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Oklahoma Legislature· HB 3748Placed on General Order

An act relating to counties and county officers, the official text

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1                   STATE OF OKLAHOMA

2          2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3748               By: Harris

4

5

6

7                   AS INTRODUCED

8          An Act relating to counties and county officers;

           amending 19 O.S. 2021, Section 339, as last amended

9          by Section 1, Chapter 157, O.S.L. 2025 (19 O.S. Supp.

           2025, Section 339), which relates to the general

10         powers of the board of county commissioners;

           permitting use of county-owned equipment, labor, and

11         supplies on property owned by four-year institutions;

           and providing an effective date.

12

13

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

15  SECTION 1.      AMENDATORY  19 O.S. 2021, Section 339, as last

16 amended by Section 1, Chapter 157, O.S.L. 2025 (19 O.S. Supp. 2025,

17 Section 339), is amended to read as follows:

18  Section 339. A. The board of county commissioners shall have

19 power:

20  1. To make all orders respecting the real property of the

21 county, to sell the public grounds of the county and to purchase

22 other grounds in lieu thereof; and for the purpose of carrying out

23 the provisions of this section it shall be sufficient to convey all

24 the interests of the county in those grounds when an order made for

    Req. No. 15193                                                Page 1
1 the sale and a deed is executed in the name of the county by the

2 chair of the board of county commissioners, reciting the order, and

3 signed by the chair and acknowledged by the county clerk for and on

4 behalf of the county;

5   2. To audit the accounts of all officers having the care,

6 management, collection or disbursement of any money belonging to the

7 county or appropriated for its benefit;

8   3. To construct and repair bridges and to open, lay out, and

9 vacate highways; provided, however, that when any state institution,

10 school, or department shall own, lease, or otherwise control land on

11 both sides of any established highway, the governing board or body

12 of the same shall have the power to vacate, alter, or relocate the

13 highway adjoining the property in the following manner:

14  If it should appear that it would be to the best use and

15 interest of the institution, school, or department to vacate, alter,

16 or relocate such highway, the governing board or body shall notify

17 the board of county commissioners, in writing, of their intention to

18 hold a public hearing and determine whether to vacate, alter, or

19 relocate the highway, setting forth the location and terminals of

20 the road, and all data concerning the proposed right-of-way if

21 changed or relocated, and shall give fifteen (15) days' notice of

22 the hearing by publication in some newspaper in the county or

23 counties in which the road is located, and the hearing shall be held

24 at the county seat of the county in which the road is located, and

    Req. No. 15193                                                 Page 2
1 if a county line road, may be heard in either county. At the

2 hearing testimony may be taken, and any protests or suggestions

3 shall be received as to the proposed measure, and at the conclusion

4 thereof if the governing board or body shall find that it would be

5 to the best use and interest of the institution, school, or

6 department, and the public generally, they may make an appropriate

7 order either vacating, altering or relocating the highway, which

8 order shall be final if approved by the board of county

9 commissioners. The institution, school, or department may by

10 agreement share the cost of changing any such road. No property

11 owner shall be denied access to a public highway by the order;

12  4. To recommend or sponsor an employee or prospective employee

13 for job-related training and certification in an area that may

14 require training or certification to comply with state or federal

15 law as such training or certification is provided by the Department

16 of Transportation, the Federal Highway Administration, or any other

17 state agency, technology center school, or university;

18  5. To determine the years of service required for full-time

19 county employees to qualify for a continuing education program.

