performance of the official duties of the
166+county officer, including, but not limited to, specialized or
167+technical duties, may receive a salary in excess of a county
168+officer. The salaries set forth in this subsection within the
169+limitations shall be such amounts as the principal officer may
170+propose and establish the need for and which the county excise board
171+may approve within salary and staffing requirements as may be
172+prescribed by law. The numerical rank of any deputy or assistant to
173+be effective must be by designation of the principal officer by the
174+signature of the principal officer and filed with the county clerk.
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201+The numerical rank of any deputy or assistant shall be within the
202+sole discretion of the principal officer.
203+D. The board of county commissioners shall continue to have the
204+authority to recommend the total amount of funds that can be used
205+for the combined salaries in each of the county offices covered by
206+this act title. However, the approval of the funding for such
207+offices shall continue to be the responsibility of the county excise
208+board. County officers shall have no authority to make salary
209+commitments beyond the amount of the funding so provided.
210+E. The county excise board shall meet with each of the
211+principal officers of the county in budget planning conference or
212+conferences, before July 1 of each year, to discuss personnel needs
213+for each office for the succeeding fiscal year. The excise board
214+shall provide the principal officers a tentative estimate of
215+anticipated revenues for the next fiscal year prior to the budget
216+planning conferences.
217+SECTION 2. AMENDATORY 19 O.S. 2011, Section 180.67, is
218+amended to read as follows:
219+Section 180.67 It A. Except as otherwise provided in
220+subsection B of this section, it is hereby declared to be the intent
221+of the Legislature that this act shall be the comprehensive salary
222+code for all counties of the state and no county officer in
223+paragraph 1 of Section 180.61 of this title, or their assistants,
224+deputies, or other employees by whatever title designated, shall
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251+receive any salary or wages except as provided in this act Section
252+180.58 et seq. of this title.
253+B. Counties may opt to utilize the appropriate State of
254+Oklahoma pay structure in lieu of or in addit ion to the salary code
255+referenced in subsection A of this section .
256+SECTION 3. This act shall become effective November 1, 2021. "
257+Passed the House of Representatives the 19th day of April, 2021.
258+
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261+
262+
263+Presiding Officer of the House of
264+ Representatives
265+
266+
267+Passed the Senate the ____ day of __________, 2021.
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273+Presiding Officer of the Senate
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301+ENGROSSED SENATE
7302 BILL NO. 828 By: Murdock of the Senate
8303
9304 and
10305
11306 Newton of the House
12307
13308
14309
15310
16-
17311 An Act relating to counties and county officers;
18312 amending 19 O.S. 2011, Section 180.65, as amended by
19313 Section 1, Chapter 123, O.S.L. 2012 (19 O.S. Supp.
20314 2020, Section 180.65) , which relates to deputies and
21-other help; specifying definition of term; allowing
22-certain employees to receive salary in excess of
23-county officer; amending 19 O.S. 2011, Section
24-180.67, which relates to county salary code; allowing
315+other help; removing provision for deputy to receive
316+salary in excess of principal officer; amending 19
317+O.S. 2011, Section 180.67, which relates to county
318+salary code; allowing counties to utilize state pay
319+structure; amending 19 O.S. 2011, Section 180.81 ,
320+which relates to deputies and other help; removing
321+provision for deputy to receive a salary in excess of
322+principal officer; amending 19 O.S. 2011, Section
323+180.82, which relates to county salary code; allowing
25324 counties to utilize state pay structure; and
26325 providing an effective date.
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28327
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30329
31-SUBJECT: Counties and county o fficers
32330
33331 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34-
35-SECTION 1. AMENDATORY 19 O.S. 2011, Section 180.65, as
332+SECTION 4. AMENDATORY 19 O.S. 2011, Section 180.65, as
36333 amended by Section 1, Chapter 123, O.S.L. 2012 (19 O.S. Supp. 2020,
37334 Section 180.65), is amended to read as follows:
38-
39335 Section 180.65. A. The officers named in paragraph 1 of
40336 Section 180.61 of this title shall have such number of regular or
41337 technical deputies, assistants, investigators, evidence persons,
42338 aides, stenographers or reporters, technicians, undersheriffs,
43339 jailers, matrons, handwriting and fingerprint experts, probation
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44366 officers, juvenile o fficers, bailiffs, or other help, whatever title
45367 the principal officer may ascribe to the duties or functions to be
46368 performed as authorized by law and clearly related to the proper
47369 accomplishment of lawful functions, whether on whole or part -time
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49-ENR. S. B. NO. 828 Page 2
50370 basis, at such rates of salary or pay, subject to the provisions of
51371 this section as hereinafter set forth, as the principal officer may
52372 propose and establish the need of and which the county excise board
53373 may approve, for the adequate accomplishment of the functions of the
54374 office and the performance of the duties imposed thereon by law,
55375 with due weight being given to employment on whole or part -time
56376 basis. However, no such employments shall exceed the amount of
57377 lawful funds appropriated for such purpose.
