Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB776 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
	3	+	SB776 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
3	28
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. 776 By: Stewart of the Senate
7	37
8	38		and
9	39
10	40		Cantrell of the House
	41	+
	42	+
	43	+
	44	+
11	45
12	46
13	47
14	48
15	49		An Act relating to county government; amending 19
16	50		O.S. 2021, Section 339, as amended by Section 1,
17	51		Chapter 333, O.S.L. 2022 (19 O.S. Supp. 2022, Section
18	52		339), which relates to the general powers of
19	53		commissioners; modifying certain authority; and
20	54		providing an effective date .
21	55
22	56
23	57
24	58
25		-	SUBJECT: County commissioners general powers
	59	+
	60	+
	61	+
26	62
27	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28		-
29	64		SECTION 1. AMENDATORY 19 O.S. 2021, Section 339, as
30	65		amended by Section 1, Chapter 333, O.S.L. 2022 (19 O.S. Supp. 2022,
31	66		Section 339), is amended to read as follows:
32		-
33	67		Section 339. A. The board of county commissioners shall have
34	68		power:
	69	+
	70	+	SB776 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
	72	+	2
	73	+	3
	74	+	4
	75	+	5
	76	+	6
	77	+	7
	78	+	8
	79	+	9
	80	+	10
	81	+	11
	82	+	12
	83	+	13
	84	+	14
	85	+	15
	86	+	16
	87	+	17
	88	+	18
	89	+	19
	90	+	20
	91	+	21
	92	+	22
	93	+	23
	94	+	24
35	95
36	96		1. To make all orders respecting the real property of the
37	97		county, to sell the public grounds of the county and to purchase
38	98		other grounds in lieu thereof; and for the purpose of carrying out
39	99		the provisions of this section it shall be sufficient to convey all
40	100		the interests of the county in those grounds when an order ma de for
41	101		the sale and a deed is executed in the name of the county by the
42	102		chair of the board of county commissioners, reciting the order, and
43	103		signed by the chair and acknowledged by the county clerk for and on
44	104		behalf of the county;
45		-
46		-
47		-	ENR. S. B. NO. 776 Page 2
48	105		2. To audit the accounts of all officers having the care,
49	106		management, collection or disbursement of any money belonging to the
50	107		county or appropriated for its benefit;
51		-
52	108		3. To construct and repair bridges and to open, lay out and
53	109		vacate highways; provided, however, that when any sta te institution,
54	110		school or department shall own, lease or otherwise control land on
55	111		both sides of any established highway, the governing board or body
56	112		of the same shall have the power to vacate, alter or relocate the
57	113		highway adjoining the property in the fo llowing manner:
58		-
59	114		If it should appear that it would be to the best use and
60	115		interest of the institution, school or department to vacate, alter
61	116		or relocate such hig hway, the governing board or body shall notify
62	117		the board of county commissioners, in writing, of their intention to
63	118		hold a public hearing and determine whether to vacate, alter or
64	119		relocate the highway, setting forth the location and terminals of
	120	+
	121	+	SB776 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
	123	+	2
	124	+	3
	125	+	4
	126	+	5
	127	+	6
	128	+	7
	129	+	8
	130	+	9
	131	+	10
	132	+	11
	133	+	12
	134	+	13
	135	+	14
	136	+	15
	137	+	16
	138	+	17
	139	+	18
	140	+	19
	141	+	20
	142	+	21
	143	+	22
	144	+	23
	145	+	24
	146	+
65	147		the road, and all data concerning the proposed right-of-way if
66	148		changed or relocated, and shall give fiftee n (15) days’ notice of
67	149		the hearing by publication in some newspaper in the county or
68	150		counties in which the road is located, and the hearing shall be held
69	151		at the county seat of the county in which the road is located , and
70	152		if a county line road, may be heard in either county. At the
71	153		hearing testimony may be taken, and any protests or suggestions
72	154		shall be received as to the proposed measure, and at the conclusion
73	155		thereof if the governing board or body shall find that i t would be
74	156		to the best use and interest o f the institution, school or
75	157		department, and the public generally, they may make an appropriate
76	158		order either vacating, altering or relocating the highway, which
77	159		order shall be final if approved by the board of count y
78	160		commissioners. The institution, school or department may by
79	161		agreement share the cost of changing any such road. No property
80	162		owner shall be denied access to a public highway by the order;
81		-
82	163		4. To recommend or sponsor an employee or prospective employee
83	164		for job-related training and certification in an area that may
84	165		require training or certification to comply with state or federal
85	166		law as such training or certification is provided by the Department
86	167		of Transportation, the Federal Highway Administration, or an y other
87	168		state agency, technology center s chool, or university;
88		-
89		-
90		-	ENR. S. B. NO. 776 Page 3
91	169		5. To approve a continuing education program for full -time
92	170		county employees with at least five (5) consecutive years of service
	171	+
	172	+	SB776 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendments. 1
	174	+	2
	175	+	3
	176	+	4
	177	+	5
	178	+	6
	179	+	7
	180	+	8
	181	+	9
	182	+	10
	183	+	11
	184	+	12
	185	+	13
	186	+	14
	187	+	15
	188	+	16
	189	+	17
	190	+	18
	191	+	19
	192	+	20
	193	+	21
	194	+	22
	195	+	23
	196	+	24
	197	+
93	198		to the county. Such programs shall consist of courses offered b y
94	199		colleges and universities that are memb ers of The Oklahoma State
95	200		System of Higher Education. Such programs shall require that
96	201		employees maintain at least an A or B average in order to qualify
97	202		for one hundred percent (100%) reimbursement. Employees who
98	203		maintain passing or satisfactory grades s hall qualify for seventy-
99	204		five percent (75%) reimbursement under such programs. Such programs
100	205		shall require that documentation from colleges and universities
101	206		regarding courses completed, credits earned and tuition charged be
102	207		submitted to a board of county commissioners within ninety (90) days
103	208		after the completion of courses. General applications and request
104	209		forms for such programs shall be submitted to a board of county
105	210		commissioners or an appropriate human resourc es department prior to
106	211		the conclusion of a county’s current fiscal year. Employees who
107	212		elect to participate in such programs shall continue to meet the
108	213		full responsibilities of their positions, and pa rticipation shall
109	214		not interfere with availability for s cheduled work or negatively
110	215		affect work performance. In order to be eligible for participation
111	216		in such programs, employees shall not have been formally disciplined
112	217		within one (1) year prior to submitt ing their program application.
113	218		A board of county commi ssioners shall be authorized to establish a
114	219		program requiring a one-year commitment of service to the county
115	220		from individuals who participate in such programs. Under such
116	221		programs, employees shall onl y be eligible to receive tuition
	222	+
	223	+	SB776 HFLR Page 5
	224	+	BOLD FACE denotes Committee Amendments. 1
	225	+	2
	226	+	3
	227	+	4
	228	+	5
	229	+	6
	230	+	7
	231	+	8
	232	+	9
	233	+	10
	234	+	11
	235	+	12
	236	+	13
	237	+	14
	238	+	15
	239	+	16
	240	+	17
	241	+	18
	242	+	19
	243	+	20
	244	+	21
	245	+	22
	246	+	23
	247	+	24
	248	+
117	249		reimbursements in exch ange for employment with the county lasti ng at
118	250		least one (1) year;
119		-
120	251		6. Until January 1, 1983, to furnish necessary blank books,
121	252		plats, blanks and stationery for the clerk of the district court,
122	253		county clerk, register of deeds, county treasurer and county j udge,
123	254		sheriff, county surveyor and county attorney, justices of the peace,
124	255		and constables, to be paid for out of the county treasury; also a
125	256		fireproof vault sufficient in which to keep all the books, r ecords,
126	257		vouchers and papers pertaining to the business of the county;
127		-
128	258		7. To set off, organize a nd change the boundaries of townships
129	259		and to designate and give names therefor; provided, that the
130	260		boundaries of no township shall be changed within six (6) mon ths
131	261		next preceding a general election;
132		-
133		-
134		-	ENR. S. B. NO. 776 Page 4
135	262		8. To lease tools, apparatus, machinery or equipment of the
136	263		county to another political subdivision or a state agency. The
137	264		Association of County Commissioners of Oklahoma and the Oklahoma
138	265		State University Center for Local Government Technology together
139	266		shall establish a system of uniform rates for the leasing of such
140	267		tools, apparatus, machinery and equipment;
141		-
142	268		9. To jointly, with other counties, buy heavy equipment and to
143	269		loan or lease such equipment across county li nes;
144		-
145	270		10. To develop personnel policies for the county with the
146	271		approval of a majority of all co unty elected officers, as evidenced
	272	+
	273	+	SB776 HFLR Page 6
	274	+	BOLD FACE denotes Committee Amendments. 1
	275	+	2
	276	+	3
	277	+	4
	278	+	5
	279	+	6
	280	+	7
	281	+	8
	282	+	9
	283	+	10
	284	+	11
	285	+	12
	286	+	13
	287	+	14
	288	+	15
	289	+	16
	290	+	17
	291	+	18
	292	+	19
	293	+	20
	294	+	21
	295	+	22
	296	+	23
	297	+	24
	298	+
147	299		in the minutes of a meeting of the board of county commissioners or
148	300		the county budget board;
149		-
150	301		11. To purchase, rent, or leas e-purchase uniforms, safety
151	302		devices and equipment for t he officers and employees of the county.
152	303		The county commissioners may pay for any safety training or safety
153	304		devices and safety equipment out of the general county funds or any
154	305		county highway funds ava ilable to the county commissioners;
155		-
156	306		12. To provide incentive awards for safety-related job
157	307		performance. However, no employee shall be recognized more than
158	308		once per calendar year and the award shall not exceed the value of
159	309		Two Hundred Fifty Dollars ($250. 00); further, no elected official
160	310		shall be eligible to receive a safety award;
161		-
162	311		13. To provide for payment of notary commissions, filing fees,
163	312		and the cost of notary seals and bonds;
164		-
165	313		14. To do and perform other duties and acts that the board of
166	314		county commissioners may be required by law to do and perform;
167		-
168	315		15. To make purchases at a public auction pursuant to the
169	316		county purchasing procedures in subsection D of Section 1505 of this
170	317		title;
171		-
172	318		16. To deposit interest income from highway funds in the
173	319		general fund of the county;
174		-
175	320		17. To submit sealed bids for the pu rchase of equipment from
176	321		this state, or any agency or political subdivision of this state;
177	322
178		-	ENR. S. B. NO. 776 Page 5
	323	+	SB776 HFLR Page 7
	324	+	BOLD FACE denotes Committee Amendments. 1
	325	+	2
	326	+	3
	327	+	4
	328	+	5
	329	+	6
	330	+	7
	331	+	8
	332	+	9
	333	+	10
	334	+	11
	335	+	12
	336	+	13
	337	+	14
	338	+	15
	339	+	16
	340	+	17
	341	+	18
	342	+	19
	343	+	20
	344	+	21
	345	+	22
	346	+	23
	347	+	24
179	348
180	349		18. To utilize county -owned equipment, labor and supplies at
181	350		their disposal on property owned by the county, public schools, two-
182	351		year colleges or technical branches of colleges that are members of
183	352		The Oklahoma State System of Higher Education, the state and
184	353		municipalities according to the provisions of Section 36 -113 of
185	354		Title 11 of the Oklahoma Statutes. Coopera tive agreements may be
186	355		general in terms of routine main tenance or specific in terms of