20 Such programs may consist of courses offered by colleges and

21 universities that are members of The Oklahoma State System of Higher

22 Education as well as any other in-state or out-of-state programs or

23 courses which are relevant to the employee's responsibilities as

24 approved by the county commissioners. Such programs shall require

    Req. No. 15193                                                  Page 3
 1 that employees maintain at least an A or B average in order to
 2 qualify for one hundred percent (100%) reimbursement. Employees who
 3 maintain passing or satisfactory grades shall qualify for seventy-
 4 five percent (75%) reimbursement under such programs. Such programs
 5 shall require that documentation from colleges and universities
 6 regarding courses completed, credits earned, and tuition charged be
 7 submitted to a board of county commissioners within ninety (90) days
 8 after the completion of courses. General applications and request
 9 forms for such programs shall be submitted to a board of county
10 commissioners or an appropriate human resources department prior to
11 the conclusion of a county's current fiscal year. Employees who
12 elect to participate in such programs shall continue to meet the
13 full responsibilities of their positions, and participation shall
14 not interfere with availability for scheduled work or negatively
15 affect work performance. In order to be eligible for participation
16 in such programs, employees shall not have been formally disciplined
17 within one (1) year prior to submitting their program application.
18 A board of county commissioners shall be authorized to establish a
19 program requiring a one-year commitment of service to the county
20 from individuals who participate in such programs. Under such
21 programs, employees shall only be eligible to receive tuition
22 reimbursements in exchange for employment with the county lasting at
23 least one (1) year;
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Req. No. 15193  Page 4
1   6. Until January 1, 1983, to furnish necessary blank books,

2 plats, blanks, and stationery for the clerk of the district court,

3 county clerk, register of deeds, county treasurer, county judge,

4 sheriff, county surveyor, county attorney, justices of the peace,

5 and constables, to be paid for out of the county treasury; also a

6 fireproof vault sufficient in which to keep all the books, records,

7 vouchers, and papers pertaining to the business of the county;

8   7. To set off, organize, and change the boundaries of townships

9 and to designate and give names therefor; provided, that the

10 boundaries of no township shall be changed within six (6) months

11 next preceding a general election;

12  8. To lease tools, apparatus, machinery, or equipment of the

13 county to another political subdivision or a state agency. The

14 Association of County Commissioners of Oklahoma and the Oklahoma

15 State University Center for Local Government Technology together

16 shall establish a system of uniform rates for the leasing of such

17 tools, apparatus, machinery, and equipment;

18  9. To jointly, with other counties, buy heavy equipment and to

19 loan or lease such equipment across county lines;

20  10. To develop personnel policies for the county with the

21 approval of a majority of all county elected officers, as evidenced

22 in the minutes of a meeting of the board of county commissioners or

23 the county budget board;

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    Req. No. 15193                                                 Page 5
1   11. To purchase, rent, or lease-purchase uniforms, safety

2 devices, and equipment for the officers and employees of the county.

3 The county commissioners may pay for any safety training or safety

4 devices and safety equipment out of the general county funds or any

5 county highway funds available to the county commissioners;

6   12. To provide incentive awards for safety-related job

7 performance. However, no employee shall be recognized more than

8 once per calendar year and the award shall not exceed the value of

9 Two Hundred Fifty Dollars ($250.00); further, no elected official

10 shall be eligible to receive a safety award;

11  13. To provide for payment of notary commissions, filing fees,

12 and the cost of notary seals and bonds;

13  14. To do and perform other duties and acts that the board of

14 county commissioners may be required by law to do and perform;

15  15. To make purchases at a public auction pursuant to the

16 county purchasing procedures in subsection D of Section 1505 of this

17 title;

18  16. To deposit interest income from highway funds in the

19 general fund of the county;

20  17. To submit sealed bids for the purchase of equipment from

21 this state, or any agency or political subdivision of this state;

22  18. To utilize county-owned equipment, labor, and supplies at

23 their disposal on property owned by the county, public schools, two-

24 year colleges, four-year institutions, or technical branches of

    Req. No. 15193                                                  Page 6
1 colleges that are members of The Oklahoma State System of Higher

2 Education, the state and municipalities according to the provisions

3 of Section 36-113 of Title 11 of the Oklahoma Statutes. Cooperative

4 agreements may be general in terms of routine maintenance or

5 specific in terms of construction and agreed to and renewed on an

6 annual basis. Work performed pursuant to Section 36-113 of Title 11

7 of the Oklahoma Statutes shall comply with the provisions of this

8 section;

9   19. To enter into intergovernmental cooperative agreements with

10 the federally recognized Indian tribes within this state to address

11 issues of construction and maintenance of streets, roads, bridges,

12 and highways exclusive of the provisions of Section 1221 of Title 74

13 of the Oklahoma Statutes;

14  20. To execute hold harmless agreements with the lessor in the

15 manner provided by subsection B of Section 636.5 of Title 69 of the

16 Oklahoma Statutes when leasing or lease-purchasing equipment;

17  21. To accept donations of rights-of-way or right-of-way

18 easements pursuant to Section 381 et seq. of Title 60 of the

19 Oklahoma Statutes;

20  22. To establish by resolution the use of per diem for specific

21 purposes in accordance with the limitations provided by Sections

22 500.8 and 500.9 of Title 74 of the Oklahoma Statutes;

