1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 775 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to counties and county officers;
7 amending 19 O.S. 2021, Section 339, as amended by
8 Section 1, Chapter 333, O.S.L. 2022 (19 O.S. Supp.
8 2022, Section 339), which relates to general powers
9 of county commissioners; authorizing commissioners to
9 determine years of service for certain employees for
10 continuing education programs; expanding courses
10 offered; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 19 O.S. 2021, Section 339, as
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15 amended by Section 1, Chapter 333, O.S.L. 2022 (19 O.S. Supp. 2022,
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16 Section 339), is amended to read as follows:
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17 Section 339. A. The board of county commissioners shall have
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18 power:
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19 1. To make all orders respecting the real property of the
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20 county, to sell the public grounds of the county and to purchase
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21 other grounds in lieu thereof; and for the purpose of carrying out
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22 the provisions of this section it shall be sufficient to convey all
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23 the interests of the county in those grounds when an order made for
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24 the sale and a deed is executed in the name of the county by the
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 1 chair of the board of county commissioners, reciting the order, and
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2 signed by the chair and acknowledged by the county clerk for and on
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3 behalf of the county;
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4 2. To audit the accounts of all officers having the care,
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5 management, collection or disbursement of any money belonging to the
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6 county or appropriated for its benefit;
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7 3. To construct and repair bridges and to open, lay out and
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8 vacate highways; provided, however, that when any state institution,
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9 school or department shall own, lease or otherwise control land on
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10 both sides of any established highway, the governing board or body
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11 of the same shall have the power to vacate, alter or relocate the
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12 highway adjoining the property in the following manner:
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13 If it should appear that it would be to the best use and
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14 interest of the institution, school or department to vacate, alter
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15 or relocate such highway, the governing board or body shall notify
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16 the board of county commissioners, in writing, of their intention to
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17 hold a public hearing and determine whether to vacate, alter or
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18 relocate the highway, setting forth the location and terminals of
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19 the road, and all data concerning the proposed right-of-way if
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20 changed or relocated, and shall give fifteen (15) days’ notice of
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21 the hearing by publication in some newspaper in the county or
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22 counties in which the road is located, and the hearing shall be held
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23 at the county seat of the county in which the road is located, and
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24 if a county line road, may be heard in either county. At the
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 1 hearing testimony may be taken, and any protests or suggestions
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2 shall be received as to the proposed measure, and at the conclusion
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3 thereof if the governing board or body shall find that it would be
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4 to the best use and interest of the institution, school or
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5 department, and the public generally, they may make an appropriate
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6 order either vacating, altering or relocating the highway, which
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7 order shall be final if approved by the board of county
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8 commissioners. The institution, school or department may by
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9 agreement share the cost of changing any such road. No property
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10 owner shall be denied access to a public highway by the order;
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11 4. To recommend or sponsor an employee or prospective employee
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12 for job-related training and certification in an area that may
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13 require training or certification to comply with state or federal
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14 law as such training or certification is provided by the Department
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15 of Transportation, the Federal Highway Administration, or any other
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16 state agency, technology center school, or university;
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17 5. To approve determine the years of service required for full-
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18 time county employees to qualify for a continuing education program
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19 for full-time county employees with at least five (5) consecutive
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20 years of service to the county. Such programs shall may consist of
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21 courses offered by colleges and universities that are members of The
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22 Oklahoma State System of Higher Education as well as any other in-
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23 state or out-of-state programs or courses which are relevant to the
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24 employee’s responsibilities as approved by the county commissioners.
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 1 Such programs shall require that employees maintain at least an A or
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2 B average in order to qualify for one hundred percent (100%)
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3 reimbursement. Employees who maintain passing or satisfactory
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4 grades shall qualify for seventy- five percent (75%) reimbursement
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5 under such programs. Such programs shall require that documentation
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6 from colleges and universities regarding courses completed, credits
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7 earned and tuition charged be submitted to a board of county
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8 commissioners within ninety (90) days after the completion of
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9 courses. General applications and request forms for such programs
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10 shall be submitted to a board of county commissioners or an
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11 appropriate human resources department prior to the conclusion of a
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12 county’s current fiscal year. Employees who elect to participate in
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13 such programs shall continue to meet the full responsibilities of
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14 their positions, and participation shall not interfere with
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15 availability for scheduled work or negatively affect work
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16 performance. In order to be eligible for participation in such
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17 programs, employees shall not have been formally disciplined within
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18 one (1) year prior to submitting their program application. A board
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19 of county commissioners shall be authorized to establish a program
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20 requiring a one-year commitment of service to the county from
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21 individuals who participate in such programs. Under such programs,
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22 employees shall only be eligible to receive tuition reimbursements
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23 in exchange for employment with the county lasting at least one (1)
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24 year;
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 1 6. Until January 1, 1983, to furnish necessary blank books,
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2 plats, blanks and stationery for the clerk of the district court,
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3 county clerk, register of deeds, county treasurer and county judge,
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4 sheriff, county surveyor and county attorney, justices of the peace,
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5 and constables, to be paid for out of the county treasury; also a
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6 fireproof vault sufficient in which to keep all the books, records,
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7 vouchers and papers pertaining to the business of the county;
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8 7. To set off, organize and change the boundaries of townships
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9 and to designate and give names therefor; provided, that the
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10 boundaries of no township shall be changed within six (6) months
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11 next preceding a general election;
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12 8. To lease tools, apparatus, machinery or equipment of the
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13 county to another political subdivision or a state agency. The
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14 Association of County Commissioners of Oklahoma and the Oklahoma
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15 State University Center for Local Government Technology together
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16 shall establish a system of uniform rates for the leasing of such
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17 tools, apparatus, machinery and equipment;
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18 9. To jointly, with other counties, buy heavy equipment and to
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19 loan or lease such equipment across county lines;
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20 10. To develop personnel policies for the county with the
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21 approval of a majority of all county elected officers, as evidenced
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22 in the minutes of a meeting of the board of county commissioners or
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23 the county budget board;
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 1 11. To purchase, rent, or lease-purchase uniforms, safety
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2 devices and equipment for the officers and employees of the county.
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3 The county commissioners may pay for any safety training or safety
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4 devices and safety equipment out of the general county funds or any
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5 county highway funds available to the county commissioners;
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6 12. To provide incentive awards for safety-related job
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7 performance. However, no employee shall be recognized more than
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8 once per calendar year and the award shall not exceed the value of
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9 Two Hundred Fifty Dollars ($250.00); further, no elected official
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10 shall be eligible to receive a safety award;
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11 13. To provide for payment of notary commissions, filing fees,
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12 and the cost of notary seals and bonds;
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13 14. To do and perform other duties and acts that the board of
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14 county commissioners may be required by law to do and perform;
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15 15. To make purchases at a public auction pursuant to the
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16 county purchasing procedures in subsection D of Section 1505 of this
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17 title;
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18 16. To deposit interest income from highway funds in the
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19 general fund of the county;
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20 17. To submit sealed bids for the purchase of equipment from
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21 this state, or any agency or political subdivision of this state;
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22 18. To utilize county-owned equipment, labor and supplies at
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23 their disposal on property owned by the county, public schools, two-
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24 year colleges or technical branches of colleges that are members of
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 1 The Oklahoma State System of Higher Education, the state and
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2 municipalities according to the provisions of Section 36-113 of
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3 Title 11 of the Oklahoma Statutes. Cooperative agreements may be
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4 general in terms of routine maintenance or specific in terms of
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5 construction and agreed to and renewed on an annual basis. Work
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6 performed pursuant to Section 36-113 of Title 11 of the Oklahoma
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7 Statutes shall comply with the provisions of this section;
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8 19. To enter into intergovernmental cooperative agreements with
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9 the federally recognized Indian tribes within this state to address
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10 issues of construction and maintenance of streets, roads, bridges
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11 and highways exclusive of the provisions of Section 1221 of Title 74
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12 of the Oklahoma Statutes;
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13 20. To execute hold harmless agreements with the lessor in the
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14 manner provided by subsection B of Section 636.5 of Title 69 of the
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15 Oklahoma Statutes when leasing or lease-purchasing equipment;
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16 21. To accept donations of right-of-way or right-of-way
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17 easements pursuant to Section 381 et seq. of Title 60 of the
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18 Oklahoma Statutes;
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19 22. To establish by resolution the use of per diem for specific
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20 purposes in accordance with the limitations provided by Sections
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21 500.8 and 500.9 of Title 74 of the Oklahoma Statutes;
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22 23. To apply to the Department of Environmental Quality for a
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23 waste tire permit to bale waste tires for use in approved
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24 engineering projects;
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 1 24. To enter into the National Association of Counties (NACo)
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2 Prescription Drug Discount Program;
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3 25. To work with federal, state, municipal, and public school
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4 district properties in an effort to minimize cost to such entities;
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5 26. To provide incentive awards to employees for participating
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6 in voluntary wellness programs which result in improved health.
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7 Incentive awards may be created by the Wellness Council set forth in
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8 Section 1302 of this title;
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9 27. To establish a county employee benefit program to encourage
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10 outstanding performance in the workplace. Monies may be expended
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11 for the purchase of recognition awards for presentation to an
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12 employee or members of a work unit. Recognition awards may be
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13 presented at a formal or informal ceremony, banquet, reception or
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14 luncheon, the cost of which may be expended from monies available in
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15 the county department’s or division’s operating fund;
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16 28. To trade in equipment to a vendor or on statewide contract
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17 by acquiring used equipment values pursuant to subsection B of
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18 Section 421.1 of this title; and
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19 29. To expend federal funds made available to a county of the
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20 state through the federal Coronavirus Aid, Relief, and Economic
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21 Security Act (CARES Act), Pub. L. 116–136, or similar relief funds
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22 according to the permissible uses of the applicable federal
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23 legislation or guidance issued by any federal agency thereof,
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24 regardless of any lack of specific state statutory authorization to
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 1 perform the duties or functions for which the federal government has
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2 provided the funds. The expenditure of the funds in accordance with
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3 the federal legislation or guidance issued by any federal agency
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4 thereof shall be at the discretion of the board of county
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5 commissioners.
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6 The receipt of funding through the CARES Act or similar relief
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7 funds shall not be considered a supplemental appropriation and shall
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8 be exempt from the requirements of Section 1420 of this title. In
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9 the event the period allotted for expenditure of federal funds
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10 crosses fiscal years, such funds shall not be considered revenue
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11 when setting the county’s budget for the next fiscal year.
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12 B. The county commissioners of a county or, in counties where
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13 there is a county budget board, the county budget board may
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14 designate money from general county funds for the designated purpose
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15 of drug enforcement and drug abuse prevention programs within the
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16 county.
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17 C. When any lease or lease purchase is made on behalf of the
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18 county by the board pursuant to the provisions of this section, the
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19 county shall be allowed to have trade in values for transactions
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20 involving the Oklahoma Central Purchasing Act.
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21 D. In order to timely comply with the Oklahoma Vehicle License
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22 and Registration Act with regard to county vehicles, the board of
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23 county commissioners may, by resolution, create a petty cash
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24 account. The board of county commissioners may request a purchase
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 1 order for petty cash in an amount necessary to pay the expense of
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2 license and registration fees for county motor vehicles. Any
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3 balance in the petty cash account after the license and registration
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4 fees have been paid shall be returned to the account or fund from
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5 which the funds originated. The county purchasing agent shall be
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6 the custodian of the petty cash account, and the petty cash account
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7 shall be subject to audit.
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8 E. When the board of county commissioners approves an express
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9 trust, pursuant to Sections 176 through 180.4 of Title 60 of the
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10 Oklahoma Statutes, for the purpose of operating a county jail, the
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11 trustees of the public trust may appoint commissioned peace
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12 officers, certified by the Council on Law Enforcement Education and
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13 Training, to provide security for inmates that are required to be
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14 transported outside of the detention facility, and investigate
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15 violations of law within the detention facility. Other personnel
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16 necessary to operate the jail may be employed and trained or
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17 certified as may be required by applicable state or federal law.
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18 SECTION 2. This act shall become effective November 1, 2023.
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20 59-1-909 KR 1/18/2023 6:58:18 PM
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Statutes affected: