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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 772 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to counties; amending 19 O.S. 2021,
7 Section 178.1, which relates to inventory of county
8 equipment; modifying certain required inventory of
8 county property; amending 19 O.S. 2021, Sections 421
9 and 421.1, as amended by Sections 1 and 2, Chapter
9 337, O.S.L. 2023 (19 O.S. Supp. 2024, Sections 421
10 and 421.1), which relate to the sale, trade, or
10 disposition of county equipment; modifying certain
11 required inventory of county property; modifying
11 process of disposition of county property; amending
12 19 O.S. 2021, Section 1502, as amended by Section 2,
12 Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024, Section
13 1502), which relates to the inventory system for
13 county supplies, materials, and equipment; modifying
14 certain required inventory of county property;
14 updating statutory language; and providing an
15 effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY 19 O.S. 2021, Section 178.1, is
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20 amended to read as follows:
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21 Section 178.1. A. The board of county commissioners in each
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22 county of this state shall take, or cause to be taken, an inventory
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23 of all working tools, apparatus, machinery and equipment property
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24 belonging to the county or leased or otherwise let to it or to any
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Req. No. 1087 Page 1
1 department thereof, other than that which is affixed to and made a
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2 part of lands and buildings, as follows:
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3 1. All working tools, apparatus, machinery, and equipment, the
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4 cost of which as to each complete working unit thereof is more than
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5 Five Hundred Dollars ($500.00), and thereafter Two Thousand Five
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6 Hundred Dollars ($2,500.00) or more;
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7 2. All supplies, materials, and equipment of a county used in
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8 the construction and maintenance of roads and bridges having an
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9 original cost of Two Thousand Five Hundred Dollars ($2,500.00) or
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10 more;
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11 3. All supplies, materials, equipment, and telecommunication
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12 goods of a county not used in the construction and maintenance of
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13 roads and bridges having an original cost of Two Thousand Five
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14 Hundred Dollars ($2,500.00) or more;
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15 4. All information technology hardware, software, and devices,
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16 such as laptops, tablets, cameras, and cell phones of a county
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17 having an original cost of Five Hundred Dollars ($500.00) or more;
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18 and
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19 5. All firearms of a county having an original cost of Five
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20 Hundred Dollars ($500.00) or more.
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21 B. The board of county commissioners shall maintain or cause to
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22 be maintained a continuous inventory record thereof and of like
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23 tools, apparatus, machinery and equipment purchased, leased, or
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24 otherwise coming into the custody of the county or of any office,
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Req. No. 1087 Page 2
1 board, department, commission, or any or either thereof, and the
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2 disposition thereof whether sold, exchanged, leased or let where
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3 authorized by statute, junked, strayed, or stolen, and annually
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4 thereafter, or oftener more often in the event of death, resignation
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5 or removal of an elective officer with a term, to verify or cause to
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6 be verified by count and report of the same as of the end of a term
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7 of office and as part and parcel of the accounting required by law
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8 of a retiring or re-elected officer, and, as to appointive heads of
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9 departments amenable directly to the board of county commissioners
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10 and as to quasi-governmental boards and commissions such as free
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11 fair boards, hospital boards, and the like, the same shall be as of
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12 the last business day immediately preceding the day certain
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13 commencing a new term of the board of county commissioners; all in
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14 the manner as provided by law.
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15 SECTION 2. AMENDATORY 19 O.S. 2021, Section 421, as
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16 amended by Section 1, Chapter 337, O.S.L. 2023 (19 O.S. Supp. 2024,
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17 Section 421), is amended to read as follows:
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18 Section 421. After November 1, 2009, each board of county
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19 commissioners of the several counties in the state shall within
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20 thirty (30) days after the disposition of any tools, apparatus,
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21 machinery, and equipment, or anything required to be inventoried
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22 pursuant to Sections 178.1 and 1502 of this title belonging to the
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23 county or leased or otherwise let to it or any department thereof,
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24 the original cost of which is more than One Thousand Dollars
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1 ($1,000.00), whether sold, exchanged, junked, leased or let where
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2 authorized by statute, shall enter, or cause to be entered, in the
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3 minutes of the proceedings of the board the fact of such
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4 disposition, including complete description of item, serial number,
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5 the date property was acquired, the name and address of the person
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6 or firm from whom property was acquired, the cost price at time of
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7 acquisition or contract price if acquired under lease-rental
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8 agreement, the date of disposition, the name and address of the
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9 person or firm to whom property transferred, the price received
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10 therefor, and the reason for disposition.
