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ENGROSSED HOUSE
BILL NO. 1066 By: Talley of the House
and
Alvord of the Senate
An Act relating to county commissioners; amending 19
O.S. 2021, Section 421.2 , as amended by Section 1,
Chapter 51, O.S.L. 2022 (19 O.S. Su pp. 2022, Section
421.2), which relates to transfer of surplus
machinery, equipment, or vehicles; clarifying
prohibition on deeming property as surplus; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 421.2, as
amended by Section 1, Chapter 51, O.S.L. 2022 (19 O.S. Supp. 2022,
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 The board
of county commissioners shall not deem any property to be surplus
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during the period when t he 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 the district
of the county commissioner(s), the elections of which are set for
the same date and not the remaining county officers. This
prohibition shall cease to apply to any property in use by and/or
recorded on the inventory of the district of any individual
incumbent county commissioner who draws no opponent or who wins
reelection at either the primary or general election. 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
2. End Except as otherwise provided in this section, end the
day after two or more county commissioners are sworn in as such.
C. If two or more incumbents dr aw no opponents or if two or
more incumbent county commissioners both win reelection, either at
the primary, special, or general election, the prohibition of
declaring county property or material surplus until the swearing in
of county officials shall be r emoved and the county may disp ose of
surplus property as provided in subsection A of this section.
D. When the political subdivision receiving such property
declares same to be surplus, the governing body shall give written
notice to the county of its in tent to transfer such property back to
the county. The board of county commissioners shall have up to
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fifteen (15) days from the date of receipt of such notice to either
accept or reject the property. The political subdivision shall
transfer such propert y 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 fifteen-day time period.
SECTION 2. This act shall become effective November 1, 2023.
Passed the House of Representatives the 1st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate