US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 19.

COUNTIES AND COUNTY OFFICERS

_________

§191.  Powers in general.

Each organized county within the state shall be a body corporate and politic and as such shall be empowered for the following purposes:

1.  To sue and be sued;

2.  To purchase and hold real and personal estate for the use of the county, and lands sold for taxes as provided by law;

3.  To sell and convey any real or personal estate owned by the county, and make such order respecting the same as may be deemed conducive to the interests of the inhabitants;

4.  To execute leases of real property owned by the county to nonprofit corporations organized for the general purpose of historical preservation;

5.  To make all contracts and do all other acts in relation to the property and concerns of the county necessary to the exercise of corporate or administrative power; and

6.  To exercise such other and further powers as may be especially provided for by law.

R.L. 1910, § 1497.  Amended by Laws 1986, c. 135, § 1, emerg. eff. April 17, 1986.

§192.  Property of county.

Any real or personal estate heretofore or which may be hereafter conveyed to any county shall be deemed the property of such county.

R.L. 1910, § 1498.

§193.  Powers of county exercised by board of commissioners  Contracts while not acting as a board.

The powers of a county as a body politic and corporate shall be exercised by its board of county commissioners.

It is hereby declared to be contrary to law, and against public policy, for any individual county commissioner, or commissioners, when not acting as a board, to enter into any contract, or to attempt to enter into any contract, as to any of the following matters:

(a) Any purchase of equipment, machinery, supplies or materials of any kind for any county or any commissioner's district, or districts, thereof;

(b) Any contract or agreement relating to or for the leasing or rental of any equipment, machinery, supplies or materials for any county or any commissioner's district, or districts, thereof;

(c) To do or transact any business relating to such county, or any commissioner's district, or districts thereof, or to make any contract or agreement of any kind relating to the business of such county, or any commissioner's district, or districts thereof;

And none of such acts or attempted contracts as above set forth, done or attempted to be done, by an individual county commissioner or commissioners, when not acting as a board, shall ever be subject to ratification by the board of county commissioners, but shall be illegal, unlawful and wholly void.

Provided that nothing herein shall be construed as prohibiting or preventing the chairman of the board of county commissioners from performing such duty or duties as he may be required by law to perform as chairman of such board, but only after the board, by a majority vote thereof, shall have authorized and directed such performance by said chairman.

R.L. 1910, § 1499.  Amended by Laws 1955, p. 153, § 1.

§194.  County to sue or be sued in name of board.

In all suits or proceedings by or against a county, the name in which a county shall sue or be sued shall be, "Board of County Commissioners of the County of _____," but this provision shall not prevent county officers, where authorized by law, from suing in their official name for the benefit of the county.

R.L. 1910, § 1500.

§195.  Process  How served.

In all legal proceedings against the county, process shall be served on the county clerk as the clerk of the board of county commissioners, and whenever suit or proceedings shall be commenced, it shall be the duty of the clerk, forthwith to notify the district attorney and lay before the board of county commissioners at their next meeting, all the information he may have in regard to such suit or proceedings.

R.L. 1910, § 1501.

§196.  Payment of judgment against county.

When a judgment shall be rendered against the board of commissioners of any county, or against any county officer in any action prosecuted by or against him in his official name, where the same should be paid by the county, no execution shall issue upon the said judgment, but a tax sufficient to pay same shall be levied and collected in like manner as other county taxes, and when collected shall be paid by the county treasurer on the delivery of a proper receipt and the signing of an acknowledgment on the court record of said judgment, by the party in whose favor the judgment was rendered, or by his attorney of record, that same has been satisfied.

R.L. 1910, § 1502.

§197.  County Government Council.

The board of county commissioners of each county is hereby authorized to enter into interlocal agreements to participate in the County Government Council.  The Association of County Commissioners of Oklahoma, Inc., may be designated the administrator of the County Government Council.

Added by Laws 1980, c. 302, § 4, eff. July 1, 1980.

§19-8.  Public works contracts.

A.  Any public works contract shall provide for partial payment based upon work completed.  The contract shall provide that up to ten percent (10%) of all such partial payments made shall be withheld as retainage.  At any time the contractor has completed in excess of fifty percent (50%) of the total contract amount, the retainage shall be reduced to not less than five percent (5%) of the amount earned to date if the owner or owner's duly authorized representative has determined that satisfactory progress is being made, and upon approval by the surety.  The amount retained shall be sufficient to ensure payment of:

1.  Any taxes due the State of Oklahoma;

2.  Personal property taxes or any municipal sales taxes due on the contractor's equipment and supplies;

3.  Any workers compensation coverage; and

4.  Any amount due and owing to any subcontractor who furnished any material or equipment to the contractor or performed any labor as a subcontractor, or as an artisan or day laborer in the employ of the contractor.

B.  For purposes of this section a public works contract means a contract between a county of this state and a contractor for the construction, alteration, repair, improvement, moving, wrecking or demolition of any highway, road, railroad, earthwork, building or other structure, project, development or improvement, whether it be in whole or in part.  The provisions of this section shall not apply to railroad companies operating in this state.

Added by Laws 1994, c. 72, § 1, eff. Sept. 1, 1994.

§19-8.1.  Short title.

Sections 1 through 5 of this act shall be known and may be cited as the "County Home Rule Charter Act".

Added by Laws 1992, c. 220, § 1, eff. Sept. 1, 1992.

§19-8.2.  Authority to adopt or amend county home rule charter.

Any county in this state with a population of less than five hundred fifty thousand (550,000), according to the latest Federal Decennial Census, which contains a metropolitan area with a population of two hundred fifty thousand (250,000) or more, according to the latest Federal Decennial Census, may adopt or amend a County Home Rule Charter for county government which specifies those powers appropriate for said government and which are not inconsistent with the Oklahoma Constitution and laws of this state.

Added by Laws 1992, c. 220, § 2, eff. Sept. 1, 1992.

§19-8.3.  Designation of charter commission members - Filing of names - Submission of formation question to voters - Organizational meeting - Time for completion of work - Publication of proposed charter or amendment - Submission to voters.

A.  Upon a resolution approved by a majority of the members of the board of county commissioners of the county or upon a petition signed by registered voters of the county equal in number to ten percent (10%) of the total number of votes cast in the county for Governor at the immediately preceding gubernatorial election, the members of the proposed charter commission shall be designated as follows:

1.  Fifteen (15) members shall be designated by the board of county commissioners.  Five members shall be designated by each county commissioner, at least two of which shall be residents of an unincorporated portion of the county, or residents of a municipality other than the largest municipality located within said county.  The members designated by each county commissioner must reside in that county commissioner's district;

2.  Two members shall be designated by the county court clerk, at least one of which shall be a resident of an unincorporated portion of the county or a resident of a municipality other than the largest municipality located within the county;

3.  Two members shall be designated by the county clerk, at least one of which shall be a resident of an unincorporated portion of the county or a resident of a municipality other than the largest municipality located within the county;

4.  Two members shall be designated by the county treasurer, at least one of which shall be a resident of an unincorporated portion of the county or a resident of a municipality other than the largest municipality located within the county;

5.  Two members shall be designated by the county assessor, at least one of which shall be a resident of an unincorporated portion of the county or a resident of a municipality other than the largest municipality located within the county; and

6.  Two members shall be designated by the county sheriff, at least one of which shall be a resident of an unincorporated portion of the county or a resident of a municipality other than the largest municipality located within the county.

The members shall be designated and their names filed with the county election board within thirty (30) days from the date the resolution was adopted by the board of county commissioners or the date the petition was filed with the board.

Upon the designation of the members of the proposed charter commission as provided in this subsection, the county election board shall submit to the voters of the county at the next November general  election not less than ninety (90) days thereafter, or at a special election called for such purpose, the question:

"Shall a charter commission, to be composed of the following members: ________________________________ be authorized to frame a proposed charter or amend an existing charter for the County of ____________?

  

/  / YES

  

/  / NO"

Nothing in the County Home Rule Charter Act shall be construed to prevent any officer of any municipality located within the county from serving as a member of the charter commission.

B.  If the proposition receives approval by a majority of the votes cast thereon, the chairman of the board of county commissioners of the county shall, within sixty (60) days, call an organizational meeting of said charter commission.  Such commission is hereby authorized to select a chairman and other officers as may be necessary, to adopt rules of procedure, and to draft a proposed County Home Rule Charter or amendments to an existing charter.  Such commission shall complete its work on a proposed charter or amendments to an existing charter within six (6) months from the time said organizational meeting of such commission was convened.  Any proposed charter or amendments to an existing charter shall be published by the commission in a newspaper of general circulation in the county on at least two occasions.  At least seven (7) days shall elapse between the first and last day of publication.  The first day of such publication shall be within forty-five (45) days from the date the commission submits its proposed charter or amendments to an existing charter.  Copies of the proposed charter or amendments to the existing charter shall be made available for distribution to the qualified voters of the county at the place where meetings of the board of county commissioners of the county are usually held.

C.  Within ninety (90) days after the commission submits its proposed charter or amendments to an existing charter to the board of county commissioners of the county, the officer or agency responsible for certifying public questions shall submit to the voters of the county at the next regular countywide election or at a special election which may be called for said purpose by the board of county commissioners, the question:

"Shall the proposed charter (or amendments) for _________ County be adopted?

  

/  / YES

  

/  / NO"

Said charter or said amendments shall become effective if approved by a majority of the registered voters voting thereon, subject to provisions of the Oklahoma Constitution and laws of this state.

Added by Laws 1992, c. 220, § 3, eff. Sept. 1, 1992.

§19-8.4.  Provisions of charter.

A.  A charter shall set forth the structure of the county government and the manner in which it is to function.  The charter may provide for a governing body, which may be other than as presently constituted, which shall be elective, and service shall be upon the qualifications, terms, plan of representation and conditions of tenure and compensation as may be fixed by the charter.  The term for service of the governing body shall not exceed four (4) years.  In addition to the powers and duties provided by the charter, the governing body shall exercise all powers, and discharge all duties which, in the absence of the provisions of said charter, would devolve by law to the board of county commissioners or any other county governmental board, agency, commission or council.  Said charter may provide for the organization, reorganization, establishment and administration of the government of the county, including the control and regulations of the performance of and the compensation for all duties required in the conduct of county affairs.  The charter may authorize the governing body to create or consolidate any county office, department or agency, define the duties thereof, fix the compensation for service therein, make the same elective or appointive, and prescribe the time, qualifications and conditions of tenure in any such county office, department or agency.

B.  Any county electing to operate pursuant to such charter as authorized by the provisions of this act shall have the power by charter provision to levy, assess and collect taxes pursuant to the provisions of Section 20 of Article X of the Oklahoma Constitution.  The limit of the aggregate taxes which may be levied, assessed and collected by such county shall not exceed the limit or total fixed, or hereafter fixed, by the Oklahoma Constitution or by statute.

C.  In addition to the powers herein provided and in addition to powers included in County Home Rule Charters, any county may amend its charter to include powers, functions and duties which may be provided for by the Oklahoma Constitution or by statute.

D.  Any county operating pursuant to such charter as authorized by the provisions of this act shall have the power to borrow money for all lawful purposes under its charter, including the refunding of a lawful debt, in a manner conforming to the Oklahoma Constitution and the general laws of the state, and may issue obligations for such purposes.  Such obligations and such tax to be levied to meet said liability shall not be valid unless authorized by a vote of the registered voters of the county pursuant to the provisions of the laws of this state.  County obligations maturing after a period of five (5) years shall be issued to mature serially, fixing the first maturity of principal at a time not to exceed two (2) years after the date of the issuance of such obligations.  The obligations may pledge the full faith and credit of the county, but in no event shall the aggregate obligations so issued, in principal amount outstanding at any one time, exceed the constitutional limits for such obligations and indebtedness and its supporting tax shall constitute a first and superior lien upon the property taxable in such county.

E.  Charters adopted shall make appropriate provisions for the abandonment, revocation and amendment of such charter, subject only to the requirement that a majority of the registered voters of the county must approve such proposal.  The provisions of the County Home Rule Charter Act shall be selfexecuting.

Added by Laws 1992, c. 220, § 4, eff. Sept. 1, 1992.

§19-8.5.  Charter provision contrary to or inconsistent with sovereignty and public policy.

Nothing contained in this act shall be deemed to authorize the adoption of charter provisions contrary to or inconsistent with the sovereignty and established public policies of this state and no provision having such effect shall be valid.

Added by Laws 1992, c. 220, § 5, eff. Sept. 1, 1992.

§1911.  Vote by people  Taxable property  Area  Population.

Before any new counties shall be established, or any county lines in this state shall be altered or changed, such question shall first be submitted to a vote of the qualified electors residing in the territory to be formed into such new county or transferred to another county, and shall be approved by the sixty percent (60%) of the votes cast in each particular territory sought to be taken from an existing county in said election; provided, no new county shall be formed of less than four hundred square miles taxable area, nor with a population of less than fifteen thousand people, nor with taxable wealth less than two and onehalf million dollars, as shown by the current tax rolls.  Nor shall any territory be taken from an existing county for any purpose bringing the newly created lines of such existing county nearer than ten miles to the county seat thereof.  Nor shall the taxable area, population or taxable wealth of said existing county be reduced below that required for a new county.  Nor shall any territory, in any case, be transferred from one county to an existing county, if, by such transfer of territory, the county from which the territory to be taken will then be smaller in area than the county to which the addition is made; provided, that when the territory is to be transferred from one existing county to either a new or an existing county, there must be sixty percent (60%) of the vote cast in such particular territory in favor of the transfer, and, in case the transfer to be to an existing county, the acceptance of such territory must first be approved by a majority vote of the electors of said county; provided, that any such election shall be governed by the general election laws, when same are not in conflict herewith.

Added by Laws 191011, c. 40, p. 72, § 1.

§1912.  Petition  Proclamation calling election  Counties excepted.

Upon a petition or petitions in writing, signed by fiftyone percent (51%) of the qualified electors residing in each particular territory sought to be created into a new county, or transferred to another county, such percent to be determined by the total vote cast in said territory for the head of the state ticket in the next preceding election, and it being made to appear that said petitioners are qualified electors of said territory and are fiftyone percent (51%) of each particular territory thereof, and it being made to appear that if a new county is to be formed, that same will consist of not less than five hundred (500) square miles of taxable area and will contain a population of not less than twenty thousand (20,000) people and will have not less than Four Million Dollars ($4,000,000.00) of taxable wealth as shown by the current tax rolls; that if the change or changes sought to be made are for the purpose of creating a new county it will not bring the newly created lines of such existing county or counties from which said territory is taken nearer than twenty (20) miles to the county seat thereof; that if the change or changes sought to be made for the purpose of transferring territory from an existing county or counties to another county, it will not bring the newly created lines in such existing county or counties from which any territory is taken nearer than fifteen (15) miles to the county seat thereof; that the taxable wealth of such existing county or counties will not be reduced below that required for a new county, and if the object sought is to transfer territory from one county to an existing county, it shall be made to appear that the county from which said territory is sought to be taken, will not be less in area than the county to which the addition is made, and such petition and such showing have been filed with and made before the Governor, shall within thirty (30) days issue his proclamation, calling an election to be held in said territory not less than sixty (60) nor more than seventy (70) days from the date of his proclamation.  That nothing in this bill shall apply to counties now existing containing eighteen hundred (1,800) square miles in area, which counties shall be governed by the Constitutional limitations.

Added by Laws 191011, c. 40, p. 73, § 2.  Amended by Laws 1917, c. 120, p. 185, § 1; Laws 1919, c. 213, p. 309, § 1.

§19-13.  Form of petition.

The following shall be substantially the form for every petition, or petitions, filed with the Governor, asking that an election be called for the purpose of creating such new county, or detaching territory from one county, for the purpose of adding same to another; provided, that this section shall not apply to petitions on file with the Governor, upon which an election has been called:

"Petition asking that an election be called for the creation of the proposed county of _____; said proposed county to embrace the following described territory.  (Here describe proposed county by metes and bounds)", or, if the election is to be called for detaching territory from an existing county, the heading of petition shall be as follows: "Petition asking that an election be called to detach the following described territory (Here describe territory, proposed to be detached by metes and bounds) from the county of _____, for the purpose of having said described territory added to the county of _____."

State of Oklahoma,  )

)  ss.

County of ______________)

To the Governor of the State of Oklahoma:

I most respectfully represent that I am ______ years of age; and am now, and have been for ____ years, a resident of such county and state above mentioned; that I am now residing within the precinct, or ward, in which I now propose to vote and have resided thereat for ____ years, and am a duly qualified elector in the precinct wherein I reside; and I do most respectfully petition Your Excellency to call an election for the purpose of creating the proposed county of ______; (or in event territory is to be detached from an existing county, and added to an existing county), to call an election for the purpose of detaching a portion of ______ county and adding same to ______ county; and I have not signed any other petition asking that an election be held under the provisions of this act.

Respectfully submitted

__________________________

Subscribed and sworn to before me this ____ day of ____ A.D.      (year).

__________________________

Notary Public.

My commission expires __________.

Added by Laws 1910-11, c. 40, p. 73, § 3.  Amended by Laws 1998, c. 246, § 5, eff. Nov. 1, 1998.

§1914.  Form of ballot  Election of officers.

The Governor shall cause to be placed upon the ballots, to be voted at any such election, the metes and bounds of the proposed new county, or the territory sought to be transferred, and if said election is for the purpose of creating a new county, the ballot shall contain the words "Shall said territory be formed into a new county?" followed by

"Yes"

"No"

If such election is for the formation of a new county, there shall also, and at the same time be held an election for the purpose of electing a full quota of county officers, for said proposed county, and there shall be separate ballots prepared for said purpose, containing the names of the various candidates to be voted for at said election, which said ballots, when voted, shall be placed in a separate box.  If the change sought to be made is the transfer of territory from one county to an existing county, said ballots shall contain the words, "Shall said territory become a part of ________ county?" (filling in the name of the county, to which said territory is sought to be transferred), followed by the words

"Yes"

"No"

Added by Laws 191011, c. 40, p. 75, § 4.

§1915.  Election supplies  How furnished.

The county election board of any county, holding such special election, shall furnish each voting precinct, or voting place in said county, with three ballot boxes, one of said boxes to be used for the depositing therein of the ballots on the formation of such new county, or the transferring of territory as voted; one box for the purpose of depositing therein the affidavits, as made, of all qualified electors; and one box for the depositing therein of the ballots for county and township officers as voted.  All ballots, affidavits, ballot boxes, and other election supplies, shall be furnished by the county election board, as provided by law, for the printing and furnishing of ballots in regular elections.

Added by Laws 191011, c. 40, p. 75, § 5.

§1916.  Election commissioners  Qualifications  Oath.

When any such special election is called, it shall be the duty of the Governor to select and commission one special election commissioner for each voting precinct or voting place in such county so holding such election as provided in this act; provided, that no such special election commissioner shall be, or have been a resident of the county or counties to be affected by such special election, and shall not be interested in any manner in the result thereof.  Every such commission shall be in writing and shall be signed by the Governor.  Before any such special election commissioner shall assume the duties of his office he shall take and subscribe to the following oath:

Oath.

I, ________ do solemnly swear (or affirm) that I will support, obey and defend the Constitution and laws of the State of Oklahoma and will discharge the duties of my office with fidelity and to the best of my ability; that I am not now and never have been a resident of the proposed county of ________; that I am not now and have never been a resident of the county or counties to be affected by such election; and that I am not now interested in any manner, in any business proposition, or in any institution located in any county to be affected by such election.

__________________________

Subscribed and sworn to before me this _____ day of ______ A. D. 19__.

__________________________

Notary Public.  

My commission expires ______.

Added by Laws 191011, c. 40, p. 76, § 6.

§1917.  Duties of commissioners  Substitutes.

In selecting and commissioning said special election commissioners, the Governor shall assign each said commissioner to a particular voting precinct, or voting place in said territory, proposing to hold such special election; and for the purpose of said special election, the said commissioner so selected, shall perform the duties of an inspector of election in such precinct or voting place so assigned, as provided by the general election laws, when not in conflict with the provisions of this act.  It shall be the duty of each such special election commissioner to present himself to the county election board, at the office of the clerk of the county wherein said special election is to be held, not later than ten o'clock a. m. of the second day next preceding the date set for the holding of such special election, where he shall receive from said board and receipt therefor, the ballots, ballot boxes, poll books, tally sheets, stamps, pen, ink, pencils, and other material necessary for properly holding such election, and shall safely convey such material, so received, to the precinct, or voting place assigned, so that the polls may be duly and promptly opened on the date set for the holding of said special election.  In the event the special election commissioner of any precinct shall fail to present himself to the county election board for such election supplies and to receive the same at the time in this act specified, then it shall be the duty of the county election board to designate and appoint in writing, some qualified elector of the county, to perform all of the duties of said special election commissioner of such precinct at said election.

Added by Laws 191011, c. 40, p. 76, § 7.

§1918.  Booths and conveniences  Election officers  How appointed  Oath  Fees.

On the day set for the holding of said special election, it shall be the duty of said special election board, to see that each precinct, or voting place in said county, is supplied with booths and other necessary conveniences, for the proper holding of such election.  It shall be their duty to select two judges and two clerks for such said special election in each precinct or voting place; said judges and clerks, so acting, shall receive the fees as prescribed for like services in any general election.  It shall be the duty of the special election commissioner, to administer the oath to said judges or clerks of said election.  One of said judges and one of said clerks at each voting precinct shall be selected from a list submitted to said board by the organization favoring the formation of such new counties or the detaching of said territory, and one of said judges, and one of said clerks in each precinct, shall be selected from a list submitted by the organization opposing the formation of such new county or the detaching of said territory.

Added by Laws 191011, c. 40, p. 77, § 8.

§19-19.  Voting - Electors' affidavits - Form.

Every person desiring to vote at such special election, after having passed the challengers whose duty shall be the same as prescribed by law governing any general election, and being admitted to the room, shall, before being given a ballot, permit the clerks to fill out an affidavit and the intended voter shall subscribe and swear to the affidavit before the special election commissioner, after which such person shall be given tickets and permitted to prepare the same and deliver the ballots to the special election commissioner who shall, in the presence of the voter, deposit the ballot in the proper ballot box, and shall deposit the affidavit in the box provided for that purpose.  The form of affidavit required of all persons presenting themselves to vote at such special election shall be substantially as follows:

Affidavit.

State of Oklahoma, County of ______ ss.

______ of lawful age, first being duly sworn, upon oath deposes and says:  That he or she is a citizen of the United States, is over the age of eighteen years, that he or she has been for one year last past a bona fide resident of this state, of the county six months, and in ________ precinct thirty (30) days next preceding this date; that he or she came to his or her present residence from _______ and is a legally qualified elector in the precinct on this day and has not voted in the election.

___________________

Subscribed and sworn to before me this _____ day of ______ A.D.      (year).

  

Special Election Commissioner.

Added by Laws 1910-11, c. 40, p. 78, § 9.  Amended by Laws 1998, c. 246, § 6, eff. Nov. 1, 1998.

§1920.  Count  Canvass of returns.

Upon the holding of any such special election, the precinct board of canvassers, shall canvass the vote, make and certify the returns upon the election of county and township officers, and shall make and certify the returns upon the formation of such new county, or the detaching of said territory, to their respective county election board, which said board shall, immediately, in the presence of said special election commissioners canvass all such returns of elections held, as provided herein.

Added by Laws 191011, c. 40, p. 78, § 10.

§1921.  Returns and ballot boxes  Custody of same  Report to Governor.

Each of the special election commissioners shall be the custodians of the ballot boxes and affidavit boxes and of all certificates and returns of his precinct, and shall safely convey the same to the office of the county clerk, not later than twelve o'clock noon of the third day, next succeeding the day of election, and shall, at said time and place, meet with the other special election commissioners.  Each special election commissioner, shall deliver to the county clerk, the ballot boxes containing the ballots, affidavits and returns, relating to the election of county and township officers, and the formation of a new county, or detaching territory, and take a receipt therefor; and thereafter the county clerk shall be the custodian of said ballot boxes, and, during the canvassing of the returns and thereafter, shall preserve said boxes intact for a period of ninety days, unless relieved by an order of the court.  At said time and place, in the presence of said special election commissioners, said returns shall be canvassed by said county election board, as provided herein; and when said returns are canvassed and a transcript thereof has been prepared and signed by each said special election commissioners of said county, said special election commissioners shall select one of their number and commission him to proceed at once to the office of the Governor of the state, and to deliver to the Governor, said transcript of said election returns, and said special election commissioner so selected, shall immediately perform the duty assigned.

Added by Laws 191011, c. 40, p. 78, § 11.

§1922.  Proclamation of Governor  Designation of county seat  Officers.

Upon the receipt by the Governor, of the transcript of all the returns, as provided herein, he shall proceed at once to declare the result of said special election, and, if said election shall have been held for the purpose of forming a new county, and sixty percent (60%) of the votes cast in each particular territory be in favor of the formation of said proposed new county, the Governor shall, within sixty (60) days thereafter, issue his proclamation, declaring said new county legally created, and shall, after five (5) days notice to each and every place which is an applicant for the county seat of said county, give each and every such applicant a hearing as to the merits of each place to become the county seat of said county, and shall decide from the merits thus presented, which place shall be the temporary county seat thereof, and shall designate the same the county seat thereof, which place so designated shall be and remain the county seat, unless afterwards changed, as provided by law; and the candidates receiving the highest number of votes cast at said election, as returned and certified to the Governor for the various offices, shall be declared elected, and, at once, enter upon their duties as such officers.

Added by Laws 191011, c. 40, p. 79, § 12.

§1923.  Selection of permanent county seats.

In all new counties, created since the admission of the State of Oklahoma into the Union, and to be hereafter created, wherein temporary, or original county seat, has been, or will be, located or designated, other than by a vote of the people, an election shall be called and held to locate the permanent county seat, which election shall be called and held under the laws now in force governing the permanent location of county seats, included in Chapter Thirtyone, Article Four, of the Session Laws of 1907 and 1908; provided, that a majority of all the votes cast in the county, at such county seat election, shall be in favor of any town, such town shall thereafter be the county seat; provided, however, that where the temporary county seat theretofore designated, is within six (6) miles of the geographical center of the county (said geographical center to be determined by certificate from the Secretary of State, and said distance to be determined by measurement from said geographical center to the nearest corporate limits of such county seat) it shall require sixty percent (60%) of the total vote cast at such election by the competing town to effect the designation of such county seat, and unless such competing town be within six (6) miles of the geographical center of said county, in which event a majority vote shall suffice; provided, further, that those portions of Section 14, of Article Four of Chapter 31 of the Session Laws of 19071908 in conflict herewith, applying to counties created by the Constitution, shall have no force and effect with reference to elections to locate the permanent county seat of counties created since the adoption of the Constitution and since the admission of the State of Oklahoma into the Union.

Added by Laws 191011, c. 40, p. 80, § 12a.

§1924.  Supreme Court to decide controversies.

Exclusive, original jurisdiction is hereby conferred upon the Supreme Court of Oklahoma over all controversies that may arise under the provisions of this act, and any person affected by such election shall have a right to a hearing before the Supreme Court upon application filed and presented within thirty (30) days after any such election shall be held.

Added by Laws 191011, c. 40, p. 81, § 13.

§1925.  Precedence in court.

If any application for a hearing, upon any question arising after such election has been held, is filed with the Supreme Court, it shall be the duty of said court to make said matter special and give it precedence over the other business of said court, and consider and pass upon the same as speedily as is consistent with the business of said court.

Added by Laws 191011, c. 40, p. 81, § 14.

§1926.  Election expenses  How paid  Commissioners' compensation.

All special election commissioners, selected and commissioned as provided herein, shall receive as compensation for their services, the sum of Three Dollars ($3.00) per day for each and every day necessarily employed in the work connected with the holding of such election, including the time spent in going to and returning from said county, and the actual and necessary traveling expenses, and for maintenance in the performance of such duties.  Such commissioner shall prepare and file with the Governor a sworn itemized statement of time employed and expenses incurred, which said statement shall be by the Governor, forwarded to the county clerk of the county holding such election.  The expenses connected with the holding of any such special election, including the per diem and expenses of all such special election commissioners, shall be borne and paid for by the county out of any funds in the hands of the county treasurer.  The expenses of holding said election shall be paid, if the proposition is to create a new county, by the new county so created, if the proposition is successful; if the proposition is to detach territory from one county and add to another, by the county to which said territory is added, if the proposition is successful.

Added by Laws 191011, c. 40, p. 81, § 15.

§1927.  Challengers  Watchers  Poll book holders  How appointed.

In any such special election, the organization favoring the formation of such new county, or the detaching thereof any such territory, may appoint and designate one qualified elector in any precinct, or voting place, to act as challenger at such precinct, and may appoint or designate one poll book holder and one special watcher in any such precinct or voting place, and the organization opposing the formation of any such county, or the detaching of any such territory, shall have like privileges; provided, that the challenger, poll book holder and watcher shall perform duties as provided by law, governing any general election.

Added by Laws 191011, c. 40, p. 82, § 16.

§1928.  Official neglect  Felony.

Any election officer who shall be appointed, or commissioner, under the provisions of this act or the laws of Oklahoma, and who shall knowingly and willfully fail or refuse to perform required duties shall be guilty of a felony.

Added by Laws 191011, c. 40, p. 82, § 17.  Amended by Laws 1997, c. 133, § 144, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 144 from July 1, 1998, to July 1, 1999.

§1929.  What constitutes bribery.

Any person or corporation offering money or other thing of value, either directly or indirectly, for the purpose of influencing any voter for or against any proposition in such election shall be guilty of the felony of bribery.

Added by Laws 191011, c. 40, p. 82, § 18.  Amended by Laws 1997, c. 133, § 145, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 145 from July 1, 1998, to July 1, 1999.

§19-30.  Repealed by Laws 1961, p. 208, § 1.

§1931.  Vote for transfer of territory.

If the object sought be to transfer territory from one county to an existing county, and if sixty percent (60%) of the votes cast at said election vote "Yes", the Governor shall within ten (10) days after declaring the result of said election issue his proclamation calling an election to be held in the county to which said territory is sought to be transferred, which said election shall be held not less than thirty (30) nor more than forty (40) days thereafter.

R.L. 1910, § 1507.

§1932.  Vote to accept new territory.

Upon the holding of any election in any county to vote upon the acceptance of the territory which is seeking to be transferred to said county, the board of canvassers shall certify and return said vote to the Governor as required by law, who shall thereupon, and within ten (10) days thereafter, declare the result of said election, and if it appears that a majority of the votes cast at said election be in favor of accepting said territory, he shall, within ten (10) days thereafter, issue his proclamation declaring said territory legally transferred to said existing county, and cause the will of the election to be carried into effect.

R.L. 1910, § 1508.

§1933.  Division of assets and liabilities.

Upon the transfer of territory from a county to a new county or an existing county, said new county to which said territory is transferred shall be entitled to such proportionate part of the net assets of the county from which said territory is taken as the taxable wealth of the territory so transferred bears to the taxable wealth of the county from which said territory is taken, but if, as shown by the current tax rolls, the liabilities of the county from which said territory is taken shall exceed its resources at the time of the transfer, the county to which said transfer is made shall pay to said county that proportionate part of said excess as the taxable wealth of the territory received bears to the taxable wealth of said county.

R.L. 1910, § 1509.

§1934.  County commissioners may settle differences.

It shall be the duty of the county commissioners of the counties between which a settlement should be made by virtue of any transfer to meet and determine the amount due from one county to the other, and if a majority of said commissioners agree upon an amount found to be due, the commissioners of the county found to be indebted to the other county are hereby authorized and empowered to draw a warrant on the general fund of their county in favor of the county entitled to the same for the amount so found due:  Provided, that either county through its proper officers may within sixty days appeal from said finding to the district court of the county appealing:  Provided, further, that if a majority of said boards of county commissioners should fail to agree upon an amount due from one county to the other each of said boards of county commissioners shall file with the respective county clerks a report showing its finding, and also the finding of the commissioners of the other county and the county claiming an indebtedness shall, within six months after the filing of said report with the county clerk, institute suit in the district court of any county in the district in which the debtor county is situated, to recover the amount to be due by the board of county commissioners of said county.

R.L. 1910, § 1510.

§1935.  Meetings of commissioners to settle differences.

The meeting of the boards of county commissioners herein provided for shall be called by the chairman of the board of commissioners of the county to which said territory has been transferred, to meet in the county seat of said county not less than sixty (60) days from the date of issuance of the Governor's proclamation declaring said territory legally transferred, and said chairman shall give ten (10) days' written notice to each of the county commissioners of the said counties specifying the time and place of said meeting and shall be continued from day to day until their labors are concluded.

R.L. 1910, § 1511.

§1936.  Change in watercourse bounding counties as not changing taxable situs of property.

After the first day of January, 1963, where any county is bounded by the middle of the channel of any stream or watercourse, any change of such channel, whether by accretion, reliction, or avulsion, shall not bring about a change in the taxable situs of the property, and for all county and state purposes the boundary line will remain as originally shown on the tax rolls.  Provided, that, as to such property which may have become subject to litigation as a result of being carried on the tax rolls of two or more counties prior to the enactment of this section, or shall subsequently become subject to litigation as a result of being carried on the tax rolls of two or more counties without either being prior in point of time, such dispute shall be resolved by final decree of the court.

Added by Laws 1963, c. 123, § 1, emerg. eff. June 3, 1963.

§1961.  Jurisdiction and powers of Supreme Court  Summons  Scope of inquiry.

Original and exclusive jurisdiction is hereby conferred upon the Supreme Court to hear and determine any action that may be brought for the purpose of equitably dividing and distributing the property, assets and liabilities, derived through the process of taxation, bonds, warrants or other evidences of indebtedness, of any county formerly existing in the Territory of Oklahoma, between such county and any new county or counties created by the Constitution in whole or in part out of the territory of such county; and for the purpose of rendering and enforcing complete justice in any such action, the Supreme Court shall have the power to make and render all necessary orders, judgments and decrees, and to issue and enforce all necessary process, mesne, and final:

Provided, that the Supreme Court shall have exclusive original jurisdiction of all actions involving the custody of, or the right to transcribe the tax rolls or other records of any such county or counties, and the ownership and distribution of the taxes assessed and collectable therein:

Provided further, that, for the purpose of hearing and receiving evidence and reporting findings of law and fact, the Supreme Court may appoint a special master in chancery in such case.

The Clerk of the Supreme Court shall issue summons which shall be served on the defendants in any such action in the same manner as is provided by law for the issuance and service of summons in the district courts of this state:

Provided, that the Supreme Court shall inquire into and determine whether or not public property, derived through public or private donation or otherwise, shall be subject to division under the terms of this article; and unless the court so determine, it shall not take into consideration, in dividing the property, assets and liabilities, any property so derived, and, in the event the court so determines, it shall have jurisdiction to, and shall take all such property into consideration in dividing the property, assets and liabilities aforesaid; provided, that the provisions of this act shall apply to counties created, or attempted to be created, as provided by law, and subsequently dissolved by judicial decree; and provided further, that such property, assets and liabilities acquired by any such county created and dissolved shall be divided between or among such counties as were affected by the creation and dissolution of such new county; and provided further, that where a portion of such territory formerly embraced in any such new county is now a portion of some county other than the county from which it was originally proposed to be taken to form such new county, then such other county now embracing such territory shall be construed to have been affected by the creation and dissolution of such new county as provided herein.

R.L. 1910, § 1512.  Amended by Laws 1917, c. 142, p. 226, § 1.

§1962.  Method of division  Agreements as to division.

For the purpose of this article, the property, assets and liabilities of the counties, as referred to in the preceding section, at the time of the admission of the state into the Union, shall be deemed the property, assets and liabilities of the original county or counties in Oklahoma Territory, and the new county or counties created, in whole or in part out of such original county or counties; and the decree of the Supreme Court in all such actions shall be based, as near as may be, upon the fair and reasonable value of such of the property and assets belonging to such counties, and the taxable value of the property in the counties, or parts of counties, affected by such divisions or distribution, so that each county shall be charged with liability and awarded assets in the proportion which the taxable value of its property bears to the taxable value of other counties affected by and interested with it in the divisions and distribution of property, assets and liabilities, as shown by the tax rolls for the year 1907; and such decree shall be so framed as to fix and describe the assets awarded to each county and the liabilities which shall be borne by it, and determine whether such liabilities shall be borne by any such county separately or jointly with another county, and determine the amount and proportion of liabilities.  All property of a permanent and fixed nature, as mentioned herein, shall be decreed to and the title thereto be vested in the county in which the same shall be situated:  Provided, however, that the board of county commissioners in any such county are hereby authorized to confer and agree upon such a division of any and all such property, assets and liabilities as may to them seem just and equitable, and when such agreement shall have been reached it shall be reduced to writing, subscribed by a majority of the members of the board of county commissioners of each of the counties that is a party to such agreement; and the same shall be entered at length upon the records of the proceedings of the board of county commissioners of the respective counties; a certified copy of such agreement shall thereupon be transmitted by one or more of the county clerks of any such county or counties to the Clerk of the Supreme Court, within thirty days of the date of such agreement; and the Supreme Court shall, thereupon, render a final judgment decreeing the division and distribution of any and all such assets and the apportionment of such liabilities according to the terms of such agreement, and vesting the title to any property mentioned in such agreement as therein provided; and such judgment shall be final and conclusive in law and equity, and no rehearing shall ever be allowed in any such case.

R.L. 1910, § 1513.

§1963.  Parties to action  Duties of district attorney.

Any suit commenced under the provisions of this article, shall be brought in the name of the board of county commissioners of any county interested in the subject matter of the suit, as plaintiff, and any or all counties having any interest adverse to the plaintiff may be joined as defendant.  The district attorney of such county, at the direction of the board of county commissioners, shall commence and prosecute, or defend, as the case may be, to final judgment and determination, any and all suits that may be instituted under authority of this article.

R.L. 1910, § 1514.

§1964.  Commissioners may institute certain actions.

The board of county commissioners of any of the counties referred to in the preceding section shall have the right and power to prosecute any and all necessary actions against the county treasurer of any such counties, or against any other officer, person, firm or corporation for and on behalf of any school district, road district, municipal township, city or town, and all sums of money that may be recovered by any such board of county commissioners shall be forthwith paid over to the county treasurers of such counties for the use and benefit of the school district, road district, municipal township, city or town, to which such money shall belong; and the board of county commissioners of any such counties shall have the authority to make demand for any and all sums of money belonging to any such school district, road district, municipal township, city or town, of and from such officer, person, firm or corporation, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine all actions authorized by this article.

R.L. 1910, § 1515.

§1965.  Penalty for refusing to pay over monies.

If any officer, person, firm or corporation having custody, control or possession of any money belonging to any school district, road district, municipal township, city or town in any such counties, shall withhold and fail to pay over the same after lawful demand shall have been made therefor, such officer, person, firm or corporation shall be liable to a penalty equal to twentyfive percent (25%) of the money wrongfully withheld, which shall belong to such county, school district, road district, municipal township, city or village, and which penalty may be recovered in any action brought to recover such money.

R.L. 1910, § 1516.

§1971.  Laws governing.

Any county desiring to hold a special election for the purpose of relocating the county seat shall be governed by the general election laws when same are not in conflict herewith.

R.L. 1910, § 1517.

§1972.  Election  How called.

Upon a petition in writing, signed by twentyfive percent (25%) of the qualified electors of the county, such percent to be determined by the total vote cast in such county for the head of the state ticket in the next preceding general election, said petitions being verified by an affidavit, showing that the petitioners are qualified electors of said county, and such petitions being filed with the Governor, the Governor shall, within thirty (30) days, issue his proclamation calling an election to be held in such county not less than sixty (60) nor more than seventy (70) days from the date of his proclamation.

R.L. 1910, § 1518.

§1973.  Form of election petition.

The following shall be substantially the form for every petition filed with the Governor asking such special election to be held as provided herein:

To the Governor of the State of Oklahoma:

We, the undersigned qualified electors of _______ County, State of Oklahoma, hereby petition the Governor of said state to call an election to relocate the county seat of said county, under the provisions of Section 6, Article XVII, of the Constitution.

R.L. 1910, § 1519.

§1974.  Notice of election  Tickets and candidates.

Such elections shall be held upon such public notice as the Governor in his proclamation may direct; and the Governor shall cause to be placed upon the tickets to be voted at such election only the names of such cities, towns and places as may, more than twenty (20) days prior to such election, file with the Governor verified petitions therefor, as above mentioned, signed by not less than three hundred qualified electors of said county.

R.L. 1910, § 1520.

§19-75.  Form of petition for place on ticket.

The following shall be substantially the form for every petition filed with the Governor asking that the name of any city, town or place be placed upon the tickets to be voted at such election:

PETITION FOR CITY - FORM OF.

Petition asking that the city, town or place of _______ be placed on the tickets to be voted in _____ County on the ____ day of ______ A.D.      (year).

State of Oklahoma, )

)ss.

County of _________)

To the Governor of the State of Oklahoma:

I most respectfully represent that I am _____ years of age; and am now and have been for _____ years a resident of said county and state above mentioned; that I am now residing within the precinct or ward in which I now propose to vote, and have resided thereat for _____ years, and am a duly qualified elector in the precinct wherein I reside; and I do most respectfully petition Your Excellency to cause to be placed the name of ______ (city, town or place) upon the tickets to be voted at the special election to be held in ________ County on the ____ day of _____, A.D.      (year), for the purpose of relocating the county seat of said county.

Respectfully submitted,

  

Subscribed and sworn to before me this _____ day of _______, A.D.      (year).

_______________

Notary public.

My commission expires   .

R.L. 1910, § 1521.  Amended by Laws 1998, c. 246, § 7, eff. Nov. 1, 1998.

§1976.  Special election board.