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    Req. No. 15193                                                Page 7
1   23. To apply to the Department of Environmental Quality for a

2 waste tire permit to bale waste tires for use in approved

3 engineering projects;

4   24. To enter into the National Association of Counties (NACo)

5 Live Healthy Prescription, Health and Dental Discount Program;

6   25. To work with federal, state, municipal, and public school

7 district properties in an effort to minimize cost to such entities;

8   26. To work with ambulance service districts established under

9 Section 9C of Article X of the Oklahoma Constitution in an effort to

10 minimize cost to such entities;

11  27. To provide incentive awards to employees for participating

12 in voluntary wellness programs which result in improved health.

13 Incentive awards may be created by the Wellness Council set forth in

14 Section 1302 of this title;

15  28. To establish a county employee benefit program to encourage

16 outstanding performance in the workplace. Monies may be expended

17 for the purchase of recognition awards for presentation to an

18 employee or members of a work unit. Recognition awards may be

19 presented at a formal or informal ceremony, banquet, reception, or

20 luncheon, the cost of which may be expended from monies available in

21 the county department's or division's operating fund;

22  29. To trade in equipment to a vendor or on statewide contract

23 by acquiring used equipment values pursuant to subsection B of

24 Section 421.1 of this title;

    Req. No. 15193                                                  Page 8
1   30. To expend federal funds made available to a county of the

2 state through the federal Coronavirus Aid, Relief, and Economic

3 Security Act (CARES Act), Pub. L. 116�136, or similar relief funds

4 according to the permissible uses of the applicable federal

5 legislation or guidance issued by any federal agency thereof,

6 regardless of any lack of specific state statutory authorization to

7 perform the duties or functions for which the federal government has

8 provided the funds. The expenditure of the funds in accordance with

9 the federal legislation or guidance issued by any federal agency

10 thereof shall be at the discretion of the board of county

11 commissioners.

12  The receipt of funding through the CARES Act or similar relief

13 funds shall not be considered a supplemental appropriation and shall

14 be exempt from the requirements of Section 1420 of this title. In

15 the event the period allotted for expenditure of federal funds

16 crosses fiscal years, such funds shall not be considered revenue

17 when setting the county's budget for the next fiscal year; and

18  31. To enter into intergovernmental cooperative agreements

19 which shall include shared services, with local governmental units

20 within this state pursuant to the provisions of the Interlocal

21 Cooperation Act, Section 1002 et seq. of Title 74 of the Oklahoma

22 Statutes.

23  B. The county commissioners of a county or, in counties where

24 there is a county budget board, the county budget board may

    Req. No. 15193                                                 Page 9
1 designate money from general county funds for the designated purpose

2 of drug enforcement and drug abuse prevention programs within the

3 county.

4   C. When any lease or lease purchase is made on behalf of the

5 county by the board pursuant to the provisions of this section, the

6 county shall be allowed to have trade in values for transactions

7 involving the Oklahoma Central Purchasing Act.

8   D. In order to timely comply with the Oklahoma Vehicle License

9 and Registration Act with regard to county vehicles, the board of

10 county commissioners may, by resolution, create a petty cash

11 account. The board of county commissioners may request a purchase

12 order for petty cash in an amount necessary to pay the expense of

13 license and registration fees for county motor vehicles. Any

14 balance in the petty cash account after the license and registration

15 fees have been paid shall be returned to the account or fund from

16 which the funds originated. The county purchasing agent shall be

17 the custodian of the petty cash account, and the petty cash account

18 shall be subject to audit.

19  E. When the board of county commissioners approves an express

20 trust, pursuant to Sections 176 through 180.4 of Title 60 of the

21 Oklahoma Statutes, for the purpose of operating a county jail, the

22 trustees of the public trust may appoint commissioned peace

23 officers, certified by the Council on Law Enforcement Education and

24 Training, to provide security for inmates that are required to be

    Req. No. 15193                                               Page 10
1 transported outside of the detention facility, and investigate

2 violations of law within the detention facility. Other personnel

3 necessary to operate the jail may be employed and trained or

4 certified as may be required by applicable state or federal law.

5   SECTION 2. This act shall become effective November 1, 2026.

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7   60-2-15193      MJ  12/10/25

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    Req. No. 15193                                                Page 11
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