Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 1 1 | |
4 | + | 2 | |
5 | + | 3 | |
6 | + | 4 | |
7 | + | 5 | |
8 | + | 6 | |
9 | + | 7 | |
10 | + | 8 | |
11 | + | 9 | |
12 | + | 10 | |
13 | + | 11 | |
14 | + | 12 | |
15 | + | 13 | |
16 | + | 14 | |
17 | + | 15 | |
18 | + | 16 | |
19 | + | 17 | |
20 | + | 18 | |
21 | + | 19 | |
22 | + | 20 | |
23 | + | 21 | |
24 | + | 22 | |
25 | + | 23 | |
26 | + | 24 | |
3 | 27 | ||
4 | - | ||
5 | - | An Act | |
6 | - | ENROLLED SENATE | |
7 | - | BILL NO. 952 By: Kidd of the Senate | |
28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 952 By: Kidd of the Senate | |
8 | 31 | ||
9 | 32 | and | |
10 | 33 | ||
11 | - | Sims and Cantrell of the | |
12 | - | House | |
34 | + | Sims of the House | |
13 | 35 | ||
14 | 36 | ||
15 | 37 | ||
16 | 38 | ||
17 | 39 | ||
18 | 40 | An Act relating to county surplus equipment; am ending | |
19 | 41 | 19 O.S. 2021, Section 421, which relates to | |
20 | 42 | disposition of certain county property t o be entered | |
21 | 43 | in minutes; raising value of certain equipment that | |
22 | 44 | is entered into certain meeting minutes; amend ing 19 | |
23 | 45 | O.S. 2021, Section 421.1, which relates to sale of | |
24 | 46 | certain county property; raising value of equipment | |
25 | 47 | and adding equipment eligible to be sold or traded in | |
26 | 48 | using certain procedures; and providing an eff ective | |
27 | 49 | date. | |
28 | 50 | ||
29 | 51 | ||
30 | 52 | ||
31 | 53 | ||
32 | 54 | ||
33 | - | SUBJECT: County surplus equipment | |
55 | + | ||
56 | + | ||
57 | + | ||
58 | + | AUTHOR: Add the following House Coauthor: Cantrell | |
59 | + | ||
60 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
61 | + | and insert: | |
62 | + | ||
63 | + | ||
64 | + | ||
65 | + | ||
66 | + | "An Act relating to county surplus equipment; | |
67 | + | amending 19 O.S. 2021, Section 421, which relates to | |
68 | + | disposition of certain county property to be ent ered | |
69 | + | in minutes; raising value of certain equipment that | |
70 | + | is entered into certain meeting minutes; amend ing 19 | |
71 | + | O.S. 2021, Section 421.1, which relates to sale of | |
72 | + | certain county property; raising value of equipment | |
73 | + | and adding equipment eligible to be sold or traded in | |
74 | + | ||
75 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 2 1 | |
76 | + | 2 | |
77 | + | 3 | |
78 | + | 4 | |
79 | + | 5 | |
80 | + | 6 | |
81 | + | 7 | |
82 | + | 8 | |
83 | + | 9 | |
84 | + | 10 | |
85 | + | 11 | |
86 | + | 12 | |
87 | + | 13 | |
88 | + | 14 | |
89 | + | 15 | |
90 | + | 16 | |
91 | + | 17 | |
92 | + | 18 | |
93 | + | 19 | |
94 | + | 20 | |
95 | + | 21 | |
96 | + | 22 | |
97 | + | 23 | |
98 | + | 24 | |
99 | + | ||
100 | + | using certain procedures; and providing an effective | |
101 | + | date. | |
102 | + | ||
103 | + | ||
104 | + | ||
34 | 105 | ||
35 | 106 | BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA: | |
36 | - | ||
37 | 107 | SECTION 1. AMENDATORY 19 O.S. 2021, Section 421, is | |
38 | 108 | amended to read as follows: | |
39 | - | ||
40 | 109 | Section 421. From and after the effective date of this act | |
41 | 110 | After November 1, 2009, each board of county commissioners of the | |
42 | 111 | several counties in the state shall within thirty (30) days after | |
43 | 112 | the disposition of a ny tools, apparatus, machine ry, and equipment | |
44 | 113 | belonging to the county or leased or otherwise let to it or any | |
45 | 114 | department thereof, the original cost of which is more than Five | |
46 | 115 | Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00), whether | |
47 | 116 | sold, exchanged, junked, leased or let where authorized by statute, | |
48 | - | ||
49 | - | ENR. S. B. NO. 952 Page 2 | |
50 | 117 | shall enter, or cause to be entered, in the minutes of the | |
51 | 118 | proceedings of the board the fact of such disposition, including | |
52 | 119 | complete description of ite m, serial number, the date property was | |
53 | 120 | acquired, the name and address of the person or firm from whom | |
54 | 121 | property was acquired, the cost price at time of acquisit ion or | |
55 | 122 | contract price if acquired under lease -rental agreement, the d ate of | |
56 | 123 | disposition, the nam e and address of the person or firm to whom | |
57 | 124 | property transferred, the price received therefor and the reason f or | |
58 | 125 | disposition. | |
59 | 126 | ||
127 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 3 1 | |
128 | + | 2 | |
129 | + | 3 | |