When an election is called for the purpose of relocating the county seat, the Governor shall appoint some person, resident of the county, who does not live or reside in either city or town which is or is to be a candidate for county seat honors, and each of said rival towns is to select one person each who shall constitute said election board, with duties as provided by law for county election boards, when not in conflict herewith.  The appointment of the members of such special election board shall be made upon the recommendation of the mayor or of the president of the town board of trustees, or in the event said place has neither, then upon the recommendation of the president of the organization representing said place, so being a candidate for the location of said county seat.  It shall be the duty of such special election board to prepare or cause to be prepared, and to distribute ballots for said election as provided by law for general elections; said ballots to contain the names of each and every city, town or place as certified to said board by the governor.  The members of said board shall serve without compensation.

R.L. 1910, § 1522.

§1977.  Duties.

Such special election board shall furnish each voting precinct or voting place with two ballot boxes; one of said boxes to be used for the depositing therein of the ballots as voted, and the other for the purpose of depositing therein the affidavits, as made, of all qualified electors.  All ballots and affidavits shall be printed and furnished by the special election board as provided by law for the printing and furnishing of ballots in regular elections.

R.L. 1910, § 1523.

§1978.  Special election commissioners  Oath.

When any such special election is called it shall be the duty of the Governor to select and commission one special election commissioner for each voting precinct or voting place in such county so holding such election as provided in this article.  Every such commission shall be in writing and shall be signed by the Governor.  Before any such special election commissioner shall assume the duties of his office he shall take and subscribe to the following oath:

OATH.

I, _________ do solemnly swear (or affirm) that I will support, obey and defend the Constitution and laws of the State of Oklahoma, and will discharge the duties of my office with fidelity and to the best of my ability; that I am not now and have never been a resident of the County of ______, that I am not interested in any manner in any business proposition or in any institution located in any city, town or place, or otherwise interested in any such city, town or place which is a candidate for the location of the county seat in said county of ___________.

____________________

Subscribed and sworn to before me this ______ day of ______ A.D.  19__.

____________________

Notary public.

My commission expires ________.

R.L. 1910, § 1524.

§1979.  Qualifications.

No person shall be qualified and eligible to perform the duties of special election commissioner in any county, who shall be or have been a resident of such county, or who shall be interested in any manner in the success of any city, town or place, which is a candidate for any such county seat, or who shall be interested in any way or in any manner in any business proposition or institution located in any such city, town or place which is a candidate for the location of said county seat.

R.L. 1910, § 1525.

§1980.  Assignments  Duties of  Vacancies.

In selecting and commissioning said special election commissioners, the governor shall assign each said commissioner to a particular voting precinct, or voting place in said county, proposing to hold such special election; and for the purpose of said special election the said commissioner so selected, shall perform the duties of an inspector of election in such precinct or voting place so assigned, as provided by the general election laws when not in conflict with the provisions of this article.  It shall be the duty of each such special election commissioner to present himself to the special county election board at the office of the county clerk at the present county seat of such county not later than ten o'clock a.m., of the second day next preceding the date set for the holding of such special election where he shall receive from said board, and receipt therefor, the ballots, ballot boxes, poll books, tally sheets, stamps, pen, ink, pencils and other material necessary for the proper holding of such election, and shall safely convey such material so received to the precinct or voting place assigned so that the polls may be duly and promptly opened on the day set for the holding of said special election:  Provided, that the words "ballot" or "ballots" as used in this article, shall be construed to mean the same as the words "ticket" or "tickets" as used in the Constitution of the state with reference to elections for the removal or change of county seats.  In the event the special election commissioner of any precinct shall fail to present himself to the county election board for such election supplies and to receive the same at the time in this article specified, then it shall be the duty of the county election board to designate and appoint in writing some qualified elector of the county to perform all of the duties of said special election commissioner of such precinct at said election.

R.L. 1910, § 1526.

§1981.  Booths and conveniences  Precinct boards.

On the day set for the holding of the said special election, it shall be the duty of the said special election board to see that each precinct, or voting place, is supplied with booths and other necessary conveniences for the proper holding of such election.  It shall be their duty to select two judges and two clerks for such special election in each precinct or voting place; said judges and clerks, so acting, shall receive the fees as prescribed for like service in any regular general election.  It shall be the duty of the special election commissioner to administer the oath to such judges and clerks of such elections.

R.L. 1910, § 1527.

§19-82.  Qualifications of voters - Form of affidavit.

Any person desiring to vote at such special election, after having passed the challengers whose duties shall be the same as prescribed by law governing any general election, and being admitted to the room, shall, before being given a ballot, permit the clerks to fill out an affidavit and such intended voter shall subscribe and swear to such affidavit before the special election commissioner, after which such person shall be given a ticket and permitted to prepare same and deliver the ballot to the special election commissioner who shall, in the presence of the voter, deposit the ballot in the proper ballot box, and shall deposit the affidavit in the box provided for that purpose.  The form of the affidavit required of all persons presenting themselves to vote at such special election shall be substantially as follows:

AFFIDAVIT.

  State of Oklahoma,)

)ss.

  County of ________)

  , of lawful age, first being duly sworn, upon oath deposes and says:  That such person is a citizen of the United States, is over the age of 18 years, that such person has been for one year last past a bona fide resident of the state, of said county six months and in _____ precinct thirty (30) days next preceding this date; that such person came to his or her present residence from _________, and is a legally qualified elector in the precinct on this day and has not voted in the election.

_____________________

Subscribed and sworn to before me this _____ day of _________ A.D.      (year).

  

Special Election Commissioner.

R.L. 1910, § 1528.  Amended by Laws 1998, c. 246, § 8, eff. Nov. 1, 1998.

§1983.  Canvass of vote  Declaration of result.

Upon the holding of any such special election the precinct board of canvassers shall canvass the vote, make and certify said returns to the Governor, who shall canvass all such elections held as provided herein.  The Governor, upon receipt of all the ballot boxes and boxes containing all the affidavits, together with the returns from each and every precinct in such county, shall forthwith canvass said returns and shall at once declare the result of such special election and shall cause the will of the electors to be carried into effect.

R.L. 1910, § 1529.

§1984.  Twothirds vote required to relocate  Second election.

If twothirds of all the votes cast in the county at such special election shall be in favor of any city, town or place, other than the county seat, then such city, town or place shall thereafter be the county seat; but if more than two towns or places are voted for, and no town receives the requisite proportion of all the votes cast, then all names of towns or places voted for on said ballot except the two receiving the greatest number of votes shall be dropped; and the Governor shall, in like time and manner, cause to be called and held a second election at which only two towns or places shall be voted for, and if any city, town or place other than the county seat shall receive the requisite proportion of the votes cast at the second election, such city, town or place shall thereafter be the county seat; otherwise the county seat shall remain unchanged.

R.L. 1910, § 1530.

§1985.  Elections not oftener than once in ten years.

Elections for relocating the county seat shall not occur at intervals of less than ten years; provided, that where elections have already been held, the beginning of the said interval abovenamed shall date from the time of holding said elections.

R.L. 1910, § 1531.

§1986.  Duties of special commissioners.

Each of the special election commissioners shall be the custodian of the ballot boxes, and affidavit boxes, and of all certificates and returns of his precinct and shall safely convey the same to the office of the county clerk not later than twelve o'clock noon of the second day next succeeding the day of election, and shall at said time and place, meet with other special commissioners, and shall select one of their number and commission him to proceed at once to the office of the Governor, and to deliver to the Governor all the boxes, certificates and returns; said special messenger giving a receipt to each commissioner for all boxes and returns so accepted, and taking a receipt from the Governor for all boxes and returns delivered to him.

R.L. 1910, § 1532.

§1987.  Jurisdiction of contests in Supreme Court.

Exclusive, original jurisdiction is hereby conferred upon the Supreme Court over all controversies that may arise under the provisions of this article, and any city, town or place being a candidate for the location of any county seat in any such election, shall have a right to a hearing before the Supreme Court upon application filed and presented within thirty (30) days after any such election shall be held.

R.L. 1910, § 1533.  

§1988.  Cases given precedence and passed on speedily.

If any application for a hearing, upon any question arising after any such election has been held, is filed with the Supreme Court it shall be the duty of said court to make said matter special and give it precedence over the other business of said court, and consider and pass upon the same as speedily as is consistent with the business of said court.

R.L. 1910, § 1534.

§1989.  Compensation of election officials  How expenses borne.

All special election commissioners, selected and commissioned as provided herein, shall receive as compensation for their services the sum of Three Dollars ($3.00) per day for each and every day necessarily employed in the work connected with the holding of such election, including the time spent in going to and returning from said county, and the actual and necessary traveling expenses, and for maintenance in the performance of such duties.  Such commissioner shall prepare and file with the Governor a sworn itemized statement of time employed and expenses incurred, which said statement shall be by the Governor forwarded to the county clerk of the county holding such election.  The expense connected with the holding of any such special election, including the per diem and expenses of all such special election commissioners, shall be borne and paid for by the county out of any funds in hands of the county treasurer.

R.L. 1910, § 1535.

§1990.  Challengers and watchers  Authority.

Any city, town or place being a candidate for the location of any county seat in any such election may appoint and designate one qualified elector in any precinct or voting place to act as challenger at such precinct; and may appoint and designate one poll book holder and one special watcher in any such precinct or voting place:  Provided, that the challenger, poll book holder and watcher shall perform duties as provided by law governing any general election.  Any such city, town or place may appoint in writing by, the mayor or president of the board of trustees thereof or the president of the organization representing such place one qualified elector of the county for each precinct who shall have the right to be present in the room where the election is held at the precinct to which such person is assigned, and during all the time of the receipt and counting of the tickets or ballots, and until the vote is fully canvassed by such election officers, and the returns certified by the inspector, judges and clerks, and to whom the inspector, judges and clerks shall deliver a certificate, signed by each of them, of the vote received at said election by each candidate, and the refusal of any such inspector, judge or clerk, or other person to extend and enforce the right herein granted, shall constitute a felony.  Such person shall deliver such written appointment to the special election commissioner of such election in proof of his authority to represent his town as aforesaid at such election.

R.L. 1910, § 1536.  Amended by Laws 1997, c. 133, § 146, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 146 from July 1, 1998, to July 1, 1999.

§1991.  Violations  Felony.

Any election officer who shall be appointed or commissioned under the provisions of this article or the laws of Oklahoma, and who shall knowingly and willfully fail or refuse to perform the duties required of him, shall be guilty of a felony.

R.L. 1910, § 1537.  Amended by Laws 1997, c. 133, § 147, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 147 from July 1, 1998, to July 1, 1999.

§1992.  Bribery.

Any person or corporation offering money or other thing of value, either directly or indirectly, for the purpose of influencing any voter for or against any competing city, town or place in such election shall be guilty of the felony of bribery.

R.L. 1910, § 1538.  Amended by Laws 1997, c. 133, § 148, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 148 from July 1, 1998, to July 1, 1999.

§19-93.  Repealed by Laws 1961, p. 208, § 1.

§19-111.  Repealed by Laws 1959, p. 95, § 5.

§19112.  Violation of act a felony.

Any county treasurer violating any of the provisions of this act shall be guilty of a felony and upon conviction shall be punished by confinement in the State Penitentiary for a term not less than one (1) year nor more than four (4) years.

Added by Laws 1925, c. 88, p. 139, § 2.  Amended by Laws 1997, c. 133, § 149, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 70, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 149 from July 1, 1998, to July 1, 1999.

§19113.  Treasurer's bondsmen liable for securities  Approval of securities.

The bondsmen of said county treasurer shall be liable to the bank depositing any of the securities as above named for the accounting of all such securities and the return to said bank of any or all of the securities as above named, or their value in money.  Before any of the securities above named shall be accepted by the county treasurer in behalf of the county commissioners said securities shall be approved to the satisfaction of a majority of a commission composed of the judge of the district court, district attorney and county clerk.

R.L. 1910, § 1541.

§19114.  Securities  Deposit with State Treasurer.

The county treasurers of the various counties of the State of Oklahoma are hereby authorized to deposit with the State Treasurer, for safe keeping, securities received by them to secure county deposits in county depositories; provided, that the provisions of this act shall be cumulative to the provisions of Senate Bill Number 105 of the Fourteenth Legislature of the State of Oklahoma, relating to the deposit for safe keeping of securities received by county treasurers to secure county deposits.

Added by Laws 1933, c. 71, p. 127, § 1.

§19115.  Duplicate deposit slip or receipt filed with county clerk.

The county treasurer shall, when making up his deposits for the bank, make a duplicate ticket of such deposits and file the same with the county clerk, and whenever said treasurer shall transmit any money to any designated fiscal agent outside of his county he shall file with the county clerk a duplicate receipt for the amount so transmitted.

R.L. 1910, § 1542.

§19116.  Duty of county clerk.

It shall be the duty of the county clerk of such county to charge the bank designated as the depository of public monies with all monies deposited by the treasurer and charge the fiscal agent with the amount of money transmitted to it by the county treasurer and credit the county treasurer with such amount transmitted.

R.L. 1910, § 1543.

§19117.  Fiscal agent to account monthly.

The fiscal agent of said county shall at the end of each month transmit to the clerk of such county a statement of the amounts received from said treasurer and of the amounts paid out by it and for what purpose.

R.L. 1910, § 1544.

§19118.  Treasurer's checks and drafts to show purpose of payment  Duplicate attached to voucher.

All checks or drafts of the treasurer of such county upon the bank holding the public money shall show upon their face for what purpose they were drawn, and a duplicate of said check or draft shall be attached to the warrant, voucher or order so paid.

R.L. 1910, § 1545.

§19119.  County clerk to make proper charges and credits.

The county clerk shall charge said treasurer with the check and drafts so filed and credit the bank therewith and when the same are returned, charge the treasurer with all monies disbursed by the fiscal agent of the county and credit such agent with the same.

R.L. 1910, § 1546.

§19120.  Violation of statute  Penalty.

If any such treasurer or clerk shall willfully disregard any of the provisions of this article, he shall be fined in a sum not exceeding Five Hundred Dollars ($500.00) and be removed from office.

R.L. 1910, § 1547.

§19-121.  Daily deposit by county treasurer - Security.

The county treasurer of each county shall deposit daily, not later than the immediately next banking day, all the funds and monies of whatever kind that shall come into his or her possession by virtue of the office as such county treasurer in the name of the county treasurer in one (1) or more banks located in the county and designated by the board of county commissioners as county depositories.  Provided, before the deposit of any such funds, the county treasurer shall take from each of such banks security in a sum equal to the largest approximate amount that may be deposited in each bank respectively at any one time.  Such security is required to be pledged, taken, approved, held and withdrawn under the provisions of the Security for Local Public Deposits Act prescribed in Sections 8 through 14 of this act.

Each bank in which such county funds are deposited shall receive all monies, checks, or drafts at par and for deposit only to the credit of the county treasurer in his or her official capacity, and each bank shall promptly honor the checks, drafts, or vouchers of the treasurer of the county on such deposit.

Added by Laws 1959, p. 94, § 1.  Amended by Laws 1997, c. 164, § 1, eff. July 1, 1997; Laws 2000, c. 136, § 1, eff. July 1, 2000.

§19122.  Duties of State Auditor and Inspector  Deposit in banks outside county  Deposits with State Treasurer.

The State Auditor and Inspector, when examining the books and records of a county treasurer shall, in addition to his other duties, examine same with a view to ascertaining that the provisions of this act are being complied with, and it shall be the duty of said State Auditor and Inspector, if he shall find that the provisions of this act are being violated, to at once file a written report of such condition with the district attorney of said county.  Provided, nothing in this act shall be construed to prohibit the county treasurer from depositing funds of the county in banks outside of the county when such bank shall give security in the amount and in the manner hereinbefore provided.  And, provided further, where local banks or banks outside of the county fail to put up the securities required by this act, said county treasurer is hereby authorized to deposit any funds in his hands with the State Treasurer as official depository and the State Treasurer as such official depository is hereby authorized to receive said county deposits; the same to be withdrawn on the voucher of the office depositing said funds.

Added by Laws 1959, p. 94, § 2.  Amended by Laws 1979, c. 30, § 65, emerg. eff. April 6, 1979.

§19123.  Deposit in bank where treasurer or commissioners have pecuniary interest prohibited.

It is hereby made unlawful for any of the funds of the county to be deposited in any bank in which the county treasurer or any member of the board of county commissioners is the owner of any stock or otherwise directly or indirectly pecuniarily interested.  A county treasurer or county commissioner shall be considered to be interested in such bank if any member of his immediate family owns any interest in said depository bank.

Added by Laws 1959, p. 94, § 3.

§19124.  Provisions cumulative.

The provisions of this act shall be cumulative with all existing laws governing deposit of funds by the county treasurer of the several counties.

Added by Laws 1959, p. 95, § 4.

§19130.1.  Commission on County Government Personnel Education and Training  Creation  Membership.

There is hereby recreated, to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law, Section 3901 et seq. of Title 74 of the Oklahoma Statutes, the Commission on County Government Personnel Education and Training, hereinafter called the "Commission".  The Commission shall be composed of the following five (5) members:  The President of Oklahoma State University or designee; the State Auditor and Inspector or designee; the Director of the Oklahoma Department of Transportation or designee; the Chairman of the Oklahoma Tax Commission or designee; and the President of the Oklahoma County Officers Association or designee.

Added by Laws 1982, c. 250, § 1, emerg. eff. May 11, 1982.  Amended by Laws 1988, c. 44, § 1, operative July 1, 1988; Laws 1994, c. 108, § 1, eff. July 1, 1994; Laws 2000, c. 24, § 1.

§19-130.2.  Duties of Commission.

The duties of the Commission shall be:

1.  To oversee a professional development program for training Oklahoma county commissioners, county clerks, county treasurers, county assessors, court clerks, their deputies and employees, county sheriffs, and other political subdivisions through the Center for Local Government Technology and Cooperative Extension Service at Oklahoma State University;

2.  To provide guidance to the Center for Local Government Technology and Cooperative Extension Service in designing curricula to be used in educational programs and materials;

3.  To identify needs and set priorities for research to be conducted in cooperation with the Center for Local Government Technology and Cooperative Extension Service in areas relevant to the study and improvement of Oklahoma county government and its functions and to accept gifts and grants for such purposes;

4.  To cooperate with the advisory boards authorized in Section 130.4 of this title in determining the educational needs of county officials and their employees so that they can perform their duties and responsibilities efficiently and professionally;

5.  To contract with the Center for Local Government Technology and Cooperative Extension Service at Oklahoma State University to administer personnel education and training for counties and other political subdivisions.

Added by Laws 1982, c. 250, § 2, emerg. eff. May 11, 1982.  Amended by Laws 1992, c. 181, § 1, eff. July 1, 1992; Laws 2000, c. 418, § 7, eff. July 1, 2000; Laws 2002, c. 348, § 1, emerg. eff. May 30, 2002.

§19130.3.  Meetings  Chairman  Quorum  Mileage and per diem.

The Commission shall meet within sixty (60) days after the effective date of this act.  The President of Oklahoma State University or his designee shall serve as chairman of the Commission.  After the first meeting, the Commission shall meet as it deems necessary or when called by the chairman or by any three members.  Three members shall constitute a quorum and no official action shall be taken by the Commission unless there is a quorum present.

The representative of the County Officers Association shall be reimbursed for mileage and per diem in accordance with the State Travel Reimbursement Act when attending Commission meetings or other activities associated with his duties.  Other Commission members shall not be reimbursed.

Added by Laws 1982, c. 250, § 3, emerg. eff. May 11, 1982.

§19-130.4.  Advisory boards.

A.  The Center for Local Government Technology and Cooperative Extension Service are hereby authorized to create advisory boards as they deem necessary.  Members of such advisory boards shall be appointed by the Center for Local Government Technology and Cooperative Extension Service and shall include, but shall not be limited to, county government officials and appropriate state agency representatives.  Meetings of advisory boards shall be called by the Director of the Center for Local Government Technology.  Such advisory boards shall assist in developing educational programs and materials for training county government officers and their employees.

Advisory board members shall be reimbursed for expenses incurred in the performance of their duties under Sections 130.1 through 130.7 of this title in accordance with the State Travel Reimbursement Act.

B.  The Center for Local Government Technology is authorized to contract with state agencies and private entities to provide training.

Added by Laws 1982, c. 250, § 4, emerg. eff. May 11, 1982.  Amended by Laws 2002, c. 348, § 2, emerg. eff. May 30, 2002.

§19130.5.  Objectives of education and training programs.

The objectives of each education and training program, as developed by the Commission in consultation with the advisory boards and administered through the Center for Local Government Technology and Cooperative Extension Service at Oklahoma State University, shall include, but shall not be limited to:

1.  Encouraging the professional development of the groups of county officials and their employees governed by this act by providing educational programs and reference materials on jobrelated topics on a timely basis;

2.  Improving the efficiency of county government operations by providing technical assistance in the administration of mandated duties;

3.  Improving the technical skills of county employees by providing technical training in the operation and maintenance of construction equipment and machinery; and

4.  Serving as a reference and resource center for county officials.

Added by Laws 1982, c. 250, § 5, emerg. eff. May 11, 1982.  Amended by Laws 1992, c. 181, § 2, eff. July 1, 1992.

§19130.6.  Support staff  Other training programs  Expenses.

A.  1.  Any professional or clerical support staff required by the Commission shall be provided through the Center for Local Government Technology and Cooperative Extension Service.

2.  The training programs developed pursuant to Sections 130.1 through 130.7 of this title shall not interfere with or duplicate any other existing training programs for county government personnel.

B.  All expenses incurred in the performance of the duties imposed upon the Commission by law shall be paid out of funds appropriated or otherwise made available to the Office of the State Auditor and Inspector.

Added by Laws 1982, c. 250, § 6, emerg. eff. May 11, 1982.  Amended by Laws 1986, c. 268, § 5, operative July 1, 1986.

§19130.7.  Certain county officials to participate in training programs and educational seminars  Expenses.

Each county commissioner, county clerk, county treasurer, county assessor, and court clerk holding office on the effective date of this act and those elected thereafter and the deputies of such elected county officers shall be required to participate in the appropriate training programs and educational seminars relevant to their positions and duties conducted pursuant to Sections 130.1 through 130.7 of this title.  In addition, county sheriffs may be required to attend the training programs specified in this section.  Expenses related to attending such activities shall be reimbursed by the Commission.

Added by Laws 1982, c. 250, § 7, emerg. eff. May 11, 1982.  Amended by Laws 1992, c. 181, § 3, eff. July 1, 1992.

§19-131.  Enumeration of county officers - Election and term of office - Limitation on running for other office.

A.  At the general election to be held in November 1974, there shall be elected in each county of the state, a court clerk, a county sheriff, and a county clerk who shall hold office for a term of two (2) years, the terms of the court clerk, county sheriff and county clerk beginning on the first Monday in January following their election, and until their successors are elected and qualified.  At the general election to be held in November 1976, and each four (4) years thereafter, there shall be elected in each county of the state, a court clerk, a county sheriff, and a county clerk who shall hold office for a term of four (4) years; the terms of the court clerk, the county sheriff and the county clerk, beginning on the first business day in January following their election, and until their successors are elected and qualified.

B.  At the general election to be held in November 1974, and each four (4) years thereafter, there shall be elected in each county of the state, a county assessor and a county treasurer, who shall hold office for a term of four (4) years.  The term of the county assessor shall begin on the first business day in January following the election, and shall terminate when a successor is elected and qualified.  The term of the county treasurer shall begin on the first Monday in July following the election and shall terminate when the successor is duly elected and qualified.

C.  At the general election to be held in November 1990, and each four (4) years thereafter, there shall be elected in each county of the state two county commissioners, one from the first county commissioner district and one from the third county commissioner district, who shall hold office for a term of four (4) years.  At the general election to be held in November 1990, there shall be elected in each county of the state one county commissioner from the second county commissioner district who shall hold office for a term of six (6) years.  At the general election to be held in November 1996, and each four (4) years thereafter, there shall be elected in each county of the state, one county commissioner from the second county commissioner district, who shall hold office for a term of four (4) years.  The terms of the county commissioners shall begin on the first business day in January following their election, and shall terminate when their successors are elected and qualified.

D.  A county officer shall be eligible to become a candidate for another county office or state office.  In order to file as a candidate for county commissioner in a county commissioner's district, the candidate must have been a qualified registered elector in that district for at least six (6) months immediately preceding the first day of the filing period prescribed by law.  Except, however, to file as a candidate for a county commissioner in any county commissioner's district in 2004, the candidate must have been a qualified registered elector in that district no later than December 21, 2003.

R.L. 1910, § 1548.  Amended by Laws 1917, c. 203, p. 378, § 1; Laws 1923-24, c. 121, p. 142, § 1; Laws 1927, c. 5, p. 4, § 1; Laws 1947, p. 190, § 1; Laws 1953, pp. 67, 68, §§ 1-3; Laws 1955, p. 154, § 1, eff. June 1, 1955; Laws 1961, p. 208, § 1, emerg. eff. Feb. 10, 1961; Laws 1968, c. 132, § 1, emerg. eff. April 8, 1968; Laws 1968, c. 377, § 1, emerg. eff. May 10, 1968; Laws 1973, c. 92, § 1, emerg. eff. May 1, 1973; Laws 1974, c. 300, § 1, emerg. eff. May 29, 1974; Laws 1982, c. 45, § 1, emerg. eff. March 26, 1982; Laws 1989, c. 71, § 1, eff. Nov. 1, 1989; Laws 1993, c. 239, § 3, eff. July 1, 1993; Laws 1995, c. 4, § 1, eff. Nov. 1, 1995; Laws 2004, c. 53, § 3, emerg. eff. April 1, 2004; Laws 2005, c. 1, § 9, emerg. eff. March 15, 2005.

NOTE:  Laws 1973, c. 9, § 1 repealed by Laws 1974, c. 300, § 2, emerg. eff. May 29, 1974.  Laws 2004, c. 44, § 1 repealed by Laws 2005, c. 1, § 10, emerg. eff. March 15, 2005.

§19131.1.  Registration requirements for candidates for county offices.

To file as a candidate for any county office, a person must have been a registered voter within the county for the sixmonth period immediately preceding the first day of the filing period prescribed by law.  Except, however, to file as a candidate for any county officer in 2004, a person must have been a registered voter within the county no later than December 21, 2003.  

Added by Laws 1973, c. 9, § 2.  Amended by Laws 1975, c. 69, § 1, emerg. eff. April 18, 1975; Laws 1981, c. 178, § 3, emerg. eff. May 18, 1981; Laws 2004, c. 53, § 4, emerg. eff. April 1, 2004.

§19132.  Eligibility.

No person shall be eligible to any county office unless he shall be, at the time of his election or appointment, a qualified voter of the county.

R.L. 1910, § 1549.

§19-133.  County offices.

A.  Every county officer, except as may otherwise be provided in this chapter, shall keep the office and records at the county seat.  However, a county officer may establish an additional office or additional offices at any location within the county.  A county employee who is employed at an additional office by one county officer may perform duties on behalf of another county officer if specifically authorized by each county officer on whose behalf the employee is performing duties.

B.  For purposes of filing and recording of documents, the additional county office may receive documents for the sole purpose of collection and delivery to the main county seat office.  The additional county office shall not file or record the documents pursuant to law at the additional county office, but shall deliver such documents to the main county seat office.  Any document which may be delivered to the additional county office for filing or recording pursuant to law shall not be deemed filed or recorded and shall not impart constructive notice of such document on third parties until such document is delivered and recorded pursuant to law at the main county seat office.

R.L. 1910, § 1550.  Amended by Laws 1997, c. 340, § 1, emerg. eff. June 9, 1997.

§19-134.  Repealed by Laws 1961, p. 211, § 7.

§19-134a.  Repealed by Laws 1961, p. 211, § 7.

§19-134b.  Repealed by Laws 1961, p. 211, § 7.

§19-134b-1.  Repealed by Laws 1961, p. 211, § 7.

§19-134c.  Repealed by Laws 1961, p. 211, § 7.

§19-134d.  Repealed by Laws 1961, p. 211, § 7.

§19-134e.  Repealed by Laws 1961, p. 211, § 7.

§19-135.  Repealed by Laws 1943, p. 78, § 43.

§19-135a.  Repealed by Laws 1943, p. 78, § 43.

§19-135b.  Repealed by Laws 1943, p. 78, § 43.

§19-135c.  Repealed by Laws 1943, p. 78, § 43.

§19-135d.  Repealed by Laws 1943, p. 78, § 43.

§19136.  County clerk - Office hours - Sign.

The county clerk in each county of this state shall keep their offices open during the same hours as other county officers in such county; but, so that the public may know when their needs at such offices may be served, after the secular days and respective hours thereof have been determined upon or agreed, the said officers shall so notify the public by so noting in painting in the sign indicating the location of their respective offices, whether upon, over, or near the office door.

Added by Laws 1949, p. 148, § 1.  Amended by Laws 1993, c. 239, § 4, eff. July 1, 1993.

§19-137.1.  UNCONSTITUTIONAL.

This section, derived from Laws 1961, p. 226, § 1, relating to public defenders for counties of 24,727 to 60,000 population, was held to violate Const. Art. 5, § 51, by State v. Lynch, Okla., 796 P.2d 1150 (1990).

§19137.2.  Appointment  Salary  Assistants.

The position of public defender shall be filled by appointment of the board of county commissioners with an attorney authorized to practice law in this state and who has been recommended by the district attorney and the judges of the courts of record of such county.  The public defender and operating expenses of such office shall be paid from the funds in the county general revenue fund an amount to be determined by the board of county commissioners which amount shall not be in excess of ninety percent (90%) of the salary of the district attorney of such county that is paid from the general revenue fund of the county.  The board of county commissioners may authorize the employment and fix the salaries of such assistants and clerical help as such board may deem necessary.

Added by Laws 1961, p. 227, § 2.

§19137.3.  Liability insurance  Counties of 300,000 population.

Any elected county officer of counties of three hundred thousand (300,000) population or over may purchase liability insurance coverage not to exceed Fifty Thousand Dollars ($50,000.00) to pay all losses and damages incurred by an action against such officer, arising out of any act of negligence committed by such elected county official occurring in the operation of his office.  The costs of such insurance coverage shall be paid by the county.  The costs provided for herein shall be within the approved budget of the officer seeking to purchase the insurance coverage allowed herein.

Added by Laws 1971, c. 262, § 1, emerg. eff. June 17, 1971.

§19-138.1.  Repealed by Laws 1995, c. 240, § 5, emerg. eff. May 24, 1995.

§19-138.1a.  Office created - Office space and equipment - Tort liability.

A.  In each county of this state possessing a population of over three hundred thousand (300,000) according to the Federal Decennial Census of 1990, or any succeeding Federal Decennial Census, there is hereby created the office of public defender, and such office shall be charged upon the order of any judge of a court of record of such county, with the protection of the rights of any defendant to a criminal action.  The board of county commissioners of such county shall provide for necessary office supplies and equipment and arrange for sufficient office space in the county building, used by the courts of record of such county, to permit the efficient and effective operation of the office of public defender.

B.  For purposes of liability under the Governmental Tort Claims Act, any public defender, assistant public defender or employee thereof, who is employed under this section shall be deemed a state employee.

Added by Laws 1995, c. 240, § 1, emerg. eff. May 24, 1995.  Amended by Laws 2001, c. 129, § 1, eff. July 1, 2001.

§19138.2.  Appointment of county indigent defender and assistants.

The office of county indigent defender shall be assumed by such attorneys, authorized to practice law in the State of Oklahoma, as shall be appointed either on a full-time or part-time basis by the judges of the courts of record of such county and shall continue to serve at the pleasure of said judges, and the attorney designated by said judges as the person in charge of such office shall be the county indigent defender, and all other attorneys who may be appointed to assist such county indigent defender shall be designated as assistant county indigent defender, of such county.

Added by Laws 1961, p. 210, § 2, emerg. eff. Aug. 7, 1961.  Amended by Laws 1991, c. 238, § 23, eff. July 1, 1991.

§19138.3.  Determination of need for county indigent defender and assistants.

Judges of the courts of record of any county subject to the provisions of this act shall determine, at the time the county budget is submitted, the necessity of retaining a county indigent defender or assistants thereto on a full-time or part-time basis at public expense for representation of unfortunate and poverty stricken persons charged with commission of a crime, which determination shall be made after inquiry into the number impoverished or destitute defendants which have been brought before such courts during the past term and an estimate of the number that may be charged during the next fiscal year.

Added by Laws 1961, p. 210, § 3, emerg. eff. Aug. 7, 1961.  Amended by Laws 1991, c. 238, § 24, eff. July 1, 1991.

§19-138.4.  Compensation - Private practice.

In counties subject to the provisions of Section 138.1a et seq. of this title, wherein the district judges have determined, in accordance with Section 138.3 of this title that the protection of the unfortunate and poverty-stricken defendants subject to criminal action in such county require the employment of a county indigent defender on a full-time basis, such person so appointed shall not engage in any practice of law except in the performance of the duties as county indigent defender, and shall receive a salary commensurate with the salary received by the district attorney in said district, payable monthly, from the court fund of such county, provided such salaries shall not apply to counties of less than three hundred thousand (300,000) population; provided that if additional assistance is required by the county indigent defender to properly fulfill the duties of the office, the indigent defender may authorize the employment of and appoint assistant defenders on a full-time or part-time basis, which assistants shall be under the same restrictions as to the practice of law as the county indigent defender of such county, and each shall receive a salary commensurate with the range of salaries of assistant district attorneys in their districts, payable monthly, out of the court fund of the county as determined by the county indigent defender.

Added by Laws 1961, p. 210, § 4, emerg. eff. Aug. 7, 1961.  Amended by Laws 1963, c. 189, § 1, emerg. eff. June 10, 1963; Laws 1970, c. 110, § 1, emerg. eff. April 1, 1970; Laws 1974, c. 102, § 1, emerg. eff. April 30, 1974; Laws 1991, c. 238, § 25, eff. July 1, 1991; Laws 1994, c. 343, § 16, eff. Sept. 1, 1994; Laws 2001, c. 129, § 2, eff. July 1, 2001.

§19138.5.  Duties.

A.  It shall be the duty of the office of the county indigent defender to represent as counsel anyone who appears for arraignment without aid of counsel, and who has been informed by the judge that it is his right to have counsel, and who desires counsel, but is unable to employ such aid; and upon order of a district judge of such county he shall investigate any matter pending before said judge and report to him in the manner prescribed by said judge.

B.  When a defendant or, if applicable, his parent or legal guardian requests representation by the county indigent defender, such person shall submit an appropriate application, the form of which shall state that such application is signed under oath and under the penalty of perjury and that a false statement may be prosecuted as such.  The application shall state whether or not the defendant has been released on bond.  In addition, if the defendant has been released on bond, the application shall include a written statement from the applicant that he or she has contacted three (3) attorneys, licensed to practice law in this state, and the applicant has been unable to obtain legal counsel.  A nonrefundable application fee of Fifteen Dollars ($15.00) shall be paid to the court clerk at the time the application is submitted, and no application shall be accepted without payment of the fee; except that the court may, based upon the financial information submitted, waive the fee, if the person is in custody or if the court determines that the person does not have the financial resources to pay the fee.  Any fee collected pursuant to this subsection shall be retained by the court clerk as an administrative fee and deposited in the court fund.  Before the court appoints the county indigent defender based on said application, the court shall advise the defendant or, if applicable, his or her parent or legal guardian that the application is signed under oath and under the penalty of perjury.  A copy of the application shall be sent to the prosecuting attorney or the Office of the Attorney General, whichever is appropriate, for review, and, upon request, the court shall hold a hearing on the issue of the eligibility for appointment of the county indigent defender.

C.  If the defendant is admitted to bail and the defendant or another person on behalf of the defendant posts a bond, other than by personal recognizance, this fact shall constitute a rebuttable presumption that the defendant is not indigent.

Added by Laws 1961, p. 211, § 5, emerg. eff. Aug. 7, 1961.  Amended by Laws 1991, c. 238, § 26, eff. July 1, 1991; Laws 1992, c. 357, § 3, eff. July 1, 1992; Laws 1993, c. 298, § 1, eff. July 1, 1993.

§19138.6.  Secretaries  Investigators  Salary.

Pursuant to the provisions of this act, the county indigent defender may authorize the employment of one or more secretaries and one or more investigators and shall determine and fix the salary to be paid; provided, that such salaries shall be commensurate with the range of salaries paid by the district attorneys' offices in their districts, payable monthly, from the court fund of such county.

Added by Laws 1961, p. 211, § 6, emerg. eff. Aug. 7, 1961.  Amended by Laws 1970, c. 110, § 2, emerg. eff. April 1, 1970; Laws 1974, c. 102, § 2, emerg. eff. April 30, 1974; Laws 1991, c. 238, § 27, eff. July 1, 1991; Laws 1994, c. 343, § 17, eff. Sept. 1, 1994.

§19-138.7.  Conflict of interest - Reassignment of case.

In those counties subject to the provisions of Section 138.1a of this title, if the court determines that a conflict of interest exists between a defendant and the county indigent defender, the case may be reassigned by the court to another county indigent defender, an attorney who represents indigents pursuant to contract, or a private attorney who has agreed to accept such appointments.

Added by Laws 1992, c. 303, § 20, eff. July 1, 1992.  Amended by Laws 1992, c. 357, § 4, eff. July 1, 1992; Laws 1993, c. 298, § 2, eff. July 1, 1993; Laws 2001, c. 129, § 3, eff. July 1, 2001; Laws 2003, c. 200, § 1, emerg. eff. May 7, 2003.

§19-138.7a.  Fees for attorneys defending death penalty cases.

A.  In every case in which the defendant is subject to the death penalty and an attorney other than a county indigent defender is assigned to the case as provided by Section 138.7 of Title 19 of the Oklahoma Statutes, total compensation for attorneys who serve as lead counsel and co-counsel shall not exceed the limits set in Section 1355.13 of Title 22 of the Oklahoma Statutes.

B.  The maximum statutory fee established pursuant to this section may be exceeded only when counsel establishes that the case is an exceptional one which requires an extraordinary amount of time to litigate and that the request for extraordinary attorney fees is reasonable.

Added by Laws 2005, c. 162, § 1, eff. Nov. 1, 2005.

§19-138.8.  Expert witness compensation.

In counties subject to the provisions of Section 138.1a of this title, expert witness compensation for indigent defense shall be paid by the court fund pursuant to procedures established by the governing board of the court fund.

Added by Laws 1992, c. 303, § 21, eff. July 1, 1992.  Amended by Laws 2001, c. 129, § 4, eff. July 1, 2001.

§19-138.9.  Counties of 200,000 or more.

In those counties with a population in excess of three hundred thousand (300,000) under the latest Federal Decennial Census, the county indigent defenders, for those counties subject to the provisions of Section 138.1a of this title, shall perfect appeals for those defendants which they represented in the trial court unless an appellate conflict exists between two or more such defendants, in which case the county indigent defender shall represent one defendant, the Oklahoma Indigent Defense System shall represent one defendant, and the court may assign the appeal of the case for any other defendants in the same manner as provided for conflict at the trial level in Section 138.7 of this title.  If an appellate conflict of interest exists between the defendant and the county indigent defender in a case in which the defendant has received the death penalty, the district court may appoint the Indigent Defense System to represent the defendant on appeal.  The Oklahoma Indigent Defense System shall also represent all indigent defendants from such counties who were not represented at trial by the county public defenders unless a conflict of interest on appeal exists between defendants, in which case the Oklahoma Indigent Defense System shall represent one defendant, the county indigent defender shall represent one defendant and the court may assign the appeal of the case for any other defendants in the same manner as provided for conflict at the trial level in Section 138.7 of this title.

Added by Laws 1981, c. 207, § 5, emerg. eff. May 26, 1981.  Amended by Laws 1992, c. 303, § 22, eff. July 1, 1992.  Renumbered from Title 22, § 1359 by Laws 1992, c. 303, § 32, eff. July 1, 1992.  Amended by Laws 1993, c. 298, § 3, eff. July 1, 1993; Laws 2001, c. 129, § 5, eff. July 1, 2001; Laws 2003, c. 200, § 2, emerg. eff. May 7, 2003.

§19-138.10.  Payment and collection of costs.

A.  The court shall order any person represented by a county indigent defender to pay the costs of representation.  In assessing these costs, the court shall take into consideration the ability of the defendant to pay and any likely hardship which would result.  The court may then order payment to be made in total or in installments and, in the case of installment payments, set the amount and due date of each installment.

B.  Costs assessed pursuant to this section shall be collected by the court clerk and deposited in the court fund.

C.  Costs of representation shall be a debt against the person represented until paid and shall be subject to any method provided by law for the collection of debts.

D.  Any order directing the defendant to pay costs of representation shall be a lien against all real and personal property of the defendant and may be filed against such property and foreclosed as provided by law for such liens.

E.  For purposes of collection of debts arising from the provisions of this section, the court clerks for the district courts of this state are authorized to utilize the procedures provided in Section 205.2 of Title 68 of the Oklahoma Statutes in the same manner and to the same extent as a state agency and the Oklahoma Tax Commission is directed to provide the same service to court clerks attempting to collect such debts pursuant to Section 205.2 of Title 68 of the Oklahoma Statutes as it provides to state agencies.

Added by Laws 1992, c. 303, § 23, eff. July 1, 1992.  Amended by Laws 1995, c. 28, § 1, eff. Nov. 1, 1995; Laws 1996, c. 251, § 1, eff. July 1, 1996.

§19-141.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943.

§19-142.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943.

§19-143.  Repealed by Laws 1941, p. 466, § 15.

§19-144.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943.

§19-145.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943.

§19-146.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943.

§19-147.  Repealed by Laws 1941, p. 466, § 12.

§19148.  Population, how determined.

The salaries of all county officers shall be based upon the federal census of 1910, and each additional ten (10) years thereafter, or upon any census taken subsequent to 1910, by order of the board of county commissioners under and by virtue of Section 415, Revised Laws of Oklahoma, 1910, and under the supervision of the Census Bureau of the United States Government:  Provided that when any unorganized territory is attached to any county for judicial purposes, the population of such unorganized territory shall be added to the population of said county in fixing the amount of such salary.