187	356		construction and agreed to and renewed on an annual basis. Work
188	357		performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
189	358		Statutes shall comply with the provisio ns of this section;
190		-
191	359		19. To enter into intergovernmenta l cooperative agreements with
192	360		the federally recognized Indian tribes within this state to address
193	361		issues of construction and maintenance of streets, roads, bridges
194	362		and highways exclusive of the provisi ons of Section 1221 of Titl e 74
195	363		of the Oklahoma Statute s;
196		-
197	364		20. To execute hold harmless agreements with the lessor in the
198	365		manner provided by subsection B of Section 636.5 of Title 69 of the
199	366		Oklahoma Statutes when leasing or lease -purchasing equipment;
200		-
201	367		21. To accept donations of rig ht-of-way or right-of-way
202	368		easements pursuant to Section 381 et seq. of Title 60 of the
203	369		Oklahoma Statutes;
204		-
205	370		22. To establish by resolution the use of per diem for specific
206	371		purposes in accordance with the limitations provided by Se ctions
207	372		500.8 and 500.9 of T itle 74 of the Oklahoma Stat utes;
208	373
	374	+	SB776 HFLR Page 8
	375	+	BOLD FACE denotes Committee Amendments. 1
	376	+	2
	377	+	3
	378	+	4
	379	+	5
	380	+	6
	381	+	7
	382	+	8
	383	+	9
	384	+	10
	385	+	11
	386	+	12
	387	+	13
	388	+	14
	389	+	15
	390	+	16
	391	+	17
	392	+	18
	393	+	19
	394	+	20
	395	+	21
	396	+	22
	397	+	23
	398	+	24
	399	+
209	400		23. To apply to the Department of Environmental Quality for a
210	401		waste tire permit to bale waste tires for use in approved
211	402		engineering projects;
212		-
213	403		24. To enter into the National Association of Count ies (NACo)
214	404		Prescription Drug Discount Program;
215		-
216	405		25. To work with federal, state, municipal, and public school
217	406		district properties in an effort to minimize cost to such entities;
218		-
219	407		26. To provide incentive awards to employees for participating
220	408		in voluntary wellness programs which resu lt in improved health.
221		-
222		-	ENR. S. B. NO. 776 Page 6
223	409		Incentive awards may be created by the Wellness Council set forth in
224	410		Section 1302 of this title;
225		-
226	411		27. To establish a county employee benefit program to encourage
227	412		outstanding performance in the workplace. Monies may be expended
228	413		for the purchase of recognition awards for presentation to an
229	414		employee or members of a work unit. Recognition awards may be
230	415		presented at a formal or informal ceremony, banquet, reception or
231	416		luncheon, the cost of which may be expende d from monies available in
232	417		the county department ’s or division’s operating fund;
233		-
234	418		28. To trade in equipment to a vendor or on statewide contract
235	419		by acquiring used equipment values pursuant to subsection B of
236	420		Section 421.1 of this title; and
237		-
238	421		29. To expend federal funds made availabl e to a county of the
239	422		state through the federal Coronavirus Aid, Relief, and Economic
240	423		Security Act (CARES Act), Pub. L. 116 –136, or similar relief funds
	424	+
	425	+	SB776 HFLR Page 9
	426	+	BOLD FACE denotes Committee Amendments. 1
	427	+	2
	428	+	3
	429	+	4
	430	+	5
	431	+	6
	432	+	7
	433	+	8
	434	+	9
	435	+	10
	436	+	11
	437	+	12
	438	+	13
	439	+	14
	440	+	15
	441	+	16
	442	+	17
	443	+	18
	444	+	19
	445	+	20
	446	+	21
	447	+	22
	448	+	23
	449	+	24
	450	+
241	451		according to the permissible uses of the applicable federal
242	452		legislation or guidance issued by any federa l agency thereof,
243	453		regardless of any lack of specific state statutory authorization to
244	454		perform the duties or functions for which the federal government has
245	455		provided the funds. The expenditure of the funds in accordance with
246	456		the federal legislation or guida nce issued by any federal ag ency
247	457		thereof shall be at the discretion of the board of county
248	458		commissioners.
249		-
250	459		The receipt of funding through the CARES Act or similar relief
251	460		funds shall not be considered a supplemental appropriation a nd shall
252	461		be exempt from the requirements of Section 142 0 of this title. In
253	462		the event the period allotted for expenditure of federal funds
254	463		crosses fiscal years, such funds shall not be considered revenue
255	464		when setting the county ’s budget for the next fiscal year; and
256		-
257	465		30. To enter into intergovernmental coopera tive agreements,
258	466		which shall include shar ed services, with local governmental units
259	467		within this state of pursuant to the provisions of the Interlocal
260	468		Cooperation Act, Section 1002 et seq. of Title 74 of the Oklahoma
261	469		Statutes.
262		-
263	470		B. The county commissioners o f a county or, in counties where
264	471		there is a county budget board, the county budget board may
265		-
266		-	ENR. S. B. NO. 776 Page 7
267	472		designate money from general county funds for the designated purpose
268	473		of drug enforcement and drug abuse prev ention programs within the
269	474		county.
	475	+
	476	+	SB776 HFLR Page 10
	477	+	BOLD FACE denotes Committee Amendments. 1
	478	+	2
	479	+	3
	480	+	4
	481	+	5
	482	+	6
	483	+	7
	484	+	8
	485	+	9
	486	+	10
	487	+	11
	488	+	12
	489	+	13
	490	+	14
	491	+	15
	492	+	16
	493	+	17
	494	+	18
	495	+	19
	496	+	20
	497	+	21
	498	+	22
	499	+	23
	500	+	24
270	501
271	502		C. When any lease o r lease purchase is made on behalf of the
272	503		county by the board pursuant to the provisions of this section, the
273	504		county shall be allowed to have trade in values for transactions
274	505		involving the Oklahoma Cen tral Purchasing Act.
275		-
276	506		D. In order to timely comply with the Oklahoma Vehicle License
277	507		and Registration Act with regard to county vehicles, the board of
278	508		county commissioners may, by resolution, create a petty cash
279	509		account. The board of county commissioners may request a purchase
280	510		order for petty cash in an amoun t necessary to pay the expense of
281	511		license and registration fees for county motor vehicles. Any
282	512		balance in the petty cash account after the license and registration
283	513		fees have been paid shall be returne d to the account or fund from
284	514		which the funds originate d. The county purchasing agent shall be
285	515		the custodian of the petty cash account, and the petty cash account
286	516		shall be subject to audit.
287		-
288	517		E. When the board of county commissioners approves an express
289	518		trust, pursuant to Sections 176 through 180.4 of Title 60 of the
290	519		Oklahoma Statutes, for the purpos e of operating a county jail, the
291	520		trustees of the public trust may appoint commissioned peace
292	521		officers, certified by the Council on Law Enforcement Education an d
293	522		Training, to provide security for inmates that are re quired to be
294	523		transported outside of the d etention facility, and investigate
295	524		violations of law within the detention facility. Other personnel
	525	+
	526	+	SB776 HFLR Page 11
	527	+	BOLD FACE denotes Committee Amendments. 1
	528	+	2
	529	+	3
	530	+	4
	531	+	5
	532	+	6
	533	+	7
	534	+	8
	535	+	9
	536	+	10
	537	+	11
	538	+	12
	539	+	13
	540	+	14
	541	+	15
	542	+	16
	543	+	17
	544	+	18
	545	+	19
	546	+	20
	547	+	21
	548	+	22
	549	+	23
	550	+	24
	551	+
296	552		necessary to operate the jail may be employed and trained o r
297	553		certified as may be required by applicable state or f ederal law.
298		-
299	554		SECTION 2. This act shall become effective November 1, 2023.
300	555
301		-
302		-	ENR. S. B. NO. 776 Page 8
303		-	Passed the Senate the 21st 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 Governo r 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: _______________________________ __
	556	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
	557	+	dated 04/06/2023 - DO PASS.