2013 Oklahoma Statutes
Title 19 - Counties and County Officers


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls14 {font-family:'Courier New', monospace;} .cls15 {font-size:12pt;} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls9 {margin-left:100pt;} .cls3 {margin-left:115pt;} .cls8 {margin-left:136pt;} .cls13 {margin-left:14pt;} .cls4 {margin-left:158pt;} .cls5 {margin-left:172pt;} .cls6 {margin-left:208pt;} .cls11 {margin-left:21pt;} .cls2 {margin-left:28pt;} .cls17 {margin-left:43pt;margin-right:238pt;} .cls18 {margin-left:43pt;margin-right:262pt;} .cls10 {margin-left:64pt;} .cls12 {margin-left:7pt;} .cls16 {margin-right:4pt;} .cls7 {text-align:center;} .cls1 {text-align:justify;} </STYLE> <title>&sect;19 1</title> </head> <body> <p><span class="cls0">&sect;191. Powers in general.&nbsp;</span></p> <p><span class="cls0">Each organized county within the state shall be a body corporate and politic and as such shall be empowered for the following purposes:&nbsp;</span></p> <p><span class="cls0">1. To sue and be sued;&nbsp;</span></p> <p><span class="cls0">2. To purchase and hold real and personal estate for the use of the county, and lands sold for taxes as provided by law;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. To execute leases of real property owned by the county to nonprofit corporations organized for the general purpose of historical preservation;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">6. To exercise such other and further powers as may be especially provided for by law.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1497. Amended by Laws 1986, c. 135, &sect; 1, emerg. eff. April 17, 1986.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;192. Property of county.&nbsp;</span></p> <p><span class="cls0">Any real or personal estate heretofore or which may be hereafter conveyed to any county shall be deemed the property of such county.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1498.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;193. Powers of county exercised by board of commissioners Contracts while not acting as a board.&nbsp;</span></p> <p><span class="cls0">The powers of a county as a body politic and corporate shall be exercised by its board of county commissioners.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">(a) Any purchase of equipment, machinery, supplies or materials of any kind for any county or any commissioner's district, or districts, thereof;&nbsp;</span></p> <p><span class="cls0">(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;&nbsp;</span></p> <p><span class="cls0">(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;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1499. Amended by Laws 1955, p. 153, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;194. County to sue or be sued in name of board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1500.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;195. Process How served.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1501.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;196. Payment of judgment against county.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1502.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;197. County Government Council.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 302, &sect; 4, eff. July 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-8. Public works contracts.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Any taxes due the State of Oklahoma;&nbsp;</span></p> <p><span class="cls0">2. Personal property taxes or any municipal sales taxes due on the contractor's equipment and supplies;&nbsp;</span></p> <p><span class="cls0">3. Any workers compensation coverage; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 72, &sect; 1, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-8.1. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1 through 5 of this act shall be known and may be cited as the "County Home Rule Charter Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 220, &sect; 1, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-8.2. Authority to adopt or amend county home rule charter.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 220, &sect; 2, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">"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 ____________?&nbsp;</span></p> <p class="cls3"><span class="cls0"> &nbsp;</span></p> <p class="cls4"><span class="cls0">/ /&nbsp;&nbsp;YES&nbsp;</span></p> <p class="cls3"><span class="cls0"> &nbsp;</span></p> <p class="cls4"><span class="cls0">/ /&nbsp;&nbsp;NO"&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">"Shall the proposed charter (or amendments) for _________ County be adopted?&nbsp;</span></p> <p class="cls3"><span class="cls0"> &nbsp;</span></p> <p class="cls4"><span class="cls0">/ /&nbsp;&nbsp;YES&nbsp;</span></p> <p class="cls3"><span class="cls0"> &nbsp;</span></p> <p class="cls4"><span class="cls0">/ /&nbsp;&nbsp;NO"&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 220, &sect; 3, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-8.4. Provisions of charter.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 220, &sect; 4, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-8.5. Charter provision contrary to or inconsistent with sovereignty and public policy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 220, &sect; 5, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1911. Vote by people Taxable property Area Population.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 72, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1912. Petition Proclamation calling election Counties excepted.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 73, &sect; 2. Amended by Laws 1917, c. 120, p. 185, &sect; 1; Laws 1919, c. 213, p. 309, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-13. Form of petition.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">"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 _____."&nbsp;</span></p> <p><span class="cls0">State of Oklahoma, )&nbsp;</span></p> <p class="cls5"><span class="cls0">) ss.&nbsp;</span></p> <p><span class="cls0">County of ______________)&nbsp;</span></p> <p><span class="cls0">To the Governor of the State of Oklahoma:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Respectfully submitted&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;__________________________&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this ____ day of ____ A.D. (year).&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;__________________________&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Notary Public.&nbsp;</span></p> <p><span class="cls0">My commission expires __________.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1910-11, c. 40, p. 73, &sect; 3. Amended by Laws 1998, c. 246, &sect; 5, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1914. Form of ballot Election of officers.&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p class="cls6"><span class="cls0">"Yes"&nbsp;</span></p> <p class="cls6"><span class="cls0">"No"&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p class="cls6"><span class="cls0">"Yes"&nbsp;</span></p> <p class="cls6"><span class="cls0">"No"&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 75, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1915. Election supplies How furnished.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 75, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1916. Election commissioners Qualifications Oath.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls6"><span class="cls0">Oath.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;__________________________&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this _____ day of ______ A. D. 19__.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;__________________________&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Notary Public. &nbsp;</span></p> <p><span class="cls0">My commission expires ______.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 76, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1917. Duties of commissioners Substitutes.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 76, &sect; 7.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1918. Booths and conveniences Election officers How appointed Oath Fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 77, &sect; 8.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-19. Voting - Electors' affidavits - Form.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls6"><span class="cls0">Affidavit.&nbsp;</span></p> <p><span class="cls0">State of Oklahoma, County of ______ ss.&nbsp;</span></p> <p><span class="cls0">______ 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.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;___________________&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this _____ day of ______ A.D. (year).&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp; &nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Special Election Commissioner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1910-11, c. 40, p. 78, &sect; 9. Amended by Laws 1998, c. 246, &sect; 6, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1920. Count Canvass of returns.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 78, &sect; 10.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1921. Returns and ballot boxes Custody of same Report to Governor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 78, &sect; 11.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1922. Proclamation of Governor Designation of county seat Officers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 79, &sect; 12.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1923. Selection of permanent county seats.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 80, &sect; 12a.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1924. Supreme Court to decide controversies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 81, &sect; 13.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1925. Precedence in court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 81, &sect; 14.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1926. Election expenses How paid Commissioners' compensation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 81, &sect; 15.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1927. Challengers Watchers Poll book holders How appointed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 82, &sect; 16.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1928. Official neglect Felony.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 82, &sect; 17. Amended by Laws 1997, c. 133, &sect; 144, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 144 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1929. What constitutes bribery.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 191011, c. 40, p. 82, &sect; 18. Amended by Laws 1997, c. 133, &sect; 145, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 145 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-30. Repealed by Laws 1961, p. 208, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;1931. Vote for transfer of territory.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1507.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1932. Vote to accept new territory.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1508.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1933. Division of assets and liabilities.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1509.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1934. County commissioners may settle differences.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1510.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1935. Meetings of commissioners to settle differences.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1511.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1936. Change in watercourse bounding counties as not changing taxable situs of property.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 123, &sect; 1, emerg. eff. June 3, 1963.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1961. Jurisdiction and powers of Supreme Court Summons Scope of inquiry.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1512. Amended by Laws 1917, c. 142, p. 226, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1962. Method of division Agreements as to division.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1513.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1963. Parties to action Duties of district attorney.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1514.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1964. Commissioners may institute certain actions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1515.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1965. Penalty for refusing to pay over monies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1516.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1971. Laws governing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1517.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1972. Election How called.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1518.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1973. Form of election petition.&nbsp;</span></p> <p><span class="cls0">The following shall be substantially the form for every petition filed with the Governor asking such special election to be held as provided herein:&nbsp;</span></p> <p><span class="cls0">To the Governor of the State of Oklahoma:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1519.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1974. Notice of election Tickets and candidates.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1520.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-75. Form of petition for place on ticket.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls7"><span class="cls0">PETITION FOR CITY - FORM OF.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">State of Oklahoma, )&nbsp;</span></p> <p class="cls8"><span class="cls0">)ss.&nbsp;</span></p> <p><span class="cls0">County of _________)&nbsp;</span></p> <p><span class="cls0">To the Governor of the State of Oklahoma:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Respectfully submitted,&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp; &nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this _____ day of _______, A.D. (year).&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;_______________&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Notary public.&nbsp;</span></p> <p><span class="cls0">My commission expires .&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1521. Amended by Laws 1998, c. 246, &sect; 7, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1976. Special election board.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1522.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1977. Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1523.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1978. Special election commissioners Oath.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls7"><span class="cls0">OATH.&nbsp;</span></p> <p><span class="cls0">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 ___________.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;____________________&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this ______ day of ______ A.D. 19__.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;____________________&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Notary public.&nbsp;</span></p> <p><span class="cls0">My commission expires ________.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1524.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1979. Qualifications.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1525.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1980. Assignments Duties of Vacancies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1526.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1981. Booths and conveniences Precinct boards.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1527.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-82. Qualifications of voters - Form of affidavit.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls7"><span class="cls0">AFFIDAVIT.&nbsp;</span></p> <p><span class="cls0"> State of Oklahoma,)&nbsp;</span></p> <p class="cls8"><span class="cls0">)ss.&nbsp;</span></p> <p><span class="cls0"> County of ________)&nbsp;</span></p> <p><span class="cls0"> , 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.&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;_____________________&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this _____ day of _________ A.D. (year).&nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp; &nbsp;</span></p> <p class="cls6"><span class="cls0">&nbsp;&nbsp;Special Election Commissioner.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1528. Amended by Laws 1998, c. 246, &sect; 8, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1983. Canvass of vote Declaration of result.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1529.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1984. Twothirds vote required to relocate Second election.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1530.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1985. Elections not oftener than once in ten years.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1531.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1986. Duties of special commissioners.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1532.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1987. Jurisdiction of contests in Supreme Court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">R.L. 1910, &sect; 1533. &nbsp;</span></p> <p><span class="cls0">&sect;1988. Cases given precedence and passed on speedily.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1534.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1989. Compensation of election officials How expenses borne.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1535.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1990. Challengers and watchers Authority.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1536. Amended by Laws 1997, c. 133, &sect; 146, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 146 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1991. Violations Felony.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1537. Amended by Laws 1997, c. 133, &sect; 147, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 147 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;1992. Bribery.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1538. Amended by Laws 1997, c. 133, &sect; 148, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 148 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-93. Repealed by Laws 1961, p. 208, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19-111. Repealed by Laws 1959, p. 95, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;19112. Violation of act a felony.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1925, c. 88, p. 139, &sect; 2. Amended by Laws 1997, c. 133, &sect; 149, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 70, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 149 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19113. Treasurer's bondsmen liable for securities Approval of securities.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1541.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19114. Securities Deposit with State Treasurer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 71, p. 127, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19115. Duplicate deposit slip or receipt filed with county clerk.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1542.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19116. Duty of county clerk.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1543.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19117. Fiscal agent to account monthly.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1544.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19118. Treasurer's checks and drafts to show purpose of payment Duplicate attached to voucher.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1545.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19119. County clerk to make proper charges and credits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1546.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19120. Violation of statute Penalty.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1547.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-121. Daily deposit by county treasurer - Security.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 94, &sect; 1. Amended by Laws 1997, c. 164, &sect; 1, eff. July 1, 1997; Laws 2000, c. 136, &sect; 1, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19122. Duties of State Auditor and Inspector Deposit in banks outside county Deposits with State Treasurer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 94, &sect; 2. Amended by Laws 1979, c. 30, &sect; 65, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19123. Deposit in bank where treasurer or commissioners have pecuniary interest prohibited.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 94, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19124. Provisions cumulative.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall be cumulative with all existing laws governing deposit of funds by the county treasurer of the several counties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 95, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-130.1. Commission on County Government Personnel Education and Training - Creation - Membership.&nbsp;</span></p> <p><span class="cls0">There is hereby recreated, to continue until July 1, 2015, in accordance with the provisions of the Oklahoma Sunset Law, 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 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 250, &sect; 1, emerg. eff. May 11, 1982. Amended by Laws 1988, c. 44, &sect; 1, operative July 1, 1988; Laws 1994, c. 108, &sect; 1, eff. July 1, 1994; Laws 2000, c. 24, &sect; 1; Laws 2006, c. 52, &sect; 1; Laws 2012, c. 67, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-130.2. Duties of Commission.&nbsp;</span></p> <p><span class="cls0">The duties of the Commission shall be:&nbsp;</span></p> <p><span class="cls0">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, excise board members, and other political subdivisions through the Cooperative Extension Service at Oklahoma State University;&nbsp;</span></p> <p><span class="cls0">2. To provide guidance to the Cooperative Extension Service in designing curricula to be used in educational programs and materials;&nbsp;</span></p> <p><span class="cls0">3. To identify needs and set priorities for research to be conducted in cooperation with the 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;&nbsp;</span></p> <p><span class="cls0">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; and&nbsp;</span></p> <p><span class="cls0">5. To contract with the Cooperative Extension Service at Oklahoma State University to administer personnel education and training for counties and other political subdivisions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 250, &sect; 2, emerg. eff. May 11, 1982. Amended by Laws 1992, c. 181, &sect; 1, eff. July 1, 1992; Laws 2000, c. 418, &sect; 7, eff. July 1, 2000; Laws 2002, c. 348, &sect; 1, emerg. eff. May 30, 2002; Laws 2006, c. 125, &sect; 1, eff. July 1, 2006; Laws 2013, c. 189, &sect; 1, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-130.3. Meetings - Chair - Quorum - Reimbursement.&nbsp;</span></p> <p><span class="cls0">The Commission shall meet within sixty (60) days after the effective date of this act. The President of Oklahoma State University or his or her designee shall serve as chair of the Commission. After the first meeting, the Commission shall meet as it deems necessary or when called by the chair 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.&nbsp;</span></p> <p><span class="cls0">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 or her duties. Other Commission members shall not be reimbursed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 250, &sect; 3, emerg. eff. May 11, 1982. Amended by Laws 2006, c. 125, &sect; 2, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-130.4. Advisory boards.&nbsp;</span></p> <p><span class="cls0">A. The Cooperative Extension Service is hereby authorized to create advisory boards as they deem necessary. Members of such advisory boards shall be appointed by the 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 County Training Program Director of the Cooperative Extension Service. Such advisory boards shall assist in developing educational programs and materials for training county government officers and their employees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The Cooperative Extension Service is authorized to contract with state agencies and private entities to provide training.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 250, &sect; 4, emerg. eff. May 11, 1982. Amended by Laws 2002, c. 348, &sect; 2, emerg. eff. May 30, 2002; Laws 2006, c. 125, &sect; 3, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-130.5. Objectives of education and training programs.&nbsp;</span></p> <p><span class="cls0">The objectives of each education and training program, as developed by the Commission in consultation with the advisory boards and administered through the Cooperative Extension Service at Oklahoma State University, shall include, but shall not be limited to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Improving the efficiency of county government operations by providing technical assistance in the administration of mandated duties;&nbsp;</span></p> <p><span class="cls0">3. Improving the technical skills of county employees by providing technical training in the operation and maintenance of construction equipment and machinery; and&nbsp;</span></p> <p><span class="cls0">4. Serving as a reference and resource center for county officials.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 250, &sect; 5, emerg. eff. May 11, 1982. Amended by Laws 1992, c. 181, &sect; 2, eff. July 1, 1992; Laws 2006, c. 125, &sect; 4, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-130.6. Support staff - Other training programs - Expenses.&nbsp;</span></p> <p><span class="cls0">A. 1. Any professional or clerical support staff required by the Commission on County Government Personnel Education and Training shall be provided through the Cooperative Extension Service.&nbsp;</span></p> <p><span class="cls0">2. The training programs developed pursuant to Section 130.1 et seq. of this title shall not interfere with or duplicate any other existing training programs for county government personnel.&nbsp;</span></p> <p><span class="cls0">B. Expenses incurred in the performance of the duties imposed upon the Commission by law shall primarily be paid out of funds appropriated or otherwise made available to the Office of the State Auditor and Inspector and may also be paid by the collection of training expenses paid by the counties directly to the Cooperative Extension Service.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 250, &sect; 6, emerg. eff. May 11, 1982. Amended by Laws 1986, c. 268, &sect; 5, operative July 1, 1986; Laws 2006, c. 125, &sect; 5, eff. July 1, 2006; Laws 2013, c. 189, &sect; 2, eff. July 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-130.7. Certain county officials to participate in training programs and educational seminars - Expenses.&nbsp;</span></p> <p><span class="cls0">Each county commissioner, county clerk, county treasurer, 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 and county assessors may attend the training programs specified in this section. &nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 250, &sect; 7, emerg. eff. May 11, 1982. Amended by Laws 1992, c. 181, &sect; 3, eff. July 1, 1992; Laws 2006, c. 125, &sect; 6, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-131. Enumeration of county officers - Election and term of office - Limitation on running for other office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. A county officer shall be eligible to become a candidate for another county office or state office.&nbsp;</span></p> <p><span class="cls0">E. 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 and have maintained a current principal residence in that district for at least six (6) months immediately preceding the first day of the filing period prescribed by law. Evidence of a "principal residence" may include, but not be limited to, the address listed on:&nbsp;</span></p> <p><span class="cls0">1. A federal or state tax return;&nbsp;</span></p> <p><span class="cls0">2. A driver license; or&nbsp;</span></p> <p><span class="cls0">3. An automobile registration.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1548. Amended by Laws 1917, c. 203, p. 378, &sect; 1; Laws 1923-24, c. 121, p. 142, &sect; 1; Laws 1927, c. 5, p. 4, &sect; 1; Laws 1947, p. 190, &sect; 1; Laws 1953, pp. 67, 68, &sect;&sect; 1-3; Laws 1955, p. 154, &sect; 1, eff. June 1, 1955; Laws 1961, p. 208, &sect; 1, emerg. eff. Feb. 10, 1961; Laws 1968, c. 132, &sect; 1, emerg. eff. April 8, 1968; Laws 1968, c. 377, &sect; 1, emerg. eff. May 10, 1968; Laws 1973, c. 92, &sect; 1, emerg. eff. May 1, 1973; Laws 1974, c. 300, &sect; 1, emerg. eff. May 29, 1974; Laws 1982, c. 45, &sect; 1, emerg. eff. March 26, 1982; Laws 1989, c. 71, &sect; 1, eff. Nov. 1, 1989; Laws 1993, c. 239, &sect; 3, eff. July 1, 1993; Laws 1995, c. 4, &sect; 1, eff. Nov. 1, 1995; Laws 2004, c. 53, &sect; 3, emerg. eff. April 1, 2004; Laws 2005, c. 1, &sect; 9, emerg. eff. March 15, 2005; Laws 2013, c. 300, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1973, c. 9, &sect; 1 repealed by Laws 1974, c. 300, &sect; 2, emerg. eff. May 29, 1974. Laws 2004, c. 44, &sect; 1 repealed by Laws 2005, c. 1, &sect; 10, emerg. eff. March 15, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-131.1. Registration requirements for candidates for county offices.&nbsp;</span></p> <p><span class="cls0">To file as a candidate for any county office, a person must have been a registered voter and have maintained a current principal residence within the county for the six-month period immediately preceding the first day of the filing period prescribed by law. Provided, to file as a candidate for the office of county commissioner, a person must have been a registered voter within the county commissioner district and have maintained a current principal residence within such district for the six-month period immediately preceding the first day of the filing period prescribed by law. Evidence of a "principal residence" may include, but not be limited to, the address listed on:&nbsp;</span></p> <p><span class="cls0">1. A federal or state tax return;&nbsp;</span></p> <p><span class="cls0">2. A driver license; or&nbsp;</span></p> <p><span class="cls0">3. An automobile registration.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1973, c. 9, &sect; 2. Amended by Laws 1975, c. 69, &sect; 1, emerg. eff. April 18, 1975; Laws 1981, c. 178, &sect; 3, emerg. eff. May 18, 1981; Laws 2004, c. 53, &sect; 4, emerg. eff. April 1, 2004; Laws 2011, c. 56, &sect; 1, eff. Nov. 1, 2011; Laws 2013, c. 300, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19132. Eligibility.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1549.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-133. County offices.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1550. Amended by Laws 1997, c. 340, &sect; 1, emerg. eff. June 9, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-134. Repealed by Laws 1961, p. 211, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;19-134a. Repealed by Laws 1961, p. 211, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;19-134b. Repealed by Laws 1961, p. 211, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;19-134b-1. Repealed by Laws 1961, p. 211, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;19-134c. Repealed by Laws 1961, p. 211, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;19-134d. Repealed by Laws 1961, p. 211, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;19-134e. Repealed by Laws 1961, p. 211, &sect; 7.&nbsp;</span></p> <p><span class="cls0">&sect;19-135. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-135a. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-135b. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-135c. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-135d. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19136. County clerk - Office hours - Sign.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1949, p. 148, &sect; 1. Amended by Laws 1993, c. 239, &sect; 4, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-137.1. UNCONSTITUTIONAL.&nbsp;</span></p> <p><span class="cls0">This section, derived from Laws 1961, p. 226, &sect; 1, relating to public defenders for counties of 24,727 to 60,000 population, was held to violate Const. Art. 5, &sect; 51, by State v. Lynch, Okla., 796 P.2d 1150 (1990).&nbsp;</span></p> <p><span class="cls0">&sect;19137.2. Appointment Salary Assistants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 227, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19137.3. Liability insurance Counties of 300,000 population.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 262, &sect; 1, emerg. eff. June 17, 1971.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-138.1. Repealed by Laws 1995, c. 240, &sect; 5, emerg. eff. May 24, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;19-138.1a. Office created - Office space and equipment - Tort liability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 240, &sect; 1, emerg. eff. May 24, 1995. Amended by Laws 2001, c. 129, &sect; 1, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19138.2. Appointment of county indigent defender and assistants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 210, &sect; 2, emerg. eff. Aug. 7, 1961. Amended by Laws 1991, c. 238, &sect; 23, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19138.3. Determination of need for county indigent defender and assistants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 210, &sect; 3, emerg. eff. Aug. 7, 1961. Amended by Laws 1991, c. 238, &sect; 24, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-138.4. Compensation - Private practice.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 210, &sect; 4, emerg. eff. Aug. 7, 1961. Amended by Laws 1963, c. 189, &sect; 1, emerg. eff. June 10, 1963; Laws 1970, c. 110, &sect; 1, emerg. eff. April 1, 1970; Laws 1974, c. 102, &sect; 1, emerg. eff. April 30, 1974; Laws 1991, c. 238, &sect; 25, eff. July 1, 1991; Laws 1994, c. 343, &sect; 16, eff. Sept. 1, 1994; Laws 2001, c. 129, &sect; 2, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19138.5. Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 211, &sect; 5, emerg. eff. Aug. 7, 1961. Amended by Laws 1991, c. 238, &sect; 26, eff. July 1, 1991; Laws 1992, c. 357, &sect; 3, eff. July 1, 1992; Laws 1993, c. 298, &sect; 1, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19138.6. Secretaries Investigators Salary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 211, &sect; 6, emerg. eff. Aug. 7, 1961. Amended by Laws 1970, c. 110, &sect; 2, emerg. eff. April 1, 1970; Laws 1974, c. 102, &sect; 2, emerg. eff. April 30, 1974; Laws 1991, c. 238, &sect; 27, eff. July 1, 1991; Laws 1994, c. 343, &sect; 17, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-138.7. Conflict of interest - Reassignment of case.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 303, &sect; 20, eff. July 1, 1992. Amended by Laws 1992, c. 357, &sect; 4, eff. July 1, 1992; Laws 1993, c. 298, &sect; 2, eff. July 1, 1993; Laws 2001, c. 129, &sect; 3, eff. July 1, 2001; Laws 2003, c. 200, &sect; 1, emerg. eff. May 7, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-138.7a. Fees for attorneys defending death penalty cases.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 162, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-138.8. Expert witness compensation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 303, &sect; 21, eff. July 1, 1992. Amended by Laws 2001, c. 129, &sect; 4, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-138.9. Counties of 200,000 or more.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 207, &sect; 5, emerg. eff. May 26, 1981. Amended by Laws 1992, c. 303, &sect; 22, eff. July 1, 1992. Renumbered from Title 22, &sect; 1359 by Laws 1992, c. 303, &sect; 32, eff. July 1, 1992. Amended by Laws 1993, c. 298, &sect; 3, eff. July 1, 1993; Laws 2001, c. 129, &sect; 5, eff. July 1, 2001; Laws 2003, c. 200, &sect; 2, emerg. eff. May 7, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-138.10. Payment and collection of costs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Costs assessed pursuant to this section shall be collected by the court clerk and deposited in the court fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 303, &sect; 23, eff. July 1, 1992. Amended by Laws 1995, c. 28, &sect; 1, eff. Nov. 1, 1995; Laws 1996, c. 251, &sect; 1, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-141. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943.&nbsp;</span></p> <p><span class="cls0">&sect;19-142. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943.&nbsp;</span></p> <p><span class="cls0">&sect;19-143. Repealed by Laws 1941, p. 466, &sect; 15.&nbsp;</span></p> <p><span class="cls0">&sect;19-144. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943.&nbsp;</span></p> <p><span class="cls0">&sect;19-145. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943.&nbsp;</span></p> <p><span class="cls0">&sect;19-146. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943.&nbsp;</span></p> <p><span class="cls0">&sect;19-147. Repealed by Laws 1941, p. 466, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19148. Population, how determined.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3216. Amended by Laws 1919, c. 216, p. 313, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-149. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-149a. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943 and by Laws 1945, p. 73, &sect; 2, emerg. eff. April 7, 1945.&nbsp;</span></p> <p><span class="cls0">&sect;19-150. Repealed by Laws 1941, p. 463, &sect; 2, emerg. eff. June 7, 1941.&nbsp;</span></p> <p><span class="cls0">&sect;19-151. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943.&nbsp;</span></p> <p><span class="cls0">&sect;19-152. Repealed by Laws 1943, p. 78, &sect; 43, emerg. eff. April 12, 1943.&nbsp;</span></p> <p><span class="cls0">&sect;19153. Salaries Payment periods.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3251. Amended by Laws 1989, c. 56, &sect; 1, operative July 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-153.1. Entities receiving county sales tax revenues - Reimbursement of county for cost of collecting, maintaining and distributing funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 86, &sect; 1, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19154. Surety bonds Premiums Payment by county.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1935, p. 175, &sect; 1. Amended by Laws 1945, p. 73, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-155. Repealed by Laws 1972, c. 22, &sect; 2, emerg. eff. Feb. 11, 1972 and by Laws 1972, c. 232, &sect; 5, emerg. eff. April 7, 1972.&nbsp;</span></p> <p><span class="cls0">&sect;19155.1. Destruction of certain records filed in county assessor's offices Microfilming.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 22, &sect; 1, emerg. eff. Feb. 11, 1972. Amended by Laws 1988, c. 7, &sect; 1, operative July 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-155.2. Destruction of certain old records in clerk's office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">1. After the expiration of one (1) year:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;unused blank forms printed for fiscal year series, and&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;blank forms obsolete by change of law;&nbsp;</span></p> <p><span class="cls0">2. After the expiration of five (5) years:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;all county claims, claim calendars,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;chattel mortgage indexes,&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;appropriation ledgers, warrant ledgers, financial ledgers,&nbsp;</span></p> <p class="cls9"><span class="cls0">e.&nbsp;&nbsp;requisitions,&nbsp;</span></p> <p class="cls9"><span class="cls0">f.&nbsp;&nbsp;upon retirement, discharge, or termination of employment, loyalty oath of said employee or officer,&nbsp;</span></p> <p class="cls9"><span class="cls0">g.&nbsp;&nbsp;certificates of error,&nbsp;</span></p> <p class="cls9"><span class="cls0">h.&nbsp;&nbsp;copies of reports and remittances, deposits and receipts,&nbsp;</span></p> <p class="cls9"><span class="cls0">i.&nbsp;&nbsp;monthly reports to the State Auditor and Inspector and reports to other officers and warrant issues,&nbsp;</span></p> <p class="cls9"><span class="cls0">j.&nbsp;&nbsp;daily reports including daily report jacket and all contents therein,&nbsp;</span></p> <p class="cls9"><span class="cls0">k.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">l.&nbsp;&nbsp;reports, checks, purchase orders and other bookkeeping records,&nbsp;</span></p> <p class="cls9"><span class="cls0">m.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls9"><span class="cls0">n.&nbsp;&nbsp;records pertaining to the Open Meetings Act and Open Records Act;&nbsp;</span></p> <p><span class="cls0">3. After the expiration of seven (7) years after the final settlement following appeal to district court, all tax protest records;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. After the expiration of ten (10) years:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;all tax rolls and tax roll adjustments, and&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;all special assessment rolls.&nbsp;</span></p> <p><span class="cls0">B. The State Library may be given any records that would otherwise be destroyed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 198, &sect; 1, emerg. eff. April 7, 1972. Amended by Laws 1979, c. 30, &sect; 66, emerg. eff. April 6, 1979; Laws 1991, c. 93, &sect; 1, emerg. eff. April 23, 1991; Laws 1996, c. 101, &sect; 1, eff. Nov. 1, 1996; Laws 2000, c. 371, &sect; 167, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-155.2A. Destruction of certain workbooks, reports and records - Copying - Audits - Public access.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">TYPE OF RECORD&nbsp;&nbsp;REQUISITE TIME OF&nbsp;</span></p> <p class="cls10"><span class="cls0">RETAINING ORIGINAL&nbsp;</span></p> <p><span class="cls0">Tax Protest Records&nbsp;&nbsp;Until final settlement&nbsp;</span></p> <p><span class="cls0">Tax Rolls and Tax Roll&nbsp;</span></p> <p><span class="cls0"> Adjustments&nbsp;&nbsp;6 years&nbsp;</span></p> <p><span class="cls0">Special Assessment Rolls&nbsp;&nbsp;6 years after due date&nbsp;</span></p> <p><span class="cls0">Miscellaneous Doctor's&nbsp;</span></p> <p><span class="cls0"> Certificates&nbsp;&nbsp;5 years&nbsp;</span></p> <p><span class="cls0">Applications for Tax Deeds&nbsp;&nbsp;5 years&nbsp;</span></p> <p><span class="cls0">Sheriff's Deputy Commission&nbsp;&nbsp;5 years&nbsp;</span></p> <p><span class="cls0">Resolution for Cities and Towns&nbsp;</span></p> <p><span class="cls0"> and Ordinances&nbsp;&nbsp;5 years&nbsp;</span></p> <p><span class="cls0">Interlocal Co-op Agreements&nbsp;&nbsp;5 years&nbsp;</span></p> <p><span class="cls0">State Tax Liens&nbsp;&nbsp;5 years after release,&nbsp;</span></p> <p class="cls10"><span class="cls0">lapse, or discharge&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;Federal Tax Liens&nbsp;&nbsp;5 years after release,&nbsp;</span></p> <p class="cls10"><span class="cls0">lapse, or discharge&nbsp;</span></p> <p><span class="cls0">Sales Tax Audit Records&nbsp;&nbsp;5 years&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 93, &sect; 2, emerg. eff. April 23, 1991. Amended by Laws 1998, c. 196, &sect; 1, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19155.3. Intangible tax records Destruction.&nbsp;</span></p> <p><span class="cls0">County treasurers in each county in Oklahoma are hereby authorized to destroy all intangible tax records.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 232, &sect; 1, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19155.4. Destruction of certain types of work books, reports and records after certain length of time.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. After the expiration of seven (7) years:&nbsp;</span></p> <p class="cls9"><span class="cls0">a&nbsp;&nbsp;mortgage tax receipts;&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;all records pertaining to personal tax warrants;&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;personal tax lien docket.&nbsp;</span></p> <p><span class="cls0">2. After the expiration of seven (7) years after the final settlement:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;all tax protest records;&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;municipal bond and judgment records.&nbsp;</span></p> <p><span class="cls0">3. After the expiration of ten (10) years:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;all tax rolls and tax roll adjustments;&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;all special assessment rolls;&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;all tax sale and resale records;&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;real property, personal property, special assessments and emergency or back tax receipts.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;all records pertaining to school districts;&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;all bookkeeping records and instruments pertaining to apportionment and distribution of monies;&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;warrant registers;&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;miscellaneous income and distribution receipts and records;&nbsp;</span></p> <p class="cls9"><span class="cls0">e.&nbsp;&nbsp;bank statements, deposit tickets, F.D.I.C. documents, depository records, reports, checks, purchase orders and other bookkeeping records.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 232, &sect; 2, emerg. eff. April 7, 1972. Amended by Laws 1979, c. 30, &sect; 67, emerg. eff. April 6, 1979; Laws 1990, c. 28, &sect; 1, emerg. eff. April 4, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19155.5. Destruction of certain reccords after microfilming.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls6"><span class="cls0">REQUISITE TIME OF&nbsp;</span></p> <p class="cls6"><span class="cls0"> RETAINING&nbsp;</span></p> <p class="cls6"><span class="cls0">TYPE OF RECORD&nbsp;&nbsp; ORIGINAL&nbsp;</span></p> <p><span class="cls0">Tax Rolls and Tax&nbsp;</span></p> <p class="cls6"><span class="cls0"> Roll adjustments&nbsp;&nbsp;6 years&nbsp;</span></p> <p><span class="cls0">Tax Sale and Resale&nbsp;</span></p> <p class="cls6"><span class="cls0"> Records&nbsp;&nbsp;6 years&nbsp;</span></p> <p class="cls6"><span class="cls0">Special Assessment Rolls&nbsp;&nbsp;6 years after due date&nbsp;</span></p> <p class="cls6"><span class="cls0">Tax Protest Records&nbsp;&nbsp;Until final settlement&nbsp;</span></p> <p><span class="cls0">Tax Receipts&nbsp;</span></p> <p><span class="cls0"> Real Property,&nbsp;</span></p> <p class="cls6"><span class="cls0"> personal property&nbsp;&nbsp;7 years&nbsp;</span></p> <p><span class="cls0">Special Assessments,&nbsp;</span></p> <p><span class="cls0"> emergency or back&nbsp;</span></p> <p><span class="cls0"> assessments, and&nbsp;</span></p> <p class="cls6"><span class="cls0"> mortgage tax receipts&nbsp;&nbsp;2 years&nbsp;</span></p> <p class="cls6"><span class="cls0">Municipal Bond Records&nbsp;&nbsp;7 years after final&nbsp;</span></p> <p class="cls6"><span class="cls0"> settlement&nbsp;</span></p> <p><span class="cls0">Personal Tax, Warrants&nbsp;</span></p> <p class="cls6"><span class="cls0"> and Records&nbsp;&nbsp;2 years&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 232, &sect; 3, emerg. eff. April 7, 1972. Amended by Laws 1979, c. 30, &sect; 68, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19155.6. Request by State Library.&nbsp;</span></p> <p><span class="cls0">The State Library may be given any record, which would otherwise be destroyed, upon its request therefor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 232, &sect; 4, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-155.7. County records - Photographing, microphotographing, photostating, reproducing on film or storing on optical disks.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 31, &sect; 1, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-156. Repealed by Laws 1953, p. 73, &sect; 6, emerg. eff. April 30, 1953.&nbsp;</span></p> <p><span class="cls0">&sect;19-157. Repealed by Laws 1965, c. 501, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;19-158. Repealed by Laws 1965, c. 501, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;19-159. Repealed by Laws 1965, c. 501, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;19160. Extra help and travel expenses Payment from separate budget items.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 314, &sect; 1, emerg. eff. May 7, 1968.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-161. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">1. "County officer" means the county clerk, county commissioner, county assessor, district court clerk, county treasurer and county sheriff;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 221, &sect; 1, emerg. eff. May 30, 1979. Amended by Laws 1993, c. 239, &sect; 5, eff. July 1, 1993; Laws 1999, c. 117, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19162. Deputies Appointment Compensation and salaries Appropriations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 221, &sect; 2, emerg. eff. May 30, 1979. Amended by Laws 1997, c. 283, &sect; 1, emerg. eff. May 27, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19163. Reimbursement for traveling expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 221, &sect; 3, emerg. eff. May 30, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19164. Private automobiles Reimbursement for use.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 221, &sect; 4, emerg. eff. May 30, 1979. Amended by Laws 1980, c. 302, &sect; 1, eff. July 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-165. Travel allowance in lieu of traveling expenses - Newly elected officials - Emergency use of county-owned vehicle or equipment.&nbsp;</span></p> <p><span class="cls0">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 Five Hundred Dollars ($500.00), and each county clerk, court clerk and county treasurer may receive a monthly travel allowance of Four Hundred Dollars ($400.00). 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.&nbsp;</span></p> <p><span class="cls0">B. All newly elected county officials shall be reimbursed by their respective counties for any approved training provided before such official takes office. Such training expenses shall be reimbursed in January when such official takes office.&nbsp;</span></p> <p><span class="cls0">C. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 221, &sect; 5, emerg. eff. May 30, 1979. Amended by Laws 1980, c. 302, &sect; 2, eff. July 1, 1980; Laws 1993, c. 239, &sect; 6, eff. July 1, 1993; Laws 1998, c. 258, &sect; 1, eff. Nov. 1, 1998; Laws 2000, c. 86, &sect; 1, eff. Nov. 1, 2000; Laws 2005, c. 208, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 255, &sect; 1, eff. Nov. 1, 2006; Laws 2007, c. 67, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19166. Forfeiture of travel allowance Membership organizations Attending conferences, etc. Traveling expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 221, &sect; 6, emerg. eff. April 19, 1985. Amended by Laws 1985, c. 32, &sect; 1, emerg. eff. April 19, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19167. Blanket bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 221, &sect; 7, emerg. eff. May 30, 1979. Amended by Laws 1981, c. 72, &sect; 2, eff. Oct. 1, 1981; Laws 1982, c. 367, &sect; 1, emerg. eff. July 14, 1982; Laws 1994, c. 42, &sect; 1, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-168. Volunteer - Protection of sovereign immunity - Travel and training expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 203, &sect; 1, emerg. eff. May 8, 1989. Amended by Laws 1996, c. 109, &sect; 1, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-171. Audit by State Auditor and Inspector - Scope of audit - County government financial audits.&nbsp;</span></p> <p><span class="cls0">A. Each county of this state shall every two (2) years have an audit made by the State Auditor and Inspector or a 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.&nbsp;</span></p> <p><span class="cls0">B. 1. For purposes of this subsection, an audit shall be a financial or performance audit defined as follows:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;the financial audit shall be planned and conducted, and the results of the work reported, in accordance with auditing standards generally accepted in the United States and Government Auditing Standards issued by the Comptroller General of the United States,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;the performance audit shall be planned and conducted, and the results of the work reported, in accordance with Government Auditing Standards issued by the Comptroller General of the United States. The performance audit shall encompass an audit of internal controls and compliance with laws and regulations based on an individual risk assessment.&nbsp;</span></p> <p><span class="cls0">The type of audit to be performed will be determined by the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">2. Unless the county elects to prepare its financial statement in accordance with Generally Accepted Accounting Principles as prescribed by the Governmental Accounting Standards Board, the county shall present their financial statements in a regulatory basis of accounting as prescribed in subsection C of this section.&nbsp;</span></p> <p><span class="cls0">C. 1. For county, primary government only, financial audits, the financial statements shall be presented on a fund-basis format with, at a minimum, the general fund and all other county funds which represent ten percent (10%) or greater of total county revenue. All other funds included in the audit shall be presented in the aggregate.&nbsp;</span></p> <p><span class="cls0">2. The financial statements shall include but not be limited to the following:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;a statement of revenues or receipts, expenditures or disbursements, and changes in cash balances for the funds identified in the preceding paragraph, and&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;notes to the financial statements.&nbsp;</span></p> <p><span class="cls0">D. The report shall include but not be limited to the following supplemental information:&nbsp;</span></p> <p><span class="cls0">1. A combining schedule detailing by fund the information presented in the aggregate;&nbsp;</span></p> <p><span class="cls0">2. A comparison of the final adopted budget to the actual expenditures for all funds required by law to have an adopted budget; and&nbsp;</span></p> <p><span class="cls0">3. Notes to the budget to actual schedule.&nbsp;</span></p> <p><span class="cls0">E. An audit may include a performance audit, a financial audit, agreed-upon procedures, or limited review of the books and records. In addition to the above, the 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 the county official, covering a period from the date of the last general audit up to the date of the death, resignation or removal therefrom.&nbsp;</span></p> <p><span class="cls0">F. 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 the general audit, provided, that nothing herein shall prevent the State Auditor and Inspector from causing an audit to be made for any prior year of all the books, records and accounts of the county official.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 40, p. 77, &sect; 1, emerg. eff. May 2, 1933. Amended by Laws 1979, c. 30, &sect; 69, emerg. eff. April 6, 1979; Laws 2007, c. 132, &sect; 2, eff. Nov. 1, 2007; Laws 2011, c. 18, &sect; 1, eff. July 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-172. Repealed by Laws 1979, c. 30, &sect; 164, emerg. eff. April 6, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19173. Special audit fund Payments made from.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 40, p. 78, &sect; 3. Amended by Laws 1979, c. 30, &sect; 70, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19174. Reports Copies Officers filed with.&nbsp;</span></p> <p><span class="cls0">A copy of each report of audit shall be filed with the Governor, district attorney, county clerk and the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 40, p. 78, &sect; 4. Amended by Laws 1979, c. 30, &sect; 71, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19174.1. Publication of notice of filing of audit report Posting of certificate of completion.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 92, &sect; 1. Amended by Laws 1979, c. 30, &sect; 72, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19174.2. Cost of publication.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 92, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-175. Repealed by Laws 1941, p. 466, &sect; 15.&nbsp;</span></p> <p><span class="cls0">&sect;19176. Partial invalidity Effect.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 40, p. 78, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19177.1. Purpose of law.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 282, &sect; 1. Amended by Laws 1979, c. 30, &sect; 73, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-177.2. Use of ad valorem levy for county audit - Lapse and cancellation of unexpended balance.&nbsp;</span></p> <p><span class="cls0">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. Upon request by the board of county commissioners, the State Auditor and Inspector shall, after making a determination that sufficient funds are encumbered to cover the cost of the audit of all county accounts so financed, issue a certification of release of the unencumbered balance of these funds prior to completion of the audit.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 283, &sect; 2. Amended by Laws 1979, c. 30, &sect; 74, emerg. eff. April 6, 1979; Laws 2010, c. 65, &sect; 2, eff. July 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-177.3. Repealed by Laws 1963, p. 769, &sect; 1, eff. June 25, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19177.4. Expense of typing, binding and distribution of audit reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 283, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19177.5. Annual defined Audit of current acounts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 283, &sect; 5. Amended by Laws 1979, c. 30, &sect; 75, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19177.6. Audit of property accounts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 284, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19177.7. Purveyors of services, goods, wares or merchandise to county Verification of accounts Privileged information Inspection of accounts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 284, &sect; 7. Amended by Laws 1979, c. 30, &sect; 76, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-177.8. Repealed by Laws 1957, p. 550, &sect; 3, emerg. eff. May 31, 1957.&nbsp;</span></p> <p><span class="cls0">&sect;19-178.1. Inventory - Continuous inventory - Accounting.&nbsp;</span></p> <p><span class="cls0">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 annually 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 66, &sect; 1, emerg. eff. June 10, 1953. Amended by Laws 1981, c. 60, &sect; 1, eff. Oct. 1, 1981; Laws 1988, c. 145, &sect; 1, emerg. eff. April 27, 1988; Laws 2005, c. 201, &sect; 1, eff. July 1, 2005; Laws 2012, c. 49, &sect; 1, emerg. eff. April 16, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-178.2. Duty of officers and employees to conform to law.&nbsp;</span></p> <p><span class="cls0">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 the 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. It shall be the duty and responsibility of each elected county official to create and maintain inventory records of said office. Such inventory shall be filed with the county clerk.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 67, &sect; 2, emerg. eff. June 10, 1953. Amended by Laws 2011, c. 176, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19178.3. Custodian of records, files and reports - Destruction.&nbsp;</span></p> <p><span class="cls0">A. The county clerk shall be custodian and repository of all inventory records, files and reports.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 67, &sect; 3, emerg. eff. June 10, 1953. Amended by Laws 1993, c. 334, &sect; 1, emerg. eff. June 9, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19178.4. Systems and forms Audit and verification of accounts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 67, &sect; 4, emerg. eff. June 10, 1953. Amended by Laws 1979, c. 30, &sect; 77, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19178.5. Penalties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 67, &sect; 5, emerg. eff. June 10, 1953.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-179.1. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.2. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.3. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.4. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.5. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.6. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.7. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.8. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.9. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.10. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.11. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.12. Repealed by Laws 1959, p. 100, &sect; 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.13. Repealed by Laws 1968, c. 162, &sect; 8, eff. Jan. 13, 1969 and Laws 1968, c. 412, &sect; 19, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.14. Repealed by Laws 1968, c. 162, &sect; 8, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.15. Repealed by Laws 1968, c. 412, &sect; 19, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.16. Repealed by Laws 1969, c. 14, &sect; 1, eff. Feb. 10, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.17. Repealed by Laws 1968, c. 162, &sect; 8, eff. Jan. 13, 1969 and Laws 1968, c. 412, &sect; 19, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.18. Repealed by Laws 1968, c. 162, &sect; 8, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.19. Repealed by Laws 1969, c. 14, &sect; 1, eff. Feb. 10, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.20. Repealed by Laws 1957, p. 106, &sect; 3, emerg. eff. March 28, 1957.&nbsp;</span></p> <p><span class="cls0">&sect;19-179.21. Repealed by Laws 1969, c. 14, &sect; 1, eff. Feb. 10, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.1. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.2. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.3. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.4. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.5. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.6. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.7. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.8. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.9. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.10. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.11. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.12. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.12a. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.12b. Repealed by Laws 1949, p. 139, &sect; 12 and Laws 1949, p. 151, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.13. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.14. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.15. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.16. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.16a. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.17. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.18. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.19. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.20. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.21. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.22. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.23. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.24. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.25. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.26. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.27. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.28. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.29. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.30. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.31. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.32. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.33. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.34. Repealed by Laws 1947, p. 194, &sect; 2 and Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.35. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.36. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.37. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.37a. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.37b. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.38. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.38a. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.39. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.40. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.41. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42a. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42b. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42c. Repealed by Laws 1955, p. 608, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42d. Repealed by Laws 1968, c. 262, &sect; 8, eff. Jan. 13, 1968 and Laws 1968, c. 412, &sect; 19, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42e. Repealed by Laws 1968, c. 262, &sect; 8, eff. Jan. 13, 1968 and Laws 1968, c. 412, &sect; 19, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42f. Repealed by Laws 1961, c. 212, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42g. Repealed by Laws 1968, c. 162, &sect; 8.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42h. Repealed by Laws 1968, c. 262, &sect; 8, eff. Jan. 13, 1968, and Laws 1968, c. 412, &sect; 19, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.42i. Repealed by Laws 1959, p. 100, &sect; 14.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.43. Feeding, care, housing, and upkeep of prisoners - Expenses - Travel reimbursement - Violations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 76, &sect; 32, emerg. eff. April 12, 1943. Amended by Laws 1945, p. 50, &sect; 1, emerg. eff. Feb. 19, 1945; Laws 1951, p. 44, &sect; 1, emerg. eff. Feb. 24, 1951; Laws 1957, p. 92, &sect; 1, emerg. eff. June 7, 1957; Laws 1965, c. 111, &sect; 1, emerg. eff. May 19, 1965; Laws 1965, c. 508, &sect; 1, emerg. eff. July 20, 1965; Laws 1974, c. 180, &sect; 1, emerg. eff. May 11, 1974; Laws 1979, c. 30, &sect; 78, emerg. eff. April 6, 1979; Laws 1979, c. 221, &sect; 8, emerg. eff. May 30, 1979; Laws 1980, c. 120, &sect; 1, emerg. eff. April 15, 1980; Laws 1981, c. 101, &sect; 1, emerg. eff. April 22, 1981; Laws 1982, c. 79, &sect; 1; Laws 1984, c. 108, &sect; 1; Laws 1989, c. 348, &sect; 3, eff. Nov. 1, 1989; Laws 1991, c. 166, &sect; 1, eff. July 1, 1991; Laws 1992, c. 237, &sect; 1, emerg. eff. May 19, 1992; Laws 1994, c. 91, &sect; 1, eff. Sept. 1, 1994; Laws 1999, c. 24, &sect; 2, eff. July 1, 1999; Laws 2003, c. 33, &sect; 1, eff. Nov. 1, 2003; Laws 2004, c. 19, &sect; 1, emerg. eff. March 29, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.44. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.45. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.46. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.47. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.48. Repealed by Laws 1953, p. 73, &sect; 6, emerg. eff. April 30, 1953.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.49. Repealed by Laws 1953, p. 73, &sect; 6, emerg. eff. April 30, 1953.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.50. Repealed by Laws 1970, c. 107, &sect; 1, eff. April 1, 1970.&nbsp;</span></p> <p><span class="cls0">&sect;19180.51. Unforeseen increase of work Abnormal conditions Transfer of employees between offices.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 78, &sect; 40. Amended by Laws 1947, p. 210, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.52. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.53. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.54. Repealed by Laws 1980, c. 68, &sect; 1, emerg. eff. April 10, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.55. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.56. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.57. Repealed by Laws 1949, p. 139, &sect; 12.