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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 858 By: Dugger of the Senate
and
Talley of the House
An Act relating to counties and county officers;
requiring that a county clerk and a county treasurer
shall keep the personal informat ion of law
enforcement officers confidential; defining term;
requiring law enforcement official to obtain an order
of a court to keep personal information confidential;
directing the office upon receipt of the order to
keep information confidential and not to disclose
unless under certain circumstances; amending Section
1, Chapter 219, O.S.L. 2019 (68 O.S. Supp. 2020,
Section 2899.1), which relates to requests from law
enforcement organizations to keep personal
information confidential; removing certain
limitation; providing for codification; and providing
an effective date.
AUTHOR: Add the following House Coauthor: Manger
AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
"An Act relating to counties and county o fficers;
amending 19 O.S. 2011, Section 339, as last amended
by Section 1, Chapter 396, O.S.L. 2019 (19 O.S.
Supp. 2020, Section 339), which relates to powers of
county commissioners; authorizing expenditures of
certain federal funding; construing language ; and
declaring an emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 339, as last
amended by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. Supp. 2020,
Section 339), is amended to read as follows:
Section 339. A. The board of county commissioners shall have
power:
1. To make all orders respecting the real property of the
county, to sell the public grounds of the county and to purchase
other grounds in lieu thereof; and f or the purpose of carrying out
the provisions of this section it shall be sufficient to convey all
the interests of the county in those grounds when an order made for
the sale and a deed is executed in the name of the county by the
chair of the board of co unty commissioners, reciting the order, and
signed by the chair and acknowledged by the county clerk for and on
behalf of the county;
2. To audit the accounts of all officers having the care,
management, collection or disbursement of any money belonging t o the
county or appropriated for its benefit;
3. To construct and repair bridges and to open, lay out and
vacate highways; provided, however, that when any state institution,
school or department shall own, lease or otherwise control land on
both sides of any established highway, the governing board or body
of the same shall have the power to vacate, alter or relocate the
highway adjoining the property in the following manner:
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If it should appear that it would be to the best use and
interest of the institu tion, school or department to vacate, alter
or relocate such highway, the governing board or body shall notify
the board of county commissioners, in writing, of their intention to
hold a public hearing and determine whether to vacate, alter or
relocate the highway, setting forth the location and terminals of
the road, and all data concerning the proposed right -of-way if
changed or relocated, and shall give fifteen (15) days' notice of
the hearing by publication in some newspaper in the county or
counties in which the road is located, and the hearing shall be held
at the county seat of the county in which the road is located, and
if a county line road, may be heard in either county. At the
hearing testimony may be taken, and any protests or suggestions
shall be received as to the proposed measure, and at the conclusion
thereof if the governing board or body shall find that it would be
to the best use and interest of the institution, school or
department, and the public generally, they may make an appropriate
order either vacating, altering or relocating the highway, which
order shall be final if approved by the board of county
commissioners. The institution, school or department may by
agreement share the cost of changing any such road. No property
owner shall be denied access to a public highway by the order;
4. To recommend or sponsor an employee or prospective employee
for job-related training and certification in an area that may
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require training or certification to comply with state or federal
law as such training or certification is provided by the Department
of Transportation, the Federal Highway Administration, or any other
state agency, technology center school, or university;
5. To approve a continuing education program for full -time
county employees with at least five (5) consecutive years of service
to the county. Such programs shall consist of courses offered by
colleges and universities that are members of The Oklahoma State
System of Higher Education. Such programs shall require that
employees maintain at least an A or B average in order to qualify
for one hundred percent (100%) reimbursement. Employees who
maintain passing or satisfactory grades shall qualify for seventy -
five percent (75%) reimbursement under such programs. Such programs
shall require that documentation from colleges and universities
regarding courses completed, credits earned and tuition charged be
submitted to a board of county commissioners within ninety (90) days
after the completion of courses. General applications an d request
forms for such programs shall be submitted to a board of county
commissioners or an appropriate human resources department prior to
the conclusion of a county's current fiscal year. Employees who
elect to participate in such programs shall conti nue to meet the
full responsibilities of their positions, and participation shall
not interfere with availability for scheduled work or negatively
affect work performance. In order to be eligible for participation
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in such programs, employees shall not hav e been formally disciplined
within one (1) year prior to submitting their program application.
A board of county commissioners shall be authorized to establish a
program requiring a one -year commitment of service to the county
from individuals who partici pate in such programs. Under such
programs, employees shall only be eligible to receive tuition
reimbursements in exchange for employment with the county lasting at
least one (1) year;
6. Until January 1, 1983, to furnish necessary blank books,
plats, blanks and stationery for the clerk of the district court,
county clerk, register of deeds, county treasurer and county judge,
sheriff, county surveyor and county attorney, justices of the peace,
and constables, to be paid for out of the county treasury; als o a
fireproof vault sufficient in which to keep all the books, records,
vouchers and papers pertaining to the business of the county;
7. To set off, organize and change the boundaries of townships
and to designate and give names therefor; provided, that t he
boundaries of no township shall be changed within six (6) months
next preceding a general election;
8. To lease tools, apparatus, machinery or equipment of the
county to another political subdivision or a state agency. The
Association of County Commis sioners of Oklahoma and the Oklahoma
State University Center for Local Government Technology together
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shall establish a system of uniform rates for the leasing of such
tools, apparatus, machinery and equipment;
9. To jointly, with other counties, buy heav y equipment and to
loan or lease such equipment across county lines;
10. To develop personnel policies for the county with the
approval of a majority of all county elected officers, as evidenced
in the minutes of a meeting of the board of county commissio ners or
the county budget board;
11. To purchase, rent, or lease -purchase uniforms, safety
devices and equipment for the officers and employees of the county.
