Oklahoma 2023 Regular Session

Oklahoma House Bill HB1066 Compare Versions

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	29	+	SENATE FLOOR VERSION
	30	+	April 6, 2023
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3	34		BILL NO. 1066 By: Talley and Cantrell of the
4	35		House
5	36
6	37		and
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8	39		Alvord of the Senate
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15	45		An Act relating to county commissioners; amending 19
16	46		O.S. 2021, Section 421.2 , as amended by Section 1,
17	47		Chapter 51, O.S.L. 2022 (19 O.S. Su pp. 2022, Section
18	48		421.2), which relates to transfer of surplus
19	49		machinery, equipment, or vehicles; clarifying
20	50		prohibition on deeming property as surplus; and
21	51		providing an effective date .
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26		-	SUBJECT: County commissioners
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28	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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30	58		SECTION 1. AMENDATORY 19 O.S. 2021, Section 421.2, as
31	59		amended by Section 1, Chapter 51, O.S.L. 2022 (19 O.S. Supp. 2022,
32	60		Section 421.2), is amended to read as follows :
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34	61		Section 421.2 A. A unanimous vote of the board of county
35	62		commissioners may transfer any machinery, equipment or vehicle
36	63		belonging to the county , which is deemed by the board to be surplus,
37	64		to a political subdivision of the state which is in need of such
38	65		machinery, equipment or vehicle. Upon such transfer, the subject
39	66		property shall be removed from the inventory of the county.
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41	94		B. Except as otherwise provided in this section, the The board
42	95		of county commissioners shall not deem any property to be surplus
43	96		during the period when t he elections of any two county commissioners
44	97		occur at the same time. This prohibition shall only apply to the
45	98		property in use by and/or recorded on the inventory of the district
46		-	of the county commissioner(s), the elections of which are set for ~~ENR. H. B. NO. 1066 Page 2~~
	99	+	of the county commissioner(s), the elections of which are set for
47	100		the same date and not the remaining county officers. This
48	101		prohibition shall cease to apply to any property in use by and/or
49	102		recorded on the inventory of the district of any individual
50	103		incumbent county commissioner who draws no opponent or who wins
51	104		reelection at either the primary or general election. The
52	105		prohibition of declaring county property or material surplus shall:
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54	106		1. Begin thirty (30) days before the filing period for the
55	107		elections of any two or more county commissioners in a county; and
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57	108		2. End Except as otherwise provided in this section, end the
58	109		day after two or more county commissioners are sworn in as such.
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60	110		C. If two or more incumbents dr aw no opponents or if two or
61	111		more incumbent county commissioners both win reelection, either at
62	112		the primary, special, or general election, the prohibition of
63	113		declaring county property or material surplus until the swearing in
64	114		of county officials shall be r emoved and the county may disp ose of
65	115		surplus property as provided in subsection A of this section.
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67	116		D. When the political subdivision receiving such property
68	117		declares same to be surplus, the governing body shall give written
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69	145		notice to the county of its in tent to transfer such property back to
70	146		the county. The board of county commissioners shall have up to
71	147		fifteen (15) days from the date of receipt of such notice to either
72	148		accept or reject the property. The political subdivision shall
73	149		transfer such propert y back to the county only if th e board of
74	150		county commissioners agrees to accept the property or the board
75	151		fails to respond within the fifteen-day time period.
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77	152		SECTION 2. This act shall become effective November 1, 2023.
78		-	ENR. H. B. NO. 1066 Page 3
79		-	Passed the House of Representatives the 1st day of March, 2023.
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84		-	Presiding Officer of the House
85		-	of Representatives
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89		-	Passed the Senate the 17th day of April, 2023.
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94		-	Presiding Officer of the Senate
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98		-	OFFICE OF THE GOVERNOR
99		-	Received by the Office of the Governor this ____________________
100		-	day of ___________________, 20_______, at _______ o'clock _______ M.
101		-	By: _________________________________
102		-	Approved by the Governor of the State of Oklahoma this _____ ____
103		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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106		-	_________________________________
107		-	Governor of the State of Oklahoma
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109		-	OFFICE OF THE SECRETARY OF STATE
110		-	Received by the Office of the Secretary of State this __________
111		-	day of ___________________, 20_______, at _______ o'clock _______ M.
112		-	By: _________________________________
	153	+	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
	154	+	April 6, 2023 - DO PASS