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11 SECTION 3. AMENDATORY 19 O.S. 2021, Section 421.1, as
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12 amended by Section 2, Chapter 337, O.S.L. 2023 (19 O.S. Supp. 2024,
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13 Section 421.1), is amended to read as follows:
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14 Section 421.1. A. The board of county commissioners is hereby
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15 authorized to use any tools, apparatus, machinery or, equipment, or
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16 anything required to be on inventory pursuant to Sections 178.1 and
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17 1502 of this title belonging to the county, the original cost of
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18 which exceeded One Thousand Dollars ($1,000.00), as a trade-in on a
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19 cash purchase or lease purchase of any other tools, apparatus,
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20 machinery or, equipment, or property required to be inventoried
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21 pursuant to Sections 178.1 and 1502 of this title.
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22 B. To establish an appraised value for an item to be sold at
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23 public auction or traded in, the purchasing agent may refer to an
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24 industry-recognized appraisal manual for used construction equipment
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1 to estimate the value of the item being sold, or obtain appraisal
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2 quotes from at least two vendors in the business of selling items
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3 like the one being sold.
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4 C. Except when such items are disposed of pursuant to
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5 subsection E, F, or I of this section, the following procedures
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6 shall be used for the sale, by the board of county commissioners, of
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7 any tools, apparatus, machinery or, equipment, the original cost of
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8 which exceeded One Thousand Dollars ($1,000.00) or any information
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9 technology hardware or software having an original cost of Five
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10 Hundred Dollars ($500.00) or more, or anything required to be on
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11 inventory pursuant to Sections 178.1 and 1502 of this title
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12 belonging to the county:
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13 1. The board of county commissioners shall give notice of such
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14 sale by publication in a newspaper of general paid circulation in
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15 the county for two successive weekly issues;
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16 2. Bids for such tools, apparatus, machinery or, equipment, or
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17 anything required to be on inventory pursuant to Sections 178.1 and
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18 1502 of this title on sale shall be in writing, sealed and delivered
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19 to the county clerk of such county;
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20 3. At the next regular meeting of the board of county
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21 commissioners after the expiration of fifteen (15) days from the
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22 date of first publication of notice of the sale, the board of county
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23 commissioners shall open such bids and award such tools, apparatus,
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24 machinery or, equipment, or anything required to be on inventory
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1 pursuant to Sections 178.1 and 1502 of this title to the highest and
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2 best bidder with the option of rejecting all bids; and
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3 4. The In lieu of advertising for sealed bids as provided
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4 above, the board of county commissioners may hold a public auction
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5 or use an Internet auction, which may include that includes online
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6 bidding, in lieu of advertising for sealed bids as provided above.
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7 Such auction shall be advertised as provided herein.
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8 D. A board of county commissioners may sell any materials,
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9 tools, apparatus, machinery or, equipment, or anything required to
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10 be on inventory pursuant to Sections 178.1 and 1502 of this title to
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11 a tribal governmental entity or state agency, if the agency is
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12 subject to the Oklahoma Central Purchasing Act. The board of county
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13 commissioners may purchase materials, tools, apparatus, machinery
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14 or, equipment, or anything required to be on inventory pursuant to
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15 Sections 178.1 and 1502 of this title from a tribal governmental
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16 entity or state agency, if the agency is subject to the Oklahoma
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17 Central Purchasing Act.
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18 E. The board of county commissioners may, by resolution, enter
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19 into an agreement with any tribal governmental entity or other
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20 county or political subdivision for the purpose of selling,
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21 transferring, trading or otherwise disposing of equipment or,
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22 materials, or anything required to be on inventory pursuant to
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23 Sections 178.1 and 1502 of this title at a price agreed upon by both
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24 governing bodies. Transactions made pursuant to this subsection
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1 shall not be subject to the requirements in subsection C of this
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2 section.
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3 F. Advertisement of surplus property consigned to sell at a
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4 Circuit Engineering District auction shall be provided by the
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5 auction company under contract to conduct the sale. Advertising
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6 shall be provided to attract the most potential buyers. Advertising
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7 media may include, but not be limited to, sale flyers, newspapers,
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8 radio, television, and Internet postings.
