Oklahoma 2023 Regular Session

Oklahoma House Bill HB1066 Latest Draft

Bill / Enrolled Version Filed 04/18/2023

                            An Act 
ENROLLED HOUSE 
BILL NO. 1066 	By: Talley and Cantrell 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 . 
 
 
 
 
SUBJECT: County commissioners 
 
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 
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  ENR. H. B. NO. 1066 	Page 2 
the same date and not the remaining county officers.  This 
prohibition shall cease to apply to any p roperty 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 mate rial 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 un til 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 
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 becom e effective November 1, 2023. 
  ENR. H. B. NO. 1066 	Page 3 
Passed the House of Representatives the 1st day of March, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 17th day of April, 2023. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
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: _________________________________