The county commissioners may pay for any safety training or safety
devices and safety equipment out of the general county funds or any
county highway funds available to the county commissioners;
12. To provide incentive awards for safety -related job
performance. However, no employee shall be recognized more than
once per calendar year and the awar d shall not exceed the value of
Two Hundred Fifty Dollars ($250.00); further, no elected official
shall be eligible to receive a safety award;
13. To provide for payment of notary commissions, filing fees,
and the cost of notary seals and bonds;
14. To do and perform other duties and acts that the board of
county commissioners may be required by law to do and perform;
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15. To make purchases at a public auction pursuant to the
county purchasing procedures in subsection D of Section 1505 of this
title;
16. To deposit interest income from highway funds in the
general fund of the county;
17. To submit sealed bids for the purchase of equipment from
this state, or any agency or political subdivision of this state;
18. To utilize county -owned equipment, labor and supplies at
their disposal on property owned by the county, public schools, two -
year colleges or technical branches of colleges that are members of
The Oklahoma State System of Higher Education, the state and
municipalities according to the provisions of Section 36-113 of
Title 11 of the Oklahoma Statutes. Cooperative agreements may be
general in terms of routine maintenance or specific in terms of
construction and agreed to and renewed on an annual basis. Work
performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
Statutes shall comply with the provisions of this section;
19. To enter into intergovernmental cooperative agreements with
the federally recognized Indian tribes within this state to address
issues of construction and maintenance of streets, roads, bridges
and highways exclusive of the provisions of Section 1221 of Title 74
of the Oklahoma Statutes;
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20. To execute hold harmless agreements with the lessor in the
manner provided by subsection B of Section 636.5 of Title 69 of the
Oklahoma Statutes when leasing or lease -purchasing equipment;
21. To accept donations of right -of-way or right-of-way
easements pursuant to Section 381 et seq. of Title 60 of the
Oklahoma Statutes;
22. To establish by resolution the use of per diem for spe cific
purposes in accordance with the limitations provided by Sections
500.8 and 500.9 of Title 74 of the Oklahoma Statutes;
23. To apply to the Department of Environmental Quality for a
waste tire permit to bale waste tires for use in approved
engineering projects;
24. To enter into the National Association of Counties (NACo)
Prescription Drug Discount Program;
25. To work with federal, state, municipal, and public school
district properties in an effort to minimize cost to such entities;
26. To provide incentive awards to employees for participating
in voluntary wellness programs which result in improved health.
Incentive awards may be created by the Wellness Council set forth in
Section 1302 of this title;
27. To establish a county employee benefit program to encourage
outstanding performance in the workplace. Monies may be expended
for the purchase of recognition awards for presentation to an
employee or members of a work unit; and
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28. To trade in equipment to a vendor or on statewide contract
by acquiring used equipment values pursuant to subsection B of
Section 421.1 of this title ; and
29. To expend federal funds made available to a county of the
state through the federal Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Pub.L. 116 –136, or similar relief funds
according to the permissible uses of the applicable federal
legislation or guidance issued by any federal agency thereof,
regardless of any lack of specific state statutory authorization to
perform the duties or functions for which the federal government has
provided the funds. The expenditure of the funds in accordance with
the federal legislation or guidance issued by any federal agency
thereof shall be at the discretion of the board of county
commissioners of the county.
The receipt of funding through the CARES Act or similar relief
funds shall not be considered a supplemental appropriation and shall
be exempt from the requirements of Section 1420 of this title. In
the event the period allotted for expenditure of federal fu nds
crosses fiscal years, said funds shall not be considered revenue
when setting the county's budget for the next fiscal year .
B. The county commissioners of a county or, in counties where
there is a county budget board, the county budget board may
designate money from general county funds for the designated purpose
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of drug enforcement and drug abuse prevention programs within the
county.
C. When any lease or lease purchase is made on behalf of the
county by the board pursuant to the provisions of this s ection, the
county shall be allowed to have trade -in values for transactions
involving the Oklahoma Central Purchasing Act.
D. In order to timely comply with the Oklahoma Vehicle License
and Registration Act with regard to county vehicles, the board of
county commissioners may, by resolution, create a petty cash
account. The board of county commissioners may request a purchase
order for petty cash in an amount necessary to pay the expense of
license and registration fees for county motor vehicles. Any
balance in the petty cash account after the license and registration
fees have been paid shall be returned to the account or fund from
which the funds originated. The county purchasing agent shall be
the custodian of the petty cash account, and the petty ca sh account
shall be subject to audit.