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.58. Application and purpose of act - Legislative determination.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The available revenues of the several counties out of which such salaries and wages may be paid;&nbsp;</span></p> <p><span class="cls0">2. The amount of services required to be performed;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The Legislature has determined that the foregoing bases of such schedule gradations generally are cognate to the combination of the following factors:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. The population of the county, hereinafter referred to as the "service-load".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 96, &sect; 1. Amended by Laws 1993, c. 334, &sect; 2, emerg. eff. June 9, 1993; Laws 1997, c. 119, &sect; 1, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19180.59. County assessor's certificate controlling as to valuations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 96, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19180.60. Federal census controlling as to population.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 96, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19180.61. Classification of officers.&nbsp;</span></p> <p><span class="cls0">For purposes of fixing salaries under this act, county officers shall be grouped in the following classifications:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Other elective county officers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 96, &sect; 4. Amended by Laws 1968, c. 198, &sect; 1, emerg. eff. April 19, 1968; Laws 1979, c. 221, &sect; 9, emerg. eff. May 30, 1979; Laws 1993, c. 239, &sect; 7, eff. July 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.62. Basic salaries.&nbsp;</span></p> <p><span class="cls0">A. The basic salaries of county officers upon which all salaries and future increases or decreases thereof shall be computed, shall be as follows:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The board of county commissioners shall set the salaries for all elected county officials within the limits allowed by law.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 96, &sect; 5. Amended by Laws 1968, c. 412, &sect; 19, eff. Jan. 13, 1969; Laws 1969, c. 14, &sect; 1, eff. Feb. 10, 1969; Laws 1974, c. 72, &sect; 1, emerg. eff. April 19, 1974; Laws 1978, c. 234, &sect; 1, eff. Jan. 8, 1979; Laws 1981, c. 257, &sect; 1, eff. July 1, 1981; Laws 1982, c. 191, &sect; 1, operative July 1, 1983; Laws 1989, c. 56, &sect; 2, operative July 1, 1989; Laws 1993, c. 109, &sect; 1, eff. July 1, 1993; Laws 1993, c. 239, &sect; 8, eff. July 1, 1993; Laws 1998, c. 195, &sect; 1, eff. Nov. 1, 1998; Laws 2000, c. 133, &sect; 1, eff. Nov. 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-180.63. Increase to basic salary.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">A. To the basic salary:&nbsp;</span></p> <p><span class="cls0">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 Seventy-five Million Dollars ($75,000,000.00) is reached;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Thereafter add the product of One Hundred Twenty-five 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;&nbsp;</span></p> <p><span class="cls0">4. Thereafter as to all additional net valuation add the product of One Hundred Twenty-five Dollars ($125.00) times each additional Twenty Million Dollars ($20,000,000.00) net valuation, or major fraction thereof.&nbsp;</span></p> <p><span class="cls0">B. 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:&nbsp;</span></p> <p><span class="cls0">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 seventy-five thousand (75,000) is reached; thereafter&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. The product of Twelve Dollars and fifty cents ($12.50) times each additional ten thousand (10,000) population, or major fraction thereof.&nbsp;</span></p> <p><span class="cls0">C. This section shall not reduce the present salary of any county officer in Oklahoma during their present term of office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 97, &sect; 6. Amended by Laws 1961, p. 212, &sect; 1, emerg. eff. April 10, 1961; Laws 1963, c. 66, &sect; 1, emerg. eff. May 14, 1963; Laws 1967, c. 352, &sect; 1, emerg. eff. May 18, 1967; Laws 1968, c. 138, &sect; 9; Laws 1968, c. 412, &sect; 16; Laws 1969, c. 14, &sect; 1, emerg. eff. Feb. 10, 1969; Laws 1972, c. 115, &sect; 1, emerg. eff. March 31, 1972; Laws 1974, c. 72, &sect; 2, emerg. eff. April 19, 1974; Laws 1977, c. 239, &sect; 1, eff. July 1, 1977; Laws 1978, c. 234, &sect; 2, eff. Jan. 8, 1979; Laws 1981, c. 257, &sect; 2, eff. July 1, 1981; Laws 1982, c. 191, &sect; 2, operative July 1, 1983; Laws 1985, c. 293, &sect; 2, emerg. eff. July 23, 1985; Laws 1989, c. 324, &sect; 1, eff. July 1, 1989; Laws 1993, c. 239, &sect; 9, eff. July 1, 1993; Laws 2010, c. 362, &sect; 1, eff. Nov. 1, 2010; Laws 2011, c. 9, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-180.63a. Repealed by Laws 1969, c. 14, &sect; 1, eff. Feb. 10, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.63b. Repealed by Laws 1969, c. 14, &sect; 1, eff. Feb. 10, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19180.63d. Withholding of salary increase.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 234, &sect; 3, eff. Jan. 8, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19180.63e. Certain increases or decreases in salaries of county officers prohibited.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 293, &sect; 3, emerg. eff. July 23, 1985. Amended by Laws 1987, c. 209, &sect; 3, eff. July 1, 1987.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.64. Repealed by Laws 1968, c. 412, &sect; 20, eff. May 17, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.64A. Minimum salary for county officials.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 451, &sect; 1. Amended by Laws 1969, c. 54, &sect; 1, emerg. eff. March 5, 1969; Laws 1972, c. 128, &sect; 1, emerg. eff. April 7, 1972; Laws 1974, c. 72, &sect; 3, emerg. eff. April 19, 1974; Laws 1977, c. 239, &sect; 2, eff. July 1, 1977; Laws 1978, c. 234, &sect; 4, eff. Jan. 8, 1979; Laws 1981, c. 257, &sect; 3, eff. July 1, 1981; Laws 1982, c. 191, &sect; 3, operative July 1, 1983; Laws 1989, c. 56, &sect; 3, operative July 1, 1989; Laws 1993, c. 239, &sect; 10, eff. July 1, 1993; Laws 1998, c. 195, &sect; 2, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19180.64B. Appropriations and payments.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 451, &sect; 2, eff. July 1, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19180.64C. Restrictions.&nbsp;</span></p> <p><span class="cls0">The provisions of Section 1 shall be subject to the restrictions set forth in 19 O.S. 1961, Section 180.67(b).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 451, &sect; 3, eff. July 1, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.64D. Repealed by Laws 1976, c. 208, &sect; 11, operative July 1, 1976.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.64E. Repealed by Laws 1976, c. 208, &sect; 11, operative July 1, 1976.&nbsp;</span></p> <p><span class="cls0">&sect;19180.64F. Definition of "a major fraction thereof".&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 234, &sect; 5, eff. Jan. 8, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.65. Deputies and other help.&nbsp;</span></p> <p><span class="cls0">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 part-time basis. However, no such employments shall exceed the amount of lawful funds appropriated for such purpose.&nbsp;</span></p> <p><span class="cls0">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, undersheriff, 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, undersheriff, 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, undersheriff, or assistant shall be bonded in the same manner and in the same sum as required for the principal officer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 98, &sect; 8. Amended by Laws 1961, p. 214, &sect; 1; Laws 1961, p. 215, &sect; 1, emerg. eff. July 31, 1961; Laws 1976, c. 292, &sect; 2, emerg. eff. June 17, 1976; Laws 1977, c. 7, &sect; 1, emerg. eff. Feb. 25, 1977; Laws 1979, c. 26, &sect; 1, emerg. eff. April 3, 1979; Laws 1981, c. 72, &sect; 3; Laws 1993, c. 239, &sect; 11, eff. July 1, 1993; Laws 1997, c. 283, &sect; 2, emerg. eff. May 27, 1997; Laws 1998, c. 195, &sect; 3, eff. Nov. 1, 1998; Laws 2005, c. 117, &sect; 1, eff. July 1, 2005; Laws 2012, c. 123, &sect; 1, eff. Nov 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-180.66. Repealed by Laws 1969, c. 14, &sect; 1, eff. Feb. 10, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.67. Act to be comprehensive salary code.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 99, &sect; 10. Amended by Laws 1993, c. 239, &sect; 12, eff. July 1, 1993; Laws 1998, c. 195, &sect; 4, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19180.68. Date changes in salaries and rates of pay to take effect.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 100, &sect; 11. Amended by Laws 1994, c. 6, &sect; 1, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.69. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.70. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-180.71. Purpose and application of act - Bases of uniform schedule.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The available revenues of the several counties out of which such salaries and wages may be paid;&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;2. The amount of services required to be performed;&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">C. The Legislature has determined that the foregoing bases of such schedule gradations generally are cognate to the combination of the following factors:&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;2. The population of the county, hereinafter referred to as the "service-load".&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 3, emerg. eff. June 9, 1993. Amended by Laws 1997, c. 119, &sect; 2, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.72. Determination of service-load factor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 4, emerg. eff. June 9, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.73. Classification of officers.&nbsp;</span></p> <p><span class="cls0">For purposes of fixing salaries under this act, county officers shall be grouped in the following classifications:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. Other elective county officers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 5, emerg. eff. June 9, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.74. Basic salaries.&nbsp;</span></p> <p><span class="cls0">A. The basic salaries of county officers upon which all salaries and future increases or decreases thereof shall be computed, shall be as follows:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The board of county commissioners shall set the salaries for all elected county officials within the limits allowed by law.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 6, emerg. eff. June 9, 1993. Amended by Laws 1998, c. 187, &sect; 1, emerg. eff. April 29, 1998; Laws 1998, c. 258, &sect; 3, eff. Nov. 1, 1998; Laws 2000, c. 133, &sect; 2, eff. Nov. 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, c. 195, &sect; 5 repealed by Laws 1998, c. 258, &sect; 4, eff. Nov. 1, 1998.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-180.75. Increase of basic salary.&nbsp;</span></p> <p><span class="cls0">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 180.73 of this title may be increased from the applicable basic salary named in Section 180.74 of this title, for the factor of service-ability, as defined in Section 180.71 of this title, according to the following scale:&nbsp;</span></p> <p><span class="cls0">1. To the basic salary:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;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),&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;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),&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;thereafter add the product of One Hundred Twenty-five 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),&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;thereafter as to all additional revenue which is authorized to be collected for county purposes add the product of One Hundred Twenty-five Dollars ($125.00) times each additional Two Hundred Thousand Dollars ($200,000.00) of such revenue, or major fraction thereof; and&nbsp;</span></p> <p><span class="cls0">2. The salary of each county officer shall be additionally increased from the basic salary named in Section 180.74 of this title, and the additions to the basic salary as provided in this section, for population or service load according to the following scale:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;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 seventy-five thousand (75,000) is reached,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;thereafter add the product of Twelve Dollars and fifty cents ($12.50) times each additional ten thousand (10,000) population, or major fraction thereof.&nbsp;</span></p> <p><span class="cls0">B. This section shall not reduce the present salary of any county officer in Oklahoma during their present term of office.&nbsp;</span></p> <p><span class="cls0">C. As used in this section, "major fraction thereof" means any amount greater than one-half (1/2).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 7, emerg. eff. June 9, 1993. Amended by Laws 2010, c. 362, &sect; 2, eff. Nov. 1, 2010; Laws 2011, c. 9, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-180.76. Withholding of salary increase.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 8, emerg. eff. June 9, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.77. Salary increase or decrease for officers during term of office prohibited.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 9, emerg. eff. June 9, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.78. Minimum salaries.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 10, emerg. eff. June 9, 1993. Amended by Laws 1998, c. 195, &sect; 6, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.79. Duty to appropriate funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 11, emerg. eff. June 9, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.80. Minimum salaries subject to restrictions on appropriations.&nbsp;</span></p> <p><span class="cls0">The provisions of Section 10 of this act shall be subject to the restrictions set forth in Section 14 of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 12, emerg. eff. June 9, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.81. Deputies and other help.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 13, emerg. eff. June 9, 1993. Amended by Laws 1998, c. 195, &sect; 7, eff. Nov. 1, 1998; Laws 2005, c. 117, &sect; 2, eff. July 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.82. Act to be comprehensive salary code.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 14, emerg. eff. June 9, 1993. Amended by Laws 1998, c. 195, &sect; 8, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.83. Date changes in salaries and rates of pay to take effect.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 15, emerg. eff. June 9, 1993. Amended by Laws 1994, c. 6, &sect; 2, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-180.84. Longevity pay program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 99, &sect; 1, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-180.90. National disaster leave.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The employee suffered a physical injury as a result of the disaster;&nbsp;</span></p> <p><span class="cls0">2. A relative or household member of the employee suffered a physical injury or died as a result of the disaster; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Relative of the employee&rdquo; shall be limited to the spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Household members&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. An employee eligible for disaster-related leave may receive up to fifteen (15) days donated leave;&nbsp;</span></p> <p><span class="cls0">2. The donated leave must be used for disaster-related injuries or matters;&nbsp;</span></p> <p><span class="cls0">3. The eligible employee shall not be required to take or exhaust any of the employee&rsquo;s regular sick, personal, or emergency leave in order to receive donated leave;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">6. The county may require documentation to support a request to use donated leave pursuant to this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 306, &sect; 5, eff. July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-181. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-182. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-183. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-184. Repealed by Laws 1941, p. 59, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;19-185. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-185a. Repealed by Laws 1959, p. 101, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-185b. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-186. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-187. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-188. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-189. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-190. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-191. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-201. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-202. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-203. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-204. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-205. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-206. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-207. Repealed by Laws 1965, c. 256, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19211. Suits brought by Commissioners of Land Office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 83, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19212. Land Office suits Duties Instructions of Commissioners.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 84, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19213. Land Office suits Failure of district attorney.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 84, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.1. Office created Method of filling Number.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s District No. (3); and, effective January 6, 2003, Washita, Ellis, Roger Mills, Custer and Beckham Counties shall be denominated as District Attorney&rsquo;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 1. Amended by Laws 2001, c. 87, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.2. District Attorney - Qualifications.&nbsp;</span></p> <p><span class="cls0">Any person, otherwise qualified, who has been a resident of the state for two (2) years, a registered voter in the district and a resident residing within such district for at least six (6) months immediately preceding the filing period, a duly licensed attorney for at least five (5) years, and at least twenty-eight (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 the district attorney was elected during the term of office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 2. Amended by Laws 1967, c. 265, &sect; 1, emerg. eff. May 8, 1967; Laws 1970, c. 320, &sect; 1, emerg. eff. April 27, 1970; Laws 1974, c. 229, &sect; 1, emerg. eff. May 15, 1974; Laws 1987, c. 224, &sect; 2, eff. Nov. 1, 1987; Laws 1989, c. 348, &sect; 4, eff. Nov. 1, 1989; Laws 2011, c. 72, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-215.3. Bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 3. Amended by Laws 1967, c. 265, &sect; 2, emerg. eff. May 8, 1967; Laws 1996, c. 24, &sect; 1, emerg. eff. April 3, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.4. Duties.&nbsp;</span></p> <p><span class="cls0">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, district attorney investigators from other districts, or any attorney employed by the District Attorneys Council 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 4. Amended by Laws 1967, c. 265, &sect; 3, emerg. eff. May 8, 1967; Laws 1988, c. 109, &sect; 2, eff. Nov. 1, 1988; Laws 1989, c. 179, &sect; 1, eff. Nov. 1, 1989; Laws 1992, c. 316, &sect; 59, eff. July 1, 1992; Laws 1992, c. 327, &sect; 9, eff. July 1, 1992; Laws 1996, c. 24, &sect; 2, emerg. eff. April 3, 1996; Laws 2008, c. 334, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.5. Advice to county officers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.6. Repealed by Laws 1971, c. 345, &sect; 6, emerg. eff. June 25, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;19215.7. Private practice.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 7.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.8. Candidate for other office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 8. Amended by Laws 1974, c. 153, &sect; 17107, operative Jan. 1, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.9. First assistant Temporary appointments Vacancies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 9. Amended by Laws 1967, c. 265, &sect; 5, emerg. eff. May 8, 1967; Laws 1987, c. 224, &sect; 3, eff. Nov. 1, 1987.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.10. Receipts for monies received.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 10.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.11. Payments to county treasurer.&nbsp;</span></p> <p><span class="cls0">Every district attorney shall pay over to the county treasurer of the county in which same is receivable all money the district attorney may receive as such district attorney within ten (10) days after receiving said money.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 11. Amended by Laws 2010, c. 226, &sect; 3, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.12. Failure to account or pay over.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 12.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.13. Grand jury.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 13. Amended by Laws 1989, c. 179, &sect; 2, eff. Nov. 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.14. Repealed by Laws 1982, c. 340, &sect; 24, eff. Jan. 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-215.15. Repealed by Laws 1982, c. 340, &sect; 24, eff. Jan. 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-215.15a. Renumbered as &sect; 215.33 of this title by Laws 1982, c. 340, &sect; 25, emerg. eff. June 2, 1982.&nbsp;</span></p> <p><span class="cls0">&sect;19215.16. Powers and duties of district attorney.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 16.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.17. Repealed by Laws 1982, c. 340, &sect; 24, eff. Jan. 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-215.18. Repealed by Laws 1982, c. 340, &sect; 24, eff. Jan. 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19215.19. Office of county attorney abolished.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 19.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.20. Election of district attorney Tenure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 256, &sect; 20.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.21. Repealed by Laws 1974, c. 232, &sect; 5, emerg. eff. May 16, 1974.&nbsp;</span></p> <p><span class="cls0">&sect;19-215.22. Destruction of certain records - Reproduction of records.&nbsp;</span></p> <p><span class="cls0">A. The district attorney is hereby authorized to destroy all or a portion of his or her office records and files relating to:&nbsp;</span></p> <p><span class="cls0">1. Any felony case or record relating to a felony investigation 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 shall microfilm or provide computer storage for such felony cases;&nbsp;</span></p> <p><span class="cls0">2. Any misdemeanor or traffic case or record relating to a misdemeanor or traffic investigation, provided a period of five (5) years shall have elapsed since the last action in said case and provided the district attorney in his or her discretion may microfilm or provide computer storage for such misdemeanor or traffic cases to be destroyed;&nbsp;</span></p> <p><span class="cls0">3. Any juvenile case, provided a period of ten (10) years shall have elapsed since the last action in said case and provided the district attorney in his or her discretion may microfilm or provide computer storage for such juvenile case to be destroyed; and&nbsp;</span></p> <p><span class="cls0">4. Any civil case, provided a period of ten (10) years shall have elapsed since the last action in said case and provided the district attorney in his or her discretion may microfilm or provide computer storage for such civil case to be destroyed.&nbsp;</span></p> <p><span class="cls0">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 computer-generated image or record may be used by the district attorney in lieu of the destroyed record, file or case, for all purposes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 264, &sect; 1, eff. Jan. 1, 1971. Amended by Laws 1985, c. 293, &sect; 1, emerg. eff. July 23, 1985; Laws 1988, c. 109, &sect; 3, eff. Nov. 1, 1988; Laws 2013, c. 305, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19215.23. District attorney's payroll clerk Assistant Duties Qualifications of assistant district attorneys Tenure.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 275, &sect; 2, emerg. eff. April 22, 1970. Amended by Laws 1974, c. 232, &sect; 3, emerg. eff. May 16, 1974; Laws 1977, c. 40, &sect; 2, eff. July 1, 1977; Laws 1988, c. 109, &sect; 4, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.24. Repealed by Laws 1982, c. 340, &sect; 24, eff. Jan. 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19215.25. County officer or employee Legal defense services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The employee named in the action may employ private counsel at his own expense to assist in his defense.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 208, &sect; 4, operative July 1, 1976. Amended by Laws 1992, c. 316, &sect; 60, eff. July 1, 1992; Laws 1992, c. 327, &sect; 10, eff. July 1, 1992; Laws 2003, c. 474, &sect; 1, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.26. Defense duties Evidence.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 208, &sect; 5, operative July 1, 1976.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.27. Repealed by Laws 1982, c. 340, &sect; 24, eff. Jan. 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-215.28. District Attorneys Council.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created 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.&nbsp;</span></p> <p><span class="cls0">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 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 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.&nbsp;</span></p> <p><span class="cls0">C. 1. The Council shall be composed of the following members:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;the Attorney General, or a designated representative of the Attorney General,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;the President of the Oklahoma District Attorneys Association,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;the President-elect of the Oklahoma District Attorneys Association,&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;one district attorney selected by the Court of Criminal Appeals for a three-year term, and&nbsp;</span></p> <p class="cls9"><span class="cls0">e.&nbsp;&nbsp;one district attorney selected by the Board of Governors of the Oklahoma Bar Association for a three-year term.&nbsp;</span></p> <p><span class="cls0">2. A member of the Council shall vacate the appointment upon termination of the member's 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 the appointed member is to succeed in the same manner as the original appointment. Any member may serve more than one term.&nbsp;</span></p> <p><span class="cls0">D. The Council shall designate from among its members a Chairman and Vice Chairman who shall serve for one-year 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 appointment or membership on the Council, nor shall the member forfeit the office or employment, by reason of appointment to the Council.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 section.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Organize, supervise and perform functions consistent with this act;&nbsp;</span></p> <p><span class="cls0">2. Convene regional or statewide conferences and training seminars for the purpose of implementing the provisions of this act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. Serve in an advisory capacity to the district attorneys of the state;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. Gather and disseminate information to district attorneys relative to their official duties, including changes in the law relative to their office;&nbsp;</span></p> <p><span class="cls0">7. Coordinate with law enforcement officers, the courts and corrections workers providing interdisciplinary seminars to augment the effectiveness of the criminal justice system;&nbsp;</span></p> <p><span class="cls0">8. Require statistical reports from district attorneys' offices relating to functions and workload performance;&nbsp;</span></p> <p><span class="cls0">9. Recommend additional legislation necessary to upgrade the Oklahoma District Attorneys System to professional status;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">J. The Council may accept operation and supervision of the Law Enforcement Assistance Administration grants presently being administered by the Oklahoma District Attorneys Association.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 73, &sect; 2, eff. July 1, 1976. Amended by Laws 1977, c. 40, &sect; 4, eff. July 1, 1977. Renumbered from &sect; 3311.1 of Title 70 by Laws 1977, c. 40, &sect; 5, eff. July 1, 1977. Amended by Laws 1979, c. 47, &sect; 6, emerg. eff. April 9, 1979; Laws 1980, c. 77, &sect; 1, eff. Oct. 1, 1980; Laws 1982, c. 340, &sect; 19, emerg. eff. June 2, 1982; Laws 1985, c. 178, &sect; 13, operative July 1, 1985; Laws 1988, c. 109, &sect; 5, eff. Nov. 1, 1988; Laws 2008, c. 334, &sect; 2, eff. Nov. 1, 2008; Laws 2012, c. 304, &sect; 67.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-215.29. District attorney, assistant district attorney, and retired district attorney may carry a firearm for personal protection.&nbsp;</span></p> <p><span class="cls0">A. A district attorney, or retired district attorney who receives a statement from the appropriate retirement system verifying the status of the person as a retired district attorney, may carry a firearm on his or her person anywhere in the state to use only for personal protection if the person 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.&nbsp;</span></p> <p><span class="cls0">B. At the discretion of the district attorney, the district attorney may allow an assistant district attorney to carry a firearm on his or her person anywhere in the state to use only for personal protection if the person 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 291, &sect; 1. Amended by Laws 2010, c. 77, &sect; 1, eff. Nov. 1, 2010; Laws 2011, c. 41, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-215.30. Salaries and expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Population, for the purposes of Section 215.1 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:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The District Attorneys Council, which may hereinafter be referred to as the "Council", 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 Management and Enterprise Services for payment. The Council and the Director of the Office of Management and Enterprise Services 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 340, &sect; 11, emerg. eff. June 2, 1982. Amended by Laws 1985, c. 306, &sect; 1, emerg. eff. July 24, 1985; Laws 1988, c. 109, &sect; 6, eff. Nov. 1, 1988; Laws 1990, c. 264, &sect; 28, operative July 1, 1990; Laws 1991, c. 58, &sect; 1, emerg. eff. April 10, 1991; Laws 1994, c. 239, &sect; 2; Laws 1996, c. 24, &sect; 3, emerg. eff. April 3, 1996; Laws 1997, c. 384, &sect; 9, eff. Jan. 1, 1999; Laws 2000, c. 261, &sect; 1, eff. Nov. 1, 2000; Laws 2002, c. 389, &sect; 1, emerg. eff. June 4, 2002; Laws 2008, c. 334, &sect; 3, eff. Nov. 1, 2008; Laws 2012, c. 304, &sect; 68.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19215.31. Retirement and pensions Staff and other personnel salaries Leave time payments.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 340, &sect; 12, emerg. eff. June 2, 1982. Amended by Laws 1988, c. 109, &sect; 7, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.32. Repealed by Laws 1992, c. 316, &sect; 63, eff. July 1, 1992.&nbsp;</span></p> <p><span class="cls0">&sect;19-215.33. Victim-witness coordinator training.&nbsp;</span></p> <p><span class="cls0">All victim-witness coordinators appointed to perform the services specified in subsection A of Section 4 of this act shall complete a minimum of twelve (12) hours in-service training annually. The training shall be conducted pursuant to the direction of the District Attorneys Council and the Crime Victims Compensation Board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 219, &sect; 2. Renumbered from &sect; 215.15a of this title by Laws 1982, c. 340, &sect; 25, emerg. eff. June 2, 1982. Amended by Laws 1987, c. 224, &sect; 5, eff. Nov. 1, 1987; Laws 1988, c. 109, &sect; 8, eff. Nov. 1, 1988; Laws 1991, c. 296, &sect; 25, eff. Sept. 1, 1991; Laws 1992, c. 136, &sect; 1, eff. July 1, 1992; Laws 1993, c. 325, &sect; 1, emerg. eff. June 7, 1993; Laws 1994, c. 2, &sect; 7, emerg. eff. March 2, 1994; Laws 1996, c. 292, &sect; 1, emerg. eff. June 10, 1996; Laws 1997, c. 357, &sect; 5, emerg. eff. June 9, 1997; Laws 2003, c. 341, &sect; 1, eff. Nov. 1, 2003; Laws 2009, c. 165, &sect; 1, eff. July 1, 2009; Laws 2009, c. 234, &sect; 113, emerg. eff. May 21, 2009; Laws 2010, c. 135, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1993, c. 302, &sect; 2 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-215.34. Assistant district attorneys.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Each county in a district shall have at least one assistant district attorney who shall reside in the county or an adjoining county.