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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 772 By: Stewart
AS INTRODUCED
An Act relating to counties; amending 19 O.S. 2021,
Section 178.1, which relates to inventory of county
equipment; modifying certain req uired inventory of
county property; amending 19 O.S. 2021, Sections 421
and 421.1, as amended by Section s 1 and 2, Chapter
337, O.S.L. 2023 (19 O.S. Supp. 2024, Section s 421
and 421.1), which relate to the sale, trade, or
disposition of county equipment; m odifying certain
required inventory of county property; modifying
process of disposition of county property; amending
19 O.S. 2021, Section 1502, as amended by Section 2,
Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024, Section
1502), which relates to the inve ntory system for
county supplies, materials, and equipment; modifying
certain required inventory of county property;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 178.1, is
amended to read as follows:
Section 178.1. A. The board of county commissioners in each
county of this state shall take, or cause to be taken, an inventory
of all working tools, apparatus, machinery and equipment property
belonging to the county or leased or otherwise let to it or to any
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department thereof, other than that which is affixed to and made a
part of lands and buildings, as follows:
1. All working tools, apparatus, machinery , and equipment, the
cost of which as to each complete working unit thereof is more than
Five Hundred Dollars ($500.00) , and thereafter Two Thousand Five
Hundred Dollars ($2,500.00) or more;
2. All supplies, materials, and equipment of a county used in
the construction and maintenance of roads and bridges having an
original cost of Two Thousand Five Hundred Dollars ($2,500.00) or
more;
3. All supplies, materials, equipment, and telecommunication
goods of a county not used in the construction and maintenan ce of
roads and bridges having an original cost of Two Thousand Five
Hundred Dollars ($2,500.00) or more;
4. All information technology hardware, software, and devices,
such as laptops, tablets, cameras, and cell phones of a county
having an original cost of Five Hundred Dollars ($500.00) or more;
and
5. All firearms of a county having an original cost of Five
Hundred Dollars ($500.00) or more.
B. The board of county commissioners shall maintain or cause to
be maintained a continuous inventory record the reof and of like
tools, apparatus, machinery and equipment purchased, leased , or
otherwise coming into the custody of the county or of any office,
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board, department, commission , or any or either thereof, and the
disposition thereof whether sold, exchanged, leased or let where
authorized by statute, junked, strayed , or stolen, and annually
thereafter, or oftener more often in the event of death, resignation
or removal of an elective officer with a term, to verify or cause to
be verified by count and report o f the same as of the end of a term
of office and as part and parcel of the acc ounting required by law
of a retiring or re-elected officer, and, as to appointive heads of
departments amenable directly to the board of county commissioners
and as to quasi-governmental boards and commissions such as free
fair boards, hospital boards , and the like, the same shall be as of
the last business day immediately preceding the day certain
commencing a new term of the board of county commissioners; all in
the manner as provided by law.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 421, as
amended by Section 1, Chapter 337, O.S.L. 2023 (19 O.S. Supp. 2024,
Section 421), is amended to read as follows:
Section 421. After November 1, 2009, each board of county
commissioners of the several counties in the state shall within
thirty (30) days after the disposition of any tools, apparatus,
machinery, and equipment, or anything required to be inventoried
pursuant to Sections 178.1 and 1502 of this title belonging to the
county or leased or otherwise let to it or any department thereo f,
the original cost of which is more than One Thousand Dollars
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($1,000.00), whether sold, exchanged, junked, leased or let where
authorized by statute, shall enter, or cause to be entered, in the
minutes of the proceedings of the board the fact of such
disposition, including complete description of item, serial number,
the date property was acquired, the name and address of the person
or firm from whom property was acquired, the cost price at time of
acquisition or contract price if acquired under lease -rental
agreement, the date of disposition, the name and address of the
person or firm to whom property transferred, the price received
therefor, and the reason for disposition.
SECTION 3. AMENDATORY 19 O.S. 2021, Section 421.1, as
amended by Section 2, Chapter 337, O.S.L. 2023 (19 O.S. Supp. 2024,
Section 421.1), is amended to read as follows:
Section 421.1. A. The board of county commissioners is hereby
authorized to use any tools, apparatus, machinery or, equipment, or
anything required to be on inventory pursuant to Sections 178.1 and
1502 of this title belonging to the county, the original cost of
which exceeded One Thousand Dollars ($1,000.00), as a trade-in on a
cash purchase or lease purchase of any other tools, apparatus,
machinery or, equipment, or property required to be inventoried
pursuant to Sections 178.1 and 1502 of this title .
B. To establish an appraised value for an item to be sold at
public auction or traded in, the purchasing agent may refer to an
industry-recognized appraisal manual for used construction equipment
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to estimate the value of the item being sold, or obtain appraisal
quotes from at least two vendors in the business of sellin g items
like the one being sold.
C. Except when such items are disposed of pursuant to
subsection E, F, or I of this section, the following procedures
shall be used for the sale, by the board of county commissioners, of
any tools, apparatus, machinery or, equipment, the original cost of
which exceeded One Thousand Dollars ($1,000.0 0) or any information
technology hardware or software having an original cost of Five
Hundred Dollars ($500.00) or more, or anything required to be on
inventory pursuant to Sections 178.1 and 1502 of this title
belonging to the county:
1. The board of county commissioners shall give notice of such
sale by publication in a newspaper of general paid circulation in
the county for two successive weekly issues;
2. Bids for such tools , apparatus, machinery or, equipment, or
anything required to be on inventory pursuant to Sections 178.1 and
1502 of this title on sale shall be in writing, sealed and delivered
to the county clerk of such county;
3. At the next regular meeting of the boa rd of county
commissioners after the expiration of fifteen (15) days from the
date of first publication of notice of the sale, the board of county
commissioners shall open such bids and award such tools, apparatus,
machinery or, equipment, or anything required to be on inventory
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pursuant to Sections 178.1 and 1502 of this title to the highest and
best bidder with the option of rejecting all bids; and
4. The In lieu of advertising for sealed bids as provided
above, the board of county commissioners may hold a public auction
or use an Internet auction , which may include that includes online
bidding, in lieu of advertising for sealed bids as provided above .
Such auction shall be advertised as provided herein.
D. A board of county commissioners may sell any m aterials,
tools, apparatus, machinery or, equipment, or anything required to
be on inventory pursuant to Sections 178.1 and 1502 of this title to
a tribal governmental entity or state agency, if the agency is
subject to the Oklahoma Central Purchasing Act. The board of county
commissioners may purchase materials, tools, apparatus, machinery
or, equipment, or anything required to be on inventory pursuant to
Sections 178.1 and 1502 of this title from a tribal governmental
entity or state agency, if the agenc y is subject to the Oklahoma
Central Purchasing Act.
E. The board of county c ommissioners may, by resolution, enter
into an agreement with any tribal governmental entity or other
county or political subdivision for the purpose of selling,
transferring, trading or otherwise disposing of equipment or,
materials, or anything required to be on inventory pursuant to
Sections 178.1 and 1502 of this title at a price agreed upon by both
governing bodies. Transactions made pursuant to this subsection
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shall not be subject to the requirements in subsection C of this
section.
F. Advertisement of surplus property consigned to sell at a
Circuit Engineering District auction shall be provided by the
auction company under contract to conduct the sale. Advertising
shall be provided to attract the most potential buyers. Advertising
media may include, but not be limited to, sale flyers, newspapers,
radio, television, and Internet postings.
G. Pursuant to the authority of Section 1 of this title, boards
of county commission ers shall have authority, under such statute and
in consideration of the proce dures in this section to sell real
property belonging to the county without declaring such property
surplus under the following conditions:
1. A certified appraisal of the count y property shall be
performed to determine the market value of the property and accepted
by the board of county commissioners;
2. After acceptance of the certified appraisal, the board of
county commissioners shall, pursuant to the requirements of this
section, give notice of such sale by publication in a newspaper of
general paid circulation in the county for two successive weekly
issues;
3. Bids for the real property shall be in writing, sealed and
delivered to the county clerk of such county;
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4. At the next regular meeting of the board of county
commissioners after the expiration of fifteen (15) days from the
date of first publication of notice of sale, the board of county
commissioners shall open such bids;
5. A successful bid must be no less than th e market value of
the real property to be considered by the board of county
commissioners for acceptance. The board of county commissioners
reserves the right to reject any and all bids;
6. If more than one bid is above the market value of the real
property, the board of county commissioners shall have the right to
compel the potential buyers of the real property who have bid above
the market amount to enter into public auction conducted by the
chairman of the board of county commissioners after the openi ng of
such bids, to establish the highest bid for the property in order to
assure that the county is receiving adequate consideration for the
property;
7. A majority vote of the board of county commissioners shall
be required to determine the successful b idder of the real property.
Upon awarding the bid, either through sealed bid or by conducting a
public auction of those bidders who bid more than the market value
of the real property, the board of county commissioners shall have
the right to pledge the o ccupied property, using an irrevocable bond
or letter of credit, as provided f or in paragraph 10 of this
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subsection, as collateral in order to finance bonds to purchase
other real property or build a replacement building, or both;
8. If the sale price is less than the estimated cost of new
land purchase or construction, then said sales contract shall be
contingent upon the public approval of bond funding or other
authorized funding to allow the complete payment of the contemplated
project;
9. The board of county commissioners shall have authority
pursuant to paragraphs 5 and 6 of S ection 1 of this title to make
any order concerning the sale of such property contingent upon a
closing date in the future in order to continue to use said real
property until a replacement building is completed. Upon completion
of the replacement building, the board of county commissioners shall
execute all documents and title transfers pertaining to said real
property to the successful bidder;
10. The successful bidder shall e xecute an irrevocable bond or
letter of credit with a surety company or bank l icensed to do
business in the State of Oklahoma and organized under the corporate
laws of the State of Oklahoma and registered with the Secretary of
State of Oklahoma equal to th e amount of the purchase price of the
real property within fifteen (15) days of awarding of the bid.
