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Oklahoma Legislature· SB 405Becomes law without Governor's signature 05/12/2025

An act relating to county officers, the official text

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1                  STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 405              By: Alvord

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6                  AS INTRODUCED

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7           An Act relating to county officers; amending 19 O.S.

7           2021, Section 339, as last amended by Section 4,

8           Chapter 452, O.S.L. 2024 (19 O.S. Supp. 2024, Section

8           339), which relates to the general powers of the

9           board of county commissioners; authorizing county

9           commissioners to work with ambulance service

10          districts for certain purpose; updating statutory

10          language; and providing an effective date.

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1 4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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

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1 6 amended by Section 4, Chapter 452, O.S.L. 2024 (19 O.S. Supp. 2024,

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1 7 Section 339), is amended to read as follows:

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

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1 9 power:

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

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2 1 county, to sell the public grounds of the county and to purchase

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2 2 other grounds in lieu thereof; and for the purpose of carrying out

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2 3 the provisions of this section it shall be sufficient to convey all

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2 4 the interests of the county in those grounds when an order made for

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    Req. No. 951                                               Page 1
1 the sale and a deed is executed in the name of the county by the

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

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

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4 behalf of the county;

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

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

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7 county or appropriated for its benefit;

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

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

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1 0 school, or department shall own, lease, or otherwise control land on

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1 1 both sides of any established highway, the governing board or body

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1 2 of the same shall have the power to vacate, alter, or relocate the

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1 3 highway adjoining the property in the following manner:

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

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1 5 interest of the institution, school, or department to vacate, alter,

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1 6 or relocate such highway, the governing board or body shall notify

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1 7 the board of county commissioners, in writing, of their intention to

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1 8 hold a public hearing and determine whether to vacate, alter, or

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1 9 relocate the highway, setting forth the location and terminals of

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2 0 the road, and all data concerning the proposed right-of-way if

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2 1 changed or relocated, and shall give fifteen (15) days' notice of

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2 2 the hearing by publication in some newspaper in the county or

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2 3 counties in which the road is located, and the hearing shall be held

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2 4 at the county seat of the county in which the road is located, and

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    Req. No. 951                                             Page 2
1 if a county line road, may be heard in either county. At the

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

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

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

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

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

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

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

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

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1 0 agreement share the cost of changing any such road. No property

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1 1 owner shall be denied access to a public highway by the order;

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

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1 3 for job-related training and certification in an area that may

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1 4 require training or certification to comply with state or federal

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1 5 law as such training or certification is provided by the Department

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1 6 of Transportation, the Federal Highway Administration, or any other

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1 7 state agency, technology center school, or university;

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

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1 9 county employees to qualify for a continuing education program.

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2 0 Such programs may consist of courses offered by colleges and

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2 1 universities that are members of The Oklahoma State System of Higher

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2 2 Education as well as any other in-state or out-of-state programs or

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2 3 courses which are relevant to the employee's responsibilities as

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2 4 approved by the county commissioners. Such programs shall require

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    Req. No. 951                                            Page 3
 1 that employees maintain at least an A or B average in order to

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 2 qualify for one hundred percent (100%) reimbursement. Employees who

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 3 maintain passing or satisfactory grades shall qualify for seventy-

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 4 five percent (75%) reimbursement under such programs. Such programs

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 5 shall require that documentation from colleges and universities

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 6 regarding courses completed, credits earned, and tuition charged be

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 7 submitted to a board of county commissioners within ninety (90) days

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 8 after the completion of courses. General applications and request

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 9 forms for such programs shall be submitted to a board of county

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1 0 commissioners or an appropriate human resources department prior to

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1 1 the conclusion of a county's current fiscal year. Employees who

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1 2 elect to participate in such programs shall continue to meet the

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1 3 full responsibilities of their positions, and participation shall

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1 4 not interfere with availability for scheduled work or negatively

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1 5 affect work performance. In order to be eligible for participation

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1 6 in such programs, employees shall not have been formally disciplined

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1 7 within one (1) year prior to submitting their program application.

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1 8 A board of county commissioners shall be authorized to establish a

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1 9 program requiring a one-year commitment of service to the county

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2 0 from individuals who participate in such programs. Under such

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2 1 programs, employees shall only be eligible to receive tuition

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2 2 reimbursements in exchange for employment with the county lasting at

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2 3 least one (1) year;

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Req. No. 951  Page 4
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

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

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

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7 records, vouchers, and papers pertaining to the business of the

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8 county;

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

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1 0 and to designate and give names therefor; provided, that the

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1 1 boundaries of no township shall be changed within six (6) months

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1 2 next preceding a general election;

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

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1 4 county to another political subdivision or a state agency. The

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1 5 Association of County Commissioners of Oklahoma and the Oklahoma

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1 6 State University Center for Local Government Technology together

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1 7 shall establish a system of uniform rates for the leasing of such

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1 8 tools, apparatus, machinery, and equipment;

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

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2 0 loan or lease such equipment across county lines;

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

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2 2 approval of a majority of all county elected officers, as evidenced

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2 3 in the minutes of a meeting of the board of county commissioners or

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2 4 the county budget board;

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    Req. No. 951                                       Page 5
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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1 0 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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1 2 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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1 4 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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1 6 county purchasing procedures in subsection D of Section 1505 of this

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1 7 title;

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

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1 9 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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2 1 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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2 3 their disposal on property owned by the county, public schools, two-

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2 4 year colleges, or technical branches of colleges that are members of

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    Req. No. 951                                               Page 6
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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1 0 issues of construction and maintenance of streets, roads, bridges,

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1 1 and highways exclusive of the provisions of Section 1221 of Title 74

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1 2 of the Oklahoma Statutes;

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

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1 4 manner provided by subsection B of Section 636.5 of Title 69 of the

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1 5 Oklahoma Statutes when leasing or lease-purchasing equipment;

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

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1 7 of-way easements pursuant to Section 381 et seq. of Title 60 of the

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1 8 Oklahoma Statutes;

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

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2 0 purposes in accordance with the limitations provided by Sections

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2 1 500.8 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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2 3 waste tire permit to bale waste tires for use in approved

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2 4 engineering projects;

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    Req. No. 951                                               Page 7
1   24. To enter into the National Association of Counties (NACo)

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2 Prescription Drug Discount Program Live Healthy Prescription, Health

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3 and Dental Discount Program;

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

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

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6   26. To work with ambulance service districts established under

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

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8 minimize cost to such entities;

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9   27. To provide incentive awards to employees for participating

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1 0 in voluntary wellness programs which result in improved health.

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1 1 Incentive awards may be created by the Wellness Council set forth in

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1 2 Section 1302 of this title;

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13  27. 28. To establish a county employee benefit program to

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1 4 encourage outstanding performance in the workplace. Monies may be

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1 5 expended for the purchase of recognition awards for presentation to

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1 6 an employee or members of a work unit. Recognition awards may be

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1 7 presented at a formal or informal ceremony, banquet, reception, or

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1 8 luncheon, the cost of which may be expended from monies available in

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1 9 the county department's or division's operating fund;

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20  28. 29. To trade in equipment to a vendor or on statewide

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2 1 contract by acquiring used equipment values pursuant to subsection B

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2 2 of Section 421.1 of this title;

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23  29. 30. To expend federal funds made available to a county of

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2 4 the state through the federal Coronavirus Aid, Relief, and Economic

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    Req. No. 951                                           Page 8
1 Security Act (CARES Act), Pub. L. 116�136, or similar relief funds

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2 according to the permissible uses of the applicable federal

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3 legislation or guidance issued by any federal agency thereof,

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4 regardless of any lack of specific state statutory authorization to

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

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

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7 the federal legislation or guidance issued by any federal agency

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

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9 commissioners.

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

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1 1 funds shall not be considered a supplemental appropriation and shall

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1 2 be exempt from the requirements of Section 1420 of this title. In

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1 3 the event the period allotted for expenditure of federal funds

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1 4 crosses fiscal years, such funds shall not be considered revenue

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1 5 when setting the county's budget for the next fiscal year; and

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16  30. 31. To enter into intergovernmental cooperative agreements

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1 7 which shall include shared services, with local governmental units

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1 8 within this state pursuant to the provisions of the Interlocal

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1 9 Cooperation Act, Section 1002 et seq. of Title 74 of the Oklahoma

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2 0 Statutes.

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

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2 2 there is a county budget board, the county budget board may

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2 3 designate money from general county funds for the designated purpose

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    Req. No. 951                                                 Page 9
1 of drug enforcement and drug abuse prevention programs within the

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2 county.

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

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

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

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6 involving the Oklahoma Central Purchasing Act.

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

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

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

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1 0 account. The board of county commissioners may request a purchase

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1 1 order for petty cash in an amount necessary to pay the expense of

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1 2 license and registration fees for county motor vehicles. Any

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1 3 balance in the petty cash account after the license and registration

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1 4 fees have been paid shall be returned to the account or fund from

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1 5 which the funds originated. The county purchasing agent shall be

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1 6 the custodian of the petty cash account, and the petty cash account

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1 7 shall be subject to audit.

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

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1 9 trust, pursuant to Sections 176 through 180.4 of Title 60 of the

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2 0 Oklahoma Statutes, for the purpose of operating a county jail, the

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2 1 trustees of the public trust may appoint commissioned peace

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2 2 officers, certified by the Council on Law Enforcement Education and

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2 3 Training, to provide security for inmates that are required to be

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2 4 transported outside of the detention facility, and investigate

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    Req. No. 951                                  Page 10
1 violations of law within the detention facility. Other personnel

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

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

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4   SECTION 2. This act shall become effective November 1, 2025.

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6   60-1-951      MSBB  1/14/2025 3:51:03 PM

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    Req. No. 951                              Page 11
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