58-
59378 B. Each principal officer named in paragraph 1 of Section
60379 180.61 of this title, except judges, shall designate of record in
61380 the office of the county clerk a first or chief deputy,
62381 undersheriff, or assistant who shall be chargeable with all the
63382 duties of such princip al officer, while subject to the direction of
64383 the same. The first or chief deputy, undersheriff , or assistant
65384 shall carry on the duties of the office during the absence of the
66385 principal officer or, in the event of the death, removal or
67386 resignation of said principal officer, until a successor shall have
68387 qualified. During periods of vacancy of the principal office,
69388 resulting from the death, removal or resignation of the principal
70389 officer, the chief deputy, undersheriff , or assistant shall be
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71416 bonded in the same manner and in the same sum as required for the
72417 principal officer.
73-
74-C. No deputy, as defined in paragraph 2 of Section 161 of this
75-title, shall receive a salary in excess of the principal officer.
76-Any employee employed to perform duties that are not in assistan ce
77-to a county officer in the performance of the official duties of the
78-county officer including, but not limited to, specialized or
79-technical duties, may receive a salary in excess of a county
418+C. No deputy shall receive a salary in excess of the principal
80419 officer. The salaries set forth in this subsection within the
81420 limitations shall be such amounts as the principal officer may
82421 propose and establish the need for and which the county excise board
83422 may approve within salary and staffing requirements as may be
84423 prescribed by law. The numerical rank of any deputy or assistant to
85424 be effective must be by designation of the principal officer by the
86425 signature of the principal officer and filed with the county clerk.
87426 The numerical rank of any deputy or assistant shall be within the
88427 sole discretion of the principal officer.
89-
90428 D. The board of county commissioners shall continue to have th e
91429 authority to recommend the total amount of funds that can be used
92-
93-ENR. S. B. NO. 828 Page 3
94430 for the combined salaries in each of the county offices covered by
95431 this act title. However, the approval of the funding for such
96432 offices shall continue to be the responsibility of the cou nty excise
97433 board. County officers shall have no authority to make salary
98434 commitments beyond the amount of the funding so provided.
435+E. The county excise board shall meet with each of the
436+principal officers of the county in budget planning conference or
437+conferences, before July 1 of each year, to discuss personnel needs
438+for each office for the succeeding fiscal year. The excise board
439+shall provide the principal officers a tentative estimate of
99440
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466+anticipated revenues for the next fiscal year prior to the budg et
467+planning conferences.
468+SECTION 5. AMENDATORY 19 O.S. 2011, Section 180.67, is
469+amended to read as follows:
470+Section 180.67. A. It is hereby declared to be the intent of
471+the Legislature that this act shall be the comprehensive sa lary code
472+for all counties of the state and no county officer in paragraph 1
473+of Section 180.61 of this title, or their assistants, deputies, or
474+other employees by whatever title designated, shall receive any
475+salary or wages except as provided in this act Section 180.58 et
476+seq. of this title.
477+B. Counties may opt to utilize the appropriate State of
478+Oklahoma pay structure in lieu of the salary code referenced in
479+subsection A of this section.
480+SECTION 6. AMENDATORY 19 O.S. 2011, Sectio n 180.81, is
481+amended to read as follows:
482+Section 180.81. A. The officers named in paragraph 1 of
483+Section 180.73 of this title shall have such number of regular or
484+technical deputies, assistants, investigators, evidence persons,
485+aides, stenographers or re porters, technicians, undersheriffs,
486+jailers, matrons, handwriting and fingerprint experts, probation
487+officers, juvenile officers, bailiffs , or other help, whatever title
488+the principal officer may ascribe to the duties or functions to be
489+performed as authorized by law and clearly related to the proper
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516+accomplishment of lawful functions, whether on whole or part -time
517+basis, at such rates of salary or pay, subject to the provisions of
518+this section as hereinafter set forth, as the principal officer may
519+propose and establish the need of and which the county excise board
520+may approve, for the adequate accomplishment of the functions of the
521+office and the performance of the duties imposed thereon by law,
522+with due weight being given to employment on whole or part -time
523+basis. However, no such employments shall exceed the amount of
524+lawful funds appropriated for such purpose.
525+B. Each principal officer named in paragraph 1 of Section
526+180.73 of this title, except judges, shall designate of record in
527+the office of the co unty clerk a first or chief deputy or assistant
528+who shall be chargeable with all the duties of such principal
529+officer, while subject to the direction of the same. The first or
530+chief deputy or assistant shall carry on the duties of the office
531+during the absence of the principal officer or, in the event of the
532+death, removal or resignation of said principal officer, until a
533+successor shall have qualified. During periods of vacancy of the
534+principal office, resulting from the death, removal or resignation
535+of the principal officer, the chief deputy or assistant shall be
536+bonded in the same manner and in the same sum as required for the
537+principal officer.
538+C. No deputy shall receive a salary in excess of the principal
539+officer. The salaries set forth in this subs ection within the
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566+limitations shall be such amounts as the principal officer may
567+propose and establish the need for and which the county excise board
568+may approve within salary and staffing requirements as may be
569+prescribed by law. The numerical rank of an y deputy or assistant to
570+be effective must be by designation of the principal officer by the
571+signature of the principal officer and filed with the county clerk.
572+The numerical rank of any deputy or assistant shall be within the
573+sole discretion of the princ ipal officer.
574+D. The board of county commissioners shall continue to have the
575+authority to recommend the total amount of funds that can be used
576+for the combined salaries in each of the county offices covered by
577+this act title. However, the approval of th e funding for such
578+offices shall continue to be the responsibility of the county excise
579+board. County officers shall have no authority to make salary
580+commitments beyond the amount of the funding so provided.
100581 E. The county excise board shall meet with eac h of the
101582 principal officers of the county in budget planning conference or
102583 conferences, before July 1 of each year, to discuss personnel needs
103584 for each office for the succeeding fiscal year. The excise board
104585 shall provide the principal officers a tentativ e estimate of
105586 anticipated revenues for the next fiscal year prior to the budget
106587 planning conferences.
107-
108-SECTION 2. AMENDATORY 19 O.S. 2011, Section 180.67, is
588+SECTION 7. AMENDATORY 19 O.S. 2011, Section 180.82, is
109589 amended to read as follows:
110590
111-Section 180.67. It A. Except as otherwise provided in
112-subsection B of this section, it is hereby declared to be the intent
113-of the Legislature that this act shall be the comprehensive salary
114-code for all counties of the state and no county officer in
115-paragraph 1 of Section 180.61 of this title, or their assistan ts,
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616+Section 180.82. A. It is hereby declared to be the intent of
617+the Legislature that this act shall be the comprehensive salary code
618+for all counties of the state which have approved an exemption of
619+household goods of the heads of families and livestock employed in
620+support of the family pursuant to th e provisions of Section 6 of
621+Article X of the Oklahoma Constitution, and no county officer in
622+paragraph 1 of Section 180.73 of this title, or their assistants,
116623 deputies, or other employees by whatever title designated, shall
117624 receive any salary or wages exc ept as provided in this act Section
118-180.58 et seq. of this title.
119-
625+180.71 et seq. of this title .
120626 B. Counties may opt to utilize the appropriate State of
121-Oklahoma pay structure in lieu o f or in addition to the salary code
122-referenced in subsection A of this section.
123-
124-SECTION 3. This act shall become effective November 1, 2021.
125-
126-
127-ENR. S. B. NO. 828 Page 4
128-Passed the Senate the 4th day of May, 2021.
627+Oklahoma pay structure in lieu of the salary code referenced in
628+subsection A of this section.
629+SECTION 8. This act shall become effective November 1, 2021.
630+Passed the Senate the 10th day of March, 2021.
129631
130632
131633
132634 Presiding Officer of the Senate
133635
134636
135-Passed the House of Representatives the 19th day of April, 2021.
637+Passed the House of Representatives the ____ day of __________,
638+2021.
136639
137640
138641
139642 Presiding Officer of the House
140643 of Representatives
141644
142-OFFICE OF THE GOVERNOR
143-Received by the Office of the Governor this ____________________
144-day of _________________ __, 20_______, at _______ o'clock _______ M.
145-By: ______________________________ ___
146-Approved by the Governor of the State of Oklahoma this _____ ____
147-day of _________________ __, 20_______, at _______ o'clock _______ M.
148645
149- _________________________________
150- Governor of the State of Oklahoma
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153-OFFICE OF THE SECRETARY OF STATE
154-Received by the Office of the Secretary of State this _______ ___
155-day of __________________, 20 _______, at _______ o'clock _______ M.
156-By: _______________________________ __