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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 776 By: Stewart of the Senate
and
Cantrell of the House
An Act relating to county government; 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 the general powers of
commissioners; modifying certain authority; 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 amended to read as follows:
Section 339. A. The board of county commissioners shall have
power:
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1. To make all orders respecting the real property of the
county, to sell the public 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 county in those grounds when an order ma de for
the sale and a deed is executed in the name of the county by the
chair of the board of county commissioners, reciting the order, and
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 having the care,
management, collection or disbursement of any money belonging to the
county or appropriated for its benefit;
3. To construct and repair bridges and to open, lay out and
vacate highways; provided, however, that when any sta te institution,
school or department shall own, lease or otherwise control land on
both sides of any established highway, the governing board or body
of the same shall have the power to vacate, alter or relocate the
highway adjoining the property in the fo llowing manner:
If it should appear that it would be to the best use and
interest of the institution, school or department to vacate, alter
or relocate such hig hway, the governing board or body shall notify
the board of county commissioners, in writing, of their intention to
hold a public hearing and determine whether to vacate, alter or
relocate the highway, setting forth the location and terminals of
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the road, and all data concerning the proposed right-of-way if
changed or relocated, and shall give fiftee n (15) days’ notice of
the hearing by publication in some newspaper 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 , and
if a county line road, may be heard in either county. At the
hearing testimony may be taken, and any protests or suggestions
shall be received as to the proposed measure, and at the conclusion
thereof if the governing board or body shall find that i t would be
to the best use and interest o f the institution, school or
department, and the public generally, they may make an appropriate
order either vacating, altering or relocating the highway, which
order shall be final if approved by the board of count y
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 highway by the order;
4. To recommend or sponsor an employee or prospective employee
for job-related training and certification in an area that may
require training or certification to comply with state or federal
law as such training or certification is provided by the Department
of Transportation, the Federal Highway Administration, or an y other
state agency, technology center s chool, or university;
5. To approve a continuing education program for full -time
county employees with at least five (5) consecutive years of service
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to the county. Such programs shall consist of courses offered b y
colleges and universities that are memb ers of The Oklahoma State
System of Higher Education. Such programs shall require that
employees maintain at least an A or B average in order to qualify
for one hundred percent (100%) reimbursement. Employees who
maintain passing or satisfactory grades s hall qualify for seventy-
five percent (75%) reimbursement under such programs. Such programs
shall require that documentation from colleges and universities
regarding courses completed, credits earned and tuition charged 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 resourc es department 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 pa rticipation shall
not interfere with availability for s cheduled 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 submitt ing their program application.
A board of county commi ssioners 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 onl y be eligible to receive tuition
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reimbursements in exch ange for employment with the county lasti ng at
least one (1) year;
6. Until January 1, 1983, to furnish necessary blank books,
plats, blanks and stationery for the clerk of the district court,
county clerk, register of deeds, county treasurer and county j udge,
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 to keep all the books, r ecords,
vouchers and papers pertaining to the business of the county;
7. To set off, organize a nd change the boundaries of townships
and to designate and give names therefor; provided, that the
boundaries of no township shall be changed within six (6) mon ths
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 system 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 equipment across county li nes;
10. To develop personnel policies for the county with the
approval of a majority of all co unty elected officers, as evidenced
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in the minutes of a meeting of the board of county commissioners or
the county budget board;
11. To purchase, rent, or leas e-purchase uniforms, safety
devices and equipment for t he officers 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 ava ilable 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 receive a safety award;
13. To provide for payment of notary commissions, filing fees,
and the cost of notary 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 Section 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 pu rchase of equipment from
this state, or any agency or political subdivision of this state;
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18. To utilize county -owned equipment, labor and supplies at
their disposal on property owned by the county, public schools, two-
year colleges or technical branches of colleges that are members of
The Oklahoma State System of Higher Education, the state and
municipalities according to the provisions of Section 36 -113 of
Title 11 of the Oklahoma Statutes. Coopera tive agreements may be
general in terms of routine main tenance or specific in terms of
construction and agreed to and renewed on an annual basis. Work
performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
Statutes shall comply with the provisio ns of this section;
19. To enter into intergovernmenta l cooperative agreements with
the federally recognized Indian tribes within this state to address
issues of construction and maintenance of streets, roads, bridges
and highways exclusive of the provisi ons of Section 1221 of Titl e 74
of the Oklahoma Statute s;
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 rig ht-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 limitations provided by Se ctions
500.8 and 500.9 of T itle 74 of the Oklahoma Stat utes;
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23. To apply to the Department of Environmental Quality for a
waste tire permit to bale waste tires for use in approved
engineering projects;
24. To enter into the National Association of Count ies (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 participating
in voluntary wellness programs which resu lt in improved health.
Incentive awards may be created by the Wellness Council set forth in
Section 1302 of this title;
27. To establish a county employee benefit program to encourage
outstanding performance in the workplace. Monies may be expended
for the purchase of recognition 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 expende d 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 title; and
29. To expend federal funds made availabl e 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
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according to the permissible uses of the applicable federal
legislation or guidance issued by any federa l agency thereof,
regardless of any lack of specific state statutory authorization to
perform the duties or functions for which the federal government has
provided the funds. The expenditure of the funds in accordance with
the federal legislation or guida nce issued by any federal ag ency
thereof shall be at the discretion of the board of county
commissioners.
The receipt of funding through the CARES Act or similar relief
funds shall not be considered a supplemental appropriation a nd shall
be exempt from the requirements of Section 142 0 of this title. In
the event the period allotted for expenditure of federal funds
crosses fiscal years, such funds shall not be considered revenue
when setting the county ’s budget for the next fiscal year; and
30. To enter into intergovernmental coopera tive agreements,
which shall include shar ed services, with local governmental units
within this state of pursuant to the provisions of the Interlocal
Cooperation Act, Section 1002 et seq. of Title 74 of the Oklahoma
Statutes.
B. The county commissioners o f a county or, in counties where
there is a county budget board, the county budget board may
designate money from general county funds for the designated purpose
of drug enforcement and drug abuse prev ention programs within the
county.
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C. When any lease o r 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 Cen tral Purchasing Act.
D. In order to timely comply with the Oklahoma Vehicle License
and Registration Act with regard to county vehicles, the board of
county commissioners may, by resolution, create a petty cash
account. The board of county commissioners may request a purchase
order for petty cash in an amoun t 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 be returne d to the account or fund from
which the funds originate d. The county purchasing agent shall be
the custodian of the petty cash account, and the petty cash account
shall be subject to audit.
E. When the board of county commissioners approves an express
trust, pursuant to Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes, for the purpos e of operating a county jail, the
trustees of the public trust may appoint commissioned peace
officers, certified by the Council on Law Enforcement Education an d
Training, to provide security for inmates that are re quired to be
transported outside of the d etention facility, and investigate
violations of law within the detention facility. Other personnel
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necessary to operate the jail may be employed and trained o r
certified as may be required by applicable state or f ederal law.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 04/06/2023 - DO PASS.