130 | + | 4 | |
131 | + | 5 | |
132 | + | 6 | |
133 | + | 7 | |
134 | + | 8 | |
135 | + | 9 | |
136 | + | 10 | |
137 | + | 11 | |
138 | + | 12 | |
139 | + | 13 | |
140 | + | 14 | |
141 | + | 15 | |
142 | + | 16 | |
143 | + | 17 | |
144 | + | 18 | |
145 | + | 19 | |
146 | + | 20 | |
147 | + | 21 | |
148 | + | 22 | |
149 | + | 23 | |
150 | + | 24 | |
151 | + | ||
60 | 152 | SECTION 2. AMENDATORY 19 O.S. 2021, Section 421.1, is | |
61 | 153 | amended to read as foll ows: | |
62 | - | ||
63 | - | Section 421.1. A. The board of county commissioners is hereby | |
154 | + | Section 421.1 A. The board of county commissioners is hereby | |
64 | 155 | authorized to use any tools, apparatus, machinery or equipment | |
65 | 156 | belonging to the county, the original cost of which ex ceeded Five | |
66 | 157 | Hundred Dollars ($500.00) One Thousand Dollars ($1,000.00), as a | |
67 | 158 | trade-in on a cash purchase or lease purchase of any other tools, | |
68 | 159 | apparatus, machinery or equipment. | |
69 | - | ||
70 | 160 | B. To establish an appraised value for an item to be sold at | |
71 | 161 | public auction or traded in, the purchasing agent may refer to an | |
72 | 162 | industry-recognized appraisal manual for used construction equipment | |
73 | 163 | to estimate the value of the item being sold, or obtain appraisal | |
74 | 164 | quotes from at least two vendors in the business of selling items | |
75 | 165 | like the one being sold. | |
76 | - | ||
77 | 166 | C. Except when such items are disposed of pursuan t to | |
78 | 167 | subsection E, F or I of this section, the following procedures shall | |
79 | 168 | be used for the sale, by the board of county commi ssioners, of any | |
80 | 169 | tools, apparatus, machinery or equipment, the original cost of which | |
81 | 170 | exceeded Five Hundred Dollars ($500.00) One Thousand Dollars | |
82 | 171 | ($1,000.00) or any information technology hardware or software | |
83 | 172 | having an original cost of Five H undred Dollars ($500.00) or more, | |
84 | 173 | belonging to the county: | |
85 | 174 | ||
175 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 4 1 | |
176 | + | 2 | |
177 | + | 3 | |
178 | + | 4 | |
179 | + | 5 | |
180 | + | 6 | |
181 | + | 7 | |
182 | + | 8 | |
183 | + | 9 | |
184 | + | 10 | |
185 | + | 11 | |
186 | + | 12 | |
187 | + | 13 | |
188 | + | 14 | |
189 | + | 15 | |
190 | + | 16 | |
191 | + | 17 | |
192 | + | 18 | |
193 | + | 19 | |
194 | + | 20 | |
195 | + | 21 | |
196 | + | 22 | |
197 | + | 23 | |
198 | + | 24 | |
199 | + | ||
86 | 200 | 1. The board of county commissioners shall give notice of such | |
87 | 201 | sale by publication in a newspaper of general paid circulation in | |
88 | 202 | the county for two successive weekly issues; | |
89 | - | ||
90 | - | ||
91 | - | ENR. S. B. NO. 952 Page 3 | |
92 | 203 | 2. Bids for such tool s, apparatus, machinery or equipment on | |
93 | 204 | sale shall be in writing, sealed and delivered to the county clerk | |
94 | 205 | of such county; | |
95 | - | ||
96 | 206 | 3. At the next regula r meeting of the board of county | |
97 | 207 | commissioners after the expiration of fifteen (15) days from the | |
98 | 208 | date of first publication of notice of the sale, the board of county | |
99 | 209 | commissioners shall open such bids and award such tools, apparatus, | |
100 | 210 | machinery or equipmen t to the highest and best bidder with the | |
101 | 211 | option of rejecting all bids; and | |
102 | - | ||
103 | 212 | 4. The board of county commissione rs may hold a public auction | |
104 | 213 | or use an Internet auction, which may include o nline bidding, in | |
105 | 214 | lieu of advertising for sealed bids as provided abo ve. Such auction | |
106 | 215 | shall be advertised as provided herein. | |
107 | - | ||
108 | 216 | D. A board of county commissioners may sell any mate rials, | |
109 | 217 | tools, apparatus, machinery or equipment to a tribal governmental | |
110 | 218 | entity or state agency, if the agency is subject to the Oklahoma | |
111 | 219 | Central Purchasing Act. The board of county commissioners may | |
112 | 220 | purchase materials, tools, apparatus, machinery or equi pment from a | |
113 | 221 | state agency, if the agency is subject to the Oklahoma Central | |
114 | 222 | Purchasing Act. | |
115 | 223 | ||
224 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 5 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 | + | ||
116 | 249 | E. The board of county commissioners may, by resolut ion, enter | |
117 | 250 | into an agreement with any tribal governmental entity or other | |
118 | 251 | county or political subdivision for t he purpose of selling, | |
119 | 252 | transferring, trading or otherwise disposing of equip ment or | |
120 | 253 | materials at a price agreed upon by both governing bodies. | |
121 | 254 | Transactions made pursuant to this subsection shall not be subject | |
122 | 255 | to the requirements in subsection C of this s ection. | |
123 | - | ||
124 | 256 | F. Advertisement of surplus property consigned to sell at a | |
125 | 257 | Circuit Engineering District auction shall be provided by the | |
126 | 258 | auction company under contract to conduct the sale. Advertising | |
127 | 259 | shall be provided to attract the most potential buyers. Adv ertising | |
128 | 260 | media may include, but not be limited to, sale flyers, newspapers, | |
129 | 261 | radio, television, and Internet postings. | |
130 | - | ||
131 | 262 | G. Pursuant to the authori ty of Section 1 of this title, boards | |
132 | 263 | of county commissioners shall have authority, under such statute and | |
133 | 264 | in consideration of the procedures in this section to sell real | |
134 | - | ||
135 | - | ENR. S. B. NO. 952 Page 4 | |
136 | 265 | property belonging to the county without declaring such property | |
137 | 266 | surplus under the fo llowing conditions: | |
138 | - | ||
139 | 267 | 1. A certified appraisal of the county property shall be | |
140 | 268 | performed to determine the market value of the property and accepted | |
141 | 269 | by the board of county commissioners; | |
142 | - | ||
143 | 270 | 2. After acceptance of the certified appraisal, the board of | |
144 | 271 | county commissioners shall, pursuant to the requirements of this | |
145 | 272 | section, give notice of such sale by publication in a n ewspaper of | |
273 | + | ||
274 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 6 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 | + | ||
146 | 299 | general paid circulation in the county for two successive weekly | |
147 | 300 | issues; | |
148 | - | ||
149 | 301 | 3. Bids for the real property shall be in writing, sealed a nd | |
150 | 302 | delivered to the county clerk of such county; | |
151 | - | ||
152 | 303 | 4. At the next regular meeting of the board of county | |
153 | 304 | commissioners after the expiration of fifteen (15) days from the | |
154 | 305 | date of first publication of notice of sale, the board of county | |
155 | 306 | commissioners shall op en such bids; | |
156 | - | ||
157 | 307 | 5. A successful bid must be no less than the market value of | |
158 | 308 | the real property to be considered by the board of county | |
159 | 309 | commissioners for acceptance. The board of county co mmissioners | |
160 | 310 | reserves the right to reject any and all bids; | |
161 | - | ||
162 | 311 | 6. If more than one bid is above the market value of the real | |
163 | 312 | property, the board of county commissioners shall have the right to | |
164 | 313 | compel the potential buyers of the real property who have bid abov e | |
165 | 314 | the market amount to enter into public auction conducted by the | |
166 | 315 | chairman of the board of county commissioners after the opening of | |
167 | 316 | such bids, to establish the highest bid for the property in order to | |
168 | 317 | assure that the county is receiving adequate considera tion for the | |
169 | 318 | property; | |
170 | - | ||
171 | 319 | 7. A majority vote of the board of county com missioners shall | |
172 | 320 | be required to determine the successful bidder of the real property. | |
173 | 321 | Upon awarding the bid, e ither through sealed bid or by conducting a | |
174 | 322 | public auction of those bidders who bid more than the market value | |
323 | + | ||
324 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 7 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 | |
348 | + | ||
175 | 349 | of the real property, the board of county commissioners shall have | |
176 | 350 | the right to pledge the occupied property, using an irrevocable bond | |
177 | 351 | or letter of credit, as provided for in paragraph 10 of this | |
178 | - | ||
179 | - | ENR. S. B. NO. 952 Page 5 | |
180 | 352 | subsection, as collatera l in order to finance bonds to purchase | |
181 | 353 | other real property or build a replacement building, or both; | |
182 | - | ||
183 | 354 | 8. If the sale price is less than the estimated cost of new | |
184 | 355 | land purchase or construction, then said sales contract shall be | |
185 | 356 | contingent upon the public a pproval of bond funding or other | |
186 | 357 | authorized funding to allow the comp lete payment of the contemplated | |
187 | 358 | project; | |
188 | - | ||
189 | 359 | 9. The board of county commissioners shall have authority | |
190 | 360 | pursuant to paragraphs 5 and 6 of Section 1 of this title to make | |
191 | 361 | any order concerning the sale of such property contingent upon a | |
192 | 362 | closing date in the futu re in order to continue to use said real | |
193 | 363 | property until a replacement building is completed. Upon completion | |
194 | 364 | of the replacement building, the board of county commissioners shall | |
195 | 365 | execute all documents and title transfers pertaining to said real | |
196 | 366 | property to the successful bidder; | |
367 | + | 10. The successful bidder shall execute an irrevocable bond or | |
368 | + | letter of credit with a surety company or bank licensed to do | |
369 | + | business in the State of Oklahoma and organized under the corporate | |
370 | + | laws of the State of Oklahoma and regi stered with the Secretary of | |
371 | + | State of Oklahoma equal to the amount of the purchase price of the | |
372 | + | real property within fifteen (15) days of awarding of the bid. | |
373 | + | ||
374 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 8 1 | |
375 | + | 2 | |
376 | + | 3 | |
377 | + | 4 | |
378 | + | 5 | |
379 | + | 6 | |
380 | + | 7 | |
381 | + | 8 | |
382 | + | 9 | |
383 | + | 10 | |
384 | + | 11 | |
385 | + | 12 | |
386 | + | 13 | |
387 | + | 14 | |
388 | + | 15 | |
389 | + | 16 | |
390 | + | 17 | |
391 | + | 18 | |
392 | + | 19 | |
393 | + | 20 | |
394 | + | 21 | |
395 | + | 22 | |
396 | + | 23 | |
397 | + | 24 | |
398 | + | ||
399 | + | Failure to provide either a n irrevocable bond or letter of credit in | |
400 | + | favor of the board of count y commissioners within said time | |
401 | + | limitation shall act as a rejection and cancellation by the board of | |
402 | + | the award of bid and said board may, at that point, enter into a | |
403 | + | contract with any se condary or subsequent bidder that meets the | |
404 | + | aforementioned qualificat ions without further notice; and | |
405 | + | 11. If there are no bids submitted or all submitted bids are | |
406 | + | less than the market value of the real property after the expiration | |
407 | + | of fifteen (15) days fr om the date of first publication of notice of | |
408 | + | sale, the board of coun ty commissioners shall publish the notice of | |
409 | + | sale and accept bids for a second time complying with the | |
410 | + | requirements of paragraphs 2 through 4 of this subsection. If there | |
411 | + | are no bids submitted or all submitted bids are less than the market | |
412 | + | value of the real property after the expiration of fifteen (15) days | |
413 | + | from the date of second publication of notice of sale, th e board of | |
414 | + | county commissioners shall have the right to sell real property, | |
415 | + | upon majority vote, without any bidding procedure or auction, | |
416 | + | directly to any person or entity for an amount that is not less than | |
417 | + | the highest bid previously submitted through any previous bidding | |
418 | + | procedures provided in this subsection. | |
419 | + | H. The board of county commissioners may solicit telephone bids | |
420 | + | for the removal of recy clable materials. | |
421 | + | I. The board of county commissioners shall have the authority | |
422 | + | to trade in equipment to a ven dor or on statewide contract by | |
423 | + | ||
424 | + | ENGR. H. A. to ENGR. S. B. NO. 952 Page 9 1 | |
425 | + | 2 | |
426 | + | 3 | |
427 | + | 4 | |
428 | + | 5 | |
429 | + | 6 | |
430 | + | 7 | |
431 | + | 8 | |
432 | + | 9 | |
433 | + | 10 | |
434 | + | 11 | |
435 | + | 12 | |
436 | + | 13 | |
437 | + | 14 | |
438 | + | 15 | |
439 | + | 16 | |
440 | + | 17 | |
441 | + | 18 | |
442 | + | 19 | |
443 | + | 20 | |
444 | + | 21 | |
445 | + | 22 | |
446 | + | 23 | |
447 | + | 24 | |
448 | + | ||
449 | + | acquiring used equipment values pursuant to subsection B of this | |
450 | + | section. | |
451 | + | SECTION 3. This act shall become effective November 1, 2023." | |
452 | + | Passed the House of Representatives the 27th day of April, 2023. | |
453 | + | ||
454 | + | ||
455 | + | ||
456 | + | ||
457 | + | ||
458 | + | Presiding Officer of the House of | |
459 | + | Representatives | |
460 | + | ||
461 | + | ||
462 | + | Passed the Senate the ____ day of _______ ___, 2023. | |
463 | + | ||
464 | + | ||
465 | + | ||
466 | + | ||
467 | + | ||
468 | + | Presiding Officer of the Senate | |
469 | + | ||
470 | + | ||
471 | + | ENGR. S. B. NO. 952 Page 1 1 | |
472 | + | 2 | |
473 | + | 3 | |
474 | + | 4 | |
475 | + | 5 | |
476 | + | 6 | |
477 | + | 7 | |
478 | + | 8 | |
479 | + | 9 | |
480 | + | 10 | |
481 | + | 11 | |
482 | + | 12 | |
483 | + | 13 | |
484 | + | 14 | |
485 | + | 15 | |
486 | + | 16 | |
487 | + | 17 | |
488 | + | 18 | |
489 | + | 19 | |
490 | + | 20 | |
491 | + | 21 | |
492 | + | 22 | |
493 | + | 23 | |
494 | + | 24 | |
495 | + | ||
496 | + | ENGROSSED SENATE | |
497 | + | BILL NO. 952 By: Kidd of the Senate | |
498 | + | ||
499 | + | and | |
500 | + | ||
501 | + | Sims of the House | |
502 | + | ||
503 | + | ||
504 | + | ||
505 | + | ||
506 | + | An Act relating to county surplus equipment; am ending | |
507 | + | 19 O.S. 2021, Section 421, which relates to | |
508 | + | disposition of certain county property to be ent ered | |
509 | + | in minutes; raising value of certain equipment that | |
510 | + | is entered into certain meeting minutes; amend ing 19 | |
511 | + | O.S. 2021, Section 421.1, which relates to sale of | |
512 | + | certain county property; raising value of equipment | |
513 | + | and adding equipment eligible to be sold or traded in | |
514 | + | using certain procedures; and providing a n effective | |
515 | + | date. | |
516 | + | ||
517 | + | ||
518 | + | ||
519 | + | ||
520 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
521 | + | SECTION 4. AMENDATORY 19 O.S. 2021, Section 421, is | |
522 | + | amended to read as follows: | |
523 | + | Section 421. From and after the effective date of this act | |
524 | + | After November 1, 2009, each board of county commissioners of the | |
525 | + | several counties in the state shall within thirty (30) days after | |
526 | + | the disposition of a ny tools, apparatus, machine ry, and equipment | |
527 | + | belonging to the county or leased or otherwise let to it or any | |
528 | + | department thereof, the original cost of which is more than Five | |
529 | + | Hundred Dollars ($500.00) Two Thousand Five Hundred Dollars | |
530 | + | ($2,500.00), whether sold, exchanged, junked, leased or let where | |
531 | + | authorized by statute, shall enter, or cause to be entered, in the | |
532 | + | ||
533 | + | ENGR. S. B. NO. 952 Page 2 1 | |
534 | + | 2 | |
535 | + | 3 | |
536 | + | 4 | |
537 | + | 5 | |
538 | + | 6 | |
539 | + | 7 | |
540 | + | 8 | |
541 | + | 9 | |
542 | + | 10 | |
543 | + | 11 | |
544 | + | 12 | |
545 | + | 13 | |
546 | + | 14 | |
547 | + | 15 | |
548 | + | 16 | |
549 | + | 17 | |
550 | + | 18 | |
551 | + | 19 | |
552 | + | 20 | |
553 | + | 21 | |
554 | + | 22 | |
555 | + | 23 | |
556 | + | 24 | |
557 | + | ||
558 | + | minutes of the proceedings of the board the fact of such | |
559 | + | disposition, including complete description of ite m, serial number, | |
560 | + | the date property was acquired, the name and address of the person | |
561 | + | or firm from whom propert y was acquired, the cost price at time of | |
562 | + | acquisition or contract price if acquired under lease -rental | |
563 | + | agreement, the date of disposition, the nam e and address of the | |
564 | + | person or firm to whom property transferred, the price received | |
565 | + | therefor and the reason f or disposition. | |
566 | + | SECTION 5. AMENDATORY 19 O.S. 2021, Section 421.1, is | |
567 | + | amended to read as follows: | |
568 | + | Section 421.1. A. The board of county commissioners is he reby | |
569 | + | authorized to use any tools, apparatus, machinery or equipment | |
570 | + | belonging to the county, the original cost of whic h exceeded Five | |
571 | + | Hundred Dollars ($500.00) Two Thousand Five Hundred Dollars | |
572 | + | ($2,500.00), as a trade-in on a cash purchase or lease purchas e of | |
573 | + | any other tools, apparatus, machinery or equipment. | |
574 | + | B. To establish an appraised value for an item to be sold at | |
575 | + | public auction or traded in, the purchasing agent may refer to an | |
576 | + | industry-recognized appraisal manua l for used construction equipment | |
577 | + | to estimate the value of the item being sold, or obtain appraisal | |
578 | + | quotes from at least two vendors in the business of se lling items | |
579 | + | like the one being sold. | |
580 | + | C. Except when such items are disposed of pursuant to | |
581 | + | subsection E, F or I of this section, the foll owing procedures shall | |
582 | + | ||
583 | + | ENGR. S. B. NO. 952 Page 3 1 | |
584 | + | 2 | |
585 | + | 3 | |
586 | + | 4 | |
587 | + | 5 | |
588 | + | 6 | |
589 | + | 7 | |
590 | + | 8 | |
591 | + | 9 | |
592 | + | 10 | |
593 | + | 11 | |
594 | + | 12 | |
595 | + | 13 | |
596 | + | 14 | |
597 | + | 15 | |
598 | + | 16 | |
599 | + | 17 | |
600 | + | 18 | |
601 | + | 19 | |
602 | + | 20 | |
603 | + | 21 | |
604 | + | 22 | |
605 | + | 23 | |
606 | + | 24 | |
607 | + | ||
608 | + | be used for the sale, by the board of county commi ssioners, of any | |
609 | + | tools, apparatus, machinery or equipment, the original cost of which | |
610 | + | exceeded Five Hundred Dollars ($500.00) Two Thousand Five Hundred | |
611 | + | Dollars ($2,500.00) or any information technology hardware or | |
612 | + | software having an original cost of Five H undred Dollars ($500.00) | |
613 | + | or more, belonging to the county: | |
614 | + | 1. The board of county commissioners shall give notice of such | |
615 | + | sale by publication in a newspaper of general paid circulati on in | |
616 | + | the county for two successive weekly issues; | |
617 | + | 2. Bids for such tool s, apparatus, machinery or equipment on | |
618 | + | sale shall be in writing, sealed and delivered to the county clerk | |
619 | + | of such county; | |
620 | + | 3. At the next regular meeting of the board of county | |
621 | + | commissioners after the expiration of fifteen (15) days from the | |
622 | + | date of first publication of notice of the sale, the board of county | |
623 | + | commissioners shall open such bids and award such tools, apparatus, | |
624 | + | machinery or equipment to the highest and best bidder with the | |
625 | + | option of rejecting all bids; and | |
626 | + | 4. The board of county commissione rs may hold a public auction | |
627 | + | or use an Internet auction, which may include online bidding, in | |
628 | + | lieu of advertising for sealed bids as provided above . Such auction | |
629 | + | shall be advertised as provided herein. | |
630 | + | D. A board of county commissioners may sell any mate rials, | |
631 | + | tools, apparatus, machinery or equipme nt to a tribal governmental | |
632 | + | ||
633 | + | ENGR. S. B. NO. 952 Page 4 1 | |
634 | + | 2 | |
635 | + | 3 | |
636 | + | 4 | |
637 | + | 5 | |
638 | + | 6 | |
639 | + | 7 | |
640 | + | 8 | |
641 | + | 9 | |
642 | + | 10 | |
643 | + | 11 | |
644 | + | 12 | |
645 | + | 13 | |
646 | + | 14 | |
647 | + | 15 | |
648 | + | 16 | |
649 | + | 17 | |
650 | + | 18 | |
651 | + | 19 | |
652 | + | 20 | |
653 | + | 21 | |
654 | + | 22 | |
655 | + | 23 | |
656 | + | 24 | |
657 | + | ||
658 | + | entity or state agency, if the agency is subject to the Oklahoma | |
659 | + | Central Purchasing Act. The board of county commissioners may | |
660 | + | purchase materials, tools, apparatus, machinery or equi pment from a | |
661 | + | state agency, if the agency is s ubject to the Oklahoma Central | |
662 | + | Purchasing Act. | |
663 | + | E. The board of county commissioners may, by resolutio n, enter | |
664 | + | into an agreement with any tribal governmental entity or other | |
665 | + | county or political subdivision for t he purpose of selling, | |
666 | + | transferring, trading or otherwise disposing of equipment or | |
667 | + | materials at a price agreed upon by both governing bodies. | |
668 | + | Transactions made pursuant to this subs ection shall not be subject | |
669 | + | to the requirements in subsection C of this s ection. | |
670 | + | F. Advertisement of surplus property consigned to sell at a | |
671 | + | Circuit Engineering District auction shall be provided by the | |
672 | + | auction company under contract to conduct the sale. Advertising | |
673 | + | shall be provided to attract the most potential buyers. Adv ertising | |
674 | + | media may include, but not be limite d to, sale flyers, newspapers, | |
675 | + | radio, television, and Internet postings. | |
676 | + | G. Pursuant to the authority of Section 1 of this title, boards | |
677 | + | of county commissioners shall have authority, under such statute and | |
678 | + | in consideration of the procedures in this sectio n to sell real | |
679 | + | property belonging to the county without declaring such property | |
680 | + | surplus under the foll owing conditions: | |
681 | + | ||
682 | + | ENGR. S. B. NO. 952 Page 5 1 | |
683 | + | 2 | |
684 | + | 3 | |
685 | + | 4 | |
686 | + | 5 | |
687 | + | 6 | |
688 | + | 7 | |
689 | + | 8 | |
690 | + | 9 | |
691 | + | 10 | |
692 | + | 11 | |
693 | + | 12 | |
694 | + | 13 | |
695 | + | 14 | |
696 | + | 15 | |
697 | + | 16 | |
698 | + | 17 | |
699 | + | 18 | |
700 | + | 19 | |
701 | + | 20 | |
702 | + | 21 | |
703 | + | 22 | |
704 | + | 23 | |
705 | + | 24 | |
706 | + | ||
707 | + | 1. A certified appraisal of the county property shall be | |
708 | + | performed to determine the market value of the property and accepted | |
709 | + | by the board of county commissioners; | |
710 | + | 2. After acceptance of the certified appraisal, the board of | |
711 | + | county commissioners shall, pursuant to the req uirements of this | |
712 | + | section, give notice of such sale by publication in a n ewspaper of | |
713 | + | general paid circulation in the c ounty for two successive weekly | |
714 | + | issues; | |
715 | + | 3. Bids for the real property shall be in writing, sealed and | |
716 | + | delivered to the county clerk of su ch county; | |
717 | + | 4. At the next regular meeting of the board of county | |
718 | + | commissioners after the expiration of fifteen (15) d ays from the | |
719 | + | date of first publication of notice of sale, the board of county | |
720 | + | commissioners shall open such bids; | |
721 | + | 5. A successful bid mus t be no less than the market value of | |
722 | + | the real property to be considered by the board of county | |
723 | + | commissioners for acce ptance. The board of county commissioners | |
724 | + | reserves the right to reject any and all bids; | |
725 | + | 6. If more than one bid is above the market val ue of the real | |
726 | + | property, the board of county commissioners shall have the right to | |
727 | + | compel the potential buyers of the real property who have bid above | |
728 | + | the market amount to enter into public auction conducted by the | |
729 | + | chairman of the board of county commissio ners after the opening of | |
730 | + | such bids, to establish the highest bid for the property in order to | |
731 | + | ||
732 | + | ENGR. S. B. NO. 952 Page 6 1 | |
733 | + | 2 | |
734 | + | 3 | |
735 | + | 4 | |
736 | + | 5 | |
737 | + | 6 | |
738 | + | 7 | |
739 | + | 8 | |
740 | + | 9 | |
741 | + | 10 | |
742 | + | 11 | |
743 | + | 12 | |
744 | + | 13 | |
745 | + | 14 | |
746 | + | 15 | |
747 | + | 16 | |
748 | + | 17 | |
749 | + | 18 | |
750 | + | 19 | |
751 | + | 20 | |
752 | + | 21 | |
753 | + | 22 | |
754 | + | 23 | |
755 | + | 24 | |
756 | + | ||
757 | + | assure that the county is receiving adequate consideration for the | |
758 | + | property; | |
759 | + | 7. A majority vote of the board of county commi ssioners shall | |
760 | + | be required to determ ine the successful bidder of the real property. | |
761 | + | Upon awarding the bid, e ither through sealed bid or by conducting a | |
762 | + | public auction of those bidders who bid more than the market value | |
763 | + | of the real property, the board of c ounty commissioners shall have | |
764 | + | the right to pledge the occupied property, using an irrevocable bond | |
765 | + | or letter of credit, as provided for in paragraph 10 o f this | |
766 | + | subsection, as collateral in order to finance bonds to purchase | |
767 | + | other real property or build a replacement building, or both; | |
768 | + | 8. If the sale price is less than the estimated cost of new | |
769 | + | land purchase or construction, then said sales contract shall be | |
770 | + | contingent upon the public approval of bond funding or other | |
771 | + | authorized funding to allow the comple te payment of the contemplated | |
772 | + | project; | |
773 | + | 9. The board of county commissioners shall have authority | |
774 | + | pursuant to paragraphs 5 and 6 of Section 1 of this tit le to make | |
775 | + | any order concerning the sale of such property contingent upon a | |
776 | + | closing date in the future in order to continue to use said re al | |
777 | + | property until a replacement building is completed. Upon completion | |
778 | + | of the replacement building, the board of coun ty commissioners shall | |
779 | + | execute all documents and title transfers pertaining to said real | |
780 | + | property to the successful bidder; | |
781 | + | ||
782 | + | ENGR. S. B. NO. 952 Page 7 1 | |
783 | + | 2 | |
784 | + | 3 | |
785 | + | 4 | |
786 | + | 5 | |
787 | + | 6 | |
788 | + | 7 | |
789 | + | 8 | |
790 | + | 9 | |
791 | + | 10 | |
792 | + | 11 | |
793 | + | 12 | |
794 | + | 13 | |
795 | + | 14 | |
796 | + | 15 | |
797 | + | 16 | |
798 | + | 17 | |
799 | + | 18 | |
800 | + | 19 | |
801 | + | 20 | |
802 | + | 21 | |
803 | + | 22 | |
804 | + | 23 | |
805 | + | 24 | |
197 | 806 | ||
198 | 807 | 10. The successful bidder shall execute an irrevocable bond or | |