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9 G. Pursuant to the authority of Section 1 of this title, boards
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10 of county commissioners shall have authority, under such statute and
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11 in consideration of the procedures in this section to sell real
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12 property belonging to the county without declaring such property
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13 surplus under the following conditions:
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14 1. A certified appraisal of the county property shall be
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15 performed to determine the market value of the property and accepted
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16 by the board of county commissioners;
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17 2. After acceptance of the certified appraisal, the board of
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18 county commissioners shall, pursuant to the requirements of this
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19 section, give notice of such sale by publication in a newspaper of
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20 general paid circulation in the county for two successive weekly
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21 issues;
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22 3. Bids for the real property shall be in writing, sealed and
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23 delivered to the county clerk of such county;
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1 4. At the next regular meeting of the board of county
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2 commissioners after the expiration of fifteen (15) days from the
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3 date of first publication of notice of sale, the board of county
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4 commissioners shall open such bids;
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5 5. A successful bid must be no less than the market value of
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6 the real property to be considered by the board of county
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7 commissioners for acceptance. The board of county commissioners
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8 reserves the right to reject any and all bids;
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9 6. If more than one bid is above the market value of the real
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10 property, the board of county commissioners shall have the right to
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11 compel the potential buyers of the real property who have bid above
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12 the market amount to enter into public auction conducted by the
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13 chairman of the board of county commissioners after the opening of
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14 such bids, to establish the highest bid for the property in order to
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15 assure that the county is receiving adequate consideration for the
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16 property;
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17 7. A majority vote of the board of county commissioners shall
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18 be required to determine the successful bidder of the real property.
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19 Upon awarding the bid, either through sealed bid or by conducting a
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20 public auction of those bidders who bid more than the market value
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21 of the real property, the board of county commissioners shall have
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22 the right to pledge the occupied property, using an irrevocable bond
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23 or letter of credit, as provided for in paragraph 10 of this
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1 subsection, as collateral in order to finance bonds to purchase
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2 other real property or build a replacement building, or both;
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3 8. If the sale price is less than the estimated cost of new
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4 land purchase or construction, then said sales contract shall be
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5 contingent upon the public approval of bond funding or other
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6 authorized funding to allow the complete payment of the contemplated
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7 project;
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8 9. The board of county commissioners shall have authority
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9 pursuant to paragraphs 5 and 6 of Section 1 of this title to make
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10 any order concerning the sale of such property contingent upon a
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11 closing date in the future in order to continue to use said real
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12 property until a replacement building is completed. Upon completion
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13 of the replacement building, the board of county commissioners shall
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14 execute all documents and title transfers pertaining to said real
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15 property to the successful bidder;
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16 10. The successful bidder shall execute an irrevocable bond or
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17 letter of credit with a surety company or bank licensed to do
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18 business in the State of Oklahoma and organized under the corporate
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19 laws of the State of Oklahoma and registered with the Secretary of
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20 State of Oklahoma equal to the amount of the purchase price of the
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21 real property within fifteen (15) days of awarding of the bid.
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22 Failure to provide either an irrevocable bond or letter of credit in
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23 favor of the board of county commissioners within said time
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24 limitation shall act as a rejection and cancellation by the board of
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1 the award of bid and said board may, at that point, enter into a
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2 contract with any secondary or subsequent bidder that meets the
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3 aforementioned qualifications without further notice; and
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4 11. If there are no bids submitted or all submitted bids are
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5 less than the market value of the real property after the expiration
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6 of fifteen (15) days from the date of first publication of notice of
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7 sale, the board of county commissioners shall publish the notice of
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8 sale and accept bids for a second time complying with the
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9 requirements of paragraphs 2 through 4 of this subsection. If there
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10 are no bids submitted or all submitted bids are less than the market
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11 value of the real property after the expiration of fifteen (15) days
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12 from the date of second publication of notice of sale, the board of
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13 county commissioners shall have the right to sell real property,
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14 upon majority vote, without any bidding procedure or auction,
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15 directly to any person or entity for an amount that is not less than
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16 the highest bid previously submitted through any previous bidding
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17 procedures provided in this subsection.
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18 H. The board of county commissioners may solicit telephone bids
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19 for the removal of recyclable materials.
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20 I. The board of county commissioners shall have the authority
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21 to trade in equipment to a vendor or on statewide contract by
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22 acquiring used equipment values pursuant to subsection B of this
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23 section.