E. When the board of county commissioners approves an express
trust, pursuant to Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes, for the purpose of operating a county jail, the
trustees of the public trust may appoint commissioned peace
officers, certified by the Council on Law Enforcement Education and
Training, to provide security for inmates that are required to be
transported outside of the detention facility, and investigate
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violations of law with in the detention facility. Other personnel
necessary to operate the jail may be employed and trained or
certified as may be required by applicable state or federal law.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. "
Passed the House of Representatives the 21st day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 858 By: Dugger of the Senate
and
Talley of the House
An Act relating to coun ties and county officers;
requiring that a county clerk and a county treasurer
shall keep the personal information of law
enforcement officers confidential; defining term;
requiring law enforcement official to obtain an order
of a court to keep personal in formation confidential;
directing the office upon receipt of the order to
keep information confidential and not to disclose
unless under certain circumstances; amending Section
1, Chapter 219, O.S.L. 2019 (68 O.S. Supp. 2020,
Section 2899.1), which relates to requests from law
enforcement organizations to keep personal
information confidential; removing certain
limitation; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 243.1 of Title 19, unless there
is created a duplication in numbering, reads as follows:
A. All law enforcement organizations in this state shall be
permitted to request to a county clerk that personal information
regarding law enforcement officers not be made publicly available on
the Internet, but instead kept in a secure location at a county
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clerk’s office where it may be made available to the authorized
persons pursuant to law.
B. For purposes of this section, “personal information ” shall
mean:
1. The home address of a person;
2. The home address of the spouse, domestic partner or minor
child of a person; and
3. Any telephone number or electronic mail address of a person.
C. Any law enforcement official who wishes to have the personal
information of an officer that is contained in the records of a
county clerk be kept confidential must obtain an order of a court
that requires the county clerk to mainta in the personal information
of the person or entity in a confidential manner. Such an order
must be based on a sworn affidavit by the law enforcement official,
which affidavit:
1. States that the individual whose information is to be kept
confidential is an officer; and
2. Sets forth sufficient justification for the request for
confidentiality.
Upon receipt of such an order, a county clerk shall keep such
information confidential and shall not disclose the confidential
information to anyone not specifica lly authorized by law to view the
information, unless disclosure is specifically authorized in writing
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by that person or the affiant. A county clerk shall not post such
confidential information on the Internet.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 625.1 of Title 19, unless there
is created a duplication in numbering, reads as follows:
A. All law enforcement organizations in this state shall be
permitted to request to a county tr easurer that personal information
regarding law enforcement officers not be made publicly available on
the Internet, but instead kept in a secure location at a county
treasurer’s office where it may be made available to the authorized
persons pursuant to l aw.
B. For purposes of this section, “personal information ” shall
mean:
1. The home address of a person;
2. The home address of the spouse, domestic partner or minor
child of a person; and
3. Any telephone number or electronic mail address of a person.
C. Any law enforcement official who wishes to have the personal
information of an officer that is contained in the records of a
county treasurer be kept confidential must obtain an order of a
court that requires the county treasurer to maintain the perso nal
information of the person or entity in a confidential manner. Such
an order must be based on a sworn affidavit by the law enforcement
official, which affidavit:
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1. States that the individual whose information is to be kept
confidential is an officer; and
2. Sets forth sufficient justification for the request for
confidentiality.
Upon receipt of such an order, a county treasurer shall keep
such information confidential and shall not disclose the
confidential information to anyone not specifically auth orized by
law to view the information, unless disclosure is specifically
authorized in writing by that person or the affiant. A county
treasurer shall not post such confidential information on the
Internet.
SECTION 5. AMENDATORY Section 1, Chapter 219, O.S.L.
2019 (68 O.S. Supp. 2020, Section 2899.1), is amended to read as
follows:
Section 2899.1. A. All law enforcement organizations in the
this state of Oklahoma shall be permitted to request to a county
assessor that personal i nformation regarding undercover or covert
law enforcement officers not be made publicly available on the
Internet, but instead kept in a secure location at a county
assessor’s office where it may be made available to authorized
persons pursuant to law.
B. For purposes of this section, “personal information” shall
mean:
1. The home address of a person;
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2. The home address of the spouse, domestic partner or minor
child of a person; and
3. Any telephone number or electronic mail address of a person.
C. Any law enforcement official who wishes to have the personal
information of an undercover or covert officer that is contained in
the records of a county assessor be kept confidential must obtain an
order of a court that requires the county assessor to mainta in the
personal information of the person or entity in a confidential
manner. Such an order must be based on a sworn affidavit by the law
enforcement official, which affidavit:
1. States that the individual whose information is to be kept
confidential is an undercover or covert officer; and
2. Sets forth sufficient justification for the request for
confidentiality.
Upon receipt of such an order, a county assessor shall keep such
information confidential and shall not disclose the confidential
information to anyone not specifically authorized by law to view the
information, unless disclosure is specifically authorized in writing
by that person or the affiant. A county assessor shall not post
such confidential information on the Internet.
SECTION 6. This act shall become effective November 1, 2021.
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Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives