An Act
ENROLLED SENATE
BILL NO. 828 By: Murdock of the Senate
and
Newton of the House
An Act relating to counties and county officers;
amending 19 O.S. 2011, Section 180.65, as amended by
Section 1, Chapter 123, O.S.L. 2012 (19 O.S. Supp.
2020, Section 180.65), which relates to deputies and
other help; specifying definition of term; allowing
certain employees to receive salary in excess of
county officer; amending 19 O.S. 2011, Section
180.67, which relates to county salary code; allowing
counties to utilize state pay structure; and
providing an effective date.
SUBJECT: Counties and county o fficers
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 180.65, as
amended by Section 1, Chapter 123, O.S.L. 2012 (19 O.S. Supp. 2020,
Section 180.65), is amended to read as follows:
Section 180.65. A. The officers named in paragraph 1 of
Section 180.61 of this title sh all have such number of regular or
technical deputies, assistants, investigators, evidence persons,
aides, stenographers or reporters, technicians, undersheriffs,
jailers, matrons, handwriting and fingerprint experts, probation
officers, juvenile officers, bailiffs, or other help, whatever title
the principal officer may ascribe to the duties or functions to be
performed as authorized by law and clearly related to the proper
accomplishment of lawful functions, whether on whole or part -time
ENR. S. B. NO. 828 Page 2
basis, at such rates of salary or pay, subject to the provisions of
this section as hereinafter set forth, as the principal officer may
propose and establish the need of and which the county excise board
may approve, for the adequate accomplishment of the functions of the
office and the performance of the duties impose d thereon by law,
with due weight being given to employment on whole or part -time
basis. However, no such employments shall exceed the amount of
lawful funds appropriated for such purpose.
B. Each principal officer named in paragraph 1 of Section
180.61 of this title, except judges, shall designate of record in
the office of the county clerk a first or chief deputy,
undersheriff, or assistant who shall be chargeable with all the
duties of such principal offi cer, while subject to the direction of
the same. The first or chief deputy, undersheriff , or assistant
shall carry on the duties of the office during the absence of the
principal officer or, in the event of the death, removal or
resignation of said princi pal officer, until a successor shall have
qualified. During periods of vacancy of the principal office,
resulting from the death, removal or resignation of the principal
officer, the chief deputy, undersheriff , or assistant shall be
bonded in the same man ner and in the same sum as required for the
principal officer.
C. No deputy, as defined in paragraph 2 of Section 161 of this
title, shall receive a salary in excess of the principal officer.
Any employee employed to perform duties that are not in assistan ce
to a county officer in the performance of the official duties of the
county officer including, but not limited to, specialized or
technical duties, may receive a salary in excess of a county
officer. The salaries set forth in this subsection within th e
limitations shall be such amounts as the pr incipal officer may
propose and establish the need for and which the county excise board
may approve within salary and staffing requirements as may be
prescribed by law. The numerical rank of any deputy or assi stant to
be effective must be by designation of the principal officer by the
signature of the principal officer and filed with the county clerk.
The numerical rank of any deputy or assistant shall be within the
sole discretion of the principal officer.
D. The board of county commissioners shall co ntinue to have the
authority to recommend the total amount of funds that can be used
ENR. S. B. NO. 828 Page 3
for the combined salaries in each of the county offices covered by
this act title. However, the approval of the funding for s uch
offices shall continue to be the responsi bility of the county excise
board. County officers shall have no authority to make salary
commitments beyond the amount of the funding so provided.
E. The county excise board shall meet with each of the
principal officers of the county in budget plannin g conference or
conferences, before July 1 of each year, to discuss personnel needs
for each office for the succeeding fiscal year. The excise board
shall provide the principal officers a tentative estimate of
anticipated revenues for the next fiscal year prior to the budget
planning conferences.
SECTION 2. AMENDATORY 19 O.S. 2011, Section 180.67, is
amended to read as follows:
Section 180.67. It A. Except as otherwise provided in
subsection B of this section, it is hereby declared to be the intent
of the Legislature that this act shall be the comprehensive salary
code for all counties of the state and no county officer in
paragraph 1 of Section 180.61 of this title, or their assistan ts,
deputies, or other employees by whatever title designated, shall
receive any salary or wages except as provided in this act Section
180.58 et seq. of this title.
B. Counties may opt to utilize the appropriate State of
Oklahoma pay structure in lieu o f or in addition to the salary code
referenced in subsection A of this section.
SECTION 3. This act shall become effective November 1, 2021.
ENR. S. B. NO. 828 Page 4
Passed the Senate the 4th day of May, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 19th day of April, 2021.
Presiding Officer of the House
of Representatives
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: _______________________________ __