Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB775 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 775 By: Stewart of the Senate
7	37
8	38		and
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10	40		Cantrell of the House
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15	49		An Act relating to counties and county offic ers;
16	50		amending 19 O.S. 2021, Section 339, as amended by
17	51		Section 1, Chapter 333, O.S.L. 2022 (19 O.S. Supp.
18	52		2022, Section 339), which relates to general powers
19	53		of county commissioners; authorizing commissioners to
20	54		determine years of service for certain employees for
21	55		continuing education programs; expanding courses
22	56		offered; and providing an effective date.
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27		-	SUBJECT: County commissioners general powers
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29	65		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	66		SECTION 1. AMENDATORY 19 O.S. 2021, Section 339, as
32	67		amended by Section 1, Chap ter 333, O.S.L. 2022 (19 O. S. Supp. 2022,
33	68		Section 339), is amende d to read as follows:
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35	69		Section 339. A. The board of county commissioners shall have
36	70		power:
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38	98		1. To make all orders resp ecting the real prope rty of the
39	99		county, to sell the publ ic grounds of the county and to purchase
40	100		other grounds in lieu thereof; and for the purpose of carrying out
41	101		the provisions of this section it shall be sufficient to convey all
42	102		the interests of the cou nty in those grounds when an order made for
43	103		the sale and a deed is executed in the name of the coun ty by the
44	104		chair of the board of county commissioners, reciting the or der, and
45	105		signed by the chair and acknowledged by the county clerk for and on
46	106		behalf of the county;
47		-
48		-	ENR. S. B. NO. 775 Page 2
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50	107		2. To audit the accounts of all officers hav ing the care,
51	108		management, collection or dis bursement of any money belon ging to the
52	109		county or appropriated for it s benefit;
53		-
54	110		3. To construct and repair bridges and to open, lay out and
55	111		vacate highways; provided, however, that when any state institution,
56	112		school or department shall own, lease or other wise control land on
57	113		both sides of any established highway, the gover ning board or body
58	114		of the same shall have the power to vacate, alter or relocate the
59	115		highway adjoining the property in the following manner:
60		-
61	116		If it should appear that it would be to the be st use and
62	117		interest of the institution, school or department to vacat e, alter
63	118		or relocate such highway, the governing board or body shall notify
64	119		the board of county commissioners, in writing, of their intention to
65	120		hold a public hearing and determine whethe r to vacate, alter or
66	121		relocate the highway, setting forth the locatio n and terminals of
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67	149		the road, and all data concerning the proposed right -of-way if
68	150		changed or relocated, and shall give fifteen (15) days ’ notice of
69	151		the hearing by publication in some news paper in the county or
70	152		counties in which the road is located, and the hearing shall be held
71	153		at the county seat of the county in which the road is located, an d
72	154		if a county line road, may be heard in either county . At the
73	155		hearing testimony may be taken, and any protests or suggestio ns
74	156		shall be received as to the proposed mea sure, and at the conclusion
75	157		thereof if the governing board or body shall find that it wo uld be
76	158		to the best use and interest of the institution, school or
77	159		department, and the public genera lly, they may make an appr opriate
78	160		order either vacating, altering or relocating the highway, which
79	161		order shall be final if approved by the board of county
80	162		commissioners. The institution, school or department may by
81	163		agreement share the cost of changing any such road. No property
82	164		owner shall be denied access to a public hig hway by the order;
83		-
84	165		4. To recommend or sponsor an employee or prospective employee
85	166		for job-related training and certification in an area that ma y
86	167		require training or certification to comp ly with state or federal
87	168		law as such training or certification is pro vided by the Department
88	169		of Transportation, the Federal Highway Administration, or any ot her
89	170		state agency, technology center school, or universit y;
90		-
91		-
92		-	ENR. S. B. NO. 775 Page 3
93	171		5. To approve determine the years of service required for full-
94	172		time county employees to qualify for a continuing education program
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95	200		for full-time county employees with at least five (5) consecutive
96	201		years of service to the county . Such programs shall may consist of
97	202		courses offered by colleges and universities that are members of The
98	203		Oklahoma State System of Higher Education as well as any other in-
99	204		state or out-of-state programs or co urses which are relevant to the
100	205		employee’s responsibilities as approved by the county commissioners.
101	206		Such programs shall require that employees maintain at least an A or
102	207		B average in order to qualify for one hundred percent (100%)
103	208		reimbursement. Employees who maintain passing or satisfactory
104	209		grades shall qualify for se venty- five percent (75%) reimbursement
105	210		under such programs. Such programs shall require that documentation
106	211		from colleges and universities regarding courses completed, credits
107	212		earned and tuition char ged be submitted to a board of county
108	213		commissioners within ninety (90) days after the completion of
109	214		courses. General applications and request forms for such programs
110	215		shall be submitted to a board of county commissioners or an
111	216		appropriate human resources d epartment prior to the conclusion of a
112	217		county’s current fiscal year. Employees who elect to participate in
113	218		such programs shall continue to meet the full responsibilities of
114	219		their positions, and participation shall not interfere with
115	220		availability for sched uled work or negatively affect work
116	221		performance. In order to be eligible for participation in such
117	222		programs, employees shall not have been formally disciplined within
118	223		one (1) year prior to submitting their program application . A board
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119	251		of county commissioners shall be authorized to establish a program
120	252		requiring a one-year commitment of service to the county from
121	253		individuals who participate in such programs. Under such programs,
122	254		employees shall only be eligible to receive tuition reimbursements
123	255		in exchange for employment with the county lasting at least one (1)
124	256		year;
125		-
126	257		6. Until January 1, 1983, to furnish nece ssary blank books,
127	258		plats, blanks and stationery for the clerk of the district court,
128	259		county clerk, register of deeds, county treasurer and county judge ,
129	260		sheriff, county surveyor and county attorney, justices of the peace,
130	261		and constables, to be paid for out of the county treasury; also a
131	262		fireproof vault sufficient in which t o keep all the books, records,
132	263		vouchers and papers pertaining to the business of t he county;
133		-
134		-
135		-	ENR. S. B. NO. 775 Page 4
136	264		7. To set off, organize and change the bound aries of townships
137	265		and to designate and give name s therefor; provided, that the
138	266		boundaries of no township shall be cha nged within six (6) months
139	267		next preceding a general election;
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141	268		8. To lease tools, apparatus, machinery or equipment of the
142	269		county to another political subdivision or a state agency . The
143	270		Association of County Commissioners of Oklahoma and the Oklahoma
144	271		State University Center for Local Government Technology together
145	272		shall establish a sys tem of uniform rates for the leasing of such
146	273		tools, apparatus, machinery and equipment;
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148	301		9. To jointly, with other counties, buy heavy equipment and to
149	302		loan or lease such equ ipment across county lines;
150		-
151	303		10. To develop personnel policies for the county with the
152	304		approval of a majority of all county elected office rs, as evidenced
153	305		in the minutes of a meeting of t he board of county commissioners or
154	306		the county budget board;
155		-
156	307		11. To purchase, rent, or lease-purchase uniforms, safety
157	308		devices and equipment for the o fficers and employees of the county .
158	309		The county commissioners may pay for any safety training or safety
159	310		devices and safety equipment out of the general county funds or any
160	311		county highway funds available to the county commissioners;
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162	312		12. To provide incentive awards for safety-related job
163	313		performance. However, no employee shall be recognized more than
164	314		once per calendar year and the award shall not exceed the value of
165	315		Two Hundred Fifty Dollars ($250.00); further, no elected official
166	316		shall be eligible to rece ive a safety award;
167		-
168	317		13. To provide for payment of notar y commissions, filing fees,
169	318		and the cost of notar y seals and bonds;
170		-
171	319		14. To do and perform other duties and acts that the board of
172	320		county commissioners may be required by law to do and perform;
173		-
174	321		15. To make purchases at a public auction pursuant to the
175	322		county purchasing procedures in subsection D of Sect ion 1505 of this
176	323		title;
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179		-	ENR. S. B. NO. 775 Page 5
180	351		16. To deposit interest income from highway funds in the
181	352		general fund of the county;
182		-
183	353		17. To submit sealed bids for the purcha se of equipment from
184	354		this state, or any agency or politi cal subdivision of this state;
185		-
186	355		18. To utilize county-owned equipment, labor and supplies at
187	356		their disposal on propert y owned by the county, public schools, two -
188	357		year colleges or technical branches of colleges that are members of
189	358		The Oklahoma State System o f Higher Education, the state and
190	359		municipalities according to the provisions of Section 36-113 of
191	360		Title 11 of the Okla homa Statutes. Cooperative agreements may be
192	361		general in terms of routine maintena nce or specific in terms of
193	362		construction and agreed to a nd renewed on an annual basis. Work
194	363		performed pursuant to Section 36-113 of Title 11 of the Oklahoma
195	364		Statutes shall comply with the provisions of this section;
196		-
197	365		19. To enter into intergovernmental co operative agreements with
198	366		the federally recognized India n tribes within this state to address
199	367		issues of construction and maintenance of streets, roads, bridges
200	368		and highways exclusive of the provisions of Section 1221 of Title 74
201	369		of the Oklahoma Statutes;
202		-
203	370		20. To execute hold harmless agreements with the lessor in the
204	371		manner provided by subsection B of Section 636.5 of Title 69 of the
205	372		Oklahoma Statutes when leasing or lease -purchasing equipment;
206	373
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207	400		21. To accept donations of right -of-way or right-of-way
208	401		easements pursuant to Section 381 et seq. of Title 60 of the
209	402		Oklahoma Statutes;
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211	403		22. To establish by resolution the use of per diem for specific
212	404		purposes in accordance with the lim itations provided by Sections
213	405		500.8 and 500.9 of Title 74 of the Oklahoma Statute s;
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215	406		23. To apply to the Department of Environmental Quali ty for a
216	407		waste tire permit to bale waste tires fo r use in approved
217	408		engineering projects;
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219	409		24. To enter into the Nation al Association of Counties (NACo)
220	410		Prescription Drug Discount Program;
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223		-	ENR. S. B. NO. 775 Page 6
224	411		25. To work with federal, state, municipal , and public school
225	412		district properties in an effort to minimize cost to such entities;
226		-
227	413		26. To provide incentive awards to employees for parti cipating
228	414		in voluntary wellness programs which result in improved health .
229	415		Incentive awards may be created by the Wellness Council set fort h in
230	416		Section 1302 of this title;
231		-
232	417		27. To establish a county employee benefit program to encourage
233	418		outstanding performa nce in the workplace. Monies may be expended
234	419		for the purchase of recognitio n awards for presentation to an
235	420		employee or members of a work unit. Recognition awards may be
236	421		presented at a formal or informal ceremony, banquet, reception or
237	422		luncheon, the cost of which may be expended from monies available in
238	423		the county department ’s or division’s operating fund;
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240	451		28. To trade in equipment to a vendor or on statewide c ontract
241	452		by acquiring used equipment values pursuant to subsection B of
242	453		Section 421.1 of this tit le; and
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244	454		29. To expend federal funds ma de available to a county of the
245	455		state through the federal Coronavirus Aid, Relief, and Economic
246	456		Security Act (CARES Act), Pub. L. 116–136, or similar relief funds
247	457		according to the permissible uses of the applicable fe deral
248	458		legislation or guidance issued by any federal agency thereof,
249	459		regardless of any lack of specific state statutory authorization t o
250	460		perform the duties or functions for which the federal government has
251	461		provided the funds. The expenditure of the funds i n accordance with
252	462		the federal legislatio n or guidance issued by any feder al agency
253	463		thereof shall be at the discretion of the board of county
254	464		commissioners.
255		-
256	465		The receipt of funding through the CARES Act or similar relief
257	466		funds shall not be considered a suppl emental appropriation and shall
258	467		be exempt from the requirements of Secti on 1420 of this title. In
259	468		the event the period allotted for e xpenditure of federal funds
260	469		crosses fiscal years, such funds shall not be considered revenue
261	470		when setting the county ’s budget for the next fiscal year.
262		-
263	471		B. The county commissioners of a county or, in counties where
264	472		there is a county budget board, the count y budget board may
265	473		designate money from general county funds for the designated purpose
266	474
267		-	ENR. S. B. NO. 775 Page 7
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268	501		of drug enforcement and drug a buse prevention programs within the
269	502		county.
270		-
271	503		C. When any lease or lease purchase is made on behalf of the
272	504		county by the board pursuant to the provisions of this sec tion, the
273	505		county shall be allowed to have trade in values for transactions
274	506		involving the Oklahoma Central Purchasing Act.
275		-
276	507		D. In order to timely comply wi th the Oklahoma Vehicle License
277	508		and Registration Act with regard to county v ehicles, the board of
278	509		county commissioners may, by resolution, create a petty cash
279	510		account. The board of county commi ssioners may request a purchase
280	511		order for petty cash in an amo unt necessary to pay the expense of
281	512		license and registration fees for county motor vehicles. Any
282	513		balance in the petty cash account after the license and registration
283	514		fees have been paid shall b e returned to the account or fund from
284	515		which the funds origina ted. The county purchasing agent shall be
285	516		the custodian of the petty cash a ccount, and the petty cash account
286	517		shall be subject to audit.
287		-
288	518		E. When the board of county commissioners approves an e xpress
289	519		trust, pursuant to Sections 176 through 180.4 of Title 60 of the
290	520		Oklahoma Statutes, for the purpose of operating a county jail, the
291	521		trustees of the public tr ust may appoint commissioned peace
292	522		officers, certified by the Council on Law Enforcement Edu cation and
293	523		Training, to provide security for inmates that are required to be
294	524		transported outside of the detention facility, and investigat e
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295	552		violations of law within the detention facility. Other personnel
296	553		necessary to operate the jail may be employed and trained or
297	554		certified as may be required by applicable state or federal law.
298		-
299	555		SECTION 2. This act shall become effective November 1, 2023.
300	556
301		-
302		-	ENR. S. B. NO. 775 Page 8
303		-	Passed the Senate the 22nd day of February, 2023.
304		-
305		-
306		-
307		-	Presiding Officer of the Senate
308		-
309		-
310		-	Passed the House of Representatives the 18th day of April, 2023.
311		-
312		-
313		-
314		-	Presiding Officer of the House
315		-	of Representatives
316		-
317		-	OFFICE OF THE GOVERNOR
318		-	Received by the Office of the Governor this _______ _____________
319		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
320		-	By: _______________________________ __
321		-	Approved by the Governor of the State of Oklahoma this _____ ____
322		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
323		-
324		-	_________________________________
325		-	Governor of the State of Oklahoma
326		-
327		-
328		-	OFFICE OF THE SECRETARY OF STATE
329		-	Received by the Office of the Secretary of State this _______ ___
330		-	day of __________________, 20 _______, at _______ o'clock _______ M.
331		-	By: ______________________ ___________
	557	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
	558	+	dated 04/06/2023 - DO PASS.