199 | 808 | letter of credit with a surety company or bank licensed to do | |
200 | 809 | business in the State of Oklahoma and organized under the corporate | |
201 | 810 | laws of the State of Oklahoma and regist ered with the Secretary of | |
202 | 811 | State of Oklahoma equal to the amount of the purchase price of the | |
203 | 812 | real property within fifteen (15) days of awarding of the bi d. | |
204 | 813 | Failure to provide either an irrevocable bond or letter of credit in | |
205 | 814 | favor of the board of county commissioners within said time | |
206 | 815 | limitation shall act as a rejection and cancellation by the board of | |
207 | 816 | the award of bid and said board may, at that point, en ter into a | |
208 | 817 | contract with any secondary or subsequent bidder that meets the | |
209 | 818 | aforementioned qualificatio ns without further notice; and | |
210 | - | ||
211 | 819 | 11. If there are no bids submitted or all submitted bids are | |
212 | 820 | less than the market value of the real property after the exp iration | |
213 | 821 | of fifteen (15) days from the date of first publication of notice of | |
214 | 822 | sale, the board of county commissioners shall publish the not ice of | |
215 | 823 | sale and accept bids for a second time complying with the | |
216 | 824 | requirements of paragraphs 2 through 4 of this subsec tion. If there | |
217 | 825 | are no bids submitted or all submitted bids are less than the market | |
218 | 826 | value of the real property after the expiration of fi fteen (15) days | |
219 | 827 | from the date of second publication of notice of sale, th e board of | |
220 | 828 | county commissioners shall have th e right to sell real property, | |
221 | 829 | upon majority vote, without any bidding procedure or auction, | |
830 | + | directly to any person or entity for an amoun t that is not less than | |
222 | 831 | ||
223 | - | ENR. S. B. NO. 952 Page 6 | |
224 | - | directly to any person or entity for an amount that is not less than | |
832 | + | ENGR. S. B. NO. 952 Page 8 1 | |
833 | + | 2 | |
834 | + | 3 | |
835 | + | 4 | |
836 | + | 5 | |
837 | + | 6 | |
838 | + | 7 | |
839 | + | 8 | |
840 | + | 9 | |
841 | + | 10 | |
842 | + | 11 | |
843 | + | 12 | |
844 | + | 13 | |
845 | + | 14 | |
846 | + | 15 | |
847 | + | 16 | |
848 | + | 17 | |
849 | + | 18 | |
850 | + | 19 | |
851 | + | 20 | |
852 | + | 21 | |
853 | + | 22 | |
854 | + | 23 | |
855 | + | 24 | |
856 | + | ||
225 | 857 | the highest bid previously submitted through any previous bidding | |
226 | 858 | procedures provided in this subsection. | |
227 | - | ||
228 | 859 | H. The board of county commissioners may solicit telephone bids | |
229 | 860 | for the removal of recycl able materials. | |
230 | - | ||
231 | 861 | I. The board of cou nty commissioners shall have the authority | |
232 | 862 | to trade in equipment to a ven dor or on statewide contract by | |
233 | 863 | acquiring used equipment values pursuant to subsection B of this | |
234 | 864 | section. | |
235 | - | ||
236 | - | SECTION 3. This act shall become effective November 1, 2023. | |
237 | - | ||
238 | - | ||
239 | - | ENR. S. B. NO. 952 Page 7 | |
240 | - | Passed the Senate the 23rd day of May, 2023. | |
865 | + | SECTION 6. This act shall become effective November 1, 2023. | |
866 | + | Passed the Senate the 28th day of February, 2023. | |
241 | 867 | ||
242 | 868 | ||
243 | 869 | ||
244 | 870 | Presiding Officer of the Senate | |
245 | 871 | ||
246 | 872 | ||
247 | - | Passed the House of Representatives the 27th day of April, 2023. | |
873 | + | Passed the House of Represen tatives the ____ day of __________, | |
874 | + | 2023. | |
248 | 875 | ||
249 | 876 | ||
250 | 877 | ||
251 | 878 | Presiding Officer of the House | |
252 | 879 | of Representatives | |
253 | 880 | ||
254 | - | OFFICE OF THE GOVERNOR | |
255 | - | Received by the Office of the Governor this _______ _____________ | |
256 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
257 | - | By: _______________________________ __ | |
258 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
259 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
260 | 881 | ||
261 | - | _________________________________ | |
262 | - | Governor of the State of Oklahoma | |
263 | - | ||
264 | - | ||
265 | - | OFFICE OF THE SECRETARY OF STATE | |
266 | - | Received by the Office of the Secretary of State this _______ ___ | |
267 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
268 | - | By: ____________________ _____________ |