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 340, &sect; 14, emerg. eff. June 2, 1982. Amended by Laws 1988, c. 254, &sect; 8, operative July 1, 1988; Laws 1994, c. 295, &sect; 2, eff. July 1, 1994; Laws 1995, c. 235, &sect; 1, eff. Sept. 1, 1995; Laws 2001, c. 418, &sect; 2, eff. July 1, 2001; Laws 2002, c. 460, &sect; 1, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.35. Repealed by Laws 2001, c. 418, &sect; 4, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;19-215.35A. District attorney investigators - Certification as peace officers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Any district attorney&rsquo;s investigator certified as a peace officer by the Council on Law Enforcement Education and Training may at the discretion of the district attorney be entitled to receive at the time of retirement, by reason of length of service, the continued custody, possession and ownership of the sidearm and badge carried by the investigator immediately prior to retirement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 109, &sect; 9, eff. Nov. 1, 1988. Amended by Laws 1989, c. 348, &sect; 5, eff. Nov. 1, 1989; Laws 1994, c. 295, &sect; 3, eff. July 1, 1994; Laws 1995, c. 240, &sect; 2, emerg. eff. May 24, 1995; Laws 2011, c. 41, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19215.35B. Administration of payrolls and claims.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 254, &sect; 7, operative July 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.35C. Compensation of district attorney personnel determined by district attorney.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 460, &sect; 2, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.36. Boards of county commissioners to provide certain facilities and services.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 340, &sect; 16, emerg. eff. June 2, 1982. Amended by Laws 1988, c. 109, &sect; 10, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.37. Repealed by Laws 1983, c. 207, &sect; 13, emerg. eff. June 15, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19215.37A. Maintenance and operating expenses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 1, emerg. eff. June 15, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37B. Certification of funds available for operation of district attorney's office.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 2, emerg. eff. June 15, 1983. Amended by Laws 1988, c. 109, &sect; 11, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37C. Estimate of needs.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. The second section shall include those appropriation requests which are to be financed by county funds as provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 3, emerg. eff. June 15, 1983. Amended by Laws 1988, c. 109, &sect; 12, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37D. Incorporation of district attorney's requested estimate of needs into county general fund's estimate of needs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 4, emerg. eff. June 15, 1983. Amended by Laws 1988, c. 109, &sect; 13, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37E. Approval of appropriation requests.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 5, emerg. eff. June 15, 1983. Amended by Laws 1988, c. 109, &sect; 14, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37F. Changes in amount of funds certified as available for operating expenses Transfer of appropriations Lapse of county funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 6, emerg. eff. June 15, 1983. Amended by Laws 1988, c. 109, &sect; 15, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37G. Purchases from district attorney appropriations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 7, emerg. eff. June 15, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37H. Temporary appropriations Availability of funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 8, emerg. eff. June 15, 1983. Amended by Laws 1988, c. 109, &sect; 16, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.37I. Report of expenditures or encumbrances - Reimbursement.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 9, emerg. eff. June 15, 1983. Amended by Laws 1988, c. 109, &sect; 17, eff. Nov. 1, 1988; Laws 1995, c. 168, &sect; 1, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37J. Exemptions from reimbursement provisions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 10, emerg. eff. June 15, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37K. Costs and expenses of investigation, prosecution or defense of county action - Claims - Audits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 11, emerg. eff. June 15, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.37L. Forms and procedures.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 207, &sect; 12, emerg. eff. June 15, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.37M. Contracts with private attorneys.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. If a district attorney and the District Attorneys Council agree, prosecution of any criminal matter may be provided by contract with an attorney not employed by a district 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 316, &sect; 61, eff. July 1, 1992. Amended by Laws 1996, c. 24, &sect; 4, emerg. eff. April 3, 1996; Laws 1997, c. 337, &sect; 4, eff. July 1, 1997; Laws 2008, c. 334, &sect; 4, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.38. Travel expenses Allocation of funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 340, &sect; 18, emerg. eff. June 2, 1982. Amended by Laws 1988, c. 109, &sect; 18, eff. Nov. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19215.39. Narrative report of offenses for offenders sentenced to incarceration for more than two years.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The form to be used for this report shall be developed and distributed by the District Attorneys Council.&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section shall not apply to offenders sentenced to terms of incarceration of two (2) years or less.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 318, &sect; 1, eff. Nov. 1, 1983. Amended by Laws 1985, c. 112, &sect; 1, eff. Nov. 1, 1985; Laws 1988, c. 109, &sect; 19, eff. Nov. 1, 1988; Laws 1992, c. 136, &sect; 2, eff. July 1, 1992; Laws 1993, c. 325, &sect; 2, emerg. eff. June 7, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-215.40. District Attorneys Evidence Fund.&nbsp;</span></p> <p><span class="cls0">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 the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 203, &sect; 40, operative July 1, 1987. Amended by Laws 1988, c. 109, &sect; 20, eff. Nov. 1, 1988; Laws 2012, c. 304, &sect; 69.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-220. Court Clerk's Revolving Fund - Administrative fee.&nbsp;</span></p> <p><span class="cls0">A. Beginning July 1, 1991, there is hereby created with the county treasurer of each county within this state a depository 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 shall be expended by the court clerk for the lawful operation of the court clerk&rsquo;s office. Claims against the fund shall include only expenses incurred for the operation of the court clerk&rsquo;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 Administrative Director of the Courts.&nbsp;</span></p> <p><span class="cls0">B. There shall be no monies, other than federal funds, deposited into the fund created herein, unless expressly authorized by the Legislature.&nbsp;</span></p> <p><span class="cls0">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&rsquo;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&rsquo;s Revolving Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 110, &sect; 1, emerg. eff. April 25, 1991. Amended by Laws 1998, c. 310, &sect; 3, eff. Nov. 1, 1998; Laws 2001, c. 258, &sect; 2, eff. July 1, 2001; Laws 2012, c. 47, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19221. Clerks of court Consolidation of offices Court clerk to perform duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 161, p. 330, &sect; 1. Amended by Laws 1915, c. 6, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-221.1. Repealed by Laws 1970, c. 107, &sect; 1, emerg. eff. April 1, 1970.&nbsp;</span></p> <p><span class="cls0">&sect;19-221.2. Renumbered as &sect; 36 of Title 12 by Laws 1970, c. 107, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-222. Renumbered as &sect; 37 of Title 12 by Laws 1970, c. 107, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-223. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-224. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19225. Consolidation of offices of register of deeds and county clerk.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 161, p. 332, &sect; 5. Amended by Laws 1915, c. 6, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-226. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-228. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-229. Repealed by Laws 1941, pp. 463 and 464, &sect;&sect; 3 and 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-230. Repealed by Laws 1941, pp. 463 and 464, &sect;&sect; 3 and 4.&nbsp;</span></p> <p><span class="cls0">&sect;19-231. Repealed by Laws 1959, p. 101, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19-232. Repealed by Laws 1970, c. 210, &sect; 2, eff. Jan. 1, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;19-233. Repealed by Laws 1970, c. 210, &sect; 2, eff. Jan. 1, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;19-234. Repealed by Laws 1970, c. 210, &sect; 2, eff. Jan. 1, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;19-235. Repealed by Laws 1970, c. 210, &sect; 2, eff. Jan. 1, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;19-241. Repealed by Laws 1980, c. 180, &sect; 6, emerg. eff. May 13, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19-241.1. Potential state taxes list issued to building permit applicants.&nbsp;</span></p> <p><span class="cls0">A. After the effective date of this act, the county clerk of a county or any other designated employee or official authorized to issue building permits shall provide to an applicant for a building permit a list, which shall be developed by the Oklahoma Tax Commission, of state taxes which may potentially be assessed against any Oklahoma taxpayer or out-of-state taxpayer who applies for a building permit in this state. Such list shall include a paragraph in bold, conspicuous type indicating the requirement for certain building permit applicants to register with the Oklahoma Business Registration System of the Tax Commission.&nbsp;</span></p> <p><span class="cls0">B. Upon the request for issuance of an occupancy permit, the clerk or other designated employee or official shall request proof of registration with the Tax Commission under their Oklahoma Business Registration System. If the applicant does not provide proof of registration, the clerk shall immediately issue the occupancy permit and shall advise the Tax Commission that the entity has not registered under the Oklahoma Business Registration System.&nbsp;</span></p> <p><span class="cls0">C. The Tax Commission may maintain, as part of its online Business Registration System, the capability for an applicant to obtain a document electronically which will serve as proof of registration under the system.&nbsp;</span></p> <p><span class="cls0">D. This section shall not apply to building permits for new construction or remodel projects less than Fifty Thousand Dollars ($50,000.00) in value.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 399, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19242. Appointment of deputies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1565.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19243. Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1566.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19244. Records and accounts.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the county clerk:&nbsp;</span></p> <p><span class="cls0">First. To record in a book to be provided for that purpose, all proceedings of the board.&nbsp;</span></p> <p><span class="cls0">Second. To make regular entries of their resolutions and decisions in all questions concerning the raising of money.&nbsp;</span></p> <p><span class="cls0">Third. To record the vote of each commissioner, on any question submitted to the board, if required by any member thereof, and not otherwise.&nbsp;</span></p> <p><span class="cls0">Fourth. To attest all orders issued by the board and signed by the chairman thereof for the payment of monies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1567.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-245. Duties as to audited accounts - Certified copies of papers &ndash; Fee for providing records in electronic format &ndash; Exemptions.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of the county clerk to designate upon every account, which shall be audited and allowed by the board, the amount so allowed, and the clerk shall deliver to any person a copy certified or otherwise of any record in the clerk's office and any account on file thereon, upon receiving the fee allowed pursuant to the Oklahoma Open Records Act or the county clerk fee schedule, Section 32 of Title 28 of the Oklahoma Statutes, for every page contained in the copy. Upon demand, the clerk shall furnish a certified copy in the form as it exists and at the preference of the requestor as provided by the Oklahoma Open Records Act or the county clerk fee schedule.&nbsp;</span></p> <p><span class="cls0">B. If the clerk provides records in an electronic format, the clerk may charge a reasonable fee for providing such records. For purposes of this section, "reasonable fee" shall mean the fee being charged by the clerk as of January 1, 2013, but shall not exceed twenty-five cents ($0.25) per page or fifteen cents ($0.15) per page for providing more than three thousand five hundred pages in an electronic format. All recording devices for providing records in an electronic format shall be supplied by the county clerk. News media obtaining records in an electronic format for a news purpose and licensed abstractors performing their duties pursuant to state law shall be exempt from the fees provided for in this subsection. Nothing in this section shall be construed to allow county clerks to provide all or part of a tract index for use in any commercial purpose.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1568. Amended by Laws 1989, c. 243, &sect; 1, emerg. eff. May 12, 1989; Laws 2013, c. 360, &sect; 1, emerg. eff. May 29, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19246. County orders.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1569.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19247. Accounts must be filed within two years Exception.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1570.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19248. Duty when new township organized.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1571. Amended by Laws 1979, c. 30, &sect; 3, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-249. Repealed by Laws 1997, c. 79, &sect; 1, eff. Nov. 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;19250. Record of accounts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1573.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19251. Accounts with county treasurer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1574.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19252. Charges and credits How stated.&nbsp;</span></p> <p><span class="cls0">The county clerk, in making the above charges, credits and entries, shall state each different fund and each item of each different fund separately.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1575.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-253. Repealed by Laws 1941, p. 462, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19-254. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-255. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19256. Unclaimed warrants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1579. Amended by Laws 1993, c. 105, &sect; 1, emerg. eff. April 23, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19257. List and signatures of county officers to Secretary of State.&nbsp;</span></p> <p><span class="cls0">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).&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1580.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-258. Repealed by Laws 1941, p. 462, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19-259. Repealed by Laws 1949, p. 148, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-260. Repealed by Laws 1945, p. 50, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19261. Instruments filed for record Printed or typed name of signer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 79, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19262. Bankruptcy petitions, orders and decrees to be filed.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1945, p. 80, &sect; 1. Amended by Laws 1947, p. 211, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19263. Copies of bankruptcy orders to be constructive notice after filing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1945, p. 80, &sect; 2. Amended by Laws 1947, p. 211, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19264. Release of filed information over telephone Fees.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 273, &sect; 4, emerg. eff. June 5, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19265. County Clerk's Lien Fee Account.