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1 SECTION 4. AMENDATORY 19 O.S. 2021, Section 1502, as
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2 amended by Section 2, Chapter 94, O.S.L. 2022 (19 O.S. Supp. 2024,
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3 Section 1502), is amended to read as follows:
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4 Section 1502. A. 1. The board of county commissioners or a
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5 designated employee shall:
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6 a. prescribe a uniform identification system for all
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7 supplies, materials and, equipment, and information
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8 technology of a county used in the construction and
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9 maintenance of roads and bridges, and
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10 b. create and administer an inventory system, to be
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11 overseen by the county road and bridge inventory
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12 officer, for all:
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13 (1) equipment of a county having an original cost of
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14 Two Thousand Five Hundred Dollars ($2,500.00) or
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15 more for use in the construction and maintenance
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16 of roads and bridges, and
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17 (2) supplies and materials of a county purchased in
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18 lots of Two Thousand Five Hundred Dollars
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19 ($2,500.00) or more for use in the construction
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20 and maintenance of roads and bridges, and
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21 (3) information technology hardware, software, and
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22 devices, such as laptops, tablets, cameras, and
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23 cell phones of a county having an original cost
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24 of Five Hundred Dollars ($500.00) or more for use
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1 in the construction and maintenance of roads and
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2 bridges.
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3 Such person shall be the county road and bridge inventory officer.
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4 2. a. In counties having a county budget board created
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5 pursuant to Section 1402 et seq. of this title, said
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6 board may, upon an affirmative vote of a majority of
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7 all the board members then in office, appoint a county
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8 road and bridge inventory officer who shall be
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9 employed by the county and shall have such duties as
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10 are provided in subparagraphs a and b of paragraph 1
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11 of this subsection. In the event the board does not
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12 appoint a county road and bridge inventory officer the
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13 board of county commissioners or its designee shall be
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14 the county road and bridge inventory officer. The
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15 appointed county road and bridge inventory officer
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16 shall be under the general supervision and direction
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17 of the appointing authority.
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18 b. The appointed county road and bridge inventory officer
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19 shall be authorized necessary assistants to carry out
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20 the duties and responsibilities provided by law and as
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21 may be delegated by the appointing authority.
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22 Provided, the employment of such assistants shall be
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23 upon the approval of the appointing authority. The
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24 salary of the county road and bridge inventory officer
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1 and assistants shall be fixed by the appointing
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2 authority.
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3 c. The appointed county road and bridge inventory officer
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4 shall, at the expense of the county, be authorized
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5 adequate office space, furnishings, equipment and
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6 supplies to carry out the duties and responsibilities
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7 of the county road and bridge inventory officer as
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8 provided by law and as may be delegated by the
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9 appointing authority. Provided, the acquisition of
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10 such furnishings, equipment and supplies shall be upon
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11 the approval of the appointing authority and the
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12 acquisition of office space shall be upon the approval
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13 of the board of county commissioners.
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14 B. The board of county commissioners shall:
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15 1. Prescribe a uniform identification system for all supplies,
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16 materials, equipment and, information technology and,
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17 telecommunication goods, and firearms of a county not used in the
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18 construction and maintenance of roads and bridges; and
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19 2. Create and administer an inventory system for all:
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20 a. equipment and telecommunication goods of a county
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21 having an original cost of Two Thousand Five Hundred
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22 Dollars ($2,500.00) or more and not used in the
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23 construction and maintenance of roads and bridges,
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1 b. information technology hardware and, software, and
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2 devices, such as laptops, tablets, cameras, and cell
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3 phones of a county having an original cost of Five
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4 Hundred Dollars ($500.00) or more and not used in the
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5 construction and maintenance of roads and bridges, and
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6 c. supplies and materials of a county purchased in lots
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7 of Two Thousand Five Hundred Dollars ($2,500.00) or
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8 more and not used in the construction and maintenance
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9 of roads and bridges, and
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10 d. firearms of a county having an original cost of Five
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11 Hundred Dollars ($500.00) or more and not used in the
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12 construction and maintenance of roads and bridges.
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13 The board of county commissioners may designate an employee of that
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14 office to administer such inventory system.
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15 SECTION 5. This act shall become effective November 1, 2025.
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17 60-1-1087 MSBB 1/19/2025 5:43:02 AM
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