R.L. 1910, § 3216.  Amended by Laws 1919, c. 216, p. 313, § 1.

§19-149.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-149a.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943 and by Laws 1945, p. 73, § 2, emerg. eff. April 7, 1945.

§19-150.  Repealed by Laws 1941, p. 463, § 2, emerg. eff. June 7, 1941.

§19-151.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943.

§19-152.  Repealed by Laws 1943, p. 78, § 43, emerg. eff. April 12, 1943.

§19153.  Salaries  Payment periods.

The salary of all county officers, their clerks and deputies, shall be paid either monthly or twice a month, out of the county treasury by order of the board of county commissioners:  Provided, however, that no salary shall be allowed or paid until their reports are filed and approved by the board of county commissioners, as provided by law.

R.L. 1910, § 3251.  Amended by Laws 1989, c. 56, § 1, operative July 1, 1989.

§19-153.1.  Entities receiving county sales tax revenues - Reimbursement of county for cost of collecting, maintaining and distributing funds.

A.  The county treasurer or county clerk may charge a fee to any entity which is the recipient of revenue from a designated county sales tax levied for that entity as reimbursement for the cost of collecting, maintaining, and distributing the funds on behalf of the entity.

B.  The county treasurer or county clerk shall prepare a special estimate of needs each fiscal year covering all expenditures of the office on behalf of the entities receiving the sales tax revenue.  The estimate of need shall be itemized by personal services, maintenance, and operation expenditures for each taxing entity and filed with the county excise board or county budget board.

C.  In reviewing and approving the estimate as provided in subsection B of this section, the county excise board or county budget board shall charge such costs among the various recipients receiving the revenue and shall render a statement to each entity for reimbursement to the county general fund.

Added by Laws 1998, c. 86, § 1, eff. Nov. 1, 1998.

§19154.  Surety bonds  Premiums  Payment by county.

The premiums on all surety company bonds required to be executed by any officer or his deputy of any county of this state, or by any county employee who has in his custody any county property for the purposes of his employment, whether required by law or by the board of county commissioners or by the principal officer, where such bond is executed to run to the State of Oklahoma and after being approved in accordance with requirement is filed of record in the office of the county clerk of such county, shall be paid for by the county from funds appropriated therefor.

Added by Laws 1935, p. 175, § 1.  Amended by Laws 1945, p. 73, § 1.

§19-155.  Repealed by Laws 1972, c. 22, § 2, emerg. eff. Feb. 11, 1972 and by Laws 1972, c. 232, § 5, emerg. eff. April 7, 1972.

§19155.1.  Destruction of certain records filed in county assessor's offices  Microfilming.

The county assessor in any county is authorized to destroy any of the records which have been on file in his office for more than seven (7) years, including all assessment rolls, assessment listing sheets relating to tangible or intangible personal properties, monies and credits, real estate, or corporation properties, all balance sheets, and all homestead exemption applications.  All records which have been on file in his office for more than two (2) years, prior to the current calendar year and less than seven (7) years, may be destroyed if compliance is made with statutes authorizing the microfilming or other reproduction of records and storage of reproductions thereof.  A viewerscope shall be provided, the costs, maintenance and supplies therefor be paid from the county general fund, to accommodate public reference to the filmed records.  The State Library may be given any record which would be destroyed upon request therefor.

Added by Laws 1972, c. 22, § 1, emerg. eff. Feb. 11, 1972.  Amended by Laws 1988, c. 7, § 1, operative July 1, 1988.

§19-155.2.  Destruction of certain old records in clerk's office.

A.  The county clerk in each county in Oklahoma is hereby authorized each year to destroy the following workbooks, reports and transient and subsidiary records that have been on file or stored in the office the period of time specifically provided herein.

1.  After the expiration of one (1) year:

a. unused blank forms printed for fiscal year series, and

b. blank forms obsolete by change of law;

2.  After the expiration of five (5) years:

a. financing statements, except as otherwise provided by Article 9 of Title 12A of the Oklahoma Statutes or other statute, chattel mortgages, bills of sale, releases and renewals thereof, after the same ceases to be effective,

b. all county claims, claim calendars,

c. chattel mortgage indexes,

d. appropriation ledgers, warrant ledgers, financial ledgers,

e. requisitions,

f. upon retirement, discharge, or termination of employment, loyalty oath of said employee or officer,

g. certificates of error,

h. copies of reports and remittances, deposits and receipts,

i. monthly reports to the State Auditor and Inspector and reports to other officers and warrant issues,

j. daily reports including daily report jacket and all contents therein,

k. physician liens, insurance agent's liens, hospital liens, thresher and combiners liens, mechanic and materialmans liens, oil and gas liens, vendor liens, banker liens, mining liens, district attorney liens, labor liens, and personal property liens,

l. reports, checks, purchase orders and other bookkeeping records,

m. all tax protests, evidences, letters of orders of the board, letters of increased assessment, correspondence, reports, docket books, lists of parcels under protest, agendas, and

n. records pertaining to the Open Meetings Act and Open Records Act;

3.  After the expiration of seven (7) years after the final settlement following appeal to district court, all tax protest records;

4.  After the expiration of seven (7) years, balance sheets, deposit slips, tax records, W-2's and investment authorization slips for the retirement system; and

5.  After the expiration of ten (10) years:

a. all tax rolls and tax roll adjustments, and

b. all special assessment rolls.

B.  The State Library may be given any records that would otherwise be destroyed.

Added by Laws 1972, c. 198, § 1, emerg. eff. April 7, 1972.  Amended by Laws 1979, c. 30, § 66, emerg. eff. April 6, 1979; Laws 1991, c. 93, § 1, emerg. eff. April 23, 1991; Laws 1996, c. 101, § 1, eff. Nov. 1, 1996; Laws 2000, c. 371, § 167, eff. July 1, 2001.

§19-155.2A.  Destruction of certain workbooks, reports and records - Copying - Audits - Public access.

A.  As to the records that are not destroyed as provided for in this title, the county clerk in each county in this state, after complying with the provisions of all state statutes governing the copying of records, storing original negatives, and providing for convenient viewing of reproductions thereof, is hereby authorized to destroy the workbooks, reports and records that have been on file or stored in his or her office for a period of time longer than the period specifically indicated, as follows:

TYPE OF RECORD REQUISITE TIME OF

RETAINING ORIGINAL

Tax Protest Records Until final settlement

Tax Rolls and Tax Roll

  Adjustments 6 years

Special Assessment Rolls 6 years after due date

Miscellaneous Doctor's

  Certificates 5 years

Applications for Tax Deeds 5 years

Sheriff's Deputy Commission 5 years

Resolution for Cities and Towns

  and Ordinances 5 years

Interlocal Co-op Agreements 5 years

State Tax Liens 5 years after release,

lapse, or discharge

Federal Tax Liens 5 years after release,

lapse, or discharge

Sales Tax Audit Records 5 years

B.  All records which have been on file in his or her office may be destroyed after two (2) years provided the same are filmed, or copied by any other method allowed by law, and the State Auditor and Inspector has audited said records and has not directed such original records to be retained.  Such filmed records shall be retained for the same period of time as required of the original, if it had been retained.  Arrangements shall be made to allow public access to said records.

Added by Laws 1991, c. 93, § 2, emerg. eff. April 23, 1991.  Amended by Laws 1998, c. 196, § 1, eff. Nov. 1, 1998.

§19155.3.  Intangible tax records  Destruction.

County treasurers in each county in Oklahoma are hereby authorized to destroy all intangible tax records.

Added by Laws 1972, c. 232, § 1, emerg. eff. April 7, 1972.

§19155.4.  Destruction of certain types of work books, reports and records after certain length of time.

The county treasurer in each county in Oklahoma is hereby authorized, each year, to destroy the hereinafter mentioned types of work books, reports and records that have been on file or stored in his office for the period specifically indicated as follows:

1.  After the expiration of seven (7) years:

a mortgage tax receipts;

b. all records pertaining to personal tax warrants;

c. personal tax lien docket.

2.  After the expiration of seven (7) years after the final settlement:

a. all tax protest records;

b. municipal bond and judgment records.

3.  After the expiration of ten (10) years:

a. all tax rolls and tax roll adjustments;

b. all special assessment rolls;

c. all tax sale and resale records;

d. real property, personal property, special assessments and emergency or back tax receipts.

4.  After the expiration of seven (7) years, provided that the State Auditor and Inspector has completed his audit for such years and has not in his report required the record to be retained for a longer period of time:

a. all records pertaining to school districts;

b. all bookkeeping records and instruments pertaining to apportionment and distribution of monies;

c. warrant registers;

d. miscellaneous income and distribution receipts and records;

e. bank statements, deposit tickets, F.D.I.C. documents, depository records, reports, checks, purchase orders and other bookkeeping records.

Added by Laws 1972, c. 232, § 2, emerg. eff. April 7, 1972.  Amended by Laws 1979, c. 30, § 67, emerg. eff. April 6, 1979; Laws 1990, c. 28, § 1, emerg. eff. April 4, 1990.

§19155.5.  Destruction of certain reccords after microfilming.

A.  As to the records that are not destroyed as provided for in Section 2 above, the county treasurer in each county in Oklahoma, after compliance with provisions of statute as to microfilming of records, storing original negatives, and providing for convenient viewing of reproductions thereof, is hereby authorized, each year, to destroy the hereinafter mentioned types of work books, reports and records that have been on file or stored in his office for a period of time longer than the period specifically indicated, as follows:

REQUISITE TIME OF

  RETAINING

TYPE OF RECORD   ORIGINAL

Tax Rolls and Tax

  Roll adjustments 6 years

Tax Sale and Resale

  Records 6 years

Special Assessment Rolls 6 years after due date

Tax Protest Records Until final settlement

Tax Receipts

  Real Property,

  personal property 7 years

Special Assessments,

  emergency or back

  assessments, and

  mortgage tax receipts 2 years

Municipal Bond Records 7 years after final

  settlement

Personal Tax, Warrants

  and Records 2 years

B.  All the records above described in Section 2, subsection 3, may be destroyed after two (2) years provided the same are filmed; and further provided that the State Auditor and Inspector has audited said records and has not directed such original records to be retained.  Such filmed records must be retained until such time as the original, if it had been retained, would have been seven (7) years old.

Added by Laws 1972, c. 232, § 3, emerg. eff. April 7, 1972.  Amended by Laws 1979, c. 30, § 68, emerg. eff. April 6, 1979.

§19155.6.  Request by State Library.

The State Library may be given any record, which would otherwise be destroyed, upon its request therefor.

Added by Laws 1972, c. 232, § 4, emerg. eff. April 7, 1972.

§19-155.7.  County records - Photographing, microphotographing, photostating, reproducing on film or storing on optical disks.

A.  County officers may have any or all records kept by any county office photographed, microphotographed, photostated, reproduced on film or stored on optical disk.  Such film or reproducing material shall be of durable material and the device used to reproduce such records on film or other material shall be such as to accurately reproduce and perpetuate the original records in all details.

B.  The photostatic copy, photograph, microphotograph, photographic film or optical disk of the original records shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all court or administrative agencies.  A facsimile, exemplification or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, exemplification or certified copy of the original.

C.  Whenever such reproduced records shall be placed in conveniently accessible files and provisions made for preserving, examining and using same, the county officer may certify those facts to the board of county commissioners.  All such records shall be archived or disposed of according to the provisions of the Oklahoma State Statutes and any other such restrictions as may be applicable.

Added by Laws 1991, c. 31, § 1, eff. Sept. 1, 1991.

§19-156.  Repealed by Laws 1953, p. 73, § 6, emerg. eff. April 30, 1953.

§19-157.  Repealed by Laws 1965, c. 501, § 3.

§19-158.  Repealed by Laws 1965, c. 501, § 3.

§19-159.  Repealed by Laws 1965, c. 501, § 3.

§19160.  Extra help and travel expenses  Payment from separate budget items.

An item appropriated in the budget of a county officer other than the county election board for compensating regular employees of the office may not be expended for extra help or for payment of travel expenses.  From, and only from, an item in the budget for his office wherein appropriation is made separate from paying regular or permanent deputies may a county officer make expenditures for extra help or travel expenses.  This act shall not apply to counties with a population over three hundred thousand (300,000) at the last decennial census.

Added by Laws 1968, c. 314, § 1, emerg. eff. May 7, 1968.

§19-161.  Definitions.

As used in this act:

1.  "County officer" means the county clerk, county commissioner, county assessor, district court clerk, county treasurer and county sheriff;

2.  "Deputy" means one or more regular employees appointed to assist a county officer in the performance of the official duties of the county officer;

3.  "Traveling expenses" means reimbursement for mileage, meals, lodging, toll road fees, parking fees, telephone and other ordinary expenses incurred, except meals and lodging incurred within the county unless the meals were during a county association school, seminar or training; and

4.  "Voluntary instruction" means one or more schools, courses, conferences, institutes and meetings which are available and are attended by a county officer or deputy as a discretionary training supplement to the duties of any office covered by this act.

Added by Laws 1979, c. 221, § 1, emerg. eff. May 30, 1979.  Amended by Laws 1993, c. 239, § 5, eff. July 1, 1993; Laws 1999, c. 117, § 1, eff. Nov. 1, 1999.

§19162.  Deputies  Appointment  Compensation and salaries  Appropriations.

Subject to the approval of the county excise board, every county officer shall appoint such regular and special deputies as are essential to the performance of the duties of the office in an efficient manner and shall fix their salaries and compensation.  In order to provide for parity among and between county offices, every county which has established a county budget board pursuant to the County Budget Act, Sections 1401 through 1421 of this title, may, upon majority vote of the members of the budget board, institute equivalent employee job descriptions and related salary levels for all full-time employment positions for uniform application by each county officer.  It shall be the responsibility of the board of county commissioners to cause such job descriptions and salary levels to be established.  The county officer shall annually make request for appropriation for payment of salaries, traveling expenses, supplies and equipment and other needs for performing his official duties.  The board of county commissioners and the county excise board shall annually appropriate amounts that will enable a county officer to hire and keep capable deputies, provide their instruction, provide sufficient supplies and equipment for the county officer and his deputies, provide reimbursement for traveling expenses for the county officer or deputies whose assignments require expenditures therefor, or provide a monthly travel allowance for the county officer in lieu of reimbursed expenditures for travel within this state.

Added by Laws 1979, c. 221, § 2, emerg. eff. May 30, 1979.  Amended by Laws 1997, c. 283, § 1, emerg. eff. May 27, 1997.

§19163.  Reimbursement for traveling expenses.

Each county officer or his deputy shall be entitled to reimbursement for all traveling expenses incurred in the performance of official duties.  All expenses shall be paid upon sworn itemized claims.

Added by Laws 1979, c. 221, § 3, emerg. eff. May 30, 1979.

§19164.  Private automobiles  Reimbursement for use.

When transportation involves the use of the private automobile of a county officer, deputy, or county employee entitled to reimbursement, such county officer, deputy or employee shall be entitled to claim reimbursement for use thereof at the rate provided for in the State Travel Reimbursement Act for state officers and employees.  Official duties shall include attendance by a county officer and at least one of his deputies for voluntary instruction.

Added by Laws 1979, c. 221, § 4, emerg. eff. May 30, 1979.  Amended by Laws 1980, c. 302, § 1, eff. July 1, 1980.

§19-165.  Travel allowance in lieu of traveling expenses - Emergency use of county-owned vehicle or equipment.

A.  In lieu of reimbursement for traveling expenses within their county each county commissioner and sheriff may receive a monthly travel allowance of Six Hundred Dollars ($600.00).  In lieu of the reimbursement for traveling expenses authorized by law for each county officer, each county assessor may receive a monthly travel allowance of Four Hundred Dollars ($400.00), and each county clerk, court clerk and county treasurer may receive a monthly travel allowance of Three Hundred Dollars ($300.00).  Each such county officer may be subject to the penalty provided by Section 166 of this title for failure to attend the meetings specified in that section.

B.  The provisions of this section and Sections 163 and 164 of this title shall not prevent the emergency use of a county-owned vehicle or county-owned equipment by a county officer when such county officer is acting on behalf of the county or when such use is related to county business.  As used in this subsection, "emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action.

Added by Laws 1979, c. 221, § 5, emerg. eff. May 30, 1979.  Amended by Laws 1980, c. 302, § 2, eff. July 1, 1980; Laws 1993, c. 239, § 6, eff. July 1, 1993; Laws 1998, c. 258, § 1, eff. Nov. 1, 1998; Laws 2000, c. 86, § 1, eff. Nov. 1, 2000; Laws 2005, c. 208, § 1, eff. Nov. 1, 2005.

§19166.  Forfeiture of travel allowance  Membership organizations  Attending conferences, etc.  Traveling expenses.

Failure of a county officer to attend any school, conference or meeting unless excused prior thereto shall cause the county officer to forfeit his right to the monthly travel allowance provided by Section 165 of this title for the month in which such school, conference or meeting is held.  The directing state officer or agency head shall notify the county clerk of the county of the forfeiture of such county officer.  Any county, county officer or deputy may join his respective state, national or international association, including but not limited to, the National Association of Counties, the International Association of Assessors and the International Association of Clerks, Recorders, Election Officials and Treasurers.  It shall not be mandatory for a county officer or his deputy to attend any meeting, school, institute or conference sponsored or held by anyone other than a state officer or agency head, but if funds are available for travel to such meeting, school, institute or conference, either within or outside this state, from funds appropriated for traveling expenses in addition to the monthly travel allowance provided by Section 165 of this title, then it shall be lawful for such traveling expenses to be paid from such travel funds so appropriated to the county officer or his deputies.

Added by Laws 1979, c. 221, § 6, emerg. eff. April 19, 1985.  Amended by Laws 1985, c. 32, § 1, emerg. eff. April 19, 1985.

§19167.  Blanket bond.

The board of county commissioners of each county is hereby directed to purchase from the lowest bidder a surety contract or contracts in the form known as a "blanket bond" to cover all county officers, appointive officers, employees and reserve force deputy sheriffs in the manner hereinafter provided.  No other bond shall be acceptable as surety for any elected or appointed officer or employee of this state in lieu of the blanket bond provided for herein unless the blanket bond is provided for as a specified item in an all risk insurance policy purchased by the county.  For purposes of this act, a "blanket bond" is defined as a public employees' blanket position bond which covers all employees up to the penalty of the bond for each employee and the full penalty of the bond is always in force during its term and no restoration is necessary and there is no additional premium after a loss is paid.  The district attorney shall bring an action on the blanket bond to recover any loss by the county which is covered by the bond.  Reserve deputy sheriffs shall also be covered by workers' compensation insurance as provided in Section 1 et seq. of Title 85 of the Oklahoma Statutes.

Added by Laws 1979, c. 221, § 7, emerg. eff. May 30, 1979.  Amended by Laws 1981, c. 72, § 2, eff. Oct. 1, 1981; Laws 1982, c. 367, § 1, emerg. eff. July 14, 1982; Laws 1994, c. 42, § 1, eff. Sept. 1, 1994.

§19-168.  Volunteer - Protection of sovereign immunity - Travel and training expenses.

Persons who are not county employees, but who are performing substantial and necessary services to the county on a voluntary basis without compensation which have been directed and approved by a county officer, shall enjoy the protection of sovereign immunity of the state to the same extent as a paid employee.  Such persons may be reimbursed for expenses incurred during authorized official travel pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes, or for training expenses, provided it is indicated on the claim the person is not a county employee, a description of services performed is entered, and the officer, by his approval of the claim, certifies such services were substantial, necessary and germane to the duties and functions of the county office.

Added by Laws 1989, c. 203, § 1, emerg. eff. May 8, 1989.  Amended by Laws 1996, c. 109, § 1, eff. Nov. 1, 1996.

§19171.  Audit by State Auditor and Inspector  When required  Scope of audit.

Each county of this state shall every two years have an audit made by the State Auditor and Inspector or his duly appointed deputy or deputies of all of the books, records and accounts of all the officers of each county of this state, which audit shall be general in its nature and shall include an audit of the books, records and accounts of all officers who collect or disburse monies, fees, fines or public charges of any kind including therein a tax roll audit, a claim audit, and an audit of each of the justices of peace within the county.  In addition to the above, such State Auditor and Inspector may require an audit of the books and records of any county official or custodian of any of the funds of the county upon the death, resignation or removal from office of any such county official, covering a period from the date of the last general audit up to the date of such death, resignation or removal therefrom.

Each biennial county audit shall cover the two preceding fiscal years beginning as of July 1st immediately preceding the year in which the appropriation is made for such general audit, provided, that nothing herein shall prevent such State Auditor and Inspector from causing an audit to be made for any prior year of all the books, records and accounts of any such county official.

Added by Laws 1933, c. 40, p. 77, § 1, emerg. eff. May 2, 1933.  Amended by Laws 1979, c. 30, § 69, emerg. eff. April 6, 1979.

§19-172.  Repealed by Laws 1979, c. 30, § 164, emerg. eff. April 6, 1979.

§19173.  Special audit fund  Payments made from.

Salaries, traveling expenses, expenses for work sheets, supplies, typing and binding the report of audit, shall be paid from the special audit fund after filing properly itemized claim verified by attached receipts and approved by the State Auditor and Inspector, with the county clerk as provided by law for other claims against the county.

Added by Laws 1933, c. 40, p. 78, § 3.  Amended by Laws 1979, c. 30, § 70, emerg. eff. April 6, 1979.

§19174.  Reports  Copies  Officers filed with.

A copy of each report of audit shall be filed with the Governor, district attorney, county clerk and the State Auditor and Inspector.

Added by Laws 1933, c. 40, p. 78, § 4.  Amended by Laws 1979, c. 30, § 71, emerg. eff. April 6, 1979.

§19174.1.  Publication of notice of filing of audit report  Posting of certificate of completion.

The State Auditor and Inspector is hereby authorized upon filing of report of audit of the books, records and accounts of any county officer, board or commission to publish in a newspaper or newspapers having a general circulation in the county a notice of the filing of such audit report; and he may cause to be posted a certificate of completion of such audit report in the office or offices having custody of the books, records and accounts embraced in such audit report.  The State Auditor and Inspector shall transmit a copy of the letter of transmittal of each such audit report to every legal newspaper published within the county wherein said audit report is filed with the county clerk.

Added by Laws 1957, p. 92, § 1.  Amended by Laws 1979, c. 30, § 72, emerg. eff. April 6, 1979.

§19174.2.  Cost of publication.

The total cost of publication of such notice shall not exceed Ten Dollars ($10.00) to any one newspaper and shall be paid from any funds appropriated for county audit purposes, upon duly verified claims.

Added by Laws 1957, p. 92, § 2.

§19-175.  Repealed by Laws 1941, p. 466, § 15.

§19176.  Partial invalidity  Effect.

In case any section, sentence, or clause of this act is held unconstitutional then it is hereby declared to be the intention of the Legislature to enact each and all of the sections, sentences and clauses remaining in said act as if that, if any, which is held unconstitutional had not been included in this act.

Added by Laws 1933, c. 40, p. 78, § 6.

§19177.1.  Purpose of law.

It is hereby declared to be the purpose and intention of the Legislature to strengthen the system of checks and balances upon receipt and disbursement of county funds through audit by the independent state agency of the department of the State Auditor and Inspector and to that end and by this act mandatorily require the appropriation and dedication of certain funds to that purpose in order to provide more nearly adequate and sufficient means for complete annual audit and report thereof.

Added by Laws 1953, p. 282, § 1.  Amended by Laws 1979, c. 30, § 73, emerg. eff. April 6, 1979.

§19177.2.  Use of ad valorem levy for county audit  Lapse and cancellation of unexpended balance.

The net proceeds of the onetenth mill annual ad valorem levy upon the net total assessed valuation in any county for any year authorized and mandatorily required to be appropriated and dedicated to county audit by Section or paragraph 331 of Title 62, Oklahoma Statutes 1951 (H.B. 367, page 282, S.L. 1941), shall henceforth be restricted to and used only for audit survey and reporting receipt, disbursement and management of county affairs financed by county ad valorem levy and miscellaneous revenues other than ad valorem taxation accruing to the general fund of such county, whether such audit be in the performance of duties charged to the State Auditor and Inspector and instigated at his own initiative and directive, or on request of the board of county commissioners of such county or order of the Governor as provided by Section or paragraph 212 of Title 74, Oklahoma Statutes 1951.  If, after completion of audit of all county accounts so financed, and report thereof, including report of audit of cash funds where possible, as by this act provided, unless there be directive from the Governor for other and/or further inquiry, the board of county commissioners may, upon certificate of completion by the State Auditor and Inspector, request that any unexpended and unencumbered balance of appropriation therein be, by the county excise board, lapsed and cancelled and the county revenues restricted thereby revert to surplus, available for appropriation to any lawful county purpose.

Added by Laws 1953, p. 283, § 2.  Amended by Laws 1979, c. 30, § 74, emerg. eff. April 6, 1979.

§19-177.3.  Repealed by Laws 1963, p. 769, § 1, eff. June 25, 1963.

§19177.4.  Expense of typing, binding and distribution of audit reports.

To the extent general fund audit appropriations are sufficient, the same shall bear the expense of typing, binding and distribution of audit reports for all county financial operations; if otherwise, report of a "Cash Fund" receipts, disbursements, and management shall be separately reported and the cost thereof charged to the audit account set apart therefrom for audit purposes.

Added by Laws 1953, p. 283, § 4.

§19177.5.  Annual defined  Audit of current acounts.

The term "annual" as applied to the mandatory function of audit as provided by this act is hereby defined as for the fiscal period terminating as of June 30th of the fiscal year immediately preceding the fiscal year in which the onetenth mill levy proceeds is appropriated; but if, during the fiscal year current there arises occasion sufficiently necessary to examine the current accounts of a county office or department to which another person succeeds for any reason and there be request or emergency to determine the condition of accounts newly coming into his custody, it shall be lawful for the State Auditor and Inspector, to make audit and report thereof, provided regular audit of the preceding fiscal year or years be not neglected to do so.  Likewise, on demand by any inquisatorial body or officer such as the district attorney or Attorney General, audit and report of accounts current may be made.

Added by Laws 1953, p. 283, § 5.  Amended by Laws 1979, c. 30, § 75, emerg. eff. April 6, 1979.

§19177.6.  Audit of property accounts.

If and when the Legislature shall require property accounting in the several counties of this state, audit and verification of such accounts and physical count and verification of the properties of the county so required to be kept account of, shall be deemed comprehended and included in the definition of "audit" as by this act provided.

Added by Laws 1953, p. 284, § 6.

§19177.7.  Purveyors of services, goods, wares or merchandise to county  Verification of accounts  Privileged information  Inspection of accounts.

To the extent available funds permit, but only after audit analysis of the books, accounts, and records kept by county officers, and in addition to the written exhibits the State Auditor and Inspector may now require of county officers, managers and employees under Section or paragraph 215 of Title 74, Oklahoma Statutes 1951, the State Auditor and Inspector shall have the same authority and under the same penalty provisions to require of any purveyor of services, goods, wares, or merchandise to the county, whether for money or property, a verification in writing under oath in full detail of dates, items, descriptions, unit rates, and amounts charged for and, if paid, how and when paid.  Purveyors of goods, wares, and merchandise of any sort for which public money or property is anticipated, demanded, or received, shall, at the time and for five (5) years thereafter keep careful and complete account thereof, which accounts shall be private and privileged to the public generally but open to inspection as public records at any time to the officer who required the same or to the Governing Board who allowed payment of the same, or to the district attorney of such county, to the State Auditor and Inspector, to the Attorney General, or to a grand jury.

Added by Laws 1953, p. 284, § 7.  Amended by Laws 1979, c. 30, § 76, emerg. eff. April 6, 1979.

§19-177.8.  Repealed by Laws 1957, p. 550, § 3, emerg. eff. May 31, 1957.

§19-178.1.  Inventory - Continuous inventory - Accounting.

The board of county commissioners in each county of this state shall take, or cause to be taken, an inventory of all working tools, apparatus, machinery and equipment belonging to the county or leased or otherwise let to it or to any department thereof, other than that which is affixed to and made a part of lands and buildings, the cost of which as to each complete working unit thereof is more than Five Hundred Dollars ($500.00), and thereafter maintain or cause to be maintained a continuous inventory record thereof and of like tools, apparatus, machinery and equipment purchased, leased or otherwise coming into the custody of the county or of any office, board, department, commission or any or either thereof, and the disposition thereof whether sold, exchanged, leased or let where authorized by statute, junked, strayed or stolen, and biennially thereafter, or oftener in event of death, resignation or removal of an elective officer with a term, to verify or cause to be verified by count and report of the same as of the end of a term of office and as part and parcel of the accounting required by law of a retiring or re-elected officer, and, as to appointive heads of departments amenable directly to the board of county commissioners and as to quasi-governmental boards and commissions such as free fair boards, hospital boards and the like, the same shall be as of the last business day immediately preceding the day certain commencing a new term of the board of county commissioners; all in the manner as provided by law.

Added by Laws 1953, p. 66, § 1, emerg. eff. June 10, 1953.  Amended by Laws 1981, c. 60, § 1, eff. Oct. 1, 1981; Laws 1988, c. 145, § 1, emerg. eff. April 27, 1988; Laws 2005, c. 201, § 1, eff. July 1, 2005.

§19178.2.  Duty of officers and employees to conform to law.

It shall be and is hereby made the duty of every county officer, board, commission, or department, and by record directive of the board of county commissioners may be made the duty of any employee of the board of county commissioners subject to summary discharge and removal by said board, to conform in all respects and be amenable to all uniform resolutions adopted by their respective boards of county commissioners directing the taking, recording, maintaining and reporting inventories of properties in their respective custody in accordance with the provisions of this act.

Added by Laws 1953, p. 67, § 2, emerg. eff. June 10, 1953.

§19178.3.  Custodian of records, files and reports - Destruction.

A.  The county clerk shall be custodian and repository of all inventory records, files and reports.

B.  The county clerk in each county in Oklahoma is hereby authorized to destroy all inventory records, files and reports of any inventory of the county which has been disposed of for three (3) years or more if the inventory account has been subject to a full audit by the State Auditor and Inspector.

Added by Laws 1953, p. 67, § 3, emerg. eff. June 10, 1953.  Amended by Laws 1993, c. 334, § 1, emerg. eff. June 9, 1993.

§19178.4.  Systems and forms  Audit and verification of accounts.

It shall be and is hereby made the duty of the State Auditor and Inspector to prescribe all systems and forms to be used in property accounting in keeping with the provisions of this act, whether for record or reporting, and of indentification of such properties for said purposes, and to enforce the use of the same in his own right as such public officer.  It shall be his further duty to audit and verify said accounts so kept in as full and ample manner as is now required by law of county finance records.

Added by Laws 1953, p. 67, § 4, emerg. eff. June 10, 1953.  Amended by Laws 1979, c. 30, § 77, emerg. eff. April 6, 1979.

§19178.5.  Penalties.

No special penalties shall apply to any public officer charged with the performance of duties under this act other than that provided in 51 O.S. 1951 Section 91105.

Added by Laws 1953, p. 67, § 5, emerg. eff. June 10, 1953.

§19-179.1.  Repealed by Laws 1959, p. 100, § 4.

§19-179.2.  Repealed by Laws 1959, p. 100, § 4.

§19-179.3.  Repealed by Laws 1959, p. 100, § 4.

§19-179.4.  Repealed by Laws 1959, p. 100, § 4.

§19-179.5.  Repealed by Laws 1959, p. 100, § 4.

§19-179.6.  Repealed by Laws 1959, p. 100, § 4.

§19-179.7.  Repealed by Laws 1959, p. 100, § 4.

§19-179.8.  Repealed by Laws 1959, p. 100, § 4.

§19-179.9.  Repealed by Laws 1959, p. 100, § 4.

§19-179.10.  Repealed by Laws 1959, p. 100, § 4.

§19-179.11.  Repealed by Laws 1959, p. 100, § 4.

§19-179.12.  Repealed by Laws 1959, p. 100, § 4.

§19-179.13.  Repealed by Laws 1968, c. 162, § 8, eff. Jan. 13, 1969 and Laws 1968, c. 412, § 19, eff. Jan. 13, 1969.

§19-179.14.  Repealed by Laws 1968, c. 162, § 8, eff. Jan. 13, 1969.

§19-179.15.  Repealed by Laws 1968, c. 412, § 19, eff. Jan. 13, 1969.

§19-179.16.  Repealed by Laws 1969, c. 14, § 1, eff. Feb. 10, 1969.

§19-179.17.  Repealed by Laws 1968, c. 162, § 8, eff. Jan. 13, 1969 and Laws 1968, c. 412, § 19, eff. Jan. 13, 1969.

§19-179.18.  Repealed by Laws 1968, c. 162, § 8, eff. Jan. 13, 1969.

§19-179.19.  Repealed by Laws 1969, c. 14, § 1, eff. Feb. 10, 1969.

§19-179.20.  Repealed by Laws 1957, p. 106, § 3, emerg. eff. March 28, 1957.

§19-179.21.  Repealed by Laws 1969, c. 14, § 1, eff. Feb. 10, 1969.

§19-180.1.  Repealed by Laws 1949, p. 139, § 12.

§19-180.2.  Repealed by Laws 1949, p. 139, § 12.

§19-180.3.  Repealed by Laws 1949, p. 139, § 12.

§19-180.4.  Repealed by Laws 1949, p. 139, § 12.

§19-180.5.  Repealed by Laws 1949, p. 139, § 12.

§19-180.6.  Repealed by Laws 1949, p. 139, § 12.

§19-180.7.  Repealed by Laws 1949, p. 139, § 12.

§19-180.8.  Repealed by Laws 1949, p. 139, § 12.

§19-180.9.  Repealed by Laws 1949, p. 139, § 12.

§19-180.10.  Repealed by Laws 1949, p. 139, § 12.

§19-180.11.  Repealed by Laws 1949, p. 139, § 12.

§19-180.12.  Repealed by Laws 1949, p. 139, § 12.

§19-180.12a.  Repealed by Laws 1949, p. 139, § 12.

§19-180.12b.  Repealed by Laws 1949, p. 139, § 12 and Laws 1949, p. 151, § 2.

§19-180.13.  Repealed by Laws 1949, p. 139, § 12.

§19-180.14.  Repealed by Laws 1949, p. 139, § 12.

§19-180.15.  Repealed by Laws 1949, p. 139, § 12.

§19-180.16.  Repealed by Laws 1949, p. 139, § 12.

§19-180.16a.  Repealed by Laws 1949, p. 139, § 12.

§19-180.17.  Repealed by Laws 1949, p. 139, § 12.

§19-180.18.  Repealed by Laws 1949, p. 139, § 12.

§19-180.19.  Repealed by Laws 1949, p. 139, § 12.

§19-180.20.  Repealed by Laws 1949, p. 139, § 12.

§19-180.21.  Repealed by Laws 1949, p. 139, § 12.

§19-180.22.  Repealed by Laws 1949, p. 139, § 12.

§19-180.23.  Repealed by Laws 1949, p. 139, § 12.

§19-180.24.  Repealed by Laws 1949, p. 139, § 12.

§19-180.25.  Repealed by Laws 1949, p. 139, § 12.

§19-180.26.  Repealed by Laws 1949, p. 139, § 12.

§19-180.27.  Repealed by Laws 1949, p. 139, § 12.

§19-180.28.  Repealed by Laws 1949, p. 139, § 12.

§19-180.29.  Repealed by Laws 1949, p. 139, § 12.

§19-180.30.  Repealed by Laws 1949, p. 139, § 12.

§19-180.31.  Repealed by Laws 1949, p. 139, § 12.

§19-180.32.  Repealed by Laws 1949, p. 139, § 12.

§19-180.33.  Repealed by Laws 1949, p. 139, § 12.

§19-180.34.  Repealed by Laws 1947, p. 194, § 2 and Laws 1949, p. 139, § 12.

§19-180.35.  Repealed by Laws 1949, p. 139, § 12.

§19-180.36.  Repealed by Laws 1949, p. 139, § 12.

§19-180.37.  Repealed by Laws 1949, p. 139, § 12.

§19-180.37a.  Repealed by Laws 1949, p. 139, § 12.

§19-180.37b.  Repealed by Laws 1949, p. 139, § 12.

§19-180.38.  Repealed by Laws 1949, p. 139, § 12.

§19-180.38a.  Repealed by Laws 1949, p. 139, § 12.

§19-180.39.  Repealed by Laws 1949, p. 139, § 12.

§19-180.40.  Repealed by Laws 1949, p. 139, § 12.

§19-180.41.  Repealed by Laws 1949, p. 139, § 12.

§19-180.42.  Repealed by Laws 1949, p. 139, § 12.

§19-180.42a.  Repealed by Laws 1949, p. 139, § 12.

§19-180.42b.  Repealed by Laws 1949, p. 139, § 12.

§19-180.42c.  Repealed by Laws 1955, p. 608, § 2.

§19-180.42d.  Repealed by Laws 1968, c. 262, § 8, eff. Jan. 13, 1968 and Laws 1968, c. 412, § 19, eff. Jan. 13, 1969.

§19-180.42e.  Repealed by Laws 1968, c. 262, § 8, eff. Jan. 13, 1968 and Laws 1968, c. 412, § 19, eff. Jan. 13, 1969.

§19-180.42f.  Repealed by Laws 1961, c. 212, § 2.

§19-180.42g.  Repealed by Laws 1968, c. 162, § 8.

§19-180.42h.  Repealed by Laws 1968, c. 262, § 8, eff. Jan. 13, 1968, and Laws 1968, c. 412, § 19, eff. Jan. 13, 1969.

§19-180.42i.  Repealed by Laws 1959, p. 100, § 14.

§19-180.43.  Feeding, care, housing, and upkeep of prisoners - Expenses - Travel reimbursement - Violations.

A.  Each county sheriff may contract with the Department of Justice of the United States of America, the Department of Corrections, or any municipality of this state for the feeding, care, housing, and upkeep of federal, state, or municipal prisoners, or alien detainees incarcerated in the county jail.  Any funds received pursuant to said contract shall be the funds of the county where the federal, state, or municipal prisoners, or alien detainees are incarcerated and shall be deposited in a separate revolving fund with the county treasurer.  All purchases made pursuant to the provisions of this subsection shall be made pursuant to the purchasing procedures specified in Sections 1500 through 1505 of this title, including the use of blanket purchase orders as provided for in Section 310.8 of Title 62 of the Oklahoma Statutes.  The sheriff shall be permitted to expend any surplus in the revolving fund for administering expenses for salaries, training, equipment, or travel, or for capital expenditures.

The claim for said expenses shall be filed with and allowed by the board of county commissioners as other claims.  The sheriff shall receive no compensation for said services.  The sheriff shall file an annual report with the board of county commissioners not later than January 15 of each year.  The State Auditor and Inspector shall conduct an audit of the report as on other public records of the county.

B.  In lieu of the travel reimbursement or monthly travel allowance provided for by law, the board of county commissioners may purchase and provide for the operation, maintenance, insurance, equipping, and repair of an automobile for each county commissioner to be used in performing the duties of his office.  In lieu of the travel reimbursement or monthly travel allowance provided for by law, the board of county commissioners, with the concurrence of the county sheriff, may purchase and provide for the operation, maintenance, insurance, equipping, and repair of automobiles for the use of the sheriff in performing the duties of his office.  Any automobile purchased pursuant to the authority granted in this section shall be purchased by competitive bids.  The use of any said automobile for private or personal purposes is hereby prohibited.  In any county having a population of at least three hundred fifty thousand (350,000), where it is determined by the sheriff to be more economical and advantageous to the county, the sheriff may establish a monthly automobile allowance of not more than Four Hundred Dollars ($400.00) per month in lieu of the mileage per mile for incounty driving as authorized in this section.  Any travel reimbursement other than incounty driving as provided for in this section shall be for actual and necessary expenses as provided for in the State Travel Reimbursement Act.  Any person violating the provisions of this subsection, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail for not more than thirty (30) days, or by both said fine and imprisonment, and in addition thereto shall be discharged from county employment.

C.  The State of Oklahoma hereby declares and states that the increased number of persons impersonating law enforcement officers by making routine traffic stops while using unmarked cars is a threat to the public health and safety of all of the citizens of the State of Oklahoma; therefore it shall be unlawful for any county sheriff, deputy sheriff or reserve deputy sheriff to use any vehicle which is not clearly marked as a law enforcement vehicle for routine traffic enforcement except as provided in Section 12-218 of Title 47 of the Oklahoma Statutes.  In addition to Section 12-218 of Title 47 of the Oklahoma Statutes, the peace officer operating the law enforcement vehicle for routine traffic stops shall be dressed in the official uniform including shoulder patches, badge, and any other identifying insignias normally used by the employing law enforcement agency.

D.  Each county sheriff may operate, or contract the operation of, a commissary for the benefit of persons lawfully confined in the county jail under the custody of the county sheriff.  Any funds received pursuant to said operations shall be the funds of the county where the persons are incarcerated and shall be deposited in the Sheriff's Commissary Account.  The sheriff shall be permitted to expend the funds to improve or provide jail services.  The sheriff shall be permitted to expend any surplus in the Sheriff's Commissary Account for administering expenses for training equipment, travel or for capital expenditures.  The claims for expenses shall be filed with and allowed by the board of county commissioners in the same manner as other claims.  The sheriff shall receive no compensation for the operation of said commissary.  The sheriff shall file an annual report on any said commissary under his or her operation no later than January 15 of each year.  The State Auditor and Inspector shall conduct an audit of the report in the same manner as other public records of the county.  Nothing in this subsection shall circumvent the provisions of Section 73 of Title 7 of the Oklahoma Statutes.

E.  Each county sheriff may operate, or contract the operation of, a telephone system for the benefit of persons lawfully confined in the county jail under the custody of the county sheriff.  Any funds received pursuant to said operations shall be the funds of the county where the persons are incarcerated and shall be deposited in the Sheriff's Service Fee Account.  Such funds may be expended according to the guidelines previously established for expenditures from the general fund.  The claims for expenses shall be filed with and allowed by the board of county commissioners in the same manner as other claims.

Added by Laws 1943, p. 76, § 32, emerg. eff. April 12, 1943.  Amended by Laws 1945, p. 50, § 1, emerg. eff. Feb. 19, 1945; Laws 1951, p. 44, § 1, emerg. eff. Feb. 24, 1951; Laws 1957, p. 92, § 1, emerg. eff. June 7, 1957; Laws 1965, c. 111, § 1, emerg. eff. May 19, 1965; Laws 1965, c. 508, § 1, emerg. eff. July 20, 1965; Laws 1974, c. 180, § 1, emerg. eff. May 11, 1974; Laws 1979, c. 30, § 78, emerg. eff. April 6, 1979; Laws 1979, c. 221, § 8, emerg. eff. May 30, 1979; Laws 1980, c. 120, § 1, emerg. eff. April 15, 1980; Laws 1981, c. 101, § 1, emerg. eff. April 22, 1981; Laws 1982, c. 79, § 1; Laws 1984, c. 108, § 1; Laws 1989, c. 348, § 3, eff. Nov. 1, 1989; Laws 1991, c. 166, § 1, eff. July 1, 1991; Laws 1992, c. 237, § 1, emerg. eff. May 19, 1992; Laws 1994, c. 91, § 1, eff. Sept. 1, 1994; Laws 1999, c. 24, § 2, eff. July 1, 1999; Laws 2003, c. 33, § 1, eff. Nov. 1, 2003; Laws 2004, c. 19, § 1, emerg. eff. March 29, 2004.

§19-180.44.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-180.45.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-180.46.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-180.47.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-180.48.  Repealed by Laws 1953, p. 73, § 6, emerg. eff. April 30, 1953.

§19-180.49.  Repealed by Laws 1953, p. 73, § 6, emerg. eff. April 30, 1953.

§19-180.50.  Repealed by Laws 1970, c. 107, § 1, eff. April 1, 1970.

§19180.51.  Unforeseen increase of work  Abnormal conditions  Transfer of employees between offices.

In case of unforeseen increase of work in any county office of any county in the state or in case of abnormal conditions in any county in the state, such as, oil development, military posts located within the county, defense areas, state or federal reformatories or prisons, or an excessive area or any other emergency or abnormal condition, the board of county commissioners may declare an emergency and set up additional funds during the fiscal year or include in the budget, at the beginning of the fiscal year, additional funds to employ additional help in any office to the extent that said office may function properly.

Provided, however, that a seasonal or unexpected shortterm increase of work in any county office of any county in the state may be met by the temporary transfer of a deputy, deputies, or other employees from any other county office in the county to the office requiring additional personnel.  The board of county commissioners of the county in which the transfer is to be made shall, if in its judgment the temporary transfer is in the best interests of the county, authorize the temporary transfer of designated persons and shall cause a notation of the fact to be entered in the minutes of its meeting.  A period of temporary transfer shall be for not longer than sixty (60) calendar days, except that the transfer may be once renewed upon a second authorization of the board of county commissioners for an additional period of not more than sixty (60) calendar days.  No employee shall be transferred under the provisions of this section for a total of more than one hundred and twenty (120) calendar days in any one fiscal year.  A transfer of designated employees may be terminated by the board of county commissioners upon giving notice in writing to the county official who heads the office to which the employees have been temporarily transferred.  Such notice shall specify the date of termination but in no case shall this date be less than three (3) days after delivery of said notice.  Employees temporarily transferred under the provisions of this section may be reimbursed from the same fund or account and in the same manner and amount as they would have been, had the temporary transfer not been effected.  During the period of transfer, the employees transferred shall be under the exclusive jurisdiction of the county official who heads the office to which they have been temporarily transferred.

Added by Laws 1943, p. 78, § 40.  Amended by Laws 1947, p. 210, § 1.

§19-180.52.  Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.

§19-180.53.  Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.

§19-180.54.  Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.

§19-180.55.  Repealed by Laws 1949, p. 139, § 12.

§19-180.56.  Repealed by Laws 1949, p. 139, § 12.

§19-180.57.  Repealed by Laws 1949, p. 139, § 12.

§19-180.58.  Application and purpose of act - Legislative determination.

A.  Sections 180.58 through 180.68 of this title shall apply to all counties which do not approve an exemption of household goods of the heads of families and livestock employed in support of the family from ad valorem taxation pursuant to the provisions of Section 6 of Article X of the Oklahoma Constitution.

B.  The purpose of Sections 180.58 through 180.68 of this title is to codify and revise the laws of the state relating to the salaries and wages of county officers and their deputies and employees, and to establish said salaries and wages by general law applicable throughout the state under a uniform schedule fixing such salaries and wages and future increases and reductions thereof upon the following bases:

1.  The available revenues of the several counties out of which such salaries and wages may be paid;

2.  The amount of services required to be performed;

3.  The monetary value of such services in relation to that of nongovernmental services of similar nature in the areas wherein such services are performed; and

4.  The relative amounts of services required of the various county officers, their deputies and employees upon investigation and full consideration of the applicable facts.

C.  The Legislature has determined that the foregoing bases of such schedule gradations generally are cognate to the combination of the following factors:

1.  The net valuation of all tangible taxable property of the county (total taxable valuation less homestead exemption allowances except those additional homestead exemptions authorized and allowed pursuant to Section 2890 of Title 68 of the Oklahoma Statutes), hereinafter referred to as "service-ability"; and

2.  The population of the county, hereinafter referred to as the "service-load".

The application of said factors properly establishes a rational and relevant formula for uniformity of salaries and wages and of future increases and decreases thereof.

Added by Laws 1959, p. 96, § 1.  Amended by Laws 1993, c. 334, § 2, emerg. eff. June 9, 1993; Laws 1997, c. 119, § 1, eff. July 1, 1997.

§19180.59.  County assessor's certificate controlling as to valuations.

The net total tangible property valuation for ad valorem tax purposes in each county, or serviceability factor, shall be determined from the county assessor's certificate of such valuations as filed with the excise board of the county for purpose of computation of ad valorem tax levies of each year, and no subsequent amendments thereto to effect an increase in such valuations shall have any effect for such year whatsoever.

Added by Laws 1959, p. 96, § 2.

§19180.60.  Federal census controlling as to population.

The population of each county, or serviceload factor, shall be determined from the announced population of counties of Oklahoma based on the Federal Decennial Census.  No other census however authorized shall have any effect insofar as this act is concerned.

Added by Laws 1959, p. 96, § 3.

§19180.61.  Classification of officers.

For purposes of fixing salaries under this act, county officers shall be grouped in the following classifications:

1.  Enforcement officers or those charged with enforcing the laws relating to public peace and safety: the county sheriff, the county treasurer, the county clerk, the court clerk, the county assessor, and the members of the board of county commissioners; and

2.  Other elective county officers.

Added by Laws 1959, p. 96, § 4.  Amended by Laws 1968, c. 198, § 1, emerg. eff. April 19, 1968; Laws 1979, c. 221, § 9, emerg. eff. May 30, 1979; Laws 1993, c. 239, § 7, eff. July 1, 1993.

§19-180.62.  Basic salaries.

A.  The basic salaries of county officers upon which all salaries and future increases or decreases thereof shall be computed, shall be as follows:

1.  In every county having a net valuation of all tangible taxable property, as defined in Sections 180.58 and 180.59 of this title, of Forty Million Dollars ($40,000,000.00) or less, the basic salary of each of the county officers named in paragraph 1 of Section 180.61 of this title shall not be less than Nineteen Thousand Dollars ($19,000.00) per annum nor shall it exceed Thirty-nine Thousand Dollars ($39,000.00) per annum;

2.  In every county having a net valuation of all tangible taxable property, as defined in Sections 180.58 and 180.59 of this title, of more than Forty Million Dollars ($40,000,000.00) but not more than Eighty Million Dollars ($80,000,000.00), the basic salary of each of the county officers named in paragraph 1 of Section 180.61 of this title shall not be less than Twenty-two Thousand Five Hundred Dollars ($22,500.00) per annum nor shall it exceed Forty-two Thousand Five Hundred Dollars ($42,500.00) per annum;

3.  In every county having a net valuation of all tangible taxable property, as defined in Sections 180.58 and 180.59 of this title, of more than Eighty Million Dollars ($80,000,000.00) but not more than Three Hundred Million Dollars ($300,000,000.00), the basic salary of each of the county officers named in paragraph 1 of Section 180.61 of this title shall not be less than Twenty-four Thousand Five Hundred Dollars ($24,500.00) per annum nor shall it exceed Forty-four Thousand Five Hundred Dollars ($44,500.00) per annum;

4.  In every county having a net valuation of all tangible taxable property, as defined in Sections 180.58 and 180.59 of this title, of more than Three Hundred Million Dollars ($300,000,000.00) but not more than Six Hundred Million Dollars ($600,000,000.00), the basic salary of each of the county officers named in paragraph 1 of Section 180.61 of this title shall not be less than Twenty-two Thousand Five Hundred Dollars ($22,500.00) per annum nor shall it exceed Forty-two Thousand Five Hundred Dollars ($42,500.00) per annum; and

5.  In every county having a net valuation of all tangible taxable property, as defined in Sections 180.58 and 180.59 of this title, of more than Six Hundred Million Dollars ($600,000,000.00), the basic salary of each of the county officers named in paragraph 1 of Section 180.61 of this title shall not be less than Nineteen Thousand Dollars ($19,000.00) per annum nor shall it exceed Thirty-nine Thousand Dollars ($39,000.00) per annum.

B.  The board of county commissioners shall set the salaries for all elected county officials within the limits allowed by law.

C.  The annual salaries fixed by this act shall be paid either monthly or twice a month, by order of the board of county commissioners, for each month or fraction thereof the incumbent lawfully occupies and holds title to such office.

Added by Laws 1959, p. 96, § 5.  Amended by Laws 1968, c. 412, § 19, eff. Jan. 13, 1969; Laws 1969, c. 14, § 1, eff. Feb. 10, 1969; Laws 1974, c. 72, § 1, emerg. eff. April 19, 1974; Laws 1978, c. 234, § 1, eff. Jan. 8, 1979; Laws 1981, c. 257, § 1, eff. July 1, 1981; Laws 1982, c. 191, § 1, operative July 1, 1983; Laws 1989, c. 56, § 2, operative July 1, 1989; Laws 1993, c. 109, § 1, eff. July 1, 1993; Laws 1993, c. 239, § 8, eff. July 1, 1993; Laws 1998, c. 195, § 1, eff. Nov. 1, 1998; Laws 2000, c. 133, § 1, eff. Nov. 1, 2000.

§19180.63.  Increase to basic salary.

In every county in this state, the salary of all county officers named in paragraph 1 of Section 180.61 of this title may be increased from the applicable basic salary named in Section 180.62 of this title, for net valuation or serviceability, according to the following scale:

A. To the basic salary:

1. Add the product of One Hundred Dollars ($100.00) times each One Million Dollars ($1,000,000.00) net valuation, or major fraction thereof until a net valuation of Seventyfive Million Dollars ($75,000,000.00) is reached;

2. Thereafter add the product of One Hundred Dollars ($100.00) times each additional Five Million Dollars ($5,000,000.00) net valuation, or major fraction thereof until a net valuation of Five Hundred Million Dollars ($500,000,000.00) is reached;

3. Thereafter add the product of One Hundred Twentyfive Dollars ($125.00) times each additional Seven Million Dollars ($7,000,000.00) net valuation, or major fraction thereof until a net valuation of Two Billion Dollars ($2,000,000,000.00) is reached;

4. Thereafter as to all additional net valuation add the product of One Hundred Twentyfive Dollars ($125.00) times each additional Twenty Million Dollars ($20,000,000.00) net valuation, or major fraction thereof.

B.  And also the salary of each county officer shall be additionally increased from the basic salary named in Section 180.62 of this title, and the additions thereto heretofore provided in this section, for population or service load according to the following scale:

1. The product of Twelve Dollars and fifty cents ($12.50) times each one thousand (1,000) population, or major fraction thereof until a population of seventyfive thousand (75,000) is reached; thereafter

2. The product of Twelve Dollars and fifty cents ($12.50) times each additional five thousand (5,000) population, or major fraction thereof until a population of one hundred fifty thousand (150,000) is reached; thereafter add

3. The product of Twelve Dollars and fifty cents ($12.50) times each additional ten thousand (10,000) population, or major fraction thereof.

C.  This section shall not reduce the present salary of any county officer in Oklahoma during their present term of office.

Added by Laws 1959, p. 97, § 6.  Amended by Laws 1961, p. 212, § 1, emerg. eff. April 10, 1961; Laws 1963, c. 66, § 1, emerg. eff. May 14, 1963; Laws 1967, c. 352, § 1, emerg. eff. May 18, 1967; Laws 1968, c. 138, § 9; Laws 1968, c. 412, § 16; Laws 1969, c. 14, § 1, eff. Feb. 10, 1969; Laws 1972, c. 115, § 1, emerg. eff. March 31, 1972; Laws 1974, c. 72, § 2, emerg. eff. April 19, 1974; Laws 1977, c. 239, § 1, eff. July 1, 1977; Laws 1978, c. 234, § 2, eff. Jan. 8, 1979; Laws 1981, c. 257, § 2, eff. July 1, 1981; Laws 1982, c. 191, § 2, operative July 1, 1983; Laws 1985, c. 293, § 2, emerg. eff. July 23, 1985; Laws 1989, c. 324, § 1, eff. July 1, 1989; Laws 1993, c. 239, § 9, eff. July 1, 1993.

§19-180.63a.  Repealed by Laws 1969, c. 14, § 1, eff. Feb. 10, 1969.

§19-180.63b.  Repealed by Laws 1969, c. 14, § 1, eff. Feb. 10, 1969.

§19180.63d.  Withholding of salary increase.

The salary increase authorized by this measure shall be withheld in those counties in which the composite ad valorem assessment ratio for the county is less than nine percent (9%) of the property value as certified by the Board of Equalization at any time during the calendar year 1979, or any year thereafter.

Added by Laws 1978, c. 234, § 3, eff. Jan. 8, 1979.

§19180.63e.  Certain increases or decreases in salaries of county officers prohibited.

County officers shall not receive any salary increase or decrease during their term of office unless by operation of law enacted prior to their election or appointment.

Added by Laws 1985, c. 293, § 3, emerg. eff. July 23, 1985.  Amended by Laws 1987, c. 209, § 3, eff. July 1, 1987.

§19-180.64.  Repealed by Laws 1968, c. 412, § 20, eff. May 17, 1968.

§19-180.64A.  Minimum salary for county officials.

A.  In every county having a net valuation of all tangible taxable property as defined in Sections 180.58 and 180.59 of this title, of Ten Million Dollars ($10,000,000.00) or less, the minimum salary of the sheriff and for all other officers named in paragraph 1 of Section 180.61 of this title shall be the basic salary set forth in Section 180.62 of this title.

B.  In every county having a net valuation of all tangible taxable property as defined in Sections 180.58 and 180.59 of this title, of more than Ten Million Dollars ($10,000,000.00), the minimum salary for the sheriff and the minimum salary for all other officers named in paragraph 1 of Section 180.61 of this title shall be the basic salary set forth in Section 180.62 of this title.

Added by Laws 1965, c. 451, § 1.  Amended by Laws 1969, c. 54, § 1, emerg. eff. March 5, 1969; Laws 1972, c. 128, § 1, emerg. eff. April 7, 1972; Laws 1974, c. 72, § 3, emerg. eff. April 19, 1974; Laws 1977, c. 239, § 2, eff. July 1, 1977; Laws 1978, c. 234, § 4, eff. Jan. 8, 1979; Laws 1981, c. 257, § 3, eff. July 1, 1981; Laws 1982, c. 191, § 3, operative July 1, 1983; Laws 1989, c. 56, § 3, operative July 1, 1989; Laws 1993, c. 239, § 10, eff. July 1, 1993; Laws 1998, c. 195, § 2, eff. Nov. 1, 1998.

§19180.64B.  Appropriations and payments.

The above salaries shall be paid from annual appropriations made from the general fund of the county for such purpose, and it is hereby made the mandatory duty of the county commissioners and the excise board that such funds be appropriated and paid.

Added by Laws 1965, c. 451, § 2, eff. July 1, 1965.

§19180.64C.  Restrictions.

The provisions of Section 1 shall be subject to the restrictions set forth in 19 O.S. 1961, Section 180.67(b).

Added by Laws 1965, c. 451, § 3, eff. July 1, 1965.

§19-180.64D.  Repealed by Laws 1976, c. 208, § 11, operative July 1, 1976.

§19-180.64E.  Repealed by Laws 1976, c. 208, § 11, operative July 1, 1976.

§19180.64F.  Definition of "a major fraction thereof".

As used in Sections 180.63 and 180.64A of Title 19 of the Oklahoma Statutes, "a major fraction thereof" means any amount greater than onehalf (1/2).

Added by Laws 1978, c. 234, § 5, eff. Jan. 8, 1979.

§19-180.65.  Deputies and other help.

A.  The officers named in paragraph 1 of Section 180.61 of this title shall have such number of regular or technical deputies, assistants, investigators, evidence persons, aides, stenographers or reporters, technicians, undersheriffs, jailers, matrons, handwriting and fingerprint experts, probation officers, juvenile officers, bailiffs, or other help, whatever title the principal officer may ascribe to the duties or functions to be performed as authorized by law and clearly related to the proper accomplishment of lawful functions, whether on whole or parttime basis, at such rates of salary or pay, subject to the provisions of this section as hereinafter set forth, as the principal officer may propose and establish the need of and which the county excise board may approve, for the adequate accomplishment of the functions of the office and the performance of the duties imposed thereon by law, with due weight being given to employment on whole or parttime basis.  However, no such employments shall exceed the amount of lawful funds appropriated for such purpose.

B.  Each principal officer named in paragraph 1 of Section 180.61 of this title, except judges, shall designate of record in the office of the county clerk a first or chief deputy or assistant who shall be chargeable with all the duties of such principal officer, while subject to the direction of the same.  The first or chief deputy or assistant shall carry on the duties of the office during the absence of the principal officer or, in the event of the death, removal or resignation of said principal officer, until a successor shall have qualified.  During periods of vacancy of the principal office, resulting from the death, removal or resignation of the principal officer, the chief deputy or assistant shall be bonded in the same manner and in the same sum as required for the principal officer.

C.  No deputy shall receive a salary in excess of the principal officer.  The salaries set forth in this subsection within the limitations shall be such amounts as the principal officer may propose and establish the need for and which the county excise board may approve within salary and staffing requirements as may be prescribed by law.  The numerical rank of any deputy or assistant to be effective must be by designation of the principal officer by the signature of the principal officer and filed with the county clerk.  The numerical rank of any deputy or assistant shall be within the sole discretion of the principal officer.

D.  The board of county commissioners shall continue to have the authority to recommend the total amount of funds that can be used for the combined salaries in each of the county offices covered by this act.  However, the approval of the funding for such offices shall continue to be the responsibility of the county excise board.  County officers shall have no authority to make salary commitments beyond the amount of the funding so provided.

E.  The county excise board shall meet with each of the principal officers of the county in budget planning conference or conferences, before July 1 of each year, to discuss personnel needs for each office for the succeeding fiscal year.  The excise board shall provide the principal officers a tentative estimate of anticipated revenues for the next fiscal year prior to the budget planning conferences.

Added by Laws 1959, p. 98, § 8.  Amended by Laws 1961, p. 214, § 1; Laws 1961, p. 215, § 1; Laws 1976, c. 292, § 2, emerg. eff. June 17, 1976; Laws 1977, c. 7, § 1, emerg. eff. Feb. 25, 1977; Laws 1979, c. 26, § 1, emerg. eff. April 3, 1979; Laws 1981, c. 72, § 3; Laws 1993, c. 239, § 11, eff. July 1, 1993; Laws 1997, c. 283, § 2, emerg. eff. May 27, 1997; Laws 1998, c. 195, § 3, eff. Nov. 1, 1998; Laws 2005, c. 117, § 1, eff. July 1, 2005.

§19-180.66.  Repealed by Laws 1969, c. 14, § 1, eff. Feb. 10, 1969.

§19-180.67.  Act to be comprehensive salary code.

It is hereby declared to be the intent of the Legislature that this act shall be the comprehensive salary code for all counties of the state and no county officer in paragraph 1 of Section 180.61 of this title, or their assistants, deputies, or other employees by whatever title designated, shall receive any salary or wages except as provided in this act.

Added by Laws 1959, p. 99, § 10.  Amended by Laws 1993, c. 239, § 12, eff. July 1, 1993; Laws 1998, c. 195, § 4, eff. Nov. 1, 1998.

§19180.68.  Date changes in salaries and rates of pay to take effect.

The date on which changes in the salaries and rates of pay for county officers and their deputies, aides and assistants under this act due to changes in population or valuation in any county shall take effect, shall be as of, on and after the first day of July of each fiscal year based upon the population as shown by the latest Federal Decennial Census for the State of Oklahoma, and the total net assessed valuations of tangible properties for such year as shown by the official certificate which the county assessor files with the county excise board for the purpose of computing appropriations and levies for such year.

Added by Laws 1959, p. 100, § 11.  Amended by Laws 1994, c. 6, § 1, eff. Sept. 1, 1994.

§19-180.69.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-180.70.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-180.71.  Purpose and application of act - Bases of uniform schedule.

A.  Sections 180.71 through 180.83 of this title shall apply to all counties which approve an exemption of household goods of the heads of families and livestock employed in support of the family from ad valorem taxation pursuant to the provisions of Section 6 of Article X of the Oklahoma Constitution.

B.  The purpose of Sections 180.71 through 180.83 of this title is to codify and revise the laws of the state relating to the salaries and wages of county officers and their deputies and employees, and to establish said salaries and wages by general law applicable throughout the state under a uniform schedule fixing such salaries and wages and future increases and reductions thereof upon the following bases:

1.  The available revenues of the several counties out of which such salaries and wages may be paid;

2.  The amount of services required to be performed;

3.  The monetary value of such services in relation to that of nongovernmental services of similar nature in the areas wherein such services are performed; and

4.  The relative amounts of services required of the various county officers, their deputies and employees upon investigation and full consideration of the applicable facts.

C.  The Legislature has determined that the foregoing bases of such schedule gradations generally are cognate to the combination of the following factors:

1.  The total amount of revenue authorized to be collected from the millage rate levied against the taxable valuation of property within the county, including such revenue which would have otherwise been authorized to be collected if the provisions of Section 2890 of Title 68 of the Oklahoma Statutes had not been enacted, which is apportioned for county purposes pursuant to subsection (a) of Section 9 of Article X of the Oklahoma Constitution, hereinafter referred to as "service-ability"; and

2.  The population of the county, hereinafter referred to as the "service-load".

The application of said factors properly establishes a rational and relevant formula for uniformity of salaries and wages and of future increases and decreases thereof.

Added by Laws 1993, c. 334, § 3, emerg. eff. June 9, 1993.  Amended by Laws 1997, c. 119, § 2, eff. July 1, 1997.

§19-180.72.  Determination of service-load factor.

The population of each county, or serviceload factor, shall be determined from the announced population of counties of Oklahoma based on the Federal Decennial Census.  No other census however authorized shall have any effect insofar as this act is concerned.

Added by Laws 1993, c. 334, § 4, emerg. eff. June 9, 1993.

§19-180.73.  Classification of officers.

For purposes of fixing salaries under this act, county officers shall be grouped in the following classifications:

1.  Enforcement officers or those charged with enforcing the laws relating to public peace and safety: the county sheriff, the county treasurer, the county clerk, the court clerk, the county assessor, and the members of the board of county commissioners; and

2.  Other elective county officers.

Added by Laws 1993, c. 334, § 5, emerg. eff. June 9, 1993.

§19-180.74.  Basic salaries.

A.  The basic salaries of county officers upon which all salaries and future increases or decreases thereof shall be computed, shall be as follows:

1.  In every county having a service-ability factor, as defined in Section 180.71 of this title, of Four Hundred Thousand Dollars ($400,000.00) or less, the basic salary of each of the county officers named in Section 180.73 of this title shall not be less than Nineteen Thousand Dollars ($19,000.00) per annum nor shall it exceed Thirty-nine Thousand Dollars ($39,000.00) per annum;

2.  In every county having a service-ability factor, as defined in Section 180.71 of this title, of more than Four Hundred Thousand Dollars ($400,000.00) but not more than Eight Hundred Thousand Dollars ($800,000.00), the basic salary of each of the county officers named in Section 180.73 of this title shall not be less than Twenty-two Thousand Five Hundred Dollars ($22,500.00) per annum nor shall it exceed Forty-two Thousand Five Hundred Dollars ($42,500.00) per annum;

3.  In every county having a service-ability factor, as defined in Section 180.71 of this title, of more than Eight Hundred Thousand Dollars ($800,000.00) but not more than Three Million Dollars ($3,000,000.00), the basic salary of each of the county officers named in Section 180.73 of this title shall not be less than Twenty-four Thousand Five Hundred Dollars ($24,500.00) per annum nor shall it exceed Forty-four Thousand Five Hundred Dollars ($44,500.00) per annum;

4.  In every county having a service-ability factor, as defined in Section 180.71 of this title, of more than Three Million Dollars ($3,000,000.00) but not more than Ten Million Dollars ($10,000,000.00), the basic salary of each of the county officers named in Section 180.73 of this title shall not be less than Twenty-two Thousand Five Hundred Dollars ($22,500.00) per annum nor shall it exceed Forty-two Thousand Five Hundred Dollars ($42,500.00) per annum; and

5.  In every county having a service-ability factor, as defined in Section 180.71 of this title, of more than Ten Million Dollars ($10,000,000.00), the basic salary of each of the county officers named in Section 180.73 of this title shall not be less than Nineteen Thousand Dollars ($19,000.00) per annum nor shall it exceed Thirty-nine Thousand Dollars ($39,000.00) per annum.

B.  The board of county commissioners shall set the salaries for all elected county officials within the limits allowed by law.

C.  The annual salaries fixed by Section 180.71 of this title shall be paid either monthly or twice a month, by order of the board of county commissioners, for each month or fraction thereof the incumbent lawfully occupies and holds title to such office.

Added by Laws 1993, c. 334, § 6, emerg. eff. June 9, 1993.  Amended by Laws 1998, c. 187, § 1, emerg. eff. April 29, 1998; Laws 1998, c. 258, § 3, eff. Nov. 1, 1998; Laws 2000, c. 133, § 2, eff. Nov. 1, 2000.

NOTE:  Laws 1998, c. 195, § 5 repealed by Laws 1998, c. 258, § 4, eff. Nov. 1, 1998.

§19-180.75.  Increase of basic salary.

A.  In every county in this state which approves an exemption of household goods of the heads of families and livestock employed in support of the family from ad valorem taxation pursuant to the provisions of Section 6 of Article X of the Oklahoma Constitution, the salary of all county officers named in paragraph 1 of Section 5 of this act may be increased from the applicable basic salary named in Section 6 of this act, for the factor of service-ability, as defined in Section 3 of this act, according to the following scale:

1.  To the basic salary:

a. add the product of One Hundred Dollars ($100.00) times each Ten Thousand Dollars ($10,000.00) of revenue authorized to be collected for county purposes, or major fraction thereof until the amount of such revenue equals Seven Hundred Fifty Thousand Dollars ($750,000.00),

b. thereafter add the product of One Hundred Dollars ($100.00) times each additional Fifty Thousand Dollars ($50,000.00) of revenue authorized to be collected for county purposes, or major fraction thereof until the amount of such revenue equals Five Million Dollars ($5,000,000.00),

c. thereafter add the product of One Hundred Twentyfive Dollars ($125.00) times each additional Seventy Thousand Dollars ($70,000.00) of revenue authorized to be collected for county purposes, or major fraction thereof until the amount of such revenue equals Twenty Million Dollars ($20,000,000.00),

d. thereafter as to all additional revenue which is authorized to be collected for county purposes add the product of One Hundred Twentyfive Dollars ($125.00) times each additional Two Hundred Thousand Dollars ($200,000.00) of such revenue, or major fraction thereof; and

2.  The salary of each county officer shall be additionally increased from the basic salary named in Section 6 of this act, and the additions to the basic salary as provided in this section, for population or service load according to the following scale:

a. the product of Twelve Dollars and fifty cents ($12.50) times each one thousand (1,000) population, or major fraction thereof until a population of seventyfive thousand (75,000) is reached,

b. thereafter the product of Twelve Dollars and fifty cents ($12.50) times each additional five thousand (5,000) population, or major fraction thereof until a population of one hundred fifty thousand (150,000) is reached,

c. thereafter add the product of Twelve Dollars and fifty cents ($12.50) times each additional ten thousand (10,000) population, or major fraction thereof.

B.  This section shall not reduce the present salary of any county officer in Oklahoma during their present term of office.

C.  As used in this section, "major fraction thereof" means any amount greater than one-half (1/2).

Added by Laws 1993, c. 334, § 7, emerg. eff. June 9, 1993.

§19-180.76.  Withholding of salary increase.

The salary increase authorized by Section 7 of this act shall be withheld in those counties in which the composite ad valorem assessment ratio for the county is less than nine percent (9%) of the property value as certified by the Board of Equalization at any time during the calendar year 1979, or any year thereafter.

Added by Laws 1993, c. 334, § 8, emerg. eff. June 9, 1993.

§19-180.77.  Salary increase or decrease for officers during term of office prohibited.

County officers shall not receive any salary increase or decrease during their term of office unless by operation of law enacted prior to their election or appointment.

Added by Laws 1993, c. 334, § 9, emerg. eff. June 9, 1993.

§19-180.78.  Minimum salaries.

A.  In every county having a service-ability factor, as defined in Section 180.71 of this title, of One Hundred Thousand Dollars ($100,000.00) or less, the minimum salary of the sheriff and for all other officers referred to in paragraph 1 of Section 180.73 of this title shall be the basic salary set forth in Section 180.74 of this title.

B.  In every county having a service-ability factor, as defined in Section 180.71 of this title, of more than One Hundred Thousand Dollars ($100,000.00), the minimum salary for the sheriff and the minimum salary for all other officers referred to in paragraph 1 of Section 180.73 of this title shall be the basic salary set forth in Section 180.74 of this title.

Added by Laws 1993, c. 334, § 10, emerg. eff. June 9, 1993.  Amended by Laws 1998, c. 195, § 6, eff. Nov. 1, 1998.

§19-180.79.  Duty to appropriate funds.

The salaries established by this act shall be paid from annual appropriations made from the general fund of the county for such purpose, and it is hereby made the mandatory duty of the county commissioners and the excise board that such funds be appropriated and paid.

Added by Laws 1993, c. 334, § 11, emerg. eff. June 9, 1993.

§19-180.80.  Minimum salaries subject to restrictions on appropriations.

The provisions of Section 10 of this act shall be subject to the restrictions set forth in Section 14 of this act.

Added by Laws 1993, c. 334, § 12, emerg. eff. June 9, 1993.

§19-180.81.  Deputies and other help.

A.  The officers named in paragraph 1 of Section 180.73 of this title shall have such number of regular or technical deputies, assistants, investigators, evidence persons, aides, stenographers or reporters, technicians, undersheriffs, jailers, matrons, handwriting and fingerprint experts, probation officers, juvenile officers, bailiffs, or other help, whatever title the principal officer may ascribe to the duties or functions to be performed as authorized by law and clearly related to the proper accomplishment of lawful functions, whether on whole or parttime basis, at such rates of salary or pay, subject to the provisions of this section as hereinafter set forth, as the principal officer may propose and establish the need of and which the county excise board may approve, for the adequate accomplishment of the functions of the office and the performance of the duties imposed thereon by law, with due weight being given to employment on whole or parttime basis.  However, no such employments shall exceed the amount of lawful funds appropriated for such purpose.

B.  Each principal officer named in paragraph 1 of Section 180.73 of this title, except judges, shall designate of record in the office of the county clerk a first or chief deputy or assistant who shall be chargeable with all the duties of such principal officer, while subject to the direction of the same.  The first or chief deputy or assistant shall carry on the duties of the office during the absence of the principal officer or, in the event of the death, removal or resignation of said principal officer, until a successor shall have qualified.  During periods of vacancy of the principal office, resulting from the death, removal or resignation of the principal officer, the chief deputy or assistant shall be bonded in the same manner and in the same sum as required for the principal officer.

C.  No deputy shall receive a salary in excess of the principal officer.  The salaries set forth in this subsection within the limitations shall be such amounts as the principal officer may propose and establish the need for and which the county excise board may approve within salary and staffing requirements as may be prescribed by law.  The numerical rank of any deputy or assistant to be effective must be by designation of the principal officer by the signature of the principal officer and filed with the county clerk.  The numerical rank of any deputy or assistant shall be within the sole discretion of the principal officer.

D.  The board of county commissioners shall continue to have the authority to recommend the total amount of funds that can be used for the combined salaries in each of the county offices covered by this act.  However, the approval of the funding for such offices shall continue to be the responsibility of the county excise board.  County officers shall have no authority to make salary commitments beyond the amount of the funding so provided.

E.  The county excise board shall meet with each of the principal officers of the county in budget planning conference or conferences, before July 1 of each year, to discuss personnel needs for each office for the succeeding fiscal year.  The excise board shall provide the principal officers a tentative estimate of anticipated revenues for the next fiscal year prior to the budget planning conferences.

Added by Laws 1993, c. 334, § 13, emerg. eff. June 9, 1993.  Amended by Laws 1998, c. 195, § 7, eff. Nov. 1, 1998; Laws 2005, c. 117, § 2, eff. July 1, 2005.

§19-180.82.  Act to be comprehensive salary code.

It is hereby declared to be the intent of the Legislature that this act shall be the comprehensive salary code for all counties of the state which have approved an exemption of household goods of the heads of families and livestock employed in support of the family pursuant to the provisions of Section 6 of Article X of the Oklahoma Constitution, and no county officer in paragraph 1 of Section 180.73 of this title, or their assistants, deputies, or other employees by whatever title designated, shall receive any salary or wages except as provided in this act.

Added by Laws 1993, c. 334, § 14, emerg. eff. June 9, 1993.  Amended by Laws 1998, c. 195, § 8, eff. Nov. 1, 1998.

§19-180.83.  Date changes in salaries and rates of pay to take effect.

The date on which changes in the salaries and rates of pay for county officers and their deputies, aides and assistants under this act due to changes in population or the amount of revenue authorized to be collected for county purposes in any county shall take effect, shall be as of, on and after the first day of July of each fiscal year based upon the population as shown by the latest Federal Decennial Census for the State of Oklahoma, and the total amount of revenue authorized to be collected from the millage rate levied against the taxable valuation of property within the county which is apportioned for county purposes pursuant to subsection (a) of Section 9 of Article X of the Oklahoma Constitution for such year.

Added by Laws 1993, c. 334, § 15, emerg. eff. June 9, 1993.  Amended by Laws 1994, c. 6, § 2, eff. Sept. 1, 1994.

§19-180.84.  Longevity pay program.

The board of county commissioners of each of the counties in this state may be authorized to establish a longevity pay program for employees of the county.  The longevity pay program may be consistent with the longevity pay program for state employees authorized pursuant to Section 840-2.18 of Title 74 of the Oklahoma Statutes.  The longevity pay program shall not include any elected county officers.

Added by Laws 2004, c. 99, § 1, eff. Nov. 1, 2004.

§19-180.90.  National disaster leave.

A.  The board of county commissioners may grant leave with pay not to exceed fifteen (15) working days to a county employee who is affected by a presidentially declared national disaster in Oklahoma after May 1, 1999, if:

1.  The employee suffered a physical injury as a result of the disaster;

2.  A relative or household member of the employee suffered a physical injury or died as a result of the disaster; or

3.  The domicile of the employee or the domicile of a relative of the employee was damaged or destroyed as a result of the disaster.

B.  As used in this section:

1.  "Relative of the employee" shall be limited to the spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee; and

2.  "Household members" means those persons who reside in the same home, who have reciprocal duties to and do provide financial support for one another.  This term shall include foster children and legal wards even if they do not live in the household.  The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

C.  The authority to grant leave with pay pursuant to subsection A of this section shall extend for a period of not more than six (6) months after the date of a presidentially declared national disaster.

D.  Annual leave, sick leave, or compensatory time which was charged to a county employee as a result of the presidentially declared national disaster resulting from the May 3, 1999, tornadoes that would have otherwise been eligible for the leave provision in subsection A of this section, may be reinstated by the board of county commissioners.  A county employee entitled to leave with pay pursuant to this section who was charged leave without pay shall be compensated at the base rate of pay of the employee.

E.  The board of county commissioners may amend an existing leave sharing program or establish a leave sharing program to allow county employees to share sick or annual leave with county employees who are eligible for leave pursuant to subsection A of this section.  The disaster-related leave sharing plan shall be subject to the following conditions:

1.  An employee eligible for disaster-related leave may receive up to fifteen (15) days donated leave;

2.  The donated leave must be used for disaster-related injuries or matters;

3.  The eligible employee shall not be required to take or exhaust any of the employee's regular sick, personal, or emergency leave in order to receive donated leave;

4.  Donated leave may be used to reinstate regular emergency, sick, or personal leave an employee used after May 1, 1999, for disaster-related injuries or matters;

5.  An eligible employee who was required to take leave without pay for disaster-related injuries or matters may be compensated for up to fifteen (15) days if leave is donated to cover the leave without pay; and

6.  The county may require documentation to support a request to use donated leave pursuant to this section.

Added by Laws 1999, c. 306, § 5, eff. July 1, 1999.

§19-181.  Repealed by Laws 1965, c. 256, § 22.

§19-182.  Repealed by Laws 1965, c. 256, § 22.

§19-183.  Repealed by Laws 1965, c. 256, § 22.

§19-184.  Repealed by Laws 1941, p. 59, § 5.

§19-185.  Repealed by Laws 1965, c. 256, § 22.

§19-185a.  Repealed by Laws 1959, p. 101, § 2.

§19-185b.  Repealed by Laws 1965, c. 256, § 22.

§19-186.  Repealed by Laws 1965, c. 256, § 22.

§19-187.  Repealed by Laws 1965, c. 256, § 22.

§19-188.  Repealed by Laws 1965, c. 256, § 22.

§19-189.  Repealed by Laws 1965, c. 256, § 22.

§19-190.  Repealed by Laws 1965, c. 256, § 22.

§19-191.  Repealed by Laws 1965, c. 256, § 22.

§19-201.  Repealed by Laws 1943, p. 78, § 43.

§19-202.  Repealed by Laws 1965, c. 256, § 22.

§19-203.  Repealed by Laws 1965, c. 256, § 22.

§19-204.  Repealed by Laws 1965, c. 256, § 22.

§19-205.  Repealed by Laws 1965, c. 256, § 22.

§19-206.  Repealed by Laws 1965, c. 256, § 22.

§19-207.  Repealed by Laws 1965, c. 256, § 22.

§19211.  Suits brought by Commissioners of Land Office.

It shall be the duty of each district attorney in the State of Oklahoma, under the direction of the Commissioners of the Land Office, when requested by such Commission, to represent the state in all actions and proceedings now or hereafter brought or authorized or directed to be brought in his county by the Commissioners of the Land Office.

Added by Laws 1931, p. 83, § 1.

§19212.  Land Office suits  Duties  Instructions of Commissioners.

The district attorney in performing the duties required of him by Section 1, of this act, shall follow the instructions of the Commissioners of the Land Office and shall furnish said Commission with copies of all process issued in such action and proceedings, and the return of service thereof.  He shall also furnish reports to said Commissioners, covering the different steps taken in such actions and proceedings and keep them advised as to the status thereof.

Added by Laws 1931, p. 84, § 2.

§19213.  Land Office suits  Failure of district attorney.

The neglect or failure on the part of a district attorney to diligently and faithfully perform the duties required of him by this act, will be grounds for removal from office in an action brought by the Attorney General by direction of the Governor upon resolution of the Commissioners of the Land Office, unless said district attorney was disqualified from appearing in said matter or matters.

Added by Laws 1931, p. 84, § 3.

§19215.1.  Office created  Method of filling  Number.

There is hereby created the office of district attorney in the State of Oklahoma, which office shall be filled and in the same manner as now prevails for district judge.  Filing for said office shall be accomplished by filing with the State Election Board.  There shall be one district attorney for each of the district court judicial districts as they are composed and exist on March 1, 1965, with the following exceptions.  Provided, however, that that part of Judicial District No. (14) which is Pawnee County shall be consolidated with Osage County to form District Attorney's District No. (10) and Judicial District No. (25) shall be consolidated with Judicial District No. (19) for the purposes of this act; and, provided further, that District Court Judicial District No. (5) be divided into two district attorney districts, one composed of Caddo, Grady, Stephens and Jefferson Counties to be denominated District Attorney's District No. (6) and the other composed of Comanche and Cotton Counties, to be denominated District Attorney's District No. (5); and, that District Court Judicial District No. (4) shall be composed of Canadian, Kingfisher, Blaine, Garfield and Grant Counties to be denominated District Attorney's District No. (4) and the other composed of Alfalfa, Major, Dewey, Woodward and Woods Counties, to be denominated District Attorney's District No. (26); that District Court Judicial District No. (15) be divided into two district attorneys' districts, one composed of Muskogee County to be denominated District Attorney's District No. (15) and the other composed of Wagoner, Cherokee, Sequoyah and Adair Counties to be denominated District Attorney's District No. (27); that Creek and Okfuskee Counties shall be denominated as District Attorney's District No. (24); Okmulgee and McIntosh Counties shall be denominated as District Attorney's District No. (25); and Pittsburg and Haskell Counties shall be denominated as District Attorney's District No. (18); and Latimer and LeFlore Counties shall be denominated as District Attorney's District No. (16); and District Attorney's District No. (7) shall consist of Oklahoma County; and, effective January 6, 2003, Kiowa, Jackson, Tillman, Harmon and Greer Counties shall be denominated as District Attorney's District No. (3); and, effective January 6, 2003, Washita, Ellis, Roger Mills, Custer and Beckham Counties shall be denominated as District Attorney's District No. (2).  The State Election Board shall conduct the elections in 2002 for District No. (2) and District No. (3) in accordance with the provisions of this section.

Added by Laws 1965, c. 256, § 1.  Amended by Laws 2001, c. 87, § 1, eff. Nov. 1, 2001.

§19215.2.  Qualifications.

A.  Prior to July 1, 1990, any person, otherwise qualified, who has been a resident of the state for two (2) years, the district three (3) months, a duly licensed attorney for two (2) years, and at least twentyfive (25) years of age, next preceding the date of filing for the office, shall be eligible to hold the office of district attorney.  The district attorney shall reside in the district from which he was elected during his term of office.  Provided that in counties having a population of four hundred fifty thousand (450,000) or more, the district attorney shall be at least twentyeight (28) years of age with at least five (5) years of experience in the practice of law.

B.  On or after July 1, 1990, any person, otherwise qualified, who has been a resident of the state for two (2) years, the district three (3) months, a duly licensed attorney for five (5) years, and at least twentyeight (28) years of age, prior to the date of filing for the office, shall be eligible to hold the office of district attorney.  The district attorney shall reside in the district from which he was elected during his term of office.

Added by Laws 1965, c. 256, § 2.  Amended by Laws 1967, c. 265, § 1, emerg. eff. May 8, 1967; Laws 1970, c. 320, § 1, emerg. eff. April 27, 1970; Laws 1974, c. 229, § 1, emerg. eff. May 15, 1974; Laws 1987, c. 224, § 2, eff. Nov. 1, 1987; Laws 1989, c. 348, § 4, eff. Nov. 1, 1989.

§19-215.3.  Bond.

Before entering upon the duties of their office, the district attorneys, the assistant district attorneys, and the district investigators shall each execute a bond payable to the State of Oklahoma with some surety company authorized to do business in this state, as surety, conditioned upon the faithful performance of their duties as such officers, and that they will pay over, in the manner provided by law, all money which comes into their hands by virtue of their office.  The bond executed by a district attorney shall be in the sum of Five Thousand Dollars ($5,000.00), and the bonds executed by an assistant district attorney or a district investigator shall each be in the sum of Two Thousand Dollars ($2,000.00).  The premium on said bonds shall be paid by the state.  The provisions of this section shall not apply to special assistant district attorneys appointed pursuant to subsection C of Section 215.37M of this title.

Added by Laws 1965, c. 256, § 3.  Amended by Laws 1967, c. 265, § 2, emerg. eff. May 8, 1967; Laws 1996, c. 24, § 1, emerg. eff. April 3, 1996.

§19-215.4.  Duties.

The district attorney, assistant district attorneys, or special assistant district attorneys authorized by subsection C of Section 215.37M of this title, shall appear in all trial courts and prosecute all actions for crime committed in the district, whether the venue is changed or not; the district attorney or assistant district attorneys shall prosecute or defend in all courts, state and federal, in any county in this state, all civil actions or proceedings in which any county in the district is interested, or a party unless representation for the county is provided pursuant to subsection A of Section 215.37M of this title; and the district attorney or assistant district attorneys shall assist the grand jury, if required, pursuant to Section 215.13 of this title.  The district attorney may at all times request the assistance of district attorneys, assistant district attorneys or district attorney investigators from other districts who then may appear and assist in the prosecution of actions for crime or assist in investigation of crime in like manner as assistants or investigators in the district.

Added by Laws 1965, c. 256, § 4.  Amended by Laws 1967, c. 265, § 3, emerg. eff. May 8, 1967; Laws 1988, c. 109, § 2, eff. Nov. 1, 1988; Laws 1989, c. 179, § 1, eff. Nov. 1, 1989; Laws 1992, c. 316, § 59, eff. July 1, 1992; Laws 1992, c. 327, § 9, eff. July 1, 1992; Laws 1996, c. 24, § 2, emerg. eff. April 3, 1996.

§19215.5.  Advice to county officers.

The district attorney or his assistants shall give opinion and advice to the board of county commissioners and other civil officers of his counties when requested by such officers and boards, upon all matters in which any of the counties of his district are interested, or relating to the duties of such boards or officers in which the state or counties may have an interest.

Added by Laws 1965, c. 256, § 5.

§19-215.6.  Repealed by Laws 1971, c. 345, § 6, emerg. eff. June 25, 1971.

§19215.7.  Private practice.

The district attorney shall not engage in the private practice of law but he is authorized to complete all civil cases, not in conflict with the interest of any of the counties of his district, in which he is counsel, pending in court before he takes office.

Added by Laws 1965, c. 256, § 7.

§19215.8.  Candidate for other office.

The district attorney shall be ineligible to be a candidate for any office which has a term any portion of which is the same as the term for which he was elected.

Added by Laws 1965, c. 256, § 8.  Amended by Laws 1974, c. 153, § 17107, operative Jan. 1, 1975.

§19215.9.  First assistant  Temporary appointments  Vacancies.

The district attorney shall designate one of the assistants in his district to be his first assistant district attorney and file such designation with the Secretary of State.  Should the district attorney be absent, unable to attend to his duties, or disqualified to act, the first assistant district attorney may perform the duties required by law to be performed by the district attorney.  In the event that the district attorney and all of his assistants are for any reason disqualified to act in a particular matter, the Attorney General of Oklahoma shall appoint a district attorney or assistant district attorney from another district to act in such matter.  Whenever the office of district attorney shall be vacated by reason of resignation or death of the district attorney, the Governor of the State of Oklahoma shall appoint a qualified person to serve the balance of the unexpired term of said office.

Added by Laws 1965, c. 256, § 9.  Amended by Laws 1967, c. 265, § 5, emerg. eff. May 8, 1967; Laws 1987, c. 224, § 3, eff. Nov. 1, 1987.

§19215.10.  Receipts for monies received.

It shall be the duty of the district attorney, whenever he shall receive any monies for fines, recognizances, penalties or costs, to deliver to the officer or person paying the same, duplicate receipts, one of which shall be filed by such officer or person in the office of the county treasurer of the county for which said business was transacted.

Added by Laws 1965, c. 256, § 10.

§19215.11.  Annual accounting  Payments to county treasurer.

Every district attorney shall on or before the first day of January in each year, file in the office of the county treasurer of each county in his district an account in writing, verified by his affidavit, to be filed with said account, of all monies received by him during the preceding year by virtue of his office in relation to said county, or any fines, recognizances, forfeitures, penalties or costs; and he shall specify in such accounts the name of each person from whom he may have received such monies, the particular amount paid by each person and the cause for which each payment was made.  But he shall pay over to the county treasurer of the county in which same is receivable all money he may receive as such district attorney within ten (10) days after he received it.

Added by Laws 1965, c. 256, § 11.

§19215.12.  Failure to account or pay over.

If the district attorney shall refuse or neglect to account for or pay over the monies received by him as required by the foregoing section, he shall be liable to a fine of not less than Fifty Dollars ($50.00), nor more than Two Hundred Dollars ($200.00); and it shall be the duty of the county treasurer, in his official name and capacity, to cause an action to be instituted upon the bond of such district attorney for the recovery of the monies so received and unpaid by him.

Added by Laws 1965, c. 256, § 12.

§19215.13.  Grand jury.

Whenever required by the grand jury, it shall be the duty of the district attorney of the district or his assistant or assistants, to attend them for the purpose of examining witnesses in their presence or of giving them advice in any legal matter, and to issue subpoenas and other process to enforce the attendance of witnesses, and to draw up bills or indictments when found by such grand jury.  The district attorney is authorized to issue subpoenas upon his own motion during the grand jury for the purpose of examining witnesses in the presence of the grand jury and the district attorney is further authorized to issue subpoenas upon his own motion for the purpose of examining witnesses before a grand jury that is to be called within ninety days from the issuance of said subpoenas.  If, for any reason, the district attorney and all of his assistants are disqualified to act in a particular matter being investigated by the grand jury, the Attorney General of Oklahoma shall appoint one or more Assistant Attorney(s) General or a district attorney or assistant district attorney from another district to act in such matter, as provided in Section 215.9 of this title.

Added by Laws 1965, c. 256, § 13.  Amended by Laws 1989, c. 179, § 2, eff. Nov. 1, 1989.

§19-215.14.  Repealed by Laws 1982, c. 340, § 24, eff. Jan. 1, 1983.

§19-215.15.  Repealed by Laws 1982, c. 340, § 24, eff. Jan. 1, 1983.

§19-215.15a.  Renumbered as § 215.33 of this title by Laws 1982, c. 340, § 25, emerg. eff. June 2, 1982.

§19215.16.  Powers and duties of district attorney.

The district attorney shall exercise and perform all the powers, duties and functions provided by law for the county attorney of each county, and shall appoint all of his assistants.  Wherever in the Statutes of Oklahoma, in existence at the effective date of this act, reference is made to the county attorney, the district attorney, acting personally or by his duly appointed assistant, shall perform all the powers, functions and duties and be subject to removal from office and to all the obligations and liabilities and shall stand in the stead of the county attorney under such statutes.

Added by Laws 1965, c. 256, § 16.

§19-215.17.  Repealed by Laws 1982, c. 340, § 24, eff. Jan. 1, 1983.

§19-215.18.  Repealed by Laws 1982, c. 340, § 24, eff. Jan. 1, 1983.

§19215.19.  Office of county attorney abolished.

The office of the county attorney in and for each county in Oklahoma is hereby abolished, to become effective when the district attorney, as provided for in this act, shall be elected and qualified.

Added by Laws 1965, c. 256, § 19.

§19215.20.  Election of district attorney  Tenure.

At the primaries and general elections held in 1966, and each four (4) years thereafter, there shall be nominated and elected in each and every district attorney's district in the State of Oklahoma, a district attorney, who shall hold office for a term of four (4) years, beginning on the first Monday of January following his election, and until his successor is elected and qualified.

Added by Laws 1965, c. 256, § 20.

§19-215.21.  Repealed by Laws 1974, c. 232, § 5, emerg. eff. May 16, 1974.

§19215.22.  Destruction of certain records  Reproduction of records.

A.  The district attorney is hereby authorized to destroy all or a portion of his office records and files relating to:

1.  Any felony case except where a homicide is involved, provided a period of ten (10) years shall have elapsed since the last action in said case and provided the district attorney in his discretion may microfilm or provide computer storage for such felony cases to be destroyed; and

2.  Any misdemeanor or traffic case; provided a period of five (5) years shall have elapsed since the last action in the said case, the district attorney in his discretion may microfilm or provide computer storage for such misdemeanor or traffic cases to be destroyed.

B.  The district attorney is authorized to reproduce a copy of such record, file or case stored on microfilm or in computer storage as provided in this section and such copy or computergenerated image or record may be used by the district attorney in lieu of the destroyed record, file or case, for all purposes.

Added by Laws 1970, c. 264, § 1, eff. Jan. 1, 1971.  Amended by Laws 1985, c. 293, § 1, emerg. eff. July 23, 1985; Laws 1988, c. 109, § 3, eff. Nov. 1, 1988.

§19215.23.  District attorney's payroll clerk  Assistant  Duties  Qualifications of assistant district attorneys  Tenure.

There are hereby created the positions of district attorneys' payroll clerk and assistant payroll clerk whose duties shall be to prepare and process payroll and other claims and do all other necessary acts connected with receiving funds from counties and disbursing such funds, together with any funds appropriated from state funds to the district attorneys for payroll, travel and other expenses.  Such payroll clerk and assistant payroll clerk shall work under the supervision of the District Attorneys Council which shall fix compensation for these positions.  The compensations paid for these positions shall be made from state funds appropriated to the District Attorney System.

Added by Laws 1970, c. 275, § 2, emerg. eff. April 22, 1970.  Amended by Laws 1974, c. 232, § 3, emerg. eff. May 16, 1974; Laws 1977, c. 40, § 2, eff. July 1, 1977; Laws 1988, c. 109, § 4, eff. Nov. 1, 1988.

§19-215.24.  Repealed by Laws 1982, c. 340, § 24, eff. Jan. 1, 1983.

§19215.25.  County officer or employee  Legal defense services.

A.  Except as otherwise provided in this section, in the event an action is brought against a county employee in any civil action or special proceeding in the courts of this state or of the United States by reason of any act done or omitted in good faith in the course of employment, it is the duty of the district attorney for that county, when requested in writing by the employee, to appear and defend the action or proceeding in his behalf.  Such written request shall be made within fifteen (15) days after service of summons on the employee and a copy of the request shall be transmitted by the employee to his immediate supervisor and the district attorney.

B.  The district attorney shall not represent a county employee if that employee did not perform a statutorily required duty and such duty is a basis of the civil action or special proceeding.

C.  The district attorney may intervene in any such action or proceeding and appear on behalf of any county within his district, or any of its officers or employees, where he deems the state to have an interest in the subject matter of the litigation.

D.  The district attorney shall determine the method of preparation and presentation of such defense.  The district attorney or other legal officer under his direction shall not be held civilly liable for the exercise of such discretion.

E.  The employee named in the action may employ private counsel at his own expense to assist in his defense.

F.  Any officer or employee who acts outside of the scope of his official authority shall be liable in damages in the same manner as any private citizen.

G.  The district attorney's duty to represent county officers and employees pursuant to this section shall be fulfilled if a contract for such representation is entered into pursuant to subsection B of Section 215.37M of this title.

H.  In any proceeding in which a county officer brings an action against another county officer, the district attorney shall not represent either county officer in the action.

Added by Laws 1976, c. 208, § 4, operative July 1, 1976.  Amended by Laws 1992, c. 316, § 60, eff. July 1, 1992; Laws 1992, c. 327, § 10, eff. July 1, 1992; Laws 2003, c. 474, § 1, eff. Nov. 1, 2003.

§19215.26.  Defense duties  Evidence.

A.  Before any such defense is undertaken, an inquiry shall be made by the district attorney of the facts on which the action or special proceedings are based.  Unless the district attorney determines that the employee was acting in good faith and in the course of his employment, representation shall not be provided pursuant to this act.

B.  It shall be the duty of any county law enforcement agency to provide investigators at the request of the district attorney to assist him in carrying out the provisions of this act.

C.  No findings or reports of the district attorney or persons making inquiry under his direction pursuant to the provisions of this section shall be admissible as evidence in any such action or special proceedings and no reference thereto shall be made in any such trial or hearing.

Added by Laws 1976, c. 208, § 5, operative July 1, 1976.

§19-215.27.  Repealed by Laws 1982, c. 340, § 24, eff. Jan. 1, 1983.

§19215.28.  District Attorneys Council.

A.  There is hereby created a special division of the office of Attorney General to be known as the District Attorneys Council which shall be organized and administered as herein provided.  Any reference in the Oklahoma Statutes to the District Attorneys Training Coordination Council shall mean the District Attorneys Council.

B.  The chief executive officer of the office of the Council is the Executive Coordinator who shall be appointed and supervised by the Council.  The Executive Coordinator shall serve at the pleasure of the Council.  The Executive Coordinator shall be licensed to practice law in Oklahoma and shall have been a district attorney or assistant district attorney or have held an equivalent position in state or federal government for at least three (3) years prior to his appointment.  The Executive Coordinator may appoint an Assistant Coordinator, both of whom shall be in the unclassified service of the state.  The Executive Coordinator and the Assistant Coordinator, who shall also be licensed to practice law in Oklahoma, shall devote full time to their duties and shall not engage in the private practice of law.  The Executive Coordinator shall perform the functions and duties as may be assigned to him by the Council.  The Executive Coordinator shall be named the project director and fiscal officer of any grant or fund received by the Council.  The Executive Coordinator and the Assistant Coordinator shall receive compensation for their services within the pay scale limits for district attorneys.

C.  1.  The Council shall be composed of the following members:

a. the Attorney General, or his designated representative;

b. the President of the Oklahoma District Attorneys Association;

c. the Presidentelect of the Oklahoma District Attorneys Association;

d. one district attorney selected by the Court of Criminal Appeals for a threeyear term; and

e. one district attorney selected by the Board of Governors of the Oklahoma Bar Association for a threeyear term.

2.  A member of the Council shall vacate his appointment upon termination of his official position as Attorney General or district attorney.  A vacancy shall be filled in the same manner as the original appointment.  A member appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member whom he is to succeed in the same manner as the original appointment.  Any member may serve more than one term.

D.  The Council shall designate from among its members a Chairman and Vice Chairman who shall serve for oneyear terms and who may be reelected.  Membership on the Council shall not constitute holding a public office.  The Council shall not have the right to exercise any portion of the sovereign power of the state.  A member of the Council shall not be disqualified from holding any public office or employment by reason of his appointment or membership on the Council, nor shall he forfeit the office or employment, by reason of his appointment hereunder.

E.  The Council shall meet at least four times in each year and shall hold special meetings when called by the Chairman, or, in the absence of the Chairman, by the Vice Chairman or when called by the Chairman upon the written request of two members of the Council.  The Council shall establish its own procedures and requirements with respect to quorum, place and conduct of its meetings and other matters.

F.  The members of the Council shall not receive a salary for duties performed as members of the Council but shall be entitled to be reimbursed for their travel expenses in accordance with the State Travel Reimbursement Act.

G.  The Council shall make an annual report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the President of the Oklahoma District Attorneys Association regarding its efforts to implement the purposes of this act.

H.  The Council shall have the power to perform such functions as in its opinion shall strengthen the criminal justice system in Oklahoma, to provide a professional organization for the education, training and coordination of technical efforts of all state prosecutors and to maintain and improve prosecutor efficiency and effectiveness in enforcing the laws of this state including, but not limited to, the following:

1.  Organize, supervise and perform functions consistent with this act;

2.  Convene regional or statewide conferences and training seminars for the purpose of implementing the provisions of this act;

3.  Accept and expend monies, gifts, grants or services from any public or private source; contract or enter into agreements with educational institutions or state or federal agencies; and employ personnel as the Council in its judgment finds necessary to effectively carry out the provisions of this act.  Such employees shall be in the unclassified service of the state;

4.  Serve in an advisory capacity to the district attorneys of the state;

5.  Provide and coordinate training and continuing legal education for district attorneys and their assistants, including participation in nationally recognized prosecutorial seminars conducted in other states;

6.  Gather and disseminate information to district attorneys relative to their official duties, including changes in the law relative to their office;

7.  Coordinate with law enforcement officers, the courts and corrections workers providing interdisciplinary seminars to augment the effectiveness of the criminal justice system;

8.  Require statistical reports from district attorneys' offices relating to functions and workload performance;

9.  Recommend additional legislation necessary to upgrade the Oklahoma District Attorneys System to professional status;

10.  Establish an equitable distribution plan for allocation of any funds or gifts received from public or private sources for state prosecution and distribute such funds in accordance with such plan; and

11.  Appoint a larger Advisory Council made up of district attorneys and assistant district attorneys to discuss problems and hear recommendations concerning necessary research, minimum standards, educational needs, and other matters imperative to upgrading Oklahoma prosecution to professional status.

I.  There is hereby created in the State Treasury a revolving fund for the Council, to be designated the "District Attorneys Council Revolving Fund".  The fund shall consist of all monies received by the Council other than appropriated funds.  The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Council.  Expenditures from this fund shall be made pursuant to the purposes of this act and without legislative appropriation.  Warrants for expenditures shall be drawn by the State Treasurer based on claims signed by the authorized employee or employees of the Council and approved for payment by the Director of State Finance.

J.  The Council may accept operation and supervision of the Law Enforcement Assistance Administration grants presently being administered by the Oklahoma District Attorneys Association.

Added by Laws 1976, c. 73, § 2, eff. July 1, 1976.  Amended by Laws 1977, c. 40, § 4, eff. July 1, 1977.  Renumbered from Title 70, § 3311.1 by Laws 1977, c. 40, § 5, eff. July 1, 1977.  Amended by Laws 1979, c. 47, § 6, emerg. eff. April 9, 1979; Laws 1980, c. 77, § 1, eff. Oct. 1, 1980; Laws 1982, c. 340, § 19, emerg. eff. June 2, 1982; Laws 1985, c. 178, § 13, operative July 1, 1985; Laws 1988, c. 109, § 5, eff. Nov. 1, 1988.

§19215.29.  District attorney may carry firearm for personal protection.

A district attorney may carry a firearm on his person to use only for personal protection if he has successfully completed an approved course of firearm training conducted by a state certified firearms instructor which meets the minimum requirements for firearms training as set forth by the Council on Law Enforcement Education and Training.

Added by Laws 1982, c. 291, § 1.

§19-215.30.  Salaries and expenses.

A.  Beginning January 1, 1997, each district attorney shall receive a salary of Seventy-one Thousand Six Hundred Sixty-three Dollars ($71,663.00) per year, payable monthly.  Beginning January 1, 1999, each district attorney shall receive a salary of Eighty-five Thousand Dollars ($85,000.00) per year, payable monthly.  Beginning July 1, 2003, each district attorney shall receive a salary equal to ninety-eight percent (98%) of the salary of a district judge.

B.  All appointees and employees of district attorneys, except special district attorneys appointed pursuant to subsection C of Section 215.37M of this title, shall be deemed to be state officers or employees for all purposes.  All special district attorneys appointed pursuant to subsection C of Section 215.37M of this title shall be deemed to be state officers only for purposes of the Governmental Tort Claims Act and Rule 1.11 of the Rules of Professional Conduct for attorneys licensed to practice law in this state.

C.  Population, for the purposes of Section 215 et seq. of this title, shall be as determined by the last Federal Decennial Census.  The salaries of the district attorneys and the salaries of the assistant district attorneys and their operating and maintenance expenses in each county shall be paid by the state.  Provided however:

1.  In counties having a population of four hundred thousand (400,000) or more, the salary of the district attorney and assistant district attorneys may be supplemented by the county.  Such supplement for the district attorney shall not exceed twenty-five percent (25%) of the salary provided for district attorneys by this section.  Such supplement for the assistant district attorneys shall not exceed twenty-five percent (25%) of the salary authorized for assistant district attorneys in Section 215.34 of this title.

2.  The salaries and operating expenses of those assistant district attorneys who are assigned to child support enforcement duties shall be paid by funds received as reimbursement from the Department of Human Services under terms of a contract with the office of the district attorney as authorized by Section 237.1 of Title 56 of the Oklahoma Statutes.

D.  The District Attorneys Council, which may hereinafter be referred to as the "Council", a special division of the Attorney General's Office, is hereby designated as the state agency for the administration and disbursement of all salaries and expenses of the offices of district attorneys authorized by law.  All such payrolls and claims against State Treasury funds must be approved by the Council prior to submission to the Office of State Finance for payment.  The Council and the Director of State Finance shall promulgate reasonable rules and regulations covering the preparation of estimates of needs, budgets and claims for the administration of this act, Section 215.1 et seq. of this title, the transmittal of county funds to the State Treasury and the disbursement of all state and county funds under this act.

Added by Laws 1982, c. 340, § 11, emerg. eff. June 2, 1982.  Amended by Laws 1985, c. 306, § 1, emerg. eff. July 24, 1985; Laws 1988, c. 109, § 6, eff. Nov. 1, 1988; Laws 1990, c. 264, § 28, operative July 1, 1990; Laws 1991, c. 58, § 1, emerg. eff. April 10, 1991; Laws 1994, c. 239, § 2; Laws 1996, c. 24, § 3, emerg. eff. April 3, 1996; Laws 1997, c. 384, § 9, eff. Jan. 1, 1999; Laws 2000, c. 261, § 1, eff. Nov. 1, 2000; Laws 2002, c. 389, § 1, emerg. eff. June 4, 2002.

§19215.31.  Retirement and pensions  Staff and other personnel salaries  Leave time payments.

A.  Officers and employees in counties with a retirement system who are presently enrolled in the county retirement system may remain in such county system in lieu of enrolling in the Oklahoma Public Employees Retirement System.  The state shall pay to the county retirement system the employer's contribution, not to exceed the amount which would be paid by the employer, if the employee was a member of the Oklahoma Public Employees Retirement System; however, effective July 1, 1981, all new employees of the district attorney's staff will belong to the Oklahoma Public Employees Retirement System, as required by Section 902(16) of Title 74 of the Oklahoma Statutes.  All employees of the office of a district attorney shall serve at the pleasure of the district attorney.

Employees who did not elect to remain in the county retirement system by July 1, 1981, shall be enrolled in the Oklahoma Public Employees Retirement System and said employees must cease participation in said county retirement system.  These employees shall further elect to have their county service transferred to the Oklahoma Public Employees Retirement System or withdraw their contributions from the county retirement system.  This election to waive transfer of the county service shall be final.  For those employees who elected to transfer their county service, the county retirement system shall transfer to the Oklahoma Public Employees Retirement System all funds contributed by the individual members and all funds contributed by the county for such members no later than September 30, 1981, and the county retirement system shall provide the Oklahoma Public Employees Retirement System a certified statement of service accrued on a fiscal year basis.  Certification shall include annual salaries, individual contributions and county contributions for each transferred member.

B.  Effective January 1, 1983, the entire salaries of all investigators, support staff or other employees of the offices of district attorneys and their operating and maintenance expenses shall be paid by the state; provided however, the salaries and operating expenses of those employees of the office of the district attorney who are assigned child support enforcement duties shall be paid with funds received as reimbursement from the Department of Human Services under terms of a contract with the office of the district attorney as authorized by Section 237.1 of Title 56 of the Oklahoma Statutes.  The term "support staff" shall include all secretaries, clerks, receptionists, paralegals, legal assistants, law clerks, victimwitness coordinators and other office management personnel of the offices of district attorneys.

C.  Effective January 1, 1983, the state will assume liability for payment to any officer or employee of the various district attorney offices for any earned and unused leave time accruing from and after January 1, 1983, and the state will also assume liability for payment of leave time to which such officers or employees shall be entitled which accrued prior to January 1, 1983, up to a maximum limit of fifteen (15) days prior leave time credit for each such officer or employee.  The various respective counties shall remain liable for and shall pay to any such officer or employee entitled to such leave time payment any amount representing unused leave time credit in excess of the fifteen (15) days assumed by the state, to which such officer or employee shall be entitled, and which accrues or has accrued prior to January 1, 1983.  At the written option of each individual officer or employee concerned, the portion of leave time credit accrued as of January 1, 1983, for which the counties are liable for payment, shall either be paid in a lump sum to said officer or employee, or be paid to the State Treasurer to be carried forward to the credit of such officer or employee, to be later paid upon termination of employment with the state, or when it should otherwise be lawfully paid.  Whether paid to the State Treasurer to be carried forward, or paid to the individual officer or employee, such payment shall be made by the county.  It shall be the duty of the district attorney to prepare and submit to each county concerned in his district an estimate of needs and budget request for appropriation of the amount needed to accomplish such payment, whether same is made to the individual officer or employee, or to the State Treasurer, and the respective county excise board shall approve, appropriate and levy for such budget item in the amount requested.  The portion of accrued leave time not exceeding fifteen (15) days which is assumed by the state shall be carried forward, to be used or paid thereafter as provided by law.

D.  The entitlement to accrued and unused leave time of each such officer and employee shall be determined as of January 1, 1983, by each district attorney for his own respective officers and employees.  On or before January 10, 1983, a certificate of entitlement of such leave time will be furnished by each district attorney to the District Attorneys Council, and also to the county clerk of each county affected thereby, as the former payroll administrator of such employees.  Leave records for all such officers and employees shall be continuously maintained thereafter by said Council, upon information furnished monthly by each district attorney for his own officers and employees.  Local records thereof shall be kept upon each individual officer and employee in each district attorney office, the local record to be the primary and controlling record in case of any conflict of information between the Council and office of the district attorney.  Such records shall be kept in the same manner as for other state offices, or as the Council may approve and direct.

E.  The provisions of this act are based upon the usual allowance of leave time per year for fulltime state officers and employees as provided for in Section 803 of Title 74 of the Oklahoma Statutes, as amended, and other related statutory authority governing the offices and positions in the unclassified service.  In the case of those officers or employees working less than full time, such provisions and credits shall be apportioned on a pro rata basis according to the percentage time expended by a parttime officer or employee as compared to that expended by a fulltime officer or employee.

Added by Laws 1982, c. 340, § 12, emerg. eff. June 2, 1982.  Amended by Laws 1988, c. 109, § 7, eff. Nov. 1, 1988.

§19-215.32.  Repealed by Laws 1992, c. 316, § 63, eff. July 1, 1992.

§19-215.33.  Victims and witnesses rights.

A.  The district attorney's office shall inform the victims and witnesses of crimes of the following rights:

1.  To be notified that a court proceeding to which a victim or witness has been subpoenaed will or will not go on as scheduled, in order to save the person an unnecessary trip to court;

2.  To receive protection from harm and threats of harm arising out of the person's cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available and how to access protection;

3.  To be informed of financial assistance and other social services available as a result of being a witness or a victim, including information on how to apply for the assistance and services;

4.  To be informed of the procedure to be followed in order to apply for and receive any witness fee to which the victim or witness is entitled;

5.  To be informed of the procedure to be followed in order to apply for and receive any restitution to which the victim is entitled;

6.  To be provided, whenever possible, a secure waiting area during court proceedings that does not require close proximity to defendants and families and friends of defendants;

7.  To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence.  If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person;

8.  To be provided with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances;

9.  To have the family members of all homicide victims afforded all of the services under this section, whether or not the person is to be a witness in any criminal proceedings;

10.  To be informed of any plea bargain negotiations;

11.  To have victim impact statements filed with the judgment and sentence;

12.  To be informed if a sentence is overturned, remanded for a new trial or otherwise modified by the Oklahoma Court of Criminal Appeals;

13.  To be informed in writing of all statutory rights;

14.  To be informed that when any family member is required to be a witness by a subpoena from the defense, there must be a showing that the witness can provide relevant testimony as to the guilt or innocence of the defendant before the witness may be excluded from the proceeding by invoking the rule to remove potential witnesses; and

15.  To be informed that the Oklahoma Constitution allows upon the recommendation of the Pardon and Parole Board and the approval of the Governor the commutation of any sentence, including a sentence of life without parole.

B.  Victim-witness coordinators may inform the crime victim of an offense committed by a juvenile of the name and address of the juvenile found to have committed the crime, and shall notify the crime victim of any offense listed in Section 7306-1.1 of Title 10 of the Oklahoma Statutes of all court hearings involving that particular juvenile act.  If the victim is not available, the victim-witness coordinator shall notify an adult relative of the victim of said hearings.

C.  Victim-witness coordinators shall inform victims of violent crimes, as defined in Section 984 of Title 22 of the Oklahoma Statutes, and members of the immediate family of such victims of their rights under Sections 984.1 and 984.2 of Title 22 of the Oklahoma Statutes and Section 332.2 of Title 57 of the Oklahoma Statutes.

D.  In any felony case involving a violent crime or a sex offense, the victim-witness coordinator shall inform the victim, as soon as practicable, or an adult member of the immediate family of the victim if the victim is deceased, incapacitated, or incompetent, of the progress of pretrial proceedings which could substantially delay the prosecution of the case.

E.  All victim-witness coordinators appointed to perform the services specified in subsection A of this section shall complete a minimum of twelve (12) hours in-service training annually.  Said training shall be conducted pursuant to the direction of the District Attorneys Council and the Crime Victims Compensation Board.

Added by Laws 1981, c. 219, § 2.  Renumbered from Title 19, § 215.15a by Laws 1982, c. 340, § 25, emerg. eff. June 2, 1982.  Amended by Laws 1987, c. 224, § 5, eff. Nov. 1, 1987; Laws 1988, c. 109, § 8, eff. Nov. 1, 1988; Laws 1991, c. 296, § 25, eff. Sept. 1, 1991; Laws 1992, c. 136, § 1, eff. July 1, 1992; Laws 1993, c. 325, § 1, emerg. eff. June 7, 1993; Laws 1994, c. 2, § 7, emerg. eff. March 2, 1994; Laws 1996, c. 292, § 1, emerg. eff. June 10, 1996; Laws 1997, c. 357, § 5, emerg. eff. June 9, 1997; Laws 2003, c. 341, § 1, eff. Nov. 1, 2003.

NOTE:  Laws 1993, c. 302, § 2 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.

§19-215.34.  Assistant district attorneys.

A.  All assistant district attorneys who are paid in excess of fifty percent (50%) of the salary of the district attorney shall not engage in the private practice of law, but may complete pending cases of a civil nature, not in conflict with the interests of any county of the district in which appointed.  No assistant district attorney permitted to practice law shall accept employment in a case investigated by the office of the district attorney.

B.  Each county in a district shall have at least one assistant district attorney who shall reside in the county or an adjoining county.

C.  Each assistant district attorney shall:  be at least twenty-one (21) years of age; be a resident of the district, if required by the district attorney; and have a license to practice law in the courts of record of this state at the time of appointment.  All assistant district attorneys shall serve at the pleasure of the district attorney.

Added by Laws 1982, c. 340, § 14, emerg. eff. June 2, 1982.  Amended by Laws 1988, c. 254, § 8, operative July 1, 1988; Laws 1994, c. 295, § 2, eff. July 1, 1994; Laws 1995, c. 235, § 1, eff. Sept. 1, 1995; Laws 2001, c. 418, § 2, eff. July 1, 2001; Laws 2002, c. 460, § 1, eff. Nov. 1, 2002.

§19-215.35.  Repealed by Laws 2001, c. 418, § 4, eff. July 1, 2001.

§19-215.35A.  District attorney investigators  - Certification as peace officers.

A.  District attorney investigators serve under the direction of the district attorney, and shall perform such services as are necessary in the investigation of criminal activity or preparation of civil litigation within the district.

B.  If the district attorney's investigator is certified as a peace officer by the Council on Law Enforcement Education and Training the investigator shall be considered a peace officer and shall have the powers now or hereafter vested by law in peace officers.

C.  While in the performance of official duties as an investigator for the district attorney, an investigator who has been certified as a peace officer by the Council on Law Enforcement Education and Training shall have jurisdiction in any portion of the state.

Added by Laws 1988, c. 109, § 9, eff. Nov. 1, 1988.  Amended by Laws 1989, c. 348, § 5, eff. Nov. 1, 1989; Laws 1994, c. 295, § 3, eff. July 1, 1994; Laws 1995, c. 240, § 2, emerg. eff. May 24, 1995.

§19215.35B.  Administration of payrolls and claims.

All personnel employed by a district attorney, regardless of funding source, shall be carried on the payroll administered by the District Attorneys Council.  It shall be the duty of the Council to prepare and process payroll and other claims and do all necessary acts connected with receiving funds for such purposes.

Added by Laws 1988, c. 254, § 7, operative July 1, 1988.

§19-215.35C.  Compensation of district attorney personnel determined by district attorney.

Notwithstanding any other provision of law, the compensation of all district attorney personnel shall be determined by the district attorney of each district.  On affixing the compensation, the district attorney shall base the compensation upon the responsibilities assigned to the position and the qualifications, training, experience, length of employment of each employee and budgetary consideration.  All district attorney personnel shall serve at the pleasure of the district attorney.

Added by Laws 2002, c. 460, § 2, eff. Nov. 1, 2002.

§19215.36.  Boards of county commissioners to provide certain facilities and services.

A.  Effective January 1, 1983, it shall be the duty of the board of county commissioners of each county in each district attorney's district to provide:

1.  Sufficient office space in the county courthouse, and the costs of utility services for power, lighting, heat, cooling, appropriate janitorial service, and costs of maintenance, upkeep, and repair of such space, for the personnel and programs of the office of the district attorney;

2.  A sufficient law library and subscriptions to legal publications necessary for the performance of the duties of the district attorney, the same to remain an asset and property of the county;

3.  Sufficient funds for the costs and necessary expenses of investigation, prosecution or defense of any action, whether contemplated or actual, wherein the county officers, county appointees or employees, while acting in their official capacity may be party plaintiffs, defendants or intervenors;

B.  Capital assets or properties presently owned by each county and assigned for use to the office of the district attorney shall continue to be furnished and owned by said county for use by the office of the district attorney, with the expense of ordinary maintenance and repair to be paid by the state.  At such time as the utility of the same shall be of no benefit and, when authorized by the District Attorneys Council, such property shall be returned to the county for disposal as provided by law.  Said equipment's equitable replacement is to be provided by the state.  Capital assets or properties presently leased by the county and assigned for use to the office of the district attorney shall be assigned to the state by the county, at the request of the Council; thereafter, said capital assets or properties shall be leased by the state, subject to the terms and conditions of the lease agreements.  Lease payments shall become the responsibility of the state.  Capital assets or properties presently held by the county under an approved leasepurchase agreement for equipment or properties assigned to the office of the district attorney, may, at the election of the Council, be assumed by the state and any existing intangible worth by reason of such assumption shall be the property of the state.  The county shall be released from financial responsibility of leasepurchase payments under the terms of said agreement and held harmless therefrom by the state.  In the event the agreement is completed to full term, the asset acquired shall be the property of the state.  In the event the state, through the Council, declines to assume such obligation under any pending leasepurchase agreement, said county shall retain such agreement and the equipment or the property held thereunder, and shall have the right to assign such equipment or property and its use to any county use which may be provided by law.

C.  Counties having a population of three hundred thousand (300,000) or more shall, and counties having a population of less than three hundred thousand (300,000) may, furnish sufficient equipment and personnel for equipment operation for such computer services and microfilming as the district attorney deems necessary.

Added by Laws 1982, c. 340, § 16, emerg. eff. June 2, 1982.  Amended by Laws 1988, c. 109, § 10, eff. Nov. 1, 1988.

§19-215.37.  Repealed by Laws 1983, c. 207, § 13, emerg. eff. June 15, 1983.

§19215.37A.  Maintenance and operating expenses.

The furniture, books, records, papers and documents provided for the use of the former county attorneys of this state which may be still in use by the district attorney and his staff shall remain in that service until such time as provided hereinafter.  Effective January 1, 1983, the state shall assume financial responsibility for all proper expenses of maintenances and operations and capital outlay of said offices except as provided in Section 215.36 of Title 19 of the Oklahoma Statutes.  All expenses of the various district attorney offices in the respective counties relating to maintenance, operation and capital outlay of said offices shall be processed by purchase orders and accounted for in the respective counties wherein the expenses are incurred, such expenses to be paid by funds appropriated and advanced by the respective counties and reimbursed to said counties by the state, in the manner set out hereafter.  Expenditures shall be by county purchasing procedures.

Added by Laws 1983, c. 207, § 1, emerg. eff. June 15, 1983.

§19215.37B.  Certification of funds available for operation of district attorney's office.

Prior to June 25 of each fiscal year, the District Attorneys Council shall certify to each county clerk the amount of funds which will be made available for the operation of the district attorney's office in that county for the ensuing fiscal year.  A copy of the certification shall also be sent to the district attorney in whose district the county is situated.  The funds so certified shall not exceed the state funds made available for such purposes.  Provided, if the amount of state funds has not been finalized, the Council shall estimate the amount available and adjust the estimate when the available funds have been determined in the manner hereinafter provided.

Added by Laws 1983, c. 207, § 2, emerg. eff. June 15, 1983.  Amended by Laws 1988, c. 109, § 11, eff. Nov. 1, 1988.

§19215.37C.  Estimate of needs.

On or before July 1 of each fiscal year, each district attorney shall file with the county clerk of each county in his district an estimate of needs for the operation of his office in such county for the ensuing fiscal year.  The estimate of needs shall consist of two sections as follows:

1.  The first section shall include those appropriation requests which are to be reimbursed from state funds.  This section shall consist of appropriation requests for "maintenance and operation" and for "capital outlay" as defined in Section 2490 of Title 68 of the Oklahoma Statutes, and such other accounts as may be prescribed by the State Auditor and Inspector and approved by the District Attorneys Council.  The total of these requests shall not exceed the amount certified by the Council as being available for that county; and

2.  The second section shall include those appropriation requests which are to be financed by county funds as provided by law.

Added by Laws 1983, c. 207, § 3, emerg. eff. June 15, 1983.  Amended by Laws 1988, c. 109, § 12, eff. Nov. 1, 1988.

§19215.37D.  Incorporation of district attorney's requested estimate of needs into county general fund's estimate of needs.

The district attorney's requested estimate of needs shall be incorporated without change in the county general fund's estimate of needs in the same manner as the estimate of needs of the various offices, departments and agencies of the county are compiled for submission to the county excise board.  The amount certified by the District Attorneys Council as being available to the county shall also be included in the estimate of the county general fund's miscellaneous revenue receivable.

Added by Laws 1983, c. 207, § 4, emerg. eff. June 15, 1983.  Amended by Laws 1988, c. 109, § 13, eff. Nov. 1, 1988.

§19215.37E.  Approval of appropriation requests.

A.  It shall be mandatory for the county excise board to approve the appropriation requests in the first section of the district attorney's estimate of needs which are for expenditures to be reimbursed from state funds, provided that the total does not exceed the amount certified as available by the District Attorneys Council.

B.  Appropriation requests in the second section of such estimate of needs which are for expenditures to be financed from county funds shall be considered in the manner provided by law for similar requests for county general fund appropriations.

Added by Laws 1983, c. 207, § 5, emerg. eff. June 15, 1983.  Amended by Laws 1988, c. 109, § 14, eff. Nov. 1, 1988.

§19215.37F.  Changes in amount of funds certified as available for operating expenses  Transfer of appropriations  Lapse of county funds.

If for any reason, the District Attorneys Council should determine that the amount originally certified as available to a county for the current fiscal year has changed, it shall be the duty of the Council to certify such change to the county clerk and district attorney of the county.  Within five (5) working days after receipt of such notice, the district attorney shall give written notice to the county excise board of the amount each appropriation account is to be increased or decreased and the total net effect of the change.  If the net total of the changes agrees with the total change certified by the Council, it shall be mandatory for the county excise board to approve the requested changes.  Provided, any transfer of appropriations between state reimbursable accounts which does not change the net total appropriations of such funds shall be requested in writing by the district attorney and shall be approved as requested by the county excise board without other formality.  Provided further, no transfers shall be made between state reimbursable appropriation accounts and county financed appropriation accounts nor shall county funds be used to supplement or otherwise increase the appropriation accounts required to be financed from state funds.  The unused or unencumbered balances in the district attorney's county appropriation accounts at the end of the fiscal year shall lapse to surplus in the same manner as other county general fund appropriation accounts.

Added by Laws 1983, c. 207, § 6, emerg. eff. June 15, 1983.  Amended by Laws 1988, c. 109, § 15, eff. Nov. 1, 1988.

§19215.37G.  Purchases from district attorney appropriations.

Purchases made from district attorney appropriations shall be made in accordance with the procedures prescribed by statute for county officers, departments and agencies except that neither the purchases nor the expenditures for such purchases shall be subjected to the approval of the board of county commissioners.  It shall be the mandatory duty for the designated county officials to issue, sign, attest, register and pay the warrants required to pay such obligations.

Added by Laws 1983, c. 207, § 7, emerg. eff. June 15, 1983.

§19215.37H.  Temporary appropriations  Availability of funds.

The requirements for temporary appropriations pending final approval of the county's estimate of needs and the prohibition on expenditures during the tax protest period shall not apply to the requested appropriations for the district attorney's office which are to be reimbursed from state funds.  The entire amount certified by the District Attorneys Council shall be available for the purposes requested unless otherwise restricted in writing by the Council and filed with the county clerk.

Added by Laws 1983, c. 207, § 8, emerg. eff. June 15, 1983.  Amended by Laws 1988, c. 109, § 16, eff. Nov. 1, 1988.

§19-215.37I.  Report of expenditures or encumbrances - Reimbursement.

Within five (5) working days after the end of each month, the county clerk shall report to the District Attorneys Council the amount expended or encumbered from the state reimbursable appropriations during the preceding month.  The report shall list each warrant or purchase order number, the payee and the amount and shall be totaled to show the full amount to be reimbursed to the county.  Warrants or purchase orders issued from appropriations of a prior fiscal year shall be listed separately in the report of the month in which the warrants or purchase orders were issued.  The Council shall immediately reimburse the county from state funds appropriated for that purpose.

Added by Laws 1983, c. 207, § 9, emerg. eff. June 15, 1983.  Amended by Laws 1988, c. 109, § 17, eff. Nov. 1, 1988; Laws 1995, c. 168, § 1, eff. July 1, 1995.

§19215.37J.  Exemptions from reimbursement provisions.

The reimbursement provisions contained herein shall not apply to county appropriations made and provided for office space, law library, legal publications, expenses connected with handling of county suits and matters and other matters to be borne by the county as provided in Section 215.36 of Title 19 of the Oklahoma Statutes.

Added by Laws 1983, c. 207, § 10, emerg. eff. June 15, 1983.

§19215.37K.  Costs and expenses of investigation, prosecution or defense of county action - Claims - Audits.

Payment by the county to the office of the district attorney for the costs and necessary expenses of investigation, prosecution or defense of any action, actual or contemplated on behalf of said county, called for by Section 215.4 of Title 19 of the Oklahoma Statutes, shall be made upon certification of the amount of such expense by the district attorney by the filing of a regular purchase order with the county commissioners for payment out of their account for general government operation, or other account, as may be appropriate.  Such claim shall be approved and paid forthwith whether or not encumbered in advance.  An audit as to procedure and accounting of the process shall be made by the State Auditor and Inspector as a part of the regular county audit, the costs of which shall be part of the costs of regular county audit performed by such office.

Added by Laws 1983, c. 207, § 11, emerg. eff. June 15, 1983.

§19215.37L.  Forms and procedures.

It shall be the duty of the State Auditor and Inspector to prescribe the necessary forms and procedures necessary to implement the provisions and requirements of this act.

Added by Laws 1983, c. 207, § 12, emerg. eff. June 15, 1983.

§19-215.37M.  Contracts with private attorneys.

A.  If the district attorney and the board of county commissioners of any county agree, legal representation in any civil case in which the county is interested or a party and the district attorney is required to represent the county pursuant to Section 215.4 of this title may be provided by contract with a private attorney.  The costs of such contract shall be paid by the board of county commissioners out of its account for general government operation, or other account, as may be appropriate.

B.  If the district attorney and the board of county commissioners of any county agree, legal representation in any civil case in which a county officer or employee is a party and the district attorney is required to represent the county pursuant to Section 215.25 of this title may be provided by contract with a private attorney.  The costs of such contract shall be paid by the board of county commissioners out of its account for general government operation, or other account, as may be appropriate.

C.  If a district attorney and the District Attorneys Council agree, prosecution of any criminal matter may be provided by contract with a private attorney, who shall be designated as a special assistant district attorney, if the case load of the office of the district attorney is such that adequate representation of the interest of the state is not possible without appointment of one or more special assistant district attorneys.  The special assistant district attorney shall be appointed by the district attorney.  The special assistant district attorney may serve with or without compensation, however, compensation shall be allowed only if the cost of compensation can be paid out of funds for the current fiscal year, designated for the salaries and operating expenses, for the office of the district attorney requesting the appointment or appointments.  No supplemental appropriations shall be authorized for appointment of special assistant district attorneys.

D.  If the district attorney and the board of education of any school district agree, legal representation in any ad valorem tax matter in which the district attorney is required to represent the school district may be assisted by an attorney employed or retained by the school district.  The board of education is authorized to pay the costs of such representation out of its account for general government operation, or other account, as may be appropriate.  However, this subsection shall not be construed to permit a school district or any other entity to be a party to the proceeding or give standing to such entity to be a party to the civil case in which the county is interested.

Added by Laws 1992, c. 316, § 61, eff. July 1, 1992.  Amended by Laws 1996, c. 24, § 4, emerg. eff. April 3, 1996; Laws 1997, c. 337, § 4, eff. July 1, 1997.

§19215.38.  Travel expenses  Allocation of funds.

Effective January 1, 1983, travel expenses for district attorneys, investigators and all personnel of district attorney offices incurred in the performance of necessary official duties shall be paid pursuant to the State Travel Reimbursement Act.  The District Attorneys Council shall allocate to the district attorney offices the funds appropriated in such manner as it deems equitable.

Added by Laws 1982, c. 340, § 18, emerg. eff. June 2, 1982.  Amended by Laws 1988, c. 109, § 18, eff. Nov. 1, 1988.

§19215.39.  Narrative report of offenses for offenders sentenced to incarceration for more than two years.

A.  Upon the arrest, conviction and sentencing of any defendant to the custody of the Department of Corrections, the district attorney of the county in which the crime was committed shall prepare a written narrative report describing the commission of the offense and any factors which might enhance or diminish the gravity of the offender's conduct.

B.  The report shall be provided to the Department of Corrections and the Pardon and Parole Board, together with the judgment and sentence in the case and any victim impact statements presented to the court in the case.

C.  The form to be used for this report shall be developed and distributed by the District Attorneys Council.

D.  The provisions of this section shall not apply to offenders sentenced to terms of incarceration of two (2) years or less.

E.  No allegations or recitations of alleged facts contained in any narrative submitted pursuant to the requirements of this section shall give rise to any cause of action by the defendant against the submitting agency unless the defendant shall first object to such allegation or recitation in writing, with notice to the submitting agency.  The submitting agency shall be given thirty (30) days following such notice to withdraw or amend any such allegation or recitation objected to.  Nothing contained herein shall be construed as creating a cause of action.

Added by Laws 1983, c. 318, § 1, eff. Nov. 1, 1983.  Amended by Laws 1985, c. 112, § 1, eff. Nov. 1, 1985; Laws 1988, c. 109, § 19, eff. Nov. 1, 1988; Laws 1992, c. 136, § 2, eff. July 1, 1992; Laws 1993, c. 325, § 2, emerg. eff. June 7, 1993.

§19215.40.  District Attorneys Evidence Fund.

There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General to be designated the "District Attorneys Evidence Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies transferred thereto by an act of the Legislature.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the District Attorneys Council for necessary expenses relative to any pending case within the official responsibility of the offices of the district attorneys.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1987, c. 203, § 40, operative July 1, 1987.  Amended by Laws 1988, c. 109, § 20, eff. Nov. 1, 1988.

§19-220.  Court Clerk's Revolving Fund - Administrative fee.

A.  Beginning July 1, 1991, there is hereby created with the county treasurer of each county within this state a revolving fund to be designated the "Court Clerk's Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received as grants from the federal government and any other monies designated by law for deposit into the fund.  All monies accruing to the credit of the fund are hereby appropriated and shall be expended by the court clerk for the lawful operation of the court clerk's office.  Claims against the fund shall include only expenses incurred for the operation of the court clerk's office in each county, and payment may be made after the claim is approved by the court clerk and either the district or the associate district judge of that county.  The monies shall be reported quarterly to the Administrator of the Courts.  The necessary forms and procedures shall be developed and implemented by the State Auditor and Inspector.

B.  There shall be no monies, other than federal funds, deposited into the fund created herein, unless expressly authorized by the Legislature.

C.  Notwithstanding any other provision of law, the court clerk shall assess an administrative fee of ten percent (10%) on all fees collected by the court clerk for agencies other than the court and not deposited into the court fund.  The administrative fee shall not attach to the sheriff's service fees provided for in Sections 153 and 153.2 of Title 28 of the Oklahoma Statutes, monies deposited into the Law Library Fund, witness fees paid by the district attorney pursuant to the provisions of Section 82 of Title 28 of the Oklahoma Statutes, and dispute resolution fees provided for in Section 1809 of Title 12 of the Oklahoma Statutes.  The administrative fees shall be deposited in the Court Clerk's Revolving Fund.

Added by Laws 1991, c. 110, § 1, emerg. eff. April 25, 1991.  Amended by Laws 1998, c. 310, § 3, eff. Nov. 1, 1998; Laws 2001, c. 258, § 2, eff. July 1, 2001.

§19221.  Clerks of court  Consolidation of offices  Court clerk to perform duties.

The office of clerk of the district court, clerk of the county court in all counties and clerk of the superior court in a county in which a superior court is located, are hereby consolidated, and the successor to the clerks of the different courts herein referred to shall be designated and known as the "court clerk" and shall perform all duties now provided by law to be performed by the district clerk, clerk of the county court, and clerk of the superior court.

Added by Laws 1913, c. 161, p. 330, § 1.  Amended by Laws 1915, c. 6, § 1.

§19-221.1.  Repealed by Laws 1970, c. 107, § 1, emerg. eff. April 1, 1970.

§19-221.2.  Renumbered as § 36 of Title 12 by Laws 1970, c. 107, § 2.

§19-222.  Renumbered as § 37 of Title 12 by Laws 1970, c. 107, § 2.

§19-223.  Repealed by Laws 1943, p. 78, § 43.

§19-224.  Repealed by Laws 1943, p. 78, § 43.

§19225.  Consolidation of offices of register of deeds and county clerk.

The office of the register of deeds is hereby consolidated with the office of county clerk in all counties in this state, and said office so consolidated shall be hereafter known as the office of the county clerk, and in addition to the duties now imposed by law upon the county clerk he shall perform the same duties that are now performed by the register of deeds.

Added by Laws 1913, c. 161, p. 332, § 5.  Amended by Laws 1915, c. 6, § 2.

§19-226.  Repealed by Laws 1943, p. 78, § 43.

§19-228.  Repealed by Laws 1943, p. 78, § 43.

§19-229.  Repealed by Laws 1941, pp. 463 and 464, §§ 3 and 4.

§19-230.  Repealed by Laws 1941, pp. 463 and 464, §§ 3 and 4.

§19-231.  Repealed by Laws 1959, p. 101, § 1.

§19-232.  Repealed by Laws 1970, c. 210, § 2, eff. Jan. 1, 1971.

§19-233.  Repealed by Laws 1970, c. 210, § 2, eff. Jan. 1, 1971.

§19-234.  Repealed by Laws 1970, c. 210, § 2, eff. Jan. 1, 1971.

§19-235.  Repealed by Laws 1970, c. 210, § 2, eff. Jan. 1, 1971.

§19-241.  Repealed by Laws 1980, c. 180, § 6, emerg. eff. May 13, 1980.

§19242.  Appointment of deputies.

Every such clerk may, by instrument in writing, by permission of the board of county commissioners, appoint one or more deputies, and shall file such appointments in his office; and said deputies shall have such authority as the clerk may delegate, and, in case of a vacancy in the office of county clerk, shall fill such vacancy until a county clerk shall be appointed or elected.

R.L. 1910, § 1565.

§19243.  Duties.

The county clerk shall attend the sessions of the board of county commissioners, either in person or by deputy, shall keep the seals, records and papers of said board of commissioners and shall sign the records of the proceedings of the board of county commissioners and attest the same with the seal of the county.

R.L. 1910, § 1566.

§19244.  Records and accounts.

It shall be the duty of the county clerk:

First.  To record in a book to be provided for that purpose, all proceedings of the board.

Second.  To make regular entries of their resolutions and decisions in all questions concerning the raising of money.

Third.  To record the vote of each commissioner, on any question submitted to the board, if required by any member thereof, and not otherwise.

Fourth.  To attest all orders issued by the board and signed by the chairman thereof for the payment of monies.

Fifth.  To preserve and file all accounts acted upon by the board, with their action thereon.  And he shall perform such special duties as are required of him by law.

R.L. 1910, § 1567.

§19245.  Duties as to audited accounts  Certified copies of papers.

It shall be the duty of such clerk to designate upon every account, which shall be audited and allowed by the board, the amount so allowed, and he shall deliver to any person a copy certified or otherwise of any record in his office and any account on file thereon, on receiving from such person the fee allowed pursuant to the Oklahoma Open Records Act, Section 24A et seq. of Title 51 of the Oklahoma Statutes, for every page contained in such copy.  Upon demand, the clerk shall furnish a certified copy as provided by the Oklahoma Open Records Act.

R.L. 1910, § 1568.  Amended by Laws 1989, c. 243, § 1, emerg. eff. May 12, 1989.

§19246.  County orders.

Such clerk shall not attest any county order unless ordered by the board of commissioners authorizing the same, and signed by chairman, and every such order shall be numbered, and the date, amount and number of the same, and the name of the person to whom it is issued, shall be entered in a book kept by such clerk in his office for that purpose.

R.L. 1910, § 1569.

§19247.  Accounts must be filed within two years  Exception.

No account against the county shall be allowed unless presented within two years after the same accrued:  Provided, that should any person having a claim against the county be (at the time the same accrued) under any legal disability, every such person shall be entitled to present the same within one year after such disability shall be removed.

R.L. 1910, § 1570.

§19248.  Duty when new township organized.

The clerk of each county shall as often as new townships shall be organized in his county, or the boundaries of any township therein shall be altered, and immediately thereafter make out and transmit to the State Auditor and Inspector a certified statement of the name and boundaries of the township so organized, and of the boundaries of any township the boundaries of which shall have been altered.

R.L. 1910, § 1571.  Amended by Laws 1979, c. 30, § 3, emerg. eff. April 6, 1979.

§19-249.  Repealed by Laws 1997, c. 79, § 1, eff. Nov. 1, 1997.

§19250.  Record of accounts.

The county clerk shall keep a book in which he shall keep a record of the receipts and expenditures of his county and all accounts of his county with the different county, township, district and other officers.

R.L. 1910, § 1573.

§19251.  Accounts with county treasurer.

The county clerk in keeping the accounts of his county with the county treasurer, shall charge the county treasurer as follows:  With the amount of taxes levied and assessed by the state and county, and each city, town, township, school district, or any other special tax levied for any purpose in his county in each year, and the same shall be kept in separate accounts; with the amount of any sinking funds in separate accounts, with the amount of money and with the amount of state, county, township, school, road, and city warrants, or orders, or other evidences of indebtedness which the county treasurer may be authorized by law to receive from his predecessor in office; with the amount of taxes on each tax roll made out, and delivered to him during his term of office; with the amount of the additional assessments made after the tax roll is made out and delivered to the county treasurer; with the amount of penalty added to the taxes after the first day of February of each year; with the amount of redemption money on land and town lots sold to the county for delinquent taxes when the same are redeemed; with the amount of the state school fund received from the State Treasurer; with the amount received from the sale of property belonging to the county; with the amount received from the sales of estrays; with the amount received as fines and forfeitures; with the amount received from groceries or other licenses.  And upon presentation of proper vouchers, he shall credit him as follows:  With the amount of all county, city, town, township, school district or other tax, which has been paid over to the proper authority and receipted for; with the amount of county orders received by the county treasurers and returned to the county board and canceled; with the amount paid to the State Treasurer, and township trustees, city treasurers, or other officers entitled by law to receive the same; with the amount of delinquent taxes and the penalty thereon; on lands and town lots bid off for the county, which said taxes have been transferred from the tax roll to the book of tax sales; with the amount of double or erroneous assessments of property, except the assessments on lands and town lots which have been sold or entered on the book of tax sales for delinquent taxes; with the amount of percentage fees allowed by law to the county treasurer for collecting taxes; with the amount of money and the amount of warrants or orders, or other evidence of indebtedness, which the county treasurer is allowed by law to receive for taxes or which he pays over to his successor in office; with the amount of taxes uncollected on the tax roll delivered over to his successor in office.

R.L. 1910, § 1574.

§19252.  Charges and credits  How stated.

The county clerk, in making the above charges, credits and entries, shall state each different fund and each item of each different fund separately.

R.L. 1910, § 1575.

§19-253.  Repealed by Laws 1941, p. 462, § 1.

§19-254.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-255.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19256.  Unclaimed warrants.

Whenever any county warrant issued to any person remains in the office of the county clerk unclaimed for a period of one (1) year from the date thereof, such warrant shall be returned by him to the board of county commissioners and canceled.

R.L. 1910, § 1579.  Amended by Laws 1993, c. 105, § 1, emerg. eff. April 23, 1993.

§19257.  List and signatures of county officers to Secretary of State.

The county clerk shall annually on the fourth Monday of January prepare and file in the office of the Secretary of State, a list of the officers of the county, elected at the last preceding general election, which list shall contain the genuine signatures of all county officers, and the county clerk shall certify under the seal of his office, that such signatures are the genuine signatures of the respective officers, and that they were attached in his presence:  Provided, that in case of any vacancy in any county office, the county clerk shall immediately transmit to the Secretary of State the genuine signature of the person elected or appointed to fill such vacancy:  Provided, further, that any county clerk failing or refusing to comply with the provisions of this article, shall be deemed guilty of a misdemeanor and punished by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00).

R.L. 1910, § 1580.

§19-258.  Repealed by Laws 1941, p. 462, § 1.

§19-259.  Repealed by Laws 1949, p. 148, § 2.

§19-260.  Repealed by Laws 1945, p. 50, § 2.

§19261.  Instruments filed for record  Printed or typed name of signer.

From and after the effective date of this act, all instruments filed for record in the office of any county clerk within the State of Oklahoma shall, under the signature affixed to said instrument, bear the printed or typed name of the signer thereof.  Provided, that the failure of any such instrument to bear the printed or typed name of the signer thereof, shall not affect the validity of such instrument or the filing or recordation thereof.

Added by Laws 1943, p. 79, § 1.

§19262.  Bankruptcy petitions, orders and decrees to be filed.

Copies of any and all petitions, or orders or decrees of any United States court, in bankruptcy proceedings, duly certified as correct by the clerk of such court or his deputy, may be filed and recorded in the office of any county clerk of this state.  Said county clerk shall accept the same for filing when certified by the clerks of said courts as true copies of said instruments and file and record the same in his office and also shall cause the same to be indexed.

Added by Laws 1945, p. 80, § 1.  Amended by Laws 1947, p. 211, § 1.

§19263.  Copies of bankruptcy orders to be constructive notice after filing.

All of such certified copies of said petitions, orders or decrees so filed, whether acknowledged or not, shall be constructive notice of their contents from and after the filing and recording thereof.

Added by Laws 1945, p. 80, § 2.  Amended by Laws 1947, p. 211, § 1.

§19264.  Release of filed information over telephone  Fees.

A county clerk may release over the telephone any information requested from files that are open to public inspection within the county clerk's office.  There may be a fee not to exceed Three Dollars ($3.00) for each individual phone request answered over the telephone.  The provisions of this section shall also apply to any Uniform Commercial Code information requested.  For the purposes of this act, an "individual phone request answered," is defined as the release by telephone of all information pertinent to any one individual.  "Individual" includes husband and wife.

Added by Laws 1979, c. 273, § 4, emerg. eff. June 5, 1979.

§19265.  County Clerk's Lien Fee Account.

There is hereby created a cash account to be known as the "County Clerk's Lien Fee Account".  Monies from the account shall be expended by the county clerk in the lawful operation of his office.

Added by Laws 1984, c. 268, § 2, eff. Nov. 1, 1984.

§19-266.  Fees - Charges to state governmental entities.

The county clerk may charge any state agency or other state governmental entity, except child support enforcement offices operated by or for the benefit of the Oklahoma Department of Human Services, rural water districts organized pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act and the Oklahoma Boll Weevil Eradication Organization for liens filed pursuant to the Boll Weevil Eradication Act, the usual and customary fee for filing any document with the county clerk and may charge the usual and customary fee for making copies of any document.

Added by Laws 1994, c. 221, § 1, eff. Sept. 1, 1994.  Amended by Laws 1997, c. 381, § 6, eff. July 1, 1997.

§19-267.  Sham legal process.

A.  The county clerk may refuse to file any instrument presented for filing if the clerk believes that the instrument constitutes sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes.

B.  1.  Any person aggrieved by the refusal of a county clerk to file an instrument may petition the district court for a writ of mandamus to compel the county clerk to record the instrument.

2.  At the time of refusal, the person aggrieved shall file a notice of refusal with the county clerk for the purpose of preserving priority of filing in the event the person prevails in any action so commenced, if the person wishes to preserve priority of filing.  The refusal notice shall be submitted on a form provided by the county clerk, but must be filled out by the aggrieved party.  A copy of the instrument that the clerk refused to file must be attached to the notice of refusal.  The county clerk shall stamp the date of refusal on the notice of refusal.

3.  The refusal notice shall be in the following form:

STATE OF OKLAHOMA

__________ COUNTY

NOTICE OF REFUSAL

The Office of County Clerk of __________ County, Oklahoma, has on __________ (date) refused to file a document designated ___________ (title of document or brief description of document).  The document constitutes a claim or lien on the following property: ______________ _______________________________________________ (Description of property.  In case of real property, description must be the legal description for the property.)  A copy of the refused document must be attached to this notice of refusal or the clerk cannot accept it for filing.

Signed:_____________ Signed: ________________________

  County Clerk   Aggrieved party or attorney

  for aggrieved party

_______County, Oklahoma  

  Address:__________________

  __________________________

4.  The action for mandamus must be filed with the district court within twenty (20) days after the notice of refusal is filed with the county clerk.  If the writ of mandamus is granted, the court clerk shall refund the fee for filing the action.  Notice of the pendency of a mandamus action filed pursuant to this section shall be filed in accordance with Section 2004.2 of Title 12 of the Oklahoma Statutes.  A file-stamped copy of the notice of the pendency of the action, identifying the case and the court in which the action is pending and the legal description of the land affected by the action shall be filed with the county clerk.  If the court determines that the instrument is not sham legal process or is not for the purpose of slandering title, the court shall order the county clerk to record the instrument.  The court order shall include a notation of the book and page number of the index in which the notice of refusal is located and a statement that abstractors shall not show the pages on which the attachment to the notice of refusal is located in any abstract.  For any instrument which the court orders to be filed pursuant to this subsection, the date of filing shall be retroactive to the date the notice of refusal was filed.

5.  If the court determines that the instrument is sham legal process, the court shall issue an order that abstractors shall not show the pages of the index on which the attachment to the notice of refusal is located in any abstract.

C.  If a county clerk files an instrument that is sham legal process or refuses to file an instrument because the clerk believes the instrument is sham legal process, the clerk shall be immune from liability for such action in any civil suit.

D.  A clerk shall post a sign, in letters at least one (1) inch in height, that is clearly visible to the general public in or near the clerk's office stating that it is a felony to intentionally or knowingly file or attempt to file sham legal process with the clerk.  Failure of the clerk to post such a sign shall not create a defense to any criminal or civil action based on sham legal process.

Added by Laws 1997, c. 405, § 3, emerg. eff. June 13, 1997.

§19-268.  Liens against government officials or employees based on performance or nonperformance of duties.

A.  The county clerk shall not accept for filing any claim of lien against a federal, state, or local official or employee based on the performance or nonperformance of that official's or employee's duties unless accompanied by a specific order from a court of competent jurisdiction, recognized by the laws of this state, authorizing the filing of such lien.

B.  If a claim of lien as described in subsection A of this section has been accepted for filing, the county shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official or employee, the assistant attorney general representing the state agency, board, commission, department, or institution of higher education of which the individual is an official or employee, or the attorney representing the school district, political subdivision, or unit of local government of this state of which the individual is an official or employee.  A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien at his or her last-known address.  No clerk or county shall be liable for the acceptance for filing of a claim of lien as described in subsection A of this section, nor for the acceptance for filing of a notice of invalid lien pursuant to this subsection.

C.  This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, financial institution including, but not limited to, any commercial bank, savings and loan association, credit union, mortgage company or mortgage broker.

Added by Laws 1997, c. 405, § 4, emerg. eff. June 13, 1997.

§19-269.  Election concerning tax question - Copy of ballot to state Auditor and Inspector.

Within fifteen (15) days from the date of a county election concerning a sales tax question, the county clerk shall send to the State Auditor and Inspector a copy of the ballot concerning the sales tax question.  This section only applies if the sales tax question was passed by the voters of the county.

Added by Laws 1998, c. 196, § 2, eff. Nov. 1, 1998.

§19-270.  Confidentiality of Department of Defense Form 214 - Duties - Liability.

A.  The county clerk shall keep any Department of Defense Form 214 (DD Form 214) filed with the clerk, including any DD Form 214 that was filed before the effective date of this act, separate from records available for public inspection and shall not make the DD Form 214 available to any person except as provided in this section.  A record of the names of veterans who have filed DD Forms 214 with the clerk shall be made available for public inspection.

B.  The county clerk may authorize the viewing or copying of a veteran's DD Form 214 only by the veteran, the veteran's spouse or child, a guardian for or a person having power of attorney for the veteran, spouse, or child upon presentation of a court order showing the appointment, the executor or administrator of the estate of the veteran or spouse upon presentation of a court order showing the appointment, a representative of the United States Department of Veterans Affairs, a funeral director upon presentation of a contract signed by the person responsible for the funeral costs for the veteran, or a person authorized by the court to view or copy the DD Form 214 upon presentation of the court order.  The clerk shall record the names and addresses of all persons viewing or copying a DD Form 214.

C.  A county clerk shall not be liable or responsible for any harm or damages that may occur as a result of any person obtaining, copying or viewing a DD Form 214.

Added by Laws 2002, c. 478, § 3, eff. July 1, 2002.

§19-281.  Repealed by Laws 1941, p. 462, § 1.

§19-282.  Repealed by Laws 1941, p. 462, § 1.

§19-283.  Repealed by Laws 1941, p. 462, § 1.

§19284.  Care of records  Fixtures and furniture.

The register of deeds shall have the care and custody of all books, records, deeds, maps, papers and fixtures deposited and kept in his office, and it shall be his duty to carefully preserve and guard the same against defacing, mutilation, change or injury, and he shall be furnished by the county with suitable fixtures and furniture to protect the records and papers of his office.

R.L. 1910, § 1656.

§19285.  Seal.

The register of deeds shall keep a seal, to be furnished by the county, which seal shall contain the name of the county, the words "Oklahoma" and "Register of Deeds."  He shall attach such seal to all instruments filed or recorded in his office, together with his signature and certificate to all certified copies of any instrument on file or of record in his office, which he is required to issue.

R.L. 1910, § 1657.

§19-286.  Records.

The county commissioners shall furnish, and the county clerk shall maintain, in the office of the county clerk, suitable records for storage for all instruments of writing subject by law to be recorded in the office of the county clerk.  Suitable record may include either photographic copy, microphotographic or computer storage of such instruments.  All records shall be available to the public for immediate viewing and reproduction.  The county clerk shall retain sole custody and responsibility for the records of the office.  All micrographic copies shall be produced to meet archival standards and a security copy shall be maintained.  Stored documents shall meet the guidelines set forth in Section 214 of Title 74 of the Oklahoma Statutes.

R.L.1910, § 1658.  Amended by Laws 1984, c. 71, § 1; Laws 2004, c. 447, § 4, emerg. eff. June 4, 2004.

§19287.  Indexes to be kept.

Each register of deeds shall keep an index of deeds direct and inverted, and an index of mortgages direct and inverted, in his office.  The index direct and inverted, of deeds and mortgages, shall be divided into columns, with heads to the respective columns, as follows towit:

GRANTOR  GRANTEE

DATE OF FILING WHERE RECORDED DESCRIPTION OF PROPERTY

M.  D.  Y.  A.M.  P.M. Book  Page Lot Blk. Qr. Sec. Tp. R.

GRANTEE  GRANTOR

DATE OF FILING WHERE RECORDED DESCRIPTION OF PROPERTY

M.  D.  Y.  A.M.  P.M. Book  Page Lot Blk. Qr. Sec. Tp. R.

Remarks

He shall enter in alphabetical order in the direct index of deeds and mortgages the names of the grantors and in the inverted index of deeds and mortgages the names of the grantees in alphabetical order, and whenever any mortgage bond or other instrument has been released or discharged from record, according to law, the register shall immediately note in both indexes under the column headed "Remarks," and opposite to the appropriate entry, that such instrument has been satisfied.  He shall also keep an index, direct and inverted, of the miscellaneous records in the same form as the index of deeds and mortgages.

R.L. 1910, § 1659.

§19288.  Plat record  Microfilming.

A.  The county clerk shall also keep a wellbound book in which shall be platted all maps of cities and towns, or additions to the same, cemeteries and other plats, required by law to be recorded within his county, together with description, acknowledgment or other writing thereon, and file the original plat in his office.  He shall index such plat book under appropriate headings in the plat book.  Provided, the county clerk shall be prohibited from recording a plat of any subdivision which is by name duplicative of the name of any platted subdivision of record in his county.

B.  In the alternative, said record may be kept on microfilm if said records may be reproduced to their original size.

R.L. 1910, § 1660.  Amended by Laws 1977, c. 179, § 1, emerg. eff. June 7, 1977; Laws 1986, c. 78, § 1, eff. July 1, 1986.

§19288.1.  Duty to file and index plats.

A.  Plats or subdivision plats filed in the county clerk's office shall be indexed and filed, and one copy placed in bound volumes or booklets, so that all plats or subdivisions are compiled and indexed accordingly.

B.  Plats or subdivision plats of property in unincorporated areas with roads of public designation shall not be filed in the county clerk's office until such plat or subdivision plat goes before the board of county commissioners and the board determines that the dedicated public roads are designed to meet the requirements of Section 601.1 of Title 69 of the Oklahoma Statutes.  The county commissioners shall have adequate assurance by the developer that the roads will be built according to requirements.  Those assurances shall include, but not be limited to, letters of credit, bonds, letters of escrow, or other items approved by the board of county commissioners.  The board shall sign the plat and note on the plat that "Roads will be maintained by the county" or "Roads will not be maintained by the county", provided however, that the county may agree to maintain the roads at some future date.

Added by Laws 1976, c. 162, § 2, emerg. eff. May 31, 1976.  Amended by Laws 2001, c. 139, § 1, eff. Nov. 1, 2001; Laws 2002, c. 168, § 1, eff. July 1, 2002.

§19-288.2.  Filing plats located outside corporate limits of city or town.

The county clerk shall not file of record any plat which contains any lot of less than two and one-half (2 1/2) acres located outside the corporate limits of a city or town unless the plat bears the stamp of approval of the Department of Environmental Quality as provided in Section 2-6-403 of Title 27A of the Oklahoma Statutes.

Added by Laws 1985, c. 272, § 2, eff. Nov. 1, 1985.  Amended by Laws 1999, c. 284, § 5, emerg. eff. May 27, 1999.

§19-288.3.  Filing of plats in digital electronic format.

All plats, subdivision plats or re-plats may be filed, at the option of the county assessor, in digital electronic format with the county assessor of the county in which the property is located.  The digital electronic format shall meet the specifications of the county assessor.

Added by Laws 2003, c. 184, § 1, eff. Nov. 1, 2003.

§19289.  Receiving book.

The county clerk shall keep a receiving book, with suitable headings and columns, as the case may be;

a.  For instruments to be recorded by the county clerk as registrar of deeds;

b.  For instruments to be filed as public notice by the county clerk as such; which receiving book, in either instance, shall show the name of the person who deposited the same, the nature of the instrument, the year, month, day, hour, and minute when the same shall be received, the fee for recording or filing the same, and where the instrument is filed or to whom such instrument is mailed or delivered if recorded.  It shall be the duty of the State Auditor and Inspector to prescribe suitable forms to conform to this act and for the separate instances noted.

R.L. 1910, § 1661.  Amended by Laws 1949, p. 149, § 1; Laws 1951, p. 43, § 1; Laws 1979, c. 30, § 79, emerg. eff. April 6, 1979.

§19290.  Chattel mortgage record.

He shall keep an index to chattel mortgages, bills of sale and other instruments affecting title to or incumbering personal property, required by law to be recorded, in which shall be entered in separate columns, the number of the instrument, name of grantor alphabetically, and the name of grantee, the year, month, day, hour and minute of filing, the amount secured, a description of the property, and dates when and by whom canceled; said chattel mortgage when so indexed to be numbered, filed and kept in his office, and when said mortgage or bill of sale is released or canceled the register shall note the same on the back of the instrument and on the index, in the proper column, giving the date and by whom said instrument is canceled.

R.L. 1910, § 1662.

§19-291.  Numerical index of deeds.

The county clerk shall also keep a numerical index, in which shall be noted all deeds relating to tracts of land and units within unit ownership estates within the limits of such county, such index shall be divided into columns with the heads to each division of the pages designating the respective columns as follows, towit:

Grantor_________________________________________

Grantee_________________________________________

Kind of Instrument______________________________

Lots N.E.Qr. N.W.Qr.

__ __ __ N.E. N.W. S.E. S.W. N.E. N.W. S.E. S.W.

S.E.Qr. S.W.Qr.

N.E. N.W. S.E. S.W. N.E. N.W. S.E. S.W.

Acres___________________________________________

Book____________________________________________

Page____________________________________________

Remarks_________________________________________

It shall be the duty of the county clerk to make correct entries in such numerical index of all instruments recorded concerning tracts of land under the appropriate heading, and in the subdivision devoted to the particular quarter section described in the instrument making the conveyance, and the county clerk shall enter in their appropriate division, before any other entries are made, all the transfers embraced in the instrument recorded within his office, commencing with the first.

R.L.1910, § 1663.  Amended by Laws 1989, c. 273, § 1, eff. Nov. 1, 1989; Laws 2004, c. 447, § 5, emerg. eff. June 4, 2004.

§19292.  Fee must be paid in advance.

No register of deeds shall perform any of the duties required by this article, to be performed unless the fee for the same has been paid, or tendered.

R.L. 1910, § 1664.

§19293.  Duty when instrument offered for record.

The register of deeds shall, whenever an instrument shall be presented to him for record, immediately note on the instrument the year, month, day, hour and minute of receiving the same, and the date of record of such instrument shall be from the date of filing; he shall then enter the same on the receiving book, making all the entries in the appropriate columns as herein provided, and shall as soon thereafter as practicable, record said instrument in the proper record, enter it upon the proper indexes, and over his signature and seal note the book and page on which said instrument is recorded.

R.L. 1910, § 1665.

§19294.  Duty to index old records.

The register of deeds of any county of this state shall, in addition to the duties now prescribed by law, make and keep indexes in the same manner as is now provided by Sections 1733 and 1737 of Snyder's Compiled Laws, 1909, of all records, files, books, instruments, or the certified copy thereof, pertaining to the title to lands in such county, which were of record in the office of United States Court, or any office maintained by the United States prior to November 16, 1907, for filing and recording deeds, mortgages, liens and other instruments which have been, or may hereafter be, received by such register of deeds.

Added by Laws 1913, c. 85, p. 137, § 1.

§19-295.  Repealed by Laws 1997, c. 79, § 1, eff. Nov. 1, 1997.

§19-296.  Repealed by Laws 1997, c. 79, § 1, eff. Nov. 1, 1997.

§19297.  Record of certificate showing Indian lands exempt from taxation.

It is hereby made the duty of county clerks of Oklahoma to record without charge all certificates describing and designating lands situate in their respective counties owned by members of the Five Civilized Tribes and their heirs, which lands are shown by said certificates to be exempt from taxation under the provisions of Section 4, of the Act of Congress, approved May 10, 1928, Public Number 360  70th Congress; provided, said certificates when presented for recording bear the approval of the Secretary of the Interior.

Added by Laws 1929, c. 32, p. 32, § 1.

§19-298.  Recordable interests.

A.  Every county clerk in this state shall require that the mandates of the Legislature be complied with, as expressed in Sections 287 and 291 of this title, and for that purpose, every instrument offered which may be accepted by the county clerk for recording, affecting specific real property whether of conveyance, encumbrance, assignment, or release of encumbrance, lease, assignment of lease or release of lease, shall be an original or certified copy of an original instrument and clearly legible in accordance with the provisions of subsection B of this section, and shall by its own terms describe the property by its specific legal description, and provide such information as is necessary for indexing as required in Sections 287 and 291 of this title, and on each such instrument shall be listed the mailing address of the grantee, mortgagee, assignee or other designated party to which the instrument is to be delivered after recording.  If an instrument offered to a county clerk for recording contains more than twenty-five legal descriptions requiring separate entries in the indexes required by Sections 287 and 291 of this title, the descriptions shall be sorted by addition, block, and lot if platted property, or by township, range, and section if described by governmental survey description.  Any instrument offered to a county clerk for recording containing more than twentyfive legal descriptions per page, counted as each description which could require a separate line entry in the numerical index, shall be accompanied by an additional filing fee of One Dollar ($1.00) per legal description in excess of twentyfive legal descriptions per page to be paid to the county clerk.  Unless the person offering a nonconforming instrument for filing is willing to reform the instrument to conform to statutory requirements, for which purpose it may be withdrawn and refiled during the same business day, the county clerk may refuse to record the same in the records of deeds, leases or mortgages or to index the same upon the index records referred to in Sections 287 or 291 of this title, or to file or record the same in the office of the county clerk.

B.  All documents filed of record in the office of the county clerk pursuant to subsection A of this section or pursuant to any other law shall be an original or a certified copy of an original document.  Such documents shall be clearly legible, in the English language, using xerographically reproducible dark ink, on paper of a color that is xerographically reproducible by the copying equipment in use by the county clerk.  Unless otherwise provided by law, such documents shall measure no larger than eight and one-half (8 1/2) inches by fourteen (14) inches.  All documents shall provide an area free of printed information sufficient in size to accommodate affixation of the documentary stamps required by Section 3201 of Title 68 of the Oklahoma Statutes, any certification of the payment of mortgage taxes required by Section 1901 et seq. of Title 68 of the Oklahoma Statutes, and the recording information affixed by the county clerk upon acceptance of a document for recordation.  If an instrument submitted to the county clerk for recording does not contain sufficient space for the affixation of such stamps and recording information without covering language contained in the instrument, the county clerk shall attach an additional page to the document to provide for the affixation of such stamps and recording information.  The top margin of all documents shall be at least one (1) inch and all other margins shall be at least one-half (1/2) inch.

C.  Despite any provision in this section to the contrary, the county clerk shall accept for filing any document that fails to meet the requirements of subsection B of this section if:

1.  The document is an original or a certified copy of an original;

2.  The document is legible without the aid of magnification or other enhancement of the text;

3.  The document is xerographically reproducible by the copying equipment in use by the county clerk;

4.  The document meets all other statutory requirements for recordation; and

5.  The person offering the instrument for recording pays the additional fee provided in Section 32 of Title 28 of the Oklahoma Statutes for nonconforming documents.

D.  This section shall not apply to plats, filings under the Uniform Commercial Code, or any other instruments that may be filed pursuant to any other law.

E.  All documents accepted for filing, including all documents filed before the effective date of this act, shall be deemed to comply with the requirements of this section and, except as otherwise provided by law, impart constructive notice of the contents of such document to third parties unless a person claiming adversely to any such document files an affidavit setting forth the basis of such claim in the office of the county clerk of the county where the property is located within six (6) months from the effective date of this act.

Added by Laws 1951, p. 43, § 1.  Amended by Laws 1965, c. 417, § 1, emerg. eff. July 7, 1965; Laws 1974, c. 91, § 1; Laws 1979, c. 146, § 1; Laws 1989, c. 9, § 1, eff. Nov. 1, 1989; Laws 1996, c. 195, § 1, eff. Nov. 1, 1996; Laws 1997, c. 1, § 2, emerg. eff. Feb. 18, 1997; Laws 1997, c. 233, § 2, eff. July 1, 1997; Laws 1998, c. 310, § 4, eff. Nov. 1, 1998.

§19-298.1.  Electronic documents - Acceptability for filing.

Notwithstanding any other provision to the contrary in Section 298 of Title 19 of the Oklahoma Statutes, an electronic document presented in compliance with the Uniform Electronic Transaction Act is acceptable for filing.  Nothing in this section shall require any county clerk to establish, accept, or transmit any document in an electronic format.  The Secretary of State does not guarantee the validity of any registered certification authorities, as defined in Section 15-102 of Title 12A of the Oklahoma Statutes, nor regulates or monitors such registered certification authorities.

Added by Laws 2004, c. 179, § 1, eff. Nov. 1, 2004.

§19299.  Land parcel identifier system.

The county assessor, county clerk and county treasurer of any county may adopt a system of land parcel identifier numbers whereby the same land identifier numbers shall be used by the county assessor, county clerk and county treasurer to designate a tract of real property situated within the county.

In any county where this system has been adopted, the county clerk shall not accept for filing or recording any map, plat, deed, mortgage, lease or other instrument affecting real property unless the land parcel identifier numbers for all of the land parcels described and affected are affixed on the face of the map, plat, deed, mortgage, lease or other instrument.  Provided that, failure to comply with these provisions shall not affect the validity of any such instrument that is duly recorded.

Added by Laws 1980, c. 141, § 1, emerg. eff. April 7, 1980.  Amended by Laws 1982, c. 44, § 1.

§19300.  Master form  Definition  Labeling  Filing  Recording  Incorporation by reference  Unrecordable matters.

A.  A master form shall be any instrument containing forms of covenants, conditions, obligations, powers, or other clauses not being acknowleged nor containing a legal description.  Such instrument shall be labeled on the first page as a master form and may be filed and recorded in the office of the county clerk in the same manner as provided for miscellaneous instruments relating to real estate.

B.  After recording and indexing of the master form, any of the provisions of such master form may be incorporated by reference in any subsequently recorded instrument.  Provided, that, such reference shall state that the master form was recorded in the county in which the subsequently recorded instrument is offered for recording, the date of recording and the book and pages where recorded, and that a copy of such master form was furnished to the persons executing the subsequently recorded instrument.  The recording of any subsequently recorded instrument which has so incorporated by reference any of the provisions of a master form properly recorded shall have like effect as if such provisions of the master form so incorporated by reference had been set forth in full in the subsequently recorded instrument.

C.  Whenever a subsequently recorded instrument is presented for recording in which is set forth matters purporting to be a copy or reproduction of a master form and such matters are preceded by the words, "do not record or not to be recorded", and such matters are plainly separated from such instrument in such manner that such matter will not appear upon a photographic reproduction of any page containing any part of the instrument, such matter shall not be recorded by the county clerk when the instrument is recorded.  The county clerk shall record only the instrument apart from such matter and shall not be liable for doing such.

Added by Laws 1980, c. 37, § 1, eff. Oct. 1, 1980.

§19321.  County commissioners' districts  Reapportionment.

A.  Each county shall be divided by the board of county commissioners into three (3) compact districts, as equal in population as practical and numbered respectively one, two, and three.  One commissioner shall be elected from each of said districts by the voters of the district, as provided for by law.

B.  1.  Each county shall be reapportioned by the board of county commissioners on or before October 1 following the final official publication of the Federal Decennial Census to the State of Oklahoma for the purposes of legislative redistricting.

2.  Beginning with the reapportionment following the 1990 Federal Decennial Census, all boundaries of county commissioner districts shall follow clearly visible, definable and observable physical boundaries which are based upon criteria established and recognized by the Bureau of the Census of the United States Department of Commerce for purposes of defining census blocks for its decennial census.

3.  If the commissioners fail to reapportion the county as required by this subsection, the commissioners shall be subject to the provisions of Sections 91 through 105 of Title 51 of the Oklahoma Statutes and it shall be the duty of the county excise board to perform the reapportionment.

R.L. 1910, § 1583.  Amended by Laws 1925, c. 65, p. 97, § 1; Laws 1982, c. 165, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 158, § 1, eff. Nov. 1, 1983; Laws 1990, c. 213, § 1, emerg. eff. May 18, 1990; Laws 1991, c. 185, § 1, emerg. eff. May 13, 1991.

§19322.  Persons ineligible as commissioner.

No employee, officer or stockholder in any railroad in which the county owns stock shall be eligible to the office of county commissioner.

R.L. 1910, § 1584.

§19-323.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-324.  Repealed by Laws 1941, p. 464, § 6 and Laws 1943, p. 78, § 43.

§19-324a.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19-324b.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.

§19325.  County seal.

The board of county commissioners shall procure and keep a seal with such emblems and devices as they may think proper, which shall be the seal of the county, and no other seal shall be used by the county clerk; and the impression of the seal hereby required to be kept by the stamp, shall be sufficient sealing in all cases where sealing is required.

R.L. 1910, § 1586.

§19326.  Meetings  Passing on bills and claims.

A.  In addition to the special sessions for equalizing assessments, and all other special sessions now provided by law, the county commissioners shall meet and hold sessions for the transaction of business in the county courthouse, at the county seat, on or before the first Monday of each month, and may remain in session as long as the public business may require, and the passing upon, allowing or rejecting of bills against the county shall be taken up and passed upon by the board in the order in which the claims have been filed, and in which order such claims must be entered upon the calendar, except salary, wage and compensation claims of officers and deputies and employees, which salary, wage and compensation claims may be considered and paid, on or after the termination of the service pay period; provided, that such claims by subordinate deputies and employees be first approved by the officer having charge of the office or department.  The board of county commissioners may recess or adjourn its meetings within the session, either from time to time or from day to day, or on call of the chairman; but, if such board does not sooner adjourn its session for any month, such session shall terminate and be adjourned by operation of law on the last business day of such month.  If the board shall have adjourned its session before the last business day of any month, the county clerk shall have power to call special sessions when the best interests of the county demand it, upon giving five (5) days' notice of the time and object of calling the commissioners together, by posting up notices in three  public places in the county, or by publication in some newspaper of general circulation in the county; provided, that in the case of a vacancy in the office of county clerk, the chairman of the board shall have power to call a special session for the purpose of filling such vacancy.

B.  The board of county commissioners may meet at times and in places within the county other than the county courthouse if it is determined that such meetings are beneficial to the general public.  Such meetings shall be in compliance with the Oklahoma Open Meeting Act.

R.L. 1910, § 1587.  Amended by Laws 1945, p. 80, § 1, emerg. eff. April 16, 1945; Laws 1988, c. 41, § 1, eff. Nov. 1, 1988; Laws 1993, c. 239, § 13, eff. July 1, 1993; Laws 2001, c. 139, § 2, eff. Nov. 1, 2001.

§19327.  Chairman elected each year.

At the first meeting of the county commissioners in each year they shall elect one of their number chairman, who shall act as chairman of the said board of commissioners during the year in which he is elected, or until his successor is elected, and in case of a vacancy from any cause whatever the board of county commissioners shall elect another chairman.

R.L. 1910, § 1588.

§19328.  Powers and duties of chairman.

It shall be the duty of the chairman of the board of county commissioners to preside at the meetings of said board, and he shall have the power to administer oaths to any person concerning any matter submitted to the board or connected with their powers and duties; and all orders made by the board of county commissioners, and all warrants drawn on the county treasurer, shall be signed by the chairman and attested by the clerk.

R.L. 1910, § 1589.

§19329.  Equal division.

When the board of county commissioners are equally divided on any question, they shall defer a decision until the next meeting of the board, and then the matter shall be decided by a majority of the board.

R.L. 1910, § 1590.

§19330.  Certified copies of proceedings evidence.

Copies of the proceedings of the board of county commissioners, duly certified and attested by the county clerk under seal shall be received as evidence in all courts of this state.

R.L. 1910, § 1591.

§19331.  May punish contempts and issue process.

The board of county commissioners shall have power to preserve order when sitting as a board, and may punish contempts by fines not exceeding Five Dollars ($5.00), or by imprisonment in the county jail not exceeding twentyfour (24) hours; they may force obedience to all orders made by attachment or other compulsory process, and when fines are assessed by them the same may be collected before any justice of the peace having jurisdiction, and shall be paid over as other fines within ten (10) days after they are collected.

R.L. 1910, § 1592.

§19332.  Account with county treasurer.

The said commissioners shall keep a distinct account with the treasurer of the county, in a book provided for that purpose, commencing from the day on which the treasurer became qualified and continuing until the same or another person is qualified as treasurer, in which account they shall charge the treasurer with all sums paid him and for all sums for which the treasurer is accountable to the county, and they shall credit him with all warrants returned and canceled, with all monies paid and with all vouchers presented by him and with all matters with which the treasurer is to be credited on account; and the said board in their settlement with the treasurer shall keep the general, special and road tax separate, that any citizen of the county may see how the same is expended.

R.L. 1910, § 1593.

§19-333.  Record of orders and decisions - Commissioner not serving another term - Duties.

A.  The board of county commissioners shall keep a book in which all orders and decisions made by them shall be recorded, except those relating solely to roads and bridges as required by Section 334 of this title.  All orders for the allowance of money from the county treasury shall state on what account and to whom the allowance is made, dating the same and numbering them consecutively from the first day of January to the thirty-first day of December, inclusive, in each year.

B.  Any county commissioner who fails to file for reelection or is defeated in any primary or general election or by any other manner it is impossible for the commissioner to serve another term in office, shall not acquire, purchase, contract for or dispose of any machinery or equipment, or expend or approve for expenditure any monies for any purpose other than normal or routine operating expenditures except as provided in this section.  It shall be the mandatory duty of the commissioner to execute payment and to pay all outstanding obligations of the county incurred by the commissioner, or on behalf of the commissioner by the board of county commissioners, prior to the expiration of the term of office of the commissioner.  However, in the case of lease-purchase contracts, rental, lease or other payments extending beyond the term of office of the commissioner it shall be the mandatory duty of the commissioner to execute and to make such payments current as of the date of expiration of the term of office of the commissioner.  The commissioner shall be liable both personally and on the official bond of the commissioner for any violation of the mandatory duties herein imposed.

R.L. 1910, § 1594.  Amended by Laws 1953, p. 80, § 1; Laws 1965, c. 387, § 1, emerg. eff. June 30, 1965; Laws 1996, c. 65, § 1, emerg. eff. April 9, 1996.

§19333.1.  Violation of Section 333.

Any county commissioner or person who knowingly or willfully fails or refuses to comply with the provisions of this act shall be guilty of a felony.

Added by Laws 1953, p. 80, § 3.  Editorially renumbered from § 410.1a of this title.  Amended by Laws 1997, c. 133, § 150, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 150 from July 1, 1998, to July 1, 1999.

§19334.  Records relating to bridges and roads.

They shall keep a book for the entry of all proceedings and adjudications relating to bridges, and the establishment, change or discontinuance of roads.

R.L. 1910, § 1595.

§19335.  Record of warrants on county treasurer  Numbering of warrants.

They shall keep a book for the entry of warrants on the county treasurer, showing number, date, amount and name of the payee of each warrant drawn on the treasury, which book may be known as the "Warrant Book", and the warrants shall be numbered in relation to the order and decision allowing the amount for which the same was drawn.

R.L. 1910, § 1596.

§19336.  Warrants uncalled for to be canceled.

The board of commissioners is hereby authorized and required at each regular meeting to cancel and destroy all warrants drawn on any fund of the county that may have remained uncalled for and on file for a period of three years and upwards next preceding the regular meeting at which the cancellation takes place.

R.L. 1910, § 1597.

§19337.  Record of canceled warrants.

Said commissioners before canceling and destroying any such warrants shall cause to be entered in the minutes of their proceedings a brief description thereof, containing the name of the payee, the number, date and amount of each warrant destroyed.

R.L. 1910, § 1598.

§19338.  Lease of county buildings or lands to United States, state or incorporated city or town for airports or public uses.

The board of county commissioners is hereby authorized and empowered to enter into contracts with the authorities of the United States of America, the State of Oklahoma, and any incorporated city or town within the boundary of the county entering into such contract, leasing and letting to the United States of America, the State of Oklahoma, or to any incorporated city or town situated within the boundaries of the county making such contract, or contracts, any county building, or buildings, or lands, belonging to the county, for airports or public uses; and such contract, or contracts, when entered into by the board of county commissioners of any county, with the Governor of the State of Oklahoma, or with the proper authorities of the United States of America, or the proper authorities of any incorporated city or town located within the boundary of the county entering into such contract, shall be valid obligations.  Contracts of like character heretofore entered into, by and between any authorities hereinbefore mentioned, are in all things hereby ratified, confirmed and legalized.

R.L. 1910, § 1599.  Amended by Laws 1941, p. 60, § 1.

§19-339.  General powers of commissioners.

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, 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).  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, state and municipalities with a population less than five thousand (5,000) or with a population less than fifteen thousand (15,000) if the municipality has passed a sales tax with the proceeds earmarked for construction, maintenance, improvement or repair of any of the streets or roadways of the county.  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; and

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

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.

R.L. 1910, § 1600.  Amended by Laws 1949, p. 150, § 1, emerg. eff. May 20, 1949; Laws 1982, c. 249, § 7; Laws 1989, c. 286, § 1, operative July 1, 1989; Laws 1990, c. 183, § 1; Laws 1991, c. 60, § 1, emerg. eff. April 10, 1991; Laws 1993, c. 239, § 14, eff. July 1, 1993; Laws 1994, c. 34, § 1, eff. Sept. 1, 1994; Laws 1995, c. 1, § 4, emerg. eff. March 2, 1995; Laws 1995, c. 172, § 1, emerg. eff. May 9, 1995; Laws 1996, c. 45, § 1, eff. Nov. 1, 1996; Laws 1998, c. 193, § 1, emerg. eff. May 4, 1998; Laws 1999, c. 76, § 1, eff. Nov. 1, 1999; Laws 2000, c. 200, § 1, eff. Nov. 1, 2000; Laws 2001, c. 39, § 1, eff. July 1, 2001; Laws 2001, c. 231, § 1, eff. Nov. 1, 2001; Laws 2002, c. 142, § 1, eff. July 1, 2002; Laws 2003, c. 387, § 2, emerg. eff. June 4, 2003; Laws 2004, c. 5, § 5, emerg. eff. March 1, 2004; Laws 2005, c. 76, § 1, eff. Nov. 1, 2005.

NOTE:  Laws 1994, c. 6, § 3 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.  Laws 2001, c. 22, § 2 repealed by Laws 2001, c. 231, § 6, eff. Nov. 1, 2001.  Laws 2003, c. 230, § 1 repealed by Laws 2004, c. 5, § 6, emerg. eff. March 1, 2004.

§19339.1.  Sale of countyowned property to Oklahoma Historical Society.

The board of county commissioners is hereby authorized and empowered to sell to the Oklahoma Historical Society for purposes of restoration and preservation, countyowned land, sites or structures which have been deemed by the Oklahoma Historical Society to be of historical significance to the state.

Added by Laws 1975, c. 240, § 1, emerg. eff. May 30, 1975.

§19339.2.  Purchase price.

The purchase price of any countyowned land, sites or structures to be sold to the Oklahoma Historical Society shall be determined by the board of county commissioners.

Added by Laws 1975, c. 240, § 2, emerg. eff. May 30, 1975.

§19339.3.  Disposition of funds.

The board of county commissioners shall place all funds received from the sale of land, sites or structures in a special fund to be used for the purchase or construction of facilities for use by the county.  All such funds may be invested by the county treasurer as directed by the board of county commissioners in state or national banks or trust companies upon insured time deposit bearing interest at a rate no less than currently being paid upon insured savings accounts in said institutions or invested in direct obligations of the United States government.

Added by Laws 1975, c. 240, § 3, emerg. eff. May 30, 1975.

§19-339.4.  Environmental remediation of land.

A.  County commissioners may use county funds and resources for environmental remediation of land, including land owned by public trust authorities, if the Department of Environmental Quality certifies, in writing, that the property is polluted or contaminated to such degree that remediation is necessary to restore the environment.  Remediation of the contamination or pollution shall be pursuant to a remediation plan approved by the Department of Environmental Quality.

B.  Unless the Department of Environmental Quality determines that it is unnecessary under the circumstances, the remediation plan shall include a component describing erosion control and revegetation measures to be implemented.  The remediation plan shall not be approved until the erosion control and revegetation measures have been certified as appropriate by the local conservation district.

C.  The county may seek reimbursement for its remediation costs and expenses from state or federal monies or other sources, if any are authorized and available for such purpose.

Added by Laws 2001, c. 231, § 2, eff. Nov. 1, 2001.

§19-339.5.  Landfills - Restrictions and enforcement.

The board of county commissioners of any county in which there is located within an unincorporated area of the county a construction/demolition landfill that receives more than two hundred (200) tons per day of solid waste, or the board of county commissioners of any adjacent county, to the extent that roads in the county commonly provide access to the landfill, may, with respect to unincorporated areas of the county, enact and enforce ordinances and regulations to restrict and control noise, dust and traffic associated with the landfill and to limit the impact of these factors on the aesthetic and economic interests of adjacent or nearby neighborhoods or businesses.

Added by Laws 2001, c. 392, § 1, emerg. eff. June 4, 2001.

NOTE:  Editorially renumbered from Title 19, § 339.4 to avoid a duplication in numbering.

§19-339.6.  Curfew for juveniles - Fine - Community service.

A.  The board of county commissioners of any county of this state having a population of more than five hundred thousand (500,000) persons according to the last federal decennial census, by resolution, may determine a curfew for juveniles that will apply to all unincorporated areas of the county.  The parameters of the curfew shall be determined by the board and all penalty provisions shall comply with the provisions of Title 10 of the Oklahoma Statutes and federal law concerning detention and custody of juveniles.

B.  The board shall provide public notice of the curfew in a newspaper of general circulation in the county.  The notice shall be published once weekly for a period of four (4) continuous weeks.

C.  The county shall correspond and work in conjunction with any appropriate state agency, if assistance is required in producing signs and posting the curfew.

D.  The county shall post curfew information, as determined pursuant to subsections A through C of this section, on the county line marker where any state highway enters a county and at all off-ramps where interstate highways or turnpikes enter a county, unless a state agency has such jurisdiction to properly post signs.  The appropriate board of county commissioners shall reimburse any state agency that may assist for the full cost of the required signage.

E.  Any person convicted of a curfew violation pursuant to this section shall be fined an amount not exceeding Twenty-five Dollars ($25.00).  Any person convicted of a second or subsequent curfew violation shall be fined an amount not exceeding One Hundred Dollars ($100.00), or assigned not more than thirty (30) hours of community service, or both such fine and community service hours.

Added by Laws 2003, c. 110, § 1, eff. Nov. 1, 2003.  Amended by Laws 2004, c. 355, § 1, emerg. eff. May 26, 2004.

§19340.  Investigation of officers  Allowance of compensation, etc.

The board of county commissioners is hereby vested with full power to inquire into and investigate the accounts, disbursements, bills and expenses of any county, district, or township officer, and to that end may subpoena witnesses and in case any witness fails or refuses to obey any lawful order of the board of county commissioners he shall be deemed guilty of a misdemeanor, but in no case shall the board of county commissioners allow any compensation, fee, salary, bills or expenses to any officer or person except when expressly allowed by law.

R.L. 1910, § 1601.

§19-341.  Repealed by Laws 1987, c. 8, § 1, emerg. eff. March 26, 1987.

§19342.  May sell unused lands of county.

The board of county commissioners is authorized to sell any unused town lots or parcels of ground not needed for courthouse or jail purposes of any county to the highest bidder for cash, in the manner hereinafter provided.  Before any such sale shall be made the board of county commissioners, in regular or special session, shall adopt a resolution declaring that said real estate is not needed for courthouse or jail purposes of the county; said resolution to be published with other proceedings of said board and a copy of said resolution shall be certified by the county clerk to the judge of the district court of such county, and said judge shall appoint three disinterested freeholders of said county to appraise said real estate, said appraisement to be returned by said appraisers to the board of county commissioners.

R.L. 1910, § 1603.

§19343.  Notice of sale.

Upon the return of the appraisement, as provided in Section 342 of this title, the board of county commissioners shall give notice by publication in a newspaper of general paid circulation in the county, for two (2) successive weekly issues, that said real estate is about to be sold.

R.L. 1910, § 1604.  Amended by Laws 1976, c. 92, § 1, emerg. eff. May 6, 1976.

§19344.  Sale of real estate - Public auction or sealed bids.

A.  The sale of said real estate may be by public auction held at the county courthouse at the time advertised or by sealed bids.  Sealed bids for said real estate shall be in writing, sealed and delivered to the county clerk of such county.  The county clerk shall preserve the bids unopened until the next regular meeting of the board of county commissioners after the expiration of fifteen (15) days from the date of the first publication, at which the said board of county commissioners shall open such bids and award the said real estate to the highest and best bidder for the real estate.

B.  The real estate shall not be sold for less than eighty percent (80%) of its appraised value, and the boards of county commissioners shall have the power to reject any and all bids.

C.  Proceeds from the sale of said property shall be deposited to the account from which the property was purchased.

R.L. 1910, § 1605.  Amended by Laws 1976, c. 92, § 2, emerg. eff. May 6, 1976; Laws 2001, c. 231, § 3, eff. Nov. 1, 2001.

§19345.  Annual statement to be published.

They shall superintend the fiscal concerns of the county and secure their management in the best manner; they shall keep an account of the receipts and expenditures of the county, and on the first Monday of July annually, they shall cause a full and accurate statement of the assessments, receipts and expenditures of the preceding year, to be made out in detail under separate heads, with an account of all the debts payable to and by the county treasurer, and they shall have the same printed in at least one newspaper in their county, and if there be no paper in the county the same shall be posted up at the usual place of holding their sessions, and at a public place in each precinct in the county.

R.L. 1910, § 1606.

§19346.  County map to be made.

Said board is authorized to procure for their county a copy of field notes, of the original survey of their county by the United States, and cause a map of the county to be constructed therefrom on a scale of not less than one inch to a mile, and laid off in congressional townships and sections, to be kept open in the office of the county clerk, and the field notes to be deposited in the same office.

R.L. 1910, § 1607.

§19347.  Certificates of indebtedness  Issuance, delivery and registration  Investment of bond, note or certificate proceeds  Payment by trust instruction  Limitation of amount, annual expenditure or indebtedness  Warrants.

A.  With respect to counties seeking cash-flow management during any fiscal year, any county may issue and deliver certificates of indebtedness bearing a stated maturity date for the purpose of participating in a short-term cash management program pursuant to the provisions of Section 177.2 of Title 60 of the Oklahoma Statutes to fund the estimated costs of operations, capital expenditures or other lawful costs of the county, or any of its public trusts as operator of its property, for the current fiscal year.  The proceeds of certificates of indebtedness shall be set aside in a separate account and used only for the purpose of meeting expenditures and obligations which would otherwise be lawfully payable from the revenue certified by the county excise board.  As proceeds from the certificates are used to pay such lawful expenditures and obligations, the financial records of the county shall reflect the amounts of these obligations paid with such proceeds so that a like amount of revenue collected and available to the county may be used to repay the certificates of indebtedness, in whole or in part.  The State Auditor and Inspector shall adopt uniform accounting procedures for use by the counties to ensure that the issuance of certificates of indebtedness and the use of the proceeds derived from these certificates will be documented and will not result in a district overspending its authorized budget.  All certificates of indebtedness shall be issued, delivered and registered for payment in the specific manner designated by the State Auditor and Inspector; provided, any such certificates of indebtedness shall be made payable on any date within the then current fiscal year and may be purchased for value through the funding of uncollateralized investments made for the benefit of and on behalf of the county.  Short-term cash management programs of any county may lawfully provide for the investment of note, bond or certificate proceeds by the issuer of the obligations with the benefit and use of such proceeds assured to the county when needed by the county.  Monies remaining in any such investment agreement or investments may be applied to or credited for the payment of the certificate of indebtedness by trust instruction when due in a like and similar manner provided for the transfer of monies by subsection J of Section 5135 of Title 70 of the Oklahoma Statutes.  In no case may a county participate in a short-term cash management program in any given fiscal year beyond that fiscal year.  Monies received by a county pursuant to a short-term cash management program may be used only for those purposes for which other monies of the county may be lawfully expended.

B.  It shall be unlawful for the board of county commissioners to issue any certificate of indebtedness, in any form, in payment of or representing or acknowledging any account, claim, or indebtedness against the county, or to make any contracts for or incur any indebtedness against the county in excess of the amount then unexpended and unencumbered of the sum appropriated for the specific item of estimated needs for such purpose theretofore made, submitted, and approved or authorized for such purpose by a bond issue.  All warrants upon the county treasurer, for a county purpose, shall be issued upon the order of the board of county commissioners, drawn by the county clerk, signed by the chairman of the board, and attested by the signature of the county clerk, with the county seal attached.  Each warrant shall designate the fund, department and appropriation account, and shall further show the nature of the indebtedness acknowledged by the allowance of the claim so paid.  Whenever a county officer holding an elective office will not immediately succeed himself in said office, it shall be unlawful for the board of county commissioners, during the first six months of the fiscal year in which said term of office expires, to approve claims for the operation of said office totaling in excess of onehalf the amount allocated for the operation of said office during said fiscal year, unless approval in writing is obtained from the county excise board, and any claim in excess thereof and any warrant issued pursuant thereto shall be null and void.

R.L. 1910, § 1615.  Amended by Laws 1945, p. 81, § 1; Laws 1961, p. 219, § 1, emerg. eff. June 21, 1965; Laws 1988, c. 180, § 23, emerg. eff. May 31, 1988; Laws 1991, c. 212, § 5, eff. Aug. 1, 1991.

§19348.  Place and manner of holding sessions.

All matters pertaining to the interest of the county shall be heard by the board of county commissioners in open session only and no executive session shall be held by said county commissioners pertaining to any matters coming before them, except in the manner and situations provided by Section 307 of Title 25 of the Oklahoma Statutes.  Where the county has no courthouse, or the courthouse shall be unfit or inconvenient, they may hold their sessions for the transaction of business at any other suitable place in the county seat.  No claim presented to the board of county commissioners shall be laid over longer than to the next regular session, when it shall be finally acted upon.

R.L. 1910, § 1616.  Amended by Laws 1987, c. 150, § 1, emerg. eff. June 24, 1987.

§19-349.  Conveyance of lands to United States, state or political subdivisions - Use for forest reserves, game preserves, parks, etc. - General use.

A.  The county commissioners of counties of the State of Oklahoma are hereby authorized and empowered to execute offers to convey lands and to execute deeds of conveyance on such lands as are owned by such counties, acquired through gift, purchase, condemnation or tax resale, and no longer needed for county purposes, to the United States of America or the state or any political subdivision, public trust of which the county is the beneficiary, community action agency, or council of governments within the county, for a consideration to be determined by such commissioners, to aid the United States of America or the state or any political subdivision, public trust of which the county is the beneficiary, community action agency, or council of governments within the county in the acquisition of such lands by purchase, condemnation or otherwise, required for sites for forest reserves, game preserves, national parks, irrigation or drainage projects, or for needful public buildings, and for any other purpose for the United States Government or the state or any political subdivision, public trust of which the county is the beneficiary, community action agency, or council of governments within the county.  Conveyances of like character heretofore made to the United States Government or the state or any political subdivision, public trust of which the county is the beneficiary, community action agency, or council of governments within the county, are in all things hereby ratified, confirmed and legalized.

B.  The county commissioners of counties of the State of Oklahoma are hereby authorized and empowered to execute deeds of conveyance of such lands as are owned by the counties within the corporate limits of any city or town providing such lands are deemed by the county commissioners of the county to be surplus to the needs of the county.  Any such lands so conveyed may be used by such city or town for any purpose authorized by law or conveyed by such city or town in any manner authorized by law.  Neither the county nor the city or town, in any such transaction, shall be liable for any liens or encumbrances upon said property; however, any such liens or encumbrances shall remain attached to said property until satisfied, discharged or expired by operation of law.

Added by Laws 1937, p. 213, § 1, emerg. eff. March 26, 1937.  Amended by Laws 1963, c. 5, § 1, emerg. eff. Feb. 19, 1963; Laws 1990, c. 67, § 2, emerg. eff. April 16, 1990; Laws 1991, c. 222, § 1, eff. July 1, 1991; Laws 2000, c. 9, § 1, emerg. eff. March 22, 2000; Laws 2004, c. 45, § 1, emerg. eff. April 1, 2004.

§19350.  Holidays county offices to close  Designation.

The county commissioners and members of the county excise board of each county shall designate and publish between the 1st and 20th of January each year which holidays the county offices will be closed.

Added by Laws 1968, c. 275, § 1, emerg. eff. April 30, 1968.

§19-351.  Organization of county fire departments - Participation in Oklahoma Firefighters Pension and Retirement System - Code of minimum rules and regulations - Funds required to be maintained.

A.  The board of county commissioners of each county of this state is hereby authorized to provide firefighting service in the county and for such purpose to use county funds to rent, lease or purchase firefighting equipment and to rent or construct and equip and operate fire stations and to employ necessary personnel to provide such service.  The board of county commissioners shall also have the authority to determine and collect charges for firefighting services performed by the county from any person to whom such services are provided.

B.  The board of county commissioners of each county of this state shall have the power to take by grant, purchase, gift, devise or lease, and to dispose of, any real property for the purpose of acquiring right-of-ways and easements necessary in providing firefighting services to the county, including the construction and maintenance of roads and the installation of dry hydrants.  The board may use county funds and equipment to construct and maintain such roads and to install such dry hydrants.  Provided, nothing in this subsection shall be construed to prohibit the installation of dry hydrants on privately owned property by the owner thereof at the expense of the owner.

C.  The board of county commissioners of each county of this state shall have the authority to use county personnel operating county equipment to fight fires in situations where an emergency is determined to exist, provided the firefighting service is requested by the county civil defense director or upon a request of a rural fire department.

D.  1.  A corporate fire department organized pursuant to the provisions of Section 592 of Title 18 of the Oklahoma Statutes or a county fire department organized pursuant to the provisions of subsection A of this section may petition the board of county commissioners of the county in which the fire department provides protection to convert to a county fire department organized pursuant to the provisions of this subsection.  The petition shall set forth and particularly describe the proposed boundaries of such county fire department and shall be accompanied by a map of such proposed fire department, drawn to a scale of not less than one (1) inch to a mile.  The petition shall also set forth the administration, control and ownership of all the corporate fire department's assets in the event such petition is approved.  Such petition shall be filed with the county clerk of such county who shall present it to the board of county commissioners at their next regular or special meeting.  Upon presentation of such petition, the board of county commissioners shall set the same for hearing at a time not less than twenty (20) days nor more than forty (40) days from the date of presentation and shall direct the county clerk to give notice of such hearing by publication in a newspaper of general circulation in the county in which the proposed county fire department is located.  Such notice shall describe the boundaries of the proposed county fire department, shall state the time and place of the hearing, and shall state that any person may appear and protest the organization of the county fire department or the proposed boundaries thereof.  The board of county commissioners shall hold the hearing described in said notice, and it shall have jurisdiction to hear and determine all protests to the creation of such county fire department and all matters pertaining to the same.  It may amend the plan of such proposed county fire department by excluding from within its boundaries any lands which it may deem will not be benefited by the formation of such county fire department, or by including other lands as a part thereof upon application of the owners of such land; provided, however, it shall not exclude from such district any unincorporated lands which are completely surrounded by lands which are included in the proposed county fire department.  If the board of county commissioners determines that the conversion of such corporate fire department to a county fire department will be conducive to the public safety of the affected area therein, then said board shall give such proposed county fire department a name and shall authorize and approve the organization of said county fire department.

2.  To be eligible to convert to a county fire department formed pursuant to this subsection, a fire department shall have a Public Protection Classification of nine (9) or better from ISO Commercial Risk Services, Inc., limit the size of such volunteer county fire department to not less than six or more than twenty members per fire station, and shall be subject to the laws of the State of Oklahoma regarding the administration and operation of a fire department, including, but not limited to, the laws of the State Department of Labor and the State Fire Marshal Commission.  For purposes of this subsection, a volunteer fire department is one which has in its employ not more than two full-time salaried firefighters.

3.  Directors of a county fire department organized pursuant to this subsection shall be owners of real property in and residents of said district.  At the time of making its order organizing such county fire department, the board of county commissioners shall appoint five directors, one of which shall hold his or her respective office for a term of five (5) years, one of which shall hold his or her respective office for a term of four (4) years, one of which shall hold his or her respective office for a term of three (3) years, one of which shall hold his or her respective office for a term of two (2) years, and one of which shall hold his or her respective office for a term of one (1) year.  On or before January 1, 2002, the board of county commissioners shall, for fire departments which operate more than five fire stations, appoint additional directors of a county fire department until the number of directors equals the number of fire stations operated by that county fire department.  Each additional director shall be appointed by the board of county commissioners for a term that matches the term of one of the first five directors appointed.  Whenever a new fire station is added to a county fire department which has five or more fire stations, the board of county commissioners shall appoint an additional director from that district in which the new fire station has been added.  Each year thereafter, there shall be appointed by the board of county commissioners for a term of five (5) years so many members as are necessary to replace all members whose terms are expiring on the board of directors for such county fire department.

4.  The board of directors of a county fire department organized pursuant to this subsection shall select one of its members to serve as chair and shall appoint a clerk and a treasurer.  The board of directors shall fix the term and duties of the chair, clerk and treasurer.  The chair and members of the board of directors shall serve without compensation.  The treasurer shall give an official bond, in an amount fixed and with sureties approved by the board of county commissioners, conditioned upon the faithful accounting for all money pertaining to the county fire department and coming into his or her hands.

5.  The board of directors of a county fire department organized pursuant to this subsection shall have the following powers and duties:

a. to manage and conduct the business affairs of such county fire department,

b. to make and execute all necessary contracts,

c. to purchase or lease-purchase and maintain all necessary and convenient engines, hoses, hose carts or other appliances and supplies for the full equipment of a fire company or department from available funds,

d. to appoint the fire chief, fire company officers and employees (whether paid or volunteer), sufficient to maintain and operate the equipment owned by the county fire department,

e. to take by grant, purchase, gift, devise or lease, and to dispose of real or personal property of every kind necessary for the operation of the county fire department,

f. to construct or otherwise acquire from available funds suitable firehouses and other buildings or structures suitable for the housing of equipment and supplies of the county fire department, or for carrying on its own business and affairs,

g. to employ such officers and employees as may be required from available funds, fix their compensation and prescribe their duties,

h. to establish rules for such county fire department and for the prevention of fires and conflagrations within the department's boundaries and for the protection of property at and during any fire,

i. to do any and all other things necessary and proper in the management and operation of the county fire department for the purpose of protecting property within its boundaries from fire, and

j. to prepare an annual budget and follow existing laws pertaining to the budget process such as public notice, public hearings, protest periods and filing requirements in the same manner as they apply to other forms of government in Oklahoma.

6.  The board of directors of a county fire department organized pursuant to this subsection may submit an application to include the firefighters of such county fire department in the Oklahoma Firefighters Pension and Retirement System.  The application for participation in the Oklahoma Firefighters Pension and Retirement System shall be submitted in accordance with subsection A of Section 49-105.2 of Title 11 of the Oklahoma Statutes.  For purposes of complying with Sections 49-103 and 49-104 of Title 11 of the Oklahoma Statutes, the chair, clerk and treasurer of the board of directors of the county fire department shall serve on the local firefighters pension and retirement board along with three firefighters of such county fire department elected by the members of the county fire department.  The chair of the board of directors of the county fire department shall be the chair of the local board of the county fire department and the clerk of the board of directors of the county fire department shall be the secretary of the local board of the county fire department.  The chair of the local board of the county fire department shall have a casting vote with the members of the local board of the county fire department only when necessary to avoid a tie vote.  The local board of the county fire department shall promulgate such rules as may be necessary to ensure the orderly conduct of a local board meeting.  While participating in the Oklahoma Firefighters Pension and Retirement System, the board of directors, local board and fire chief of the county fire department shall perform all administrative requirements of the pension system.

7.  Any board of directors of a county fire department organized pursuant to this subsection having volunteers enrolled as members of such county fire department shall adopt a code of minimum rules and regulations in substantial compliance with the following:

a. Fire chief.

(1) The fire chief shall be at the head of the department, subject to the laws of the State of Oklahoma, rules of the board of directors, and the rules and regulations herein adopted.

(2) The fire chief shall be held responsible for the general condition and efficient operation of the department, the training of members, and the performance of all other duties imposed upon him or her by law or the board of directors.

(3) The fire chief may inspect or cause to be inspected by members of the department, the fire hydrants, cisterns and other sources of water supply at least twice a year.

(4) The fire chief shall maintain a library or file of publications on fire prevention and fire protection and shall make use of the library or file to the best advantage of all members.

(5) The fire chief shall make every effort to attend all fires and direct the officers and members of the fire department in the performance of their duties.

(6) The fire chief shall see that the citizens are kept informed on fire hazards within the boundaries of the department and on the activities of the department.

(7) The fire chief shall see that each fire is carefully investigated to determine its cause, and in the case of suspicion of incendiarism shall notify proper authorities.  The fire chief shall secure and preserve all possible evidence for future use in the case of a suspicious incendiarism.

(8) The fire chief shall file the appropriate activity report forms with the Office of the State Fire Marshal in Oklahoma City on an annual basis.  The activity report forms shall be designed by the State Fire Marshal and shall include, but not be limited to, the amount of property and vehicle fire loss, types of fires, inspections and investigations.  The report shall include notification of all fire-related civilian deaths and injuries in the respective jurisdiction and of firefighter deaths in the line of duty and of firefighter injuries in the line of duty requiring the services of a hospital or physician or both.

b. Assistant fire chief.

In the absence of the fire chief, the assistant fire chief on duty shall command the department and be held responsible therefore in all respects with the full powers and responsibilities of the fire chief.

c. Company officers.

The company officers shall be selected upon their ability to meet the following requirements:

(1) their knowledge of firefighting,

(2) their leadership ability, and

(3) their knowledge of firefighting equipment.

d. Secretary-treasurer.

One member elected by the fire department shall be secretary-treasurer.  His or her duties shall consist of the following:

(1) calling the roll at the opening of each meeting,

(2) keeping the minutes of each meeting, and

(3) collecting any money due the department by the members.

e. New members.

(1) An applicant of a participating county fire department of the Oklahoma Firefighters Pension and Retirement System shall meet the membership requirements of the Oklahoma Firefighters Pension and Retirement System before he or she may be appointed as a new member of the county fire department.

(2) A new member shall be on probation for one (1) year after his or her appointment.

(3) A new member of a participating county fire department of the Oklahoma Firefighters Pension and Retirement System shall be immediately enrolled as a member of the Oklahoma Firefighters Pension and Retirement System regardless of whether such member has completed his or her probation period.

(4) The majority of the fire department members must approve new volunteer members upon completion of their probation period.

f. Bylaws.

The bylaws of the department shall include:

(1) All volunteer firefighters are required, when notified, to respond to fire alarms and other emergencies.

(2) A volunteer firefighter is required to be present at all regular meetings, call meetings and schools presented for the benefit of the firefighters.

(3) There shall be at least one regular business meeting each month.

(4) Any volunteer firefighter having two unexcused absences in succession or three unexcused absences in a period of three (3) months will be dropped from the fire department rolls.

(5) Volunteer firefighters leaving the boundaries of the department for an extended period of time will be required to notify the fire chief.

(6) Any volunteer firefighter refusing to attend training classes provided for him or her will be dropped from the fire department rolls.

(7) Any volunteer member of the fire department shall be dropped from the fire department rolls for the following offenses:

(a) conduct unbecoming a firefighter,

(b) any act of insubordination,

(c) neglect of duty,

(d) any violation of rules and regulations governing the fire department, or

(e) conviction of a felony.

8. a. A county fire department organized pursuant to the provisions of this subsection shall maintain, according to its own accounting needs, some or all of the funds and account groups in its system of accounts that are consistent with legal and operating requirements and as prescribed by the State Auditor and Inspector.  The required funds may include, but not be limited to:

(1) a general fund, to account for all monies received and disbursed for general department purposes, including all assets, liabilities, reserves, fund balances, revenues and expenditures which are not accounted for in any other fund or special ledger account,

(2) special revenue funds, as required, to account for the proceeds of specific revenue sources that are restricted by law to expenditures for specific purposes,

(3) a capital improvement fund, to account for financial resources segregated for acquisition, construction or other improvement related to capital facilities, and

(4) a ledger or group of accounts in which to record the details relating to the general fixed assets of the county or department.

b. Funds raised by a nonprofit organization for the purpose of supporting the fire protection services of a county fire department organized pursuant to the provisions of this subsection, whether such funds were raised before or after a corporate fire department converts to a county fire department, shall not be commingled with public funds and shall be used only for designated benevolent or charitable purposes, including, but not limited to, fire protection purposes.

1. No expenditure may be authorized or made by any employee or member of the board of directors of a county fire department organized pursuant to the provisions of this subsection which exceeds any fund balance of any fund of the budget as adopted or amended or which exceeds the appropriation for any fund of the budget as adopted or amended.  Any balance remaining in a fund at the end of the budget year shall be carried forward to the credit of the fund for the next budget year.  It shall be unlawful for any employee or member of the board of directors of a county fire department organized pursuant to the provisions of this subsection in any budget year to create or authorize creation of a deficit in any fund.

Added by Laws 1953, p. 32, § 2, emerg. eff. June 8, 1953.  Amended by Laws 1957, p. 120, § 1, emerg. eff. May 9, 1957; Laws 1986, c. 171, § 1, emerg. eff. May 9, 1986; Laws 1990, c. 67, § 1, emerg. eff. April 16, 1990; Laws 1996, c. 65, § 2, emerg. eff. April 9, 1996; Laws 1998, c. 299, § 3, emerg. eff. May 28, 1998; Laws 2001, c. 189, § 1, eff. Nov. 1. 2001.

§19351.1.  Agreements for fire protection services by municipalities  Charges.

The board of county commissioners of each county may enter into agreements with any city, town or municipality for the furnishing of fire protection services by said city, town or municipality for all persons and property in areas outside the corporate limits of such city, town or municipality and to pay for such fire protection services a reasonable amount on a per run basis, or such other equitable basis as may be agreed upon, and to pay for such services from funds of the county general fund or the county highway fund.  The board of county commissioners of each county may also enter into reciprocal agreements with other counties for fire protection services.  The board of county commissioners shall also have the authority to collect charges for firefighting services performed by a city, town, municipality or another county, pursuant to the provision of this section, from any person to whom such services are provided.  Said funds shall be disbursed to the entities providing services.

Added by Laws 1967, c. 249, § 1, emerg. eff. May 8, 1967.  Amended by Laws 1980, c. 39, § 1, emerg. eff. March 26, 1980; Laws 1986, c. 171, § 1, emerg. eff. May 9, 1986; Laws 1992, c. 397, § 11, eff. July 1, 1992.

§19351.2.  Exemptions.

Fire Protection Districts are excluded from the provisions of this act.

Added by Laws 1986, c. 171, § 3, emerg. eff. May 9, 1986.

§19-351.3.  Agreements with corporate fire department in unincorporated area or rural fire protection district for fire protection services.

The board of county commissioners of each county may enter into agreements with any nonprofit volunteer or full-time fire department organized pursuant to Section 592 of Title 18 of the Oklahoma Statutes or any rural fire protection district created pursuant to the provisions of Sections 901.1 through 901.29 of this title for the furnishing of fire protection services by such entities for all persons and property located in the unincorporated areas of the county.  The board of county commissioners of each county may pay for such fire protection services on such equitable basis as may be agreed upon and the costs of such fire protection services may be paid out of the county general fund or the county highway fund.

Added by Laws 1992, c. 54, § 1, eff. July 1, 1992.

§19-352.  Repealed by Laws 1957, p. 120, § 2.

§19352.1.  Agreements with senior citizen centers to provide certain services to certain individuals.

The board of county commissioners of each county may enter into agreements with any local senior citizen center which meets federal regulations for the furnishing of services for those county residents who by reason of age, infirmity or misfortune may have claims upon the sympathy and aid of the county and to pay for such services from funds of the county duly appropriated therefor.

Added by Laws 1982, c. 367, § 2, emerg. eff. July 14, 1982.

§19-353.  Repealed by Laws 1957, p. 120, § 2.

§19353.1.  Counseling services for certain persons.

A.  Upon the availability of county funds, the board of county commissioners of each county and the sheriff of each county are hereby authorized to hire counselors or contract for services of counselors for the purpose of providing counseling services to victims of crime, relatives of crime victims, witnesses to crimes, inmates in county jails, mental health detainees in the custody of the county and county employees whose official duties relate to law enforcement or mental health, or immediate family members of such employees; provided, such counseling services shall not be provided at county expense for county employees or immediate family members thereof except for counseling services necessary as a direct result of such employee's performance of official duties.

B.  For purposes of this section:

1.  "Counselor" includes but is not limited to a licensed professional counselor as defined in the Licensed Professional Counselors Act, psychologist, social worker, chaplain, psychiatrist or any other person trained or experienced in providing counseling services; and

2.  "Chaplain" means an ordained or authorized preacher, minister, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized to preach by the church to which he belongs.

Added by Laws 1987, c. 155, § 1, eff. Nov. 1, 1987.  Amended by Laws 1991, c. 296, § 30, eff. Sept. 1, 1991.

§19354.  Transportation and distribution of commodities donated to county or school district.

The board of county commissioners of any county of this state shall have authority, in their discretion, to use and operate any trucks or automobiles owned by the county in transporting from any point in the State of Oklahoma to said county, or in transporting or distributing within said county, any commodities or items of value donated to the said county or any school district therein by or through the State of Oklahoma, the United States, or any agency or instrumentality of either, for redistribution to eligible recipients.  The board shall also have authority to hire clerical help, rent office and storage facilities, and provide other necessary functions for the receipt and distribution of any such commodities, and the cost of such expenses may be paid either from the county highway funds or from the general fund of the county.

Added by Laws 1955, p. 158, § 1.  Amended by Laws 1965, c. 67, § 1; Laws 1965, c. 498, § 1.

§19-355.  Repealed by Laws 1965, c. 498, § 2.

§19-356.  Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989.

§19357.  Provisions cumulative.

The provisions of this act are declared to be cumulative to existing laws.

Added by Laws 1955, p. 158, § 4.

§19358.  Transportation of scouts and supervisors.

Authority is hereby granted to each board of county commissioners in this state to permit the use of county owned vehicles for the transportation of Boy Scouts and/or Girl Scouts and their supervisors to and from any Boy Scout and/or Girl Scout camp.

Added by Laws 1963, c. 192, § 1, emerg. eff. June 10, 1963.  Amended by Laws 1991, c. 296, § 31, eff. Sept. 1, 1991.

§19-359.  Improvements upon school grounds.

The board of county commissioners may provide to public schools within the county such countyowned machinery and equipment to make improvements upon school grounds.  The expense of operation, including operating personnel, may be billed to the school district requesting such improvements on an actual cost basis.  The expense of the materials supplied for the improvements shall be paid from school funds.

Added by Laws 1978, c. 83, § 1.  Amended by Laws 2003, c. 39, § 1, eff. Nov. 1, 2003.

§19-360.  Dilapidated buildings in unincorporated areas - Tearing down and removal.

The board of county commissioners of any county in this state with a population in excess of five hundred fifty thousand (550,000) may cause dilapidated buildings within the unincorporated area of the county to be torn down and removed in accordance with the provisions in this section.

1.  At least ten (10) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the board of county commissioners holds a hearing.  A copy of the notice shall be posted on the property to be affected.  In addition, a copy of said notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer.  Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last-known address of the mortgagee.  At the time of mailing of notice to any property owner or mortgage holder, the county shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  However, if neither the property owner nor mortgage holder can be located, notice shall be given by posting a copy of the notice on the property, and by publication in a newspaper having a general circulation in the county.  Such notice shall be published once not less than ten (10) days prior to any hearing or action by the board of county commissioners pursuant to the provisions of this section.

2.  A hearing shall be held by the board of county commissioners to determine if the property is dilapidated and has become detrimental to the health, safety, or welfare of the general public and the community, or if said property creates a fire hazard which is dangerous to other property.

3.  Pursuant to a finding that the condition of the property constitutes a detriment or a hazard and that the property would be benefited by the removal of such conditions, the board of county commissioners may cause the dilapidated building to be torn down and removed.  The board of county commissioners shall fix reasonable dates for the commencement and completion of the work.  The board of county commissioners shall immediately file a notice of dilapidation and lien with the county clerk describing the findings of the board at the hearing, and stating that the county claims a lien on said property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of said notice.  The agents of the county are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the county if the work is not performed by the property owner within dates fixed by the board.

4.  The board of county commissioners shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings including the cost of notice and mailing.  The county clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail to the property owner.  In addition, a copy of said statement shall be mailed to any mortgage holder at the address provided for in paragraph 1 of this section.  At the time of mailing of the statement of costs to any property owner or mortgage holder, the county shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  If a county dismantles or removes any dilapidated buildings, the costs to the property owner shall not exceed the actual cost of the labor, maintenance, equipment, and any other expenses required for the dismantling and removal of the dilapidated buildings.  If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.  All costs and expenses may be paid from the general fund of the county.

5.  When payment is made to the county for costs incurred, the board of county commissioners shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six (6) months from the date of the mailing of the statement to the owner of such property, the board shall forward a certified statement of the amount of the cost to the county treasurer of said county.  Said costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law.  Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the county clerk.  In addition the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk.  Said lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property.  The lien shall continue until the cost is fully paid.  At the time of collection, the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property.  Said fee shall be deposited to the credit of the general fund of the county.  At any time prior to collection as provided for in this paragraph, the county may pursue any civil remedy for collection of the amount owing, interest and costs thereon including an action in personam against the property owner and an action in rem to foreclose its lien against the property.  A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section.  Upon receiving payment, by civil remedy the board of county commissioners shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.

6.  The board of county commissioners may designate, by resolution, an administrative officer or administrative body to carry out the duties of the board of county commissioners specified in this section.  The property owner shall have the right of appeal to the board from any order of the administrative officer or administrative body.  Such appeal shall be taken by filing written notice of appeal with the county clerk within ten (10) days after the administrative order is rendered.

7.  For the purposes of this section, "dilapidated building" means a structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that said structure is a hazard to the health, safety, or welfare of the general public.  "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.

8.  Nothing in the provisions of this section shall prevent the county from abating a dilapidated building as a nuisance or otherwise exercising its duties to protect the health, safety, or welfare of the general public.

9.  The officers, employees or agents of the county shall not be liable for any damages of loss of property due to the removal of dilapidated buildings performed pursuant to the provisions of this section or as otherwise prescribed by law.

Added by Laws 1992, c. 22, § 1, emerg. eff. March 30, 1992.

§19-361.  Repealed by Laws 1974, c. 153, § 17-114, operative Jan. 1, 1975.

§19-362.  Repealed by Laws 1974, c. 153, § 17-114, operative Jan. 1, 1975.

§19-363.  Repealed by Laws 1974, c. 153, § 17-114, operative Jan. 1, 1975.

§19-364.  Repealed by Laws 1974, c. 153, § 17-114, operative Jan. 1, 1975.

§19-365.  Solid waste management - Authority of political subdivisions - Condemnation proceedings.

A.  Pursuant to Section 2-10-102 of Title 27A of the Oklahoma Statutes, it is the policy of this state to regulate the management of solid waste in order to protect the public health, safety and welfare.  For this purpose and for purposes of this section, the collection of solid waste shall be a matter of statewide interest.

B.  For the purpose of this section "political subdivision" shall include counties and trusts that provide or contract for solid waste collection services.

C.  No political subdivision shall displace or pass an ordinance to displace a private company providing solid waste collection service without first:

1.  Holding at least one public hearing seeking comment on the advisability of the political subdivision providing such service;

2.  Providing at least forty-five (45) days' written notice of the hearing, delivered by first-class mail to all private solid waste collection companies which provide service in the political subdivision; and

3.  Providing public notice of the hearing.

Following the final public hearing held pursuant to this section, but in no event longer than one (1) year after the date of the hearing, if the political subdivision elects to provide such solid waste collection services and displace the private solid waste collection company, the political subdivision shall purchase by condemnation the private solid waste collection services as set forth in this section.

D.  A political subdivision shall have the authority to acquire by purchase, donation, or condemnation such interests in any private company providing solid waste collection services operating within the limits of the political subdivision.  The political subdivision shall give the owner of the displaced private solid waste collection company the opportunity to sell the displaced private solid waste collection services to the political subdivision at an agreed upon or negotiated price or the political subdivision may acquire the business by condemnation as provided in this section.

E.  If the political subdivision seeks to condemn the displaced private solid waste collection services, the district judge of the county in which the displaced services are located, upon petition of either party, shall direct the sheriff of the county to summon three disinterested freeholders, to be selected by the judge as commissioners, and who shall not have a conflict of interest.  The commissioners shall be sworn to perform their duties impartially and justly.  The commissioners shall inspect the company and the displaced services and consider the injury which the owner may sustain by reason of the condemnation, and they shall assess the just compensation to which the owner is entitled.  The commissioners shall make a report in writing to the clerk of the court, setting forth the quantity, boundaries, and just compensation for the property or services taken, and amount of injury done to the business, either directly or indirectly, which they assess to the owner.  The report shall be filed and recorded by the clerk.

F.  Immediately upon payment to the clerk of the court of the sum assessed by the commissioners, the political subdivision shall be authorized to collect solid waste in the area serviced by the owner of the business.  If the owner refuses to cease collection of solid waste pursuant to this section, the court shall issue an order, upon proof, enjoining the owner from collecting solid waste in the areas subject to such condemnation.

G.  The report of the commissioners may be reviewed by the district court, on written exceptions filed by either party in the clerk's office within thirty (30) days after the filing of the report.  The court, after a hearing, shall make such order as right and justice may require, either by confirmation, rejection, or by ordering a new appraisal on good cause shown.  In the event a new appraisement is ordered, the political subdivision shall have the continuing right of possession obtained under the first appraisal, unless and until its right to condemn has finally been determined otherwise.  Either party may, within sixty (60) days after the filing of such report, file with the clerk a written demand for a trial by jury, in which case the amount of damages shall be assessed by a jury, and the trial shall be conducted and judgment entered in the same manner as civil actions in the district court.  If the party demanding the trial does not recover a verdict more favorable to such party than the assessment of the commissioners, all costs in the district court shall be taxed against such party.  If, after the filing of exceptions to the report of commissioners as provided in this section, the political subdivision shall fail to establish its right to condemn such business, the owner shall be restored to possession of the business, or part thereof, and the political subdivision shall pay the owner for any damages sustained through the occupation by the political subdivision.  If such damages cannot be determined by amicable settlement, the damages shall be determined by jury trial in the same proceedings.

H.  Either party aggrieved may appeal to the Supreme Court from the decision of the district court on exceptions to the report of commissioners, or jury trial.  The review or appeal shall not delay the work of the political subdivision in question if the award of commissioners, or jury, as the case may be, has been deposited with the clerk for such owner.  In no case shall the political subdivision be liable for the costs on the review or appeal unless the owner of the business shall be adjudged entitled, upon either review or appeal, to a greater amount of damages than was awarded by the commissioners.  The political subdivision shall in all cases pay the cost of the commissioners' fees and expenses, for their services, as determined and ordered paid by the judge of the district court in which such case is pending.  However, poundage fees and condemnation fees shall only be paid by the political subdivision in the event of appeal resulting in a jury verdict in excess of the commissioners' award.  Under no circumstances shall any poundage fees or condemnation fees be assessed against the recipient of the award.  In case of review or appeal, a certified copy of the final order or judgment shall be transmitted by the clerk of the court to the county clerk and be filed.

I.  As used in this section:

1.  "Displace" or "displacement" means a political subdivision's provision of a service which prohibits a private company from providing the same service and which the company is providing at the time the decision to displace is made.  Displace or displacement does not mean:

a. competition between the political subdivision and private companies for individual contracts,

b. situations where a political subdivision, at the end of a contract with a private company, does not renew the contract and either awards the contract to another private company, or, decides to provide for such services itself,

c. situations where action is taken against the private company because the company has acted in a manner threatening to the public health, safety and welfare of the citizens of the political subdivision or resulting in a substantial public nuisance,

d. situations where action is taken against the private company because the company has materially breached its contract with the political subdivision, or

e. entering into a contract with a private company to provide solid waste collection so long as the contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing solid waste collection;

2.  "Just compensation" means the value of the business taken, and in addition, any injury to any part of the business not taken.  Any special and direct benefits to the part of the business not taken may be offset only against any injury to the business not taken.  If only a part of the business is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole business immediately before the taking and the fair market value of that portion left remaining immediately after the taking; and

3.  "Solid waste" shall have the same meaning as provided in Section 2-10-103 of Title 27A of the Oklahoma Statutes.

Added by Laws 1999, c. 52, § 1, eff. Nov. 1, 1999.

§19371.  Authorization to contract for ambulance service  Liability insurance  Immunity  Pension benefits.

(a)  The board of county commissioners of any county may contract for ambulance service with any city, town, county, person, firm or corporation or combination of them under such terms and conditions as may be agreed upon between the parties.  Such contracts shall provide for the carrying of liability insurance in such amount as may be fixed and may provide for minimum standards of service and equipment.

(b)  Cities, towns and counties engaged in ambulance or emergency service shall be agents of the State of Oklahoma, acting solely and alone in a governmental capacity, and shall not be liable for any act of commission, omission or negligence while so engaged.

(c)  Any employee of any city, town or county engaging in ambulance or emergency service at any time or place shall be considered to be serving in regular line of duty and shall be entitled to all the benefits of any pension fund to which he might otherwise be entitled.

Added by Laws 1968, c. 306, § 1, emerg. eff. May 7, 1968.  Amended by Laws 1974, c. 151, § 1, emerg. eff. May 3, 1974.

§19372.  Minimum standards for operation and equipment  Personnel  Charges  Audits.

If the board(s) of county commissioners, and the governing body of any city(ies) or town(s) shall enter into any contract as provided in Section 1, then the board(s) of county commissioners and the governing body of any city(ies) or town(s) shall, by resolution, establish a minimum of standards for the operation and equipping of said ambulances and for the qualifications and training of any personnel operating said ambulances within the county(ies).  The board(s) of county commissioners and/or governing body of any city(ies) or town(s) shall also have the authority to establish by resolution the minimum charge to be made by any ambulance operator with which it has a contract and to provide for an audit of the books and the records of said operator.  Said regulations shall be in compliance with, or exceed, applicable state laws, rules and regulations.

Added by Laws 1968, c. 306, § 2, emerg. eff. May 7, 1968.

§19376.  Electronic data processing equipment authorized  Manner of handling.

A.  Until January 1, 1983, the board of county commissioners of any county in the State of Oklahoma may acquire electronic data processing equipment by purchase, lease or transfer, and may provide for the operation, maintenance, repair and utilization of such electronic data processing equipment as shall be necessary to conduct the county's business, or may enter into a contract for computer services with a capable data processing company, to provide systems designs and analysis for all county officials.

The board of county commissioners shall determine the most effective manner of handling the county's data processing needs, either by outright purchase or lease of equipment or entering into a contract for computer services, and shall offer data processing advisory service to all county elected officials.

B.  Beginning January 1, 1983, each county purchasing agent may acquire electronic data processing equipment by purchase, lease or transfer, and may provide for the operation, maintenance, repair and utilization of such electronic data processing equipment as shall be necessary to conduct the county's business, or may enter into a contract for computer services with a capable data processing company, to provide systems designs and analysis for all county officials upon approval of the board of county commissioners.

The county purchasing agent shall determine the most effective manner of handling the county's data processing needs, either by outright purchase or lease of equipment or entering into a contract for computer services, and shall offer data processing advisory service to all county elected officials.

Added by Laws 1970, c. 301, § 1, emerg. eff. April 21, 1970.  Amended by Laws 1982, c. 249, § 8.

§19377.  Technician.

The board of county commissioners of any county may employ a competent data processing technician, who shall perform the duties of data processing management as prescribed and directed by the board of county commissioners, and such data processing technician shall not be employed beyond the term of office of the board of county commissioners employing him.  The said data processing technician shall receive as compensation a salary to be fixed by the board of county commissioners for his services, to be paid out of the general operating fund of the county.  The compensations of the director and such personnel shall not be governed by the "Comprehensive Salary Code".

The data processing technician shall be covered by the county blanket bond.

Added by Laws 1970, c. 301, § 2, emerg. eff. April 21, 1970.  Amended by Laws 1980, c. 180, § 1, emerg. eff. May 13, 1980.

§19378.  Contracts with public trust.

A.  Until January 1, 1983, nothing in Sections 376 or 377 of this title shall be interpreted as prohibiting a county, acting through the authority of the board of county commissioners, from contracting with an established public trust which has been or may be created pursuant to the provisions of Sections 176 et seq. of Title 60 of the Oklahoma Statutes for the purpose of providing to all county offices, departments and agencies electronic data processing services.

B.  Beginning January 1, 1983, nothing in Sections 376 or 377 of this title shall be interpreted as prohibiting a county purchasing agent, upon approval of the board of county commissioners, from contracting with an established public trust which has been or may be created pursuant to the provisions of Sections 176 et seq. of Title 60 of the Oklahoma Statutes for the purpose of providing to all county offices, departments and agencies electronic data processing services.

Added by Laws 1970, c. 301, § 3, emerg. eff. April 21, 1970.  Amended by Laws 1982, c. 249, § 9.

§19381.  Questions to be submitted to popular vote.

They shall submit to the people of the county at any regular or special election any question involving any extraordinary outlay of money by the county or any expenditures greater in amount than can be provided for by the annual tax, or whether the county will construct any courthouse, jail, or other public buildings, or aid or construct any road or bridge, and may aid any enterprise designed for the county, whenever a majority of the people thereof shall authorize the same as hereinafter provided.  Provided that, for the purposes of this section the term "public buildings" shall include, but not be limited to, a county rest home, which shall be defined as any home, establishment, or institution owned and operated by the county in which there is offered or provided personal care and supervision to persons who are unable to care completely for themselves.

R.L. 1910, § 1608.  Amended by Laws 1965, c. 12, § 1, emerg. eff. Feb. 15, 1965.

§19382.  Additional tax voted, when.

When county warrants are at a depreciated value, the said commissioners may in a like manner submit the question whether a tax of a higher rate than that provided for shall be authorized; and in all cases when an additional tax is laid in pursuance of a vote of the people of the county, or for constructing or ordering to be constructed any road or bridge, or for aiding in any enterprise contemplated by the preceding section, such special tax shall be paid in money and in no other manner.

R.L. 1910, § 1609.

§19383.  Mode of submitting questions to voters.

The mode of submitting questions to the people contemplated by the last two sections shall be the following:  The whole question, including the sum desired to be raised, the amount of tax desired to be authorized, the rate per annum, and the whole regulation, including the time of its taking effect or having operation, if it be of a nature which can be set forth, and the penalty of its violation if there be one, is to be published at least four (4) weeks in some newspaper published in the county.  If there be no such newspaper, the publication is to be made by posting up in at least one of the most public places in each election precinct in the county; and in all cases the notices shall name the time when such question will be voted upon, and the form in which the question shall be taken, and a copy of the question submitted shall be posted up at each place of voting during the day of election.

R.L. 1910, § 1610.

§19384.  Tax levy.

When the question submitted involves the borrowing or expenditure of money the proposition of the question must be accompanied by a proposition to authorize a tax for the payment thereof in addition to the usual taxes provided for by law; and no vote adopting the question proposed shall be valid unless it likewise adopts the amount of tax to be authorized to meet the liability incurred.

R.L. 1910, § 1611.

§19385.  Proceedings when proposition carries.

The commissioners being satisfied that the above requirements have been substantially complied with, and that a majority of votes were cast in favor of the proposition submitted, shall cause the same to be entered at large upon the book containing the record of their proceedings.  Propositions thus acted upon cannot be rescinded by the board of county commissioners.

R.L. 1910, § 1612.

§19386.  Additional levy a distinct fund.

Money raised by the county commissioners in pursuance of the last four sections is specially appropriated and constitutes a fund distinct from all others, in the hands of the county treasurer until the obligations assumed are discharged.

R.L. 1910, § 1613.

§19387.  Unexpended balance of special fund.

Whenever there remains in the treasury of any county an unexpended balance of any special fund, and all claims against such funds have been fully paid, and the purpose for which it was created has been fully observed, and there remains no further use for such balance for the purpose for which it was created, it shall be lawful for the board of county commissioners of such county to transfer such balance to any other fund of the county or subdivision to which such balance belonged.

R.L. 1910, § 1614.

§19401.  Rental of quarters  Attendants, fuel, light and stationery.

In any county where there is no courthouse or jail erected by the county, or where those erected have not sufficient capacity, it shall be the duty of the board of county commissioners to provide for court room, jail, and offices for the following named officers:  sheriff, treasurer, register of deeds, district clerk, county clerk, district attorney, superintendent of public schools and judge of the district court, to be furnished by the county in a suitable building or buildings, for the lowest rent to be obtained at the county seat, or to secure and occupy suitable rooms at a free rent within the limits of the county seat or any of the additions thereto, until such county builds a courthouse.  They shall also provide the courts appointed to be held therein, with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business.  If the commissioners neglect, the court may order the sheriff to make such necessary provision, and the expenses incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.

R.L. 1910, § 1617.

§19401.1.  Courtroom, office space and other facilities in city other than county seat.

In any city other than the county seat, within the county, which has been designated as a court or court division city under authority of Sections 95.1 through 95.5, inclusive, of Title 20 of the Oklahoma Statutes, the board of county commissioners may provide suitable and adequate courtroom and office space for the judges of the district court and attendants, for the court clerk and staff, and for a branch of the county law library where established under Section 1202 of Title 20 of the Oklahoma Statutes, to be furnished by the county in a suitable building in such city.

The board of county commissioners shall also furnish electricity, water, other utilities, toilet facilities and janitorial service, suitable and sufficient for the transaction of court business in such facilities.

Added by Laws 1983, c. 40, § 1.

§19402.  Courtrooms rented to be approved by court.

The power to rent courtrooms shall only extend to such rooms as the court using the same may approve.

R.L. 1910, § 1618.

§19-403.  Repealed by Laws 1974, c. 153, § 17-114, operative Jan. 1, 1975.

§19-410.1.  Repealed by Laws 1955, p. 158, § 11.

§19-410.1a.  Editorially renumbered as § 333.1 of this title.

§19-410.2.  Repealed by Laws 1955, p. 158, § 11.

§19-410.3.  Repealed by Laws 1955, p. 158, § 11.

§19-410.4.  Repealed by Laws 1955, p. 158, § 11.

§19-410.5.  Repealed by Laws 1955, p. 158, § 11.

§19-410.6.  Repealed by Laws 1955, p. 158, § 11.

§19-410.7.  Repealed by Laws 1955, p. 158, § 11.

§19-410.8.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.9.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.10.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.11.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.12.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.13.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.14.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.15.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.16.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.17.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-410.18.  Repealed by Laws 1993, c. 105, § 3, emerg. eff. April 23, 1993.

§19-411.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-412.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-413.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-414.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-415.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-416.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-417.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-418.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19-419.  Repealed by Laws 1947, p. 213, § 7, emerg. eff. May 21, 1947.

§19421.  Entry on minutes  Matters to be entered.

From and after the effective date of this act, each board of county commissioners of the several counties in the state shall within thirty (30) days after the disposition of any tools, apparatus, machinery, and equipment belonging to the county or leased or otherwise let to it or any department thereof, the original cost of which is more than Two Hundred Fifty Dollars ($250.00), whether sold, exchanged, junked, leased or let where authorized by statute, shall enter, or cause to be entered, in the minutes of the proceedings of the board the fact of such disposition, including complete description of item, serial number, the date property was acquired, the name and address of the person or firm from whom property was acquired, the cost price at time of acquisition or contract price if acquired under leaserental agreement, the date of disposition, the name and address of the person or firm to whom property transferred, the price received therefor and the reason for disposition.

Added by Laws 1953, p. 81, § 1, emerg. eff. June 1, 1953.

§19-421.1.  Trade-in of certain property - Procedure for sale of certain county property.

A.  The board of county commissioners is hereby authorized to use any tools, apparatus, machinery or equipment belonging to the county, the original cost of which exceeded Two Hundred Fifty Dollars ($250.00), as a trade-in on a cash purchase or lease purchase of any other tools, apparatus, machinery or equipment.

B.  To establish an appraised value for an item to be sold at public auction, the purchasing agent may refer to an industry-recognized appraisal manual for used construction equipment to estimate the value of the item being sold, or obtain appraisal quotes from at least two vendors in the business of selling items like the one being sold.

C.  Except when such items are disposed of pursuant to subsection F of this section, the following procedures shall be used for the sale, by the board of county commissioners, of any tools, apparatus, machinery or equipment, the original cost of which exceeded Two Hundred Fifty Dollars ($250.00), belonging to the county:

1.  The board of county commissioners shall give notice of such sale by publication in a newspaper of general paid circulation in the county for two (2) successive weekly issues;

2.  Bids for such tools, apparatus, machinery or equipment on sale shall be in writing, sealed and delivered to the county clerk of such county;

3.  At the next regular meeting of the board of county commissioners after the expiration of fifteen (15) days from the date of first publication of notice of the sale, the board of county commissioners shall open such bids and award such tools, apparatus, machinery or equipment to the highest and best bidder with the option of rejecting all bids; and

4.  The board of county commissioners may hold a public auction in lieu of advertising for sealed bids as provided above.  Such auction shall be advertised as provided herein.

D.  A board of county commissioners may sell any materials, tools, apparatus, machinery or equipment to a state agency, if the agency is subject to the Oklahoma Central Purchasing Act, or to a political subdivision of the state if the political subdivision is subject to such act or a similar competitive bidding procedure.  The board of county commissioners may purchase materials, tools, apparatus, machinery or equipment from a state agency, if the agency is subject to the Oklahoma Central Purchasing Act, or from a political subdivision of the state if the political subdivision is subject to such act or a similar competitive bidding procedure.

E.  The board of county commissioners may, by resolution, enter into an agreement with any other county or political subdivision for the purpose of selling, transferring, trading or otherwise disposing of equipment or materials.

F.  Advertisement of surplus property consigned to sell at a Circuit Engineering District auction shall be provided by the auction company under contract to conduct the sale.  Advertising shall be provided to attract the most potential buyers.  Advertising media may include, but not be limited to, sale flyers, newspapers, radio, television, and Internet postings.

Added by Laws 1982, c. 222, § 1, operative Oct. 1, 1982.  Amended by Laws 1984, c. 71, § 2; Laws 1988, c. 145, § 2, emerg. eff. April 27, 1988; Laws 1989, c. 286, § 2, operative July 1, 1989; Laws 1998, c. 258, § 2, eff. Nov. 1, 1998; Laws 2001, c. 320, § 1, eff. Nov. 1, 2001; Laws 2002, c. 214, § 1, eff. Nov. 1, 2002; Laws 2004, c. 99, § 2, eff. Nov. 1, 2004.

§19-421.2.  Surplus machinery, equipment or vehicles - Transfer to political subdivisions.

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 within that county 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.  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.  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.

Added by Laws 1991, c. 155, § 1, emerg. eff. May 7, 1991.  Amended by Laws 1992, c. 227, § 1, emerg. eff. May 19, 1992.

§19-421.3.  Obtaining surplus road and bridge building equipment.

Circuit Engineering Districts acting through cooperative agreements on behalf of counties are authorized to obtain surplus property pursuant to Section 34.1 of Title 80 of the Oklahoma Statutes and may contract to obtain surplus equipment for road and bridge building purposes pursuant to Section 339 of Title 19 of the Oklahoma Statutes.

Added by Laws 2001, c. 320, § 2, eff. Nov. 1, 2001.

§19422.  Penalties.

No special penalties shall apply to any public officer charged with the performance of duties under this act other than that provided in 19 O.S. 1951, § 28.

Added by Laws 1953, p. 81, § 2.

§19423.  Partial invalidity.

If any part of this act is for any reason held unconstitutional, such decision shall not affect the validity of the remaining portions of this act.  The Legislature hereby declares that it would have passed this act and each part thereof, irrespective of the fact that any part be declared unconstitutional.

Added by Laws 1953, p. 81, § 3.

§19431.  Right of appeal  Bond  Appeal on demand of freeholders  Appeal by taxpayer.

From all decisions of the board of commissioners, upon matters properly before them, there shall be allowed an appeal to the district court by any persons aggrieved, including the county by its district attorney, upon filing a bond with sufficient penalty, and one or more sureties to be approved by the county clerk, conditioned that the appellant will prosecute his or her appeal without delay, and pay all cost that he or she may be adjudged to pay in the said district court; said bond shall be executed to the county, and may be sued in the name of the county upon breach of any condition therein; provided, that the district attorney, upon the written demand of at least fifteen (15) freeholders of the county, shall take an appeal from any action of the board of county commissioners when said action relates to the interest or affairs of the county at large or any portion thereof, in the name of the county, when he deems it to the interest of the county so to do; and in such case no bond shall be required or given and upon serving the notice provided for in the next section the county clerk shall proceed the same as if a bond had been filed; provided, further, that if the district attorney shall fail or refuse to appeal after the written demand of the said fifteen (15) freeholders, then any resident taxpayer of the county may be considered a person aggrieved and may appeal upon filing a bond with sufficient penalty, as provided in the foregoing portion of this paragraph.

R.L. 1910, § 1640.  Amended by Laws 1915, c. 117, § 1.

§19432.  Time and manner of taking appeal  Folio of papers.

Said appeal shall be taken within twenty (20) days after the decision of said board, by serving a written notice on one of the members of the board of county commissioners, and the county clerk shall, upon the filing of the bond as hereinbefore provided, make a folio of all the papers filed in the proceedings of said board relating to the matter of their decision thereon, and shall deliver the same to the clerk of the district court.

R.L. 1910, § 1641.  Amended by Laws 1974, c. 105, § 1.

§19433.  Appeal, when filed and tried.

Said appeal shall be filed by the first day of the district court next after such appeal and said cause shall stand for trial at such term.

R.L. 1910, § 1642.

§19434.  Docketing of appeals  Determination de novo.

All appeals thus taken to the district court shall be docketed as other causes pending therein, and the same shall be heard and determined de novo.

R.L. 1910, § 1643.

§19435.  Order of district court.

The district court may make a final judgment and cause the same to be executed, or may send the same back to the board with an order how to proceed, and require said board of county commissioners to comply therewith by a mandamus or attachment as for contempt.

R.L. 1910, § 1644.

§19441.  Officers to account to commissioners  Payments and receipts.

All treasurers, sheriffs, clerks, constables, and other officers chargeable with money belonging to the county shall render their accounts to and settle with the county commissioners at the time required by law, and pay into the county treasury any balance which may be due the county, take duplicate receipts therefor, and deposit one of the same with the clerk of the county within five (5) days thereafter.

R.L. 1910, § 1645.

§19442.  Examination of treasurer's tax records.

It shall be the duty of the board of county commissioners at each annual meeting to examine the county treasurer's "taxsale book" and "stub receipts" and ascertain the amount of redemption money in the treasury and compel the said treasurer to account for the same.

R.L. 1910, § 1646.

§19443.  Suit against delinquent officers.

If any person thus chargeable shall neglect or refuse to render true accounts or settle as aforesaid, the county commissioners shall adjust the accounts of such delinquent according to the best information they can obtain, and ascertain the balance due the county, and order suit to be brought in the name of the county therefor; and such delinquent shall not be entitled to any commission, and shall forfeit and pay to the county a penalty of twenty percent (20%) on the amount of funds due the county.

R.L. 1910, § 1647.

§19444.  Publication of proceedings.

It shall be the mandatory duty of the board of county commissioners to cause to be published in a newspaper published in the county, a full and complete report of all its official proceedings at each regular and special meeting, except blanket purchase orders, within the time provided for in Sections 445 and 446 of this title, and the board of county commissioners shall pay for the same from the appropriation as provided in this section.  The board of county commissioners may also order the publication of the official proceedings in a newspaper printed in any other than the English Language whenever it shall deem it necessary for the better information of the inhabitants.  The board of county commissioners may omit the listing of all employees and their salaries approved for payment in the monthly publication of proceedings.  However, it shall be the mandatory duty of the board of county commissioners to cause to be published a full and complete report of all the county employees and their salaries paid annually.  An asterisk shall be placed in front of the names of employees paid for less than the full twelve (12) months of the preceding calendar year.  The listing shall reflect the gross salary of every employee reported to the Internal Revenue Service on the W2 Form of the employee.  Such annual publication of the employees and their salaries shall be published annually in the month of February for the preceding calendar year in a newspaper of the county which meets the requirements set forth in Section 106 of Title 25 of the Oklahoma Statutes.

It shall also be the mandatory duty of the board of county commissioners and the county excise board, each fiscal year, to take such steps as may be necessary and proper under the statutes relating to estimates of needs and appropriations, to appropriate, in the General Government account within the general fund of the county, an amount sufficient to pay for the publication of all such proceedings during the fiscal year, at the legal rate therefor, but in no event less than the total of legal claims for publication of such proceedings during the immediately preceding fiscal year.

R.L. 1910, § 1648.  Amended by Laws 1953, p. 79, § 1, emerg. eff. May 19, 1953; Laws 1986, c. 136, § 1, eff. Nov. 1, 1986; Laws 1993, c. 318, § 4, emerg. eff. June 7, 1993.

§19445.  Clerk to make report of proceedings for publication.

It shall be the duty of the county clerk to make out a complete report of the proceedings of each regular and special meeting of the board.  Included in such report shall be the purpose of any warrant that is approved for payment at such meeting.  The county clerk shall transmit the report to the publishers of the newspaper selected by the board to publish such proceedings.  The report shall be made out and transmitted by the clerk upon the approval of the board of county commissioners at its next regularly scheduled meeting, or no later than ten (10) days from the time the proceedings were had.

R.L. 1910, § 1649.  Amended by Laws 1982, c. 249, § 11; Laws 1984, c. 61, § 2, emerg. eff. March 29, 1984.

§19446.  Duty of publisher.

It shall be the duty of the publisher of the newspaper selected to publish any proceedings of the board of commissioners, to cause the proceedings as aforesaid received by him from any county clerk, to be published within ten (10) days after receipt thereof.

R.L. 1910, § 1650.  Amended by Laws 1953, p. 80, § 2.

§19447.  Board to furnish supplies to officers.

The board of commissioners shall, at the expense of the county, provide suitable cases and other furniture for the safe and convenient keeping of all the books, documents and papers belonging to each county officer, and also official seals for each of said officers, where the same are required by law.

R.L. 1910, § 1651.

§19448.  Failure to perform duty  Penalty.

Any county commissioner who shall fail to perform any duty required of him by law, shall be fined in a sum not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not less than thirty (30) days nor more than one year, or by both such fine and imprisonment.

R.L. 1910, § 1652.

§19449.  Incapacity as creating vacancy.

In addition to the provisions of law now in force, in all counties of the State of Oklahoma, where any member of the board of county commissioners shall become incapacitated physically or mentally and thereby be unable by reason of such disability to perform the duties of his office for the remainder of the term to which such officer was elected, a vacancy in said office is hereby declared to exist and such vacancy shall be filled by election in the manner provided by law for the filling of such vacancies; provided, however, that where such vacancy occurs after the election and prior to the beginning of the term of the county commissionerelect, such county commissioner so elected shall be entitled to qualify and enter upon the discharge of his duties.

Added by Laws 1935, p. 176, § 1.  Amended by Laws 1974, c. 153, § 17108, operative Jan. 1, 1975.

§19450.  Determination of existence of vacancy  Jurisdiction and proceedings.

For the purpose of determining whether such a vacancy exists the district court is hereby vested with exclusive jurisdiction and the district attorney of the county shall file a petition with the district court of the county where such vacancy is alleged to exist, and summons shall issue and be served in the manner provided by law for the service of summons in other cases, and said cause shall be tried to the court without the intervention of a jury and upon trial thereof, if it be shown by preponderance of the evidence that the county commissioner who is alleged to be incapacitated or disqualified is suffering from any mental or physical ailment that will prevent him from performing the duties of said office for the balance of the term to which he was elected, the said court shall enter judgment accordingly, decreeing that a vacancy exists, which judgment shall thereupon be final and the vacancy shall be filled as provided in Section 1 above.

Said action shall be brought by the district attorney and shall be in the name of the State of Oklahoma on relation of the district attorney as plaintiff, against the person who is alleged to be disqualified and the summons shall be issued, directed to the sheriff of the county where said defendant may be served, and if the said defendant be in a hospital or under the care or supervision of any institution, the same shall be served by delivering a copy thereof to the said defendant and a copy to the person or officer having supervision or control of the said hospital or institution and said cause shall stand for trial at the first nonjury docket setting after answer day, as other civil actions triable to the court.

Added by Laws 1935, p. 176, § 2.

§19451.  Purchase of boat for official business  Mileage.

The board of county commissioners of any county in this state having more than two hundred fifty (250) miles of lake shore line within such county, are hereby authorized to purchase, maintain, and to provide for the operation of, for the official business of the county and its several offices, a boat and motive power therefor, either inboard or outboard.  No mileage shall be charged to the county for travel in such boat and all mileage collected by any officer, from any other source, shall be paid by him into the county and shall be credited to the fund from which claims for the operation of such boat shall be paid.  The board shall establish such rules and regulations regarding the use of such boat as to prevent its use for other than official business.

Added by Laws 1951, p. 332, § 1.

§19452.  Counties over 200,000 population  Appointment of employees and assistants.

The boards of county commissioners in all counties of the State of Oklahoma having a population in excess of two hundred thousand (200,000), as shown by the last preceding or any future regular Federal Decennial Census, be, and they are hereby empowered to appoint such employees and assistants, as shall be necessary for said board to properly accomplish the statutory and lawful duties and functions of said board, and who shall serve during the pleasure of said board on a whole or parttime basis at such rates of salary or pay as may be agreed upon by said board.

Added by Laws 1957, p. 120, § 1.

§19-452.1.  Director and deputies of country juvenile facilities and services - Employment by judge responsible for juvenile docket.

With the approval of the board of county commissioners, the judge responsible for the juvenile docket of any county may employ a director of county juvenile facilities and services and deputies to the director as the judge may deem appropriate.  The director shall perform the duty or duties of directions and implementations of county juvenile facilities and services as prescribed and directed by the board of county commissioners.  Such directors and their deputies shall serve at the will and discretion of the judge responsible for the juvenile docket.

The director and deputies of county juvenile facilities and services shall receive as compensation a salary or salaries to be fixed by the board of county commissioners, to be paid out of the general operating fund of the county or out of special funds created by a vote of the people for the purposes of funding county juvenile facilities and services.  The compensation of the director and any deputies shall not be governed by the comprehensive salary code, as provided in Section 180.58 et seq. of Title 19 of the Oklahoma Statutes.

Added by Laws 1997, c. 283, § 3, emerg. eff. May 27, 1997.

§19453.  School guards  Qualifications and tenure  Salary.

The board of county commissioners may authorize employment of school guards for the sole and only purpose of directing travel and traffic on streets and highways outside the limits of incorporated cities and towns whenever the board deems it necessary to protect the life and safety of pupils attending the public schools of this state.  School guards so employed shall meet the qualifications, perform such duties, and have such tenure as prescribed by the board of county commissioners.  The school guards shall be paid a salary fixed by the board of county commissioners and shall be paid from the general fund as stipulated by the county excise board.

Added by Laws 1963, c. 149, § 1.

§19-454.  Repealed by Laws 1968, c. 415, § 1906, eff. July 1, 1968.

§19455.  County reward fund  Providing evidence.

A.  The board of county commissioners of each county is hereby authorized to offer and pay a reward, from county funds, in an amount not to exceed One Hundred Dollars ($100.00) for the arrest and conviction, or for evidence leading to the arrest and conviction of any person stealing or defacing county road signs.

B.  The board of county commissioners may create and maintain a reward fund of not to exceed Five Hundred Dollars ($500.00) from which to pay the rewards provided for in subsection A of this section.

C.  Any person convicted under subsection A of this section, may in lieu of the fine be required to deposit like amount into the county reward fund.

Added by Laws 1981, c. 33, § 1, emerg. eff. April 8, 1981.  Amended by Laws 1988, c. 115, § 3, eff. Nov. 1, 1988.

§19-456.  Oklahoma County and City Energy Conservation Act - Short