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ENGROSSED SENATE
BILL NO. 775 By: Stewart of the Senate
and
Cantrell of the House
An Act relating to counties and county offic ers;
amending 19 O.S. 2021, Section 339, as amended by
Section 1, Chapter 333, O.S.L. 2022 (19 O.S. Supp.
2022, Section 339), which relates to general powers
of county commissioners; authorizing commissioners to
determine years of service for certain employees for
continuing education programs; expanding courses
offered; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 339, as
amended by Section 1, Chapter 333, O.S.L. 2022 (19 O. S. Supp. 2022,
Section 339), is amende d to read as follows:
Section 339. A. The board of county commissioners shall have
power:
1. To make all orders resp ecting the real prope rty of the
county, to sell the publ ic grounds of the county and to purchase
other grounds in lieu thereof; and for the purpose of carrying out
the provisions of this section it shall be sufficient to convey all
the interests of the cou nty in those grounds when an order made for
the sale and a deed is executed in the name of the coun ty by the
chair of the board of county commissioners, reciting the or der, and
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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 hav ing the care,
management, collection or dis bursement of any money belon ging to the
county or appropriated for it s 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 other wise control land on
both sides of any established highway, the gover ning board or body
of the same shall have the power to vacate, alter or relocate the
highway adjoining the property in the following manner:
If it should appear that it would be to the be st use and
interest of the institution, school or department to vacat e, 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 whethe r to vacate, alter or
relocate the highway, setting forth the locatio n 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 news paper 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, an d
if a county line road, may be heard in either county . At the
hearing testimony may be taken, and any protests or suggestio ns
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shall be received as to the proposed mea sure, and at the conclusion
thereof if the governing board or body shall find that it wo uld be
to the best use and interest of the institution, school or
department, and the public genera lly, they may make an appr opriate
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 hig hway by the order;
4. To recommend or sponsor an employee or prospective employee
for job-related training and certification in an area that ma y
require training or certification to comp ly with state or federal
law as such training or certification is pro vided by the Department
of Transportation, the Federal Highway Administration, or any ot her
state agency, technology center school, or universit y;
5. To approve determine the years of service required for full-
time county employees to qualify for a continuing education program
for full-time county employees with at least five (5) consecutive
years of service to the county . Such programs shall may consist of
courses offered by co lleges and universities that are members of The
Oklahoma State System of Higher Education as well as any other in-
state or out-of-state programs or co urses which are relevant to the
employee’s responsibilities as approved by the county commissioners .
Such programs shall require that employees maintain at least an A or
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B average in order to qualify for one hundred percent (100%)
reimbursement. Employees who maintain passing or satisfactory
grades shall qualify for se venty- five percent (75%) reimbursement
under such programs. Such programs shall require that documentation
from colleges and universities regarding courses completed, credits
earned and tuition char ged be submitted to a board of county
commissioners within ninety (90) days after the completion of
courses. General applications and request forms for such programs
shall be submitted to a board of county commissioners or an
appropriate human resources d epartment prior to the conclusion of a
county’s current fiscal year. Employees who elect to participate in
such programs shall continue to meet the full responsibilities of
their positions, and participation shall not interfere with
availability for sched uled work or negatively affect work
performance. In order to be eligible for participation in such
programs, employees shall not have 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 participate 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;
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6. Until January 1, 1983, to furnish nece ssary 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; also a
fireproof vault sufficient in which t o keep all the books, records,
vouchers and papers pertaining to the business of t he county;
7. To set off, organize and change the bound aries of townships
and to designate and give name s therefor; provided, that the
boundaries of no township shall be cha nged 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 Commissioners of Oklahoma and the Oklahoma
State University Center for Local Government Technology together
shall establish a sys tem of uniform rates for the leasing of such
tools, apparatus, machinery and equipment;
9. To jointly, with other counties, buy heavy equipment and to
loan or lease such equ ipment across county lines;
10. To develop personnel policies for the county with the
approval of a majority of all county elected office rs, as evidenced
in the minutes of a meeting of t he board of county commissioners or
the county budget board;
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11. To purchase, rent, or lease-purchase uniforms, safety
devices and equipment for the o fficers 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 award shall not exceed the value of
Two Hundred Fifty Dollars ($250.00); further, no elected official
shall be eligible to rece ive a safety award;
13. To provide for payment of notar y commissions, filing fees,
and the cost of notar y 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;
15. To make purchases at a public auction pursuant to the
county purchasing procedures in subsection D of Sect ion 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 purcha se of equipment from
this state, or any agency or politi cal subdivision of this state;
18. To utilize county-owned equipment, labor and supplies at
their disposal on propert y owned by the county, public schools, two -
year colleges or technical branches of colleges that are members of
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The Oklahoma State System o f Higher Education, the state and
municipalities according to the provisions of Section 36-113 of
Title 11 of the Okla homa Statutes. Cooperative agreements may be
general in terms of routine maintena nce or specific in terms of
construction and agreed to a nd 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 co operative agreements with
the federally recognized India n 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;
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 specific
purposes in accordance with the lim itations provided by Sections
500.8 and 500.9 of Title 74 of the Oklahoma Statute s;
23. To apply to the Department of Environmental Quali ty for a
waste tire permit to bale waste tires fo r use in approved
engineering projects;
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24. To enter into the Nation al 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 parti cipating
in voluntary wellness programs which result in improved health .
Incentive awards may be created by the Wellness Council set fort h in
Section 1302 of this title;
27. To establish a county employee benefit program to encourage
outstanding performa nce in the workplace. Monies may be expended
for the purchase of recognitio n awards for presentation to an
employee or members of a work unit. Recognition awards may be
presented at a formal or informal ceremony, banquet, reception or
luncheon, the cost of which may be expended from monies available in
the county department ’s or division’s operating fund;
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 tit le; and
29. To expend federal funds ma de 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 fe deral
legislation or guidance issued by any federal agency thereof,
regardless of any lack of specific state statutory authorization t o
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perform the duties or functions for which the federal government has
provided the funds. The expenditure of the funds i n accordance with
the federal legislatio n or guidance issued by any feder al agency
thereof shall be at the discretion of the board of county
commissioners.
The receipt of fundi ng through the CARES Act or similar relief
funds shall not be considered a suppl emental appropriation and shall
be exempt from the requirements of Secti on 1420 of this title. In
the event the period allotted for e xpenditure of federal funds
crosses fiscal years, such 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 count y budget board may
designate money from g eneral county funds for the designated purpose
of drug enforcement and drug a buse 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 section, the
county shall be allowed to have trade in values for transactions
involving the Oklahoma Central Purchasing Act.
D. In order to timely comply wi th the Oklahoma Vehicle License
and Registration Act with regard to county v ehicles, the board of
county commissioners may, by resolution, create a petty cash
account. The board of county commi ssioners may request a purchase
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order for petty cash in an amo unt 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 b e returned to the account or fund from
which the funds origina ted. The county purchasing agent shall be
the custodian of the petty cash a ccount, and the petty cash account
shall be subject to audit.
E. When the board of county commissioners approves an e xpress
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 appo int commissioned peace
officers, certified by the Council on Law Enforcement Edu cation and
Training, to provide security for inmates that are required to be
transported outside of the detention facility, and investigat e
violations of law within the detenti on 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. This act shall become effective November 1, 2023.
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Passed the Senate the 22nd day of February, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives