ENROLLED HOUSE
BILL NO. 2995	By:	Newell of the House

			   and

		Ivester of the Senate

An Act relating to county and county officers; amending 19 O.S. 2011, Sections 339, 421.2 and 1502, which relate to county commissioners; modifying general powers of the board; modifying transfer of surplus equipment; requiring board to prescribe certain inventory system for county supplies; and providing an effective date.

SUBJECT:  County commissioners

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     19 O.S. 2011, Section 339, is amended to read as follows:

Section 339.  A.  The county commissioners shall have power:

1.  To make all orders respecting the real property of the county, to sell the public grounds of the county and to purchase other grounds in lieu thereof; and for the purpose of carrying out the provisions of this section it shall be sufficient to convey all the interests of the county in those grounds when an order made for the sale and a deed is executed in the name of the county by the chair of the board of county commissioners, reciting the order, and signed by the chair and acknowledged by the county clerk for and on behalf of the county;

2.  To audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county or appropriated for its benefit;
3.  To construct and repair bridges and to open, lay out and vacate highways; provided, however, that when any state institution, school or department shall own, lease or otherwise control land on both sides of any established highway, the governing board or body of the same shall have the power to vacate, alter or relocate the highway adjoining the property in the following manner:

If it should appear that it would be to the best use and interest of the institution, school or department to vacate, alter or relocate such highway, the governing board or body shall notify the board of county commissioners, in writing, of their intention to hold a public hearing and determine whether to vacate, alter or relocate the highway, setting forth the location and terminals of the road, and all data concerning the proposed right-of-way if changed or relocated, and shall give fifteen (15) days' notice of the hearing by publication in some newspaper in the county or counties in which the road is located, and the hearing shall be held at the county seat of the county in which the road is located, and if a county line road, may be heard in either county.  At the hearing testimony may be taken, and any protests or suggestions shall be received as to the proposed measure, and at the conclusion thereof if the governing board or body shall find that it would be to the best use and interest of the institution, school or department, and the public generally, they may make an appropriate order either vacating, altering or relocating the highway, which order shall be final if approved by the board of county commissioners.  The institution, school or department may by agreement share the cost of changing any such road.  No property owner shall be denied access to a public highway by the order;

4.  To recommend or sponsor an employee or prospective employee for job-related training and certification in an area that may require training or certification to comply with state or federal law as such training or certification is provided by the Department of Transportation, the Federal Highway Administration, or any other state agency, technology center school, or university;

5.  Until January 1, 1983, to furnish necessary blank books, plats, blanks and stationery for the clerk of the district court, county clerk, register of deeds, county treasurer and county judge, sheriff, county surveyor and county attorney, justices of the peace, and constables, to be paid for out of the county treasury; also a fireproof vault sufficient in which to keep all the books, records, vouchers and papers pertaining to the business of the county;

6.  To set off, organize and change the boundaries of townships and to designate and give names therefor; provided, that the boundaries of no township shall be changed within six (6) months next preceding a general election;

7.  To lease tools, apparatus, machinery or equipment of the county to another political subdivision or a state agency.  The Association of County Commissioners of Oklahoma, and the Oklahoma State University Center for Local Government Technology and the Office of the State Auditor and Inspector, together, shall establish a system of uniform rates for the leasing of such tools, apparatus, machinery and equipment;

8.  To jointly, with other counties, buy heavy equipment and to loan or lease such equipment across county lines;

9.  To develop minimum personnel policies for the county with the approval of a majority of all county elected officers;

10.  To purchase, rent, or lease-purchase uniforms, safety devices and equipment for the officers and employees of the county and provide incentive awards for safety-related job performance.  However, no employee shall be recognized more than once per calendar year and the award shall not exceed the value of Two Hundred Fifty Dollars ($250.00); further, no elected official shall be eligible to receive a safety award.  The county commissioners may pay for any safety training or safety devices and safety equipment out of the general county funds or any county highway funds available to the county commissioners;

11.  To provide for payment of notary commissions, filing fees, and the cost of notary seals and bonds;

12.  To do and perform other duties and acts that the board of county commissioners may be required by law to do and perform;

13.  To make purchases at a public auction pursuant to the county purchasing procedures in subsection D of Section 1505 of this title;

14.  To deposit interest income from highway funds in the general fund of the county;

15.  To submit sealed bids for the purchase of equipment from this state, or any agency or political subdivision of this state;
16.  To utilize county-owned equipment, labor and supplies at their disposal on property owned by the county, public schools, two-year colleges or technical branches of colleges that are members of The Oklahoma State System of Higher Education, the state and municipalities according to the provisions of Section 36-113 of Title 11 of the Oklahoma Statutes.  Cooperative agreements may be general in terms of routine maintenance or specific in terms of construction and agreed to and renewed on an annual basis.  Work performed pursuant to Section 36-113 of Title 11 of the Oklahoma Statutes shall comply with the provisions of this section;

17.  To enter into intergovernmental cooperative agreements with the federally recognized Indian tribes within this state to address issues of construction and maintenance of streets, roads, bridges and highways exclusive of the provisions of Section 1221 of Title 74 of the Oklahoma Statutes;

18.  To execute hold harmless agreements with the lessor in the manner provided by subsection B of Section 636.5 of Title 69 of the Oklahoma Statutes when leasing or lease-purchasing equipment;

19.  To accept donations of right-of-way or right-of-way easements pursuant to Section 381 et seq. of Title 60 of the Oklahoma Statutes;

20.  To establish by resolution the use of per diem for specific purposes in accordance with the limitations provided by Sections 500.8 and 500.9 of Title 74 of the Oklahoma Statutes;

21.  To apply to the Department of Environmental Quality for a waste tire permit to bale waste tires for use in approved engineering projects;

22.  To enter into the National Association of Counties (NACo) Prescription Drug Discount Program; and

23.  To work with federal, state, municipal, and public school district properties in an effort to minimize cost to such entities.

B.  The county commissioners of a county or, in counties where there is a county budget board, the county budget board may designate money from general county funds for the designated purpose of drug enforcement and drug abuse prevention programs within the county.

C.  When any lease or lease purchase is made on behalf of the county by the board pursuant to the provisions of this section, the county shall be allowed to have trade in values for transactions involving the Oklahoma Central Purchasing Act.

D.  In order to timely comply with the Oklahoma Vehicle License and Registration Act with regard to county vehicles, the board of county commissioners may, by resolution, create a petty cash account.  The board of county commissioners may request a purchase order for petty cash in an amount necessary to pay the expense of license and registration fees for county motor vehicles.  Any balance in the petty cash account after the license and registration fees have been paid shall be returned to the account or fund from which the funds originated.  The county purchasing agent shall be the custodian of the petty cash account, and the petty cash account shall be subject to audit.

E.  When the board of county commissioners approve an express trust, pursuant to Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes, for the purpose of operating a county jail, the trustees of the public trust may appoint commissioned peace officers, certified by the Council on Law Enforcement Education and Training, to provide security for inmates that are required to be transported outside of the detention facility, and investigate violations of law within the detention facility.  Other personnel necessary to operate the jail may be employed and trained or certified as may be required by applicable state or federal law.

SECTION 2.     AMENDATORY     19 O.S. 2011, Section 421.2, is amended to read as follows:

Section 421.2  A unanimous vote of the board of county commissioners may transfer any machinery, equipment or vehicle belonging to the county, which is deemed by the board to be surplus, to a political subdivision of the state which is in need of such machinery, equipment or vehicle to benefit a significant part of the public served by the county; provided, however, one of the county commissioners voting in the majority is the county commissioner from whose district the subject property is to be transferred.  Upon such transfer, the subject property shall be removed from the inventory of the county.  Except as otherwise provided in this section, the board of county commissioners may not deem any property to be surplus during the period of time beginning thirty (30) days before the filing period for any election of a county commissioner and ending the day after a county commissioner is sworn in as such.  If the incumbent draws no opponent or if the incumbent county commissioner wins reelection, either at the primary, special, or general election, the prohibition of declaring county property or material surplus until the swearing in of county officials shall be removed and the county may dispose of surplus property as provided in this section.  When the political subdivision receiving such property declares same to be surplus, the governing body shall give written notice to the county of its intent to transfer such property back to the county.  The board of county commissioners shall have up to fifteen (15) days from the date of receipt of such notice to either accept or reject the property.  The political subdivision shall transfer such property back to the county only if the board of county commissioners agrees to accept the property or the board fails to respond within the fifteen-day time period.

SECTION 3.     AMENDATORY     19 O.S. 2011, Section 1502, is amended to read as follows:

Section 1502.  A.  1.  The State Auditor and Inspector board of county commissioners or a designated employee of the State Auditor and Inspector's office shall:

a.	prescribe a uniform identification system for all supplies, materials and equipment of a county used in the construction and maintenance of roads and bridges;, and

b.	create and administer an inventory system for all:

(1)	equipment of a county having an original cost of Five Hundred Dollars ($500.00) 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 Five Hundred Dollars ($500.00) or more for use in the construction and maintenance of roads and bridges.

Such person shall be the county road and bridge inventory officer.

2.	a.	In counties having a county budget board created pursuant to Sections 1402 et seq. of Title 19 of the Oklahoma Statutes, 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 of paragraph 1 of this subsection.  In the event the board does not appoint a county road and bridge inventory officer the State Auditor and Inspector board of county commissioners or designee shall be the county road and bridge inventory officer.  An The appointed county road and bridge inventory officer shall be under the general supervision and direction of the appointing authority.

b.	An The appointed county road and bridge inventory officer shall be authorized necessary assistants to carry out the duties and responsibilities provided 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 and assistants shall be fixed by the appointing authority.

c.	An 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 the 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 and equipment 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 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

b.	supplies and materials of a county purchased in lots 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 designate an employee of that office to administer such inventory system.

SECTION 4.  This act shall become effective November 1, 2012.

Passed the House of Representatives the 1st day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 18th day of April, 2012.

	
Presiding Officer of the Senate