Failure to provide either an irrevocable bond or letter of credit in
favor of the board of county commissioners within said time
limitation shall act as a rejection and cancellation by the board of
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the award of bid and said board ma y, at that point, enter into a
contract with any secondary or subsequent bidder that meets the
aforementioned qualifications without further notice; and
11. If there are no bids submitted or all submitted bids are
less than the market value of the real property after the expiration
of fifteen (15) days from the date of first publication of notice of
sale, the board of county commissioners shall publish the notice of
sale and accept bids for a second time complying with the
requirements of paragraphs 2 thro ugh 4 of this subsection. If there
are no bids submitted or all submitted bids are less than the market
value of the real property after the expiration of fifteen (15) days
from the date of second publication of notice of sale, the board of
county commissioners shall have the right to sell real property,
upon majority vote, without any bidding procedure or auction,
directly to any person or entity for an amount that is not less t han
the highest bid previously submitted through any previous bidding
procedures provided in this subsection.
H. The board of county commissioners may solicit telephone bids
for the removal of recyclable materials.
I. The board of county commissioners sh all have the authority
to trade in equipment to a vendor or on statewide contract by
acquiring used equipment values pursuant to subsection B of this
section.
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SECTION 4. AMENDATORY 19 O.S. 2021, Section 1502, as
amended by Section 2, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,
Section 1502), is amended to read as follows:
Section 1502. A. 1. The board of county commissioners or a
designated employee shall:
a. prescribe a uniform identification system for all
supplies, materials and, equipment, and information
technology of a county used in the construction and
maintenance of roads and bridges, and
b. create and administer an inventory system , to be
overseen by the county road and bridge inventory
officer, for all:
(1) equipment of a county having an original cost of
Two Thousand Five Hundred Dollars ($2,5 00.00) or
more for use in the construction and maintenance
of roads and bridges, and
(2) supplies and materials of a county purchased in
lots of Two Thousand Five Hundred Dollars
($2,500.00) or more for use in the construction
and maintenance of roads and bridges , and
(3) information technology hardware, software, and
devices, such as laptops, tablets, cameras, and
cell phones of a county having an original cost
of Five Hundred Dollars ($500.00) or more for use
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in the construction and maintenance of roads a nd
bridges.
Such person shall be the county road and bridge inventory officer.
2. a. In counties having a county budget board created
pursuant to Section 1402 et seq. of this tit le, said
board may, upon an affirmative vote of a majority of
all the board members then in office, appoint a county
road and bridge inventory officer who shall be
employed by the county and shall have such duties as
are provided in subparagraphs a and b o f paragraph 1
of this subsection. In the event the board does not
appoint a county road and bridge inventory officer the
board of county commissioners or its designee shall be
the county road and bridge inventory officer. The
appointed county road and br idge inventory officer
shall be under the general supervision and direction
of the appointing authority.
b. The appointed county road and bridge inventory officer
shall be authorized necessary assistants to carry out
the duties and responsibilities provide d by law and as
may be delegated by the appointing authority.
Provided, the employment of such assistants shall be
upon the approval of the appointing authority. The
salary of the county road and bridge inventory officer
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and assistants shall be fixed by the appointing
authority.
c. The appointed county road and bridge inventory officer
shall, at the expense of the county, be authorized
adequate office space, furnishings, equipment and
supplies to carry out the duties and responsibilities
of the county road and bridge inventory officer as
provided by law and as may be delegated by t he
appointing authority. Provided, the acquisition of
such furnishings, equipment and supplies shall be upon
the approval of the appointing authority and the
acquisition of office space shall be upon the approval
of the board of county commissioners.
B. The board of county commissioners shall:
1. Prescribe a uniform identification system for all supplies,
materials, equipment and, information technology and,
telecommunication goods, and firearms of a county not used in the
construction and maintenance of roads and bridges; and
2. Create and administer an inventory system for all:
a. equipment and telecommunication goods of a county
having an original cost of Two Thousand Five H undred
Dollars ($2,500.00) or more and not used in the
construction and maintenance of roads and bridges,
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b. information technology hardware and, software, and
devices, such as laptops, tablets, cameras, and cell
phones of a county having an original cost of Five
Hundred Dollars ($500.00) or more and not used in the
construction and maintenance of roads and bridges, and
c. supplies and materials of a county purchased in lots
of Two Thousand Five Hundred Dollars ($2,500.00) or
more and not used in the constr uction and maintenance
of roads and bridges , and
d. firearms of a county having an original cost of Five
Hundred Dollars ($500.00) or more and not used in the
construction and maintenance of roads and bridges .
The board of county commissioners may designat e an employee of that
office to administer such inventory system.
SECTION 5. This act shall become effective November 1, 2025.
60-1-1087 MSBB 1/15/2025 3:32:33 PM