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 268, &sect; 2, eff. Nov. 1, 1984.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-266. Fees - Charges to state governmental entities.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 221, &sect; 1, eff. Sept. 1, 1994. Amended by Laws 1997, c. 381, &sect; 6, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-267. Sham legal process.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The refusal notice shall be in the following form:&nbsp;</span></p> <p><span class="cls0">STATE OF OKLAHOMA&nbsp;</span></p> <p><span class="cls0">__________ COUNTY&nbsp;</span></p> <p class="cls7"><span class="cls0">NOTICE OF REFUSAL&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls6"><span class="cls0">Signed:_____________&nbsp;&nbsp;Signed: ________________________&nbsp;</span></p> <p class="cls6"><span class="cls0"> County Clerk&nbsp;&nbsp; Aggrieved party or attorney&nbsp;</span></p> <p class="cls6"><span class="cls0"> for aggrieved party&nbsp;</span></p> <p><span class="cls0">_______County, Oklahoma &nbsp;</span></p> <p class="cls6"><span class="cls0"> Address:__________________&nbsp;</span></p> <p class="cls6"><span class="cls0"> __________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 405, &sect; 3, emerg. eff. June 13, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-268. Liens against government officials or employees based on performance or nonperformance of duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 405, &sect; 4, emerg. eff. June 13, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-269. Election concerning tax question - Copy of ballot to state Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 196, &sect; 2, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-270. Confidentiality of Department of Defense Form 214 - Duties - Liability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The county clerk may authorize the viewing or copying of a veteran&rsquo;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 478, &sect; 3, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-281. Repealed by Laws 1941, p. 462, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19-282. Repealed by Laws 1941, p. 462, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19-283. Repealed by Laws 1941, p. 462, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19284. Care of records Fixtures and furniture.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1656.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19285. Seal.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1657.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-286. Records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 1658. Amended by Laws 1984, c. 71, &sect; 1; Laws 2004, c. 447, &sect; 4, emerg. eff. June 4, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19287. Indexes to be kept.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">GRANTOR GRANTEE&nbsp;</span></p> <p><span class="cls0">DATE OF FILING&nbsp;&nbsp;WHERE RECORDED&nbsp;&nbsp;DESCRIPTION OF PROPERTY&nbsp;</span></p> <p><span class="cls0">M. D. Y. A.M. P.M.&nbsp;&nbsp;Book Page&nbsp;&nbsp;Lot Blk. Qr. Sec. Tp. R.&nbsp;</span></p> <p><span class="cls0">GRANTEE GRANTOR&nbsp;</span></p> <p><span class="cls0">DATE OF FILING&nbsp;&nbsp;WHERE RECORDED&nbsp;&nbsp;DESCRIPTION OF PROPERTY&nbsp;</span></p> <p><span class="cls0">M. D. Y. A.M. P.M.&nbsp;&nbsp;Book Page&nbsp;&nbsp;Lot Blk. Qr. Sec. Tp. R.&nbsp;</span></p> <p><span class="cls0">Remarks&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1659.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19288. Plat record Microfilming.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. In the alternative, said record may be kept on microfilm if said records may be reproduced to their original size.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1660. Amended by Laws 1977, c. 179, &sect; 1, emerg. eff. June 7, 1977; Laws 1986, c. 78, &sect; 1, eff. July 1, 1986.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19288.1. Duty to file and index plats.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Plats or subdivision plats of property in unincorporated areas with roads of public designation shall not be filed in the county clerk&rsquo;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 &ldquo;Roads will be maintained by the county&rdquo; or &ldquo;Roads will not be maintained by the county&rdquo;, provided however, that the county may agree to maintain the roads at some future date.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 162, &sect; 2, emerg. eff. May 31, 1976. Amended by Laws 2001, c. 139, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 168, &sect; 1, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-288.2. Filing plats located outside corporate limits of city or town.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 272, &sect; 2, eff. Nov. 1, 1985. Amended by Laws 1999, c. 284, &sect; 5, emerg. eff. May 27, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-288.3. Filing of plats in digital electronic format.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 184, &sect; 1, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19289. Receiving book.&nbsp;</span></p> <p><span class="cls0">The county clerk shall keep a receiving book, with suitable headings and columns, as the case may be;&nbsp;</span></p> <p><span class="cls0">a. For instruments to be recorded by the county clerk as registrar of deeds;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1661. Amended by Laws 1949, p. 149, &sect; 1; Laws 1951, p. 43, &sect; 1; Laws 1979, c. 30, &sect; 79, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19290. Chattel mortgage record.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1662.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-291. Numerical index of deeds.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">Grantor_________________________________________&nbsp;</span></p> <p><span class="cls0">Grantee_________________________________________&nbsp;</span></p> <p><span class="cls0">Kind of Instrument______________________________&nbsp;</span></p> <p class="cls11"><span class="cls0">Lots&nbsp;&nbsp;N.E.Qr.&nbsp;&nbsp;N.W.Qr.&nbsp;</span></p> <p class="cls12"><span class="cls0">__ __ __&nbsp;&nbsp;N.E. N.W. S.E. S.W.&nbsp;&nbsp;N.E. N.W. S.E. S.W.&nbsp;</span></p> <p class="cls13"><span class="cls0">&nbsp;&nbsp;S.E.Qr.&nbsp;&nbsp;S.W.Qr.&nbsp;</span></p> <p class="cls13"><span class="cls0">&nbsp;&nbsp;N.E. N.W. S.E. S.W.&nbsp;&nbsp;N.E. N.W. S.E. S.W.&nbsp;</span></p> <p><span class="cls0">Acres___________________________________________&nbsp;</span></p> <p><span class="cls0">Book____________________________________________&nbsp;</span></p> <p><span class="cls0">Page____________________________________________&nbsp;</span></p> <p><span class="cls0">Remarks_________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 1663. Amended by Laws 1989, c. 273, &sect; 1, eff. Nov. 1, 1989; Laws 2004, c. 447, &sect; 5, emerg. eff. June 4, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19292. Fee must be paid in advance.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1664.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19293. Duty when instrument offered for record.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1665.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19294. Duty to index old records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 85, p. 137, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-295. Repealed by Laws 1997, c. 79, &sect; 1, eff. Nov. 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;19-296. Repealed by Laws 1997, c. 79, &sect; 1, eff. Nov. 1, 1997.&nbsp;</span></p> <p><span class="cls0">&sect;19297. Record of certificate showing Indian lands exempt from taxation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1929, c. 32, p. 32, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-298. Recordable instruments - Filing.&nbsp;</span></p> <p><span class="cls0">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 twenty-five 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 twenty-five 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 Section 287 or 291 of this title, or to file or record the same in the office of the county clerk.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The document is an original or a certified copy of an original;&nbsp;</span></p> <p><span class="cls0">2. The document is legible without the aid of magnification or other enhancement of the text;&nbsp;</span></p> <p><span class="cls0">3. The document is xerographically reproducible by the copying equipment in use by the county clerk;&nbsp;</span></p> <p><span class="cls0">4. The document meets all other statutory requirements for recordation; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. Despite any provision in this section to the contrary, a digitized image or electronic copy of an original or certified copy of an original instrument or document shall satisfy the requirement that the document be an original or certified copy of an original instrument or document, provided that the digitized image or electronic copy is submitted for recording electronically pursuant to the Uniform Real Property Electronic Recording Act in Title 16 of the Oklahoma Statutes and all other rules promulgated pursuant to that act.&nbsp;</span></p> <p><span class="cls0">E. 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.&nbsp;</span></p> <p><span class="cls0">F. 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1951, p. 43, &sect; 1, emerg. eff. May 26, 1951. Amended by Laws 1965, c. 417, &sect; 1, emerg. eff. July 7, 1965; Laws 1974, c. 91, &sect; 1; Laws 1979, c. 146, &sect; 1, eff. Oct. 1, 1979; Laws 1989, c. 9, &sect; 1, eff. Nov. 1, 1989; Laws 1996, c. 195, &sect; 1, eff. Nov. 1, 1996; Laws 1997, c. 1, &sect; 2, emerg. eff. Feb. 18, 1997; Laws 1997, c. 233, &sect; 2, eff. July 1, 1997; Laws 1998, c. 310, &sect; 4, eff. Nov. 1, 1998; Laws 2012, c. 36, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-298.1. Electronic documents &ndash; Acceptability for filing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 179, &sect; 1, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19299. Land parcel identifier system.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 141, &sect; 1, emerg. eff. April 7, 1980. Amended by Laws 1982, c. 44, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19300. Master form Definition Labeling Filing Recording Incorporation by reference Unrecordable matters.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 37, &sect; 1, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-321. County commissioners' districts - Reapportionment - Maps and resolutions depository.&nbsp;</span></p> <p><span class="cls0">A. Each county shall be divided by the board of county commissioners into three (3) compact districts, as equal in population as practicable 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.&nbsp;</span></p> <p><span class="cls0">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. The reapportionment shall be recorded in a resolution adopted by the commissioners. The resolution shall include an effective date for the reapportioned county commissioner districts. The effective date shall be January 1 of the following year.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. There is hereby established a depository for county commissioner district boundary maps and reapportionment resolutions within the Office of Geographic Information within the Oklahoma Conservation Commission.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1583. Amended by Laws 1925, c. 65, p. 97, &sect; 1, emerg. eff. April 13, 1925; Laws 1982, c. 165, &sect; 1, emerg. eff. April 12, 1982; Laws 1983, c. 158, &sect; 1, eff. Nov. 1, 1983; Laws 1990, c. 213, &sect; 1, emerg. eff. May 18, 1990; Laws 1991, c. 185, &sect; 1, emerg. eff. May 13, 1991; Laws 2012, c. 190, &sect; 1, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-322. Repealed by Laws 2013, c. 120, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p><span class="cls0">&sect;19-323. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-324. Repealed by Laws 1941, p. 464, &sect; 6 and Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-324a. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-324b. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19325. County seal.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1586.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19326. Meetings Passing on bills and claims.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1587. Amended by Laws 1945, p. 80, &sect; 1, emerg. eff. April 16, 1945; Laws 1988, c. 41, &sect; 1, eff. Nov. 1, 1988; Laws 1993, c. 239, &sect; 13, eff. July 1, 1993; Laws 2001, c. 139, &sect; 2, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19327. Chairman elected each year.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1588.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19328. Powers and duties of chairman.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1589.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19329. Equal division.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1590.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19330. Certified copies of proceedings evidence.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1591.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19331. May punish contempts and issue process.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1592.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19332. Account with county treasurer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1593.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-333. Record of orders and decisions - Commissioner not serving another term - Duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1594. Amended by Laws 1953, p. 80, &sect; 1; Laws 1965, c. 387, &sect; 1, emerg. eff. June 30, 1965; Laws 1996, c. 65, &sect; 1, emerg. eff. April 9, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19333.1. Violation of Section 333.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 80, &sect; 3. Editorially renumbered from &sect; 410.1a of this title. Amended by Laws 1997, c. 133, &sect; 150, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 150 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19334. Records relating to bridges and roads.&nbsp;</span></p> <p><span class="cls0">They shall keep a book for the entry of all proceedings and adjudications relating to bridges, and the establishment, change or discontinuance of roads.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1595.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19335. Record of warrants on county treasurer Numbering of warrants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1596.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19336. Warrants uncalled for to be canceled.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1597.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19337. Record of canceled warrants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1598.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19338. Lease of county buildings or lands to United States, state or incorporated city or town for airports or public uses.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1599. Amended by Laws 1941, p. 60, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-339. General powers of commissioners.&nbsp;</span></p> <p><span class="cls0">A. The board of county commissioners shall have power:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">7. To lease tools, apparatus, machinery or equipment of the county to another political subdivision or a state agency. The Association of County Commissioners of Oklahoma and the Oklahoma State University Center for Local Government Technology together shall establish a system of uniform rates for the leasing of such tools, apparatus, machinery and equipment;&nbsp;</span></p> <p><span class="cls0">8. To jointly, with other counties, buy heavy equipment and to loan or lease such equipment across county lines;&nbsp;</span></p> <p><span class="cls0">9. To develop personnel policies for the county with the approval of a majority of all county elected officers, as evidenced in the minutes of a meeting of the board of county commissioners or the county budget board;&nbsp;</span></p> <p><span class="cls0">10. To purchase, rent, or lease-purchase uniforms, safety devices and equipment for the officers and employees of the county. 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;&nbsp;</span></p> <p><span class="cls0">11. To provide incentive awards for safety-related job performance. However, no employee shall be recognized more than once per calendar year and the award shall not exceed the value of Two Hundred Fifty Dollars ($250.00); further, no elected official shall be eligible to receive a safety award;&nbsp;</span></p> <p><span class="cls0">12. To provide for payment of notary commissions, filing fees, and the cost of notary seals and bonds;&nbsp;</span></p> <p><span class="cls0">13. To do and perform other duties and acts that the board of county commissioners may be required by law to do and perform;&nbsp;</span></p> <p><span class="cls0">14. To make purchases at a public auction pursuant to the county purchasing procedures in subsection D of Section 1505 of this title;&nbsp;</span></p> <p><span class="cls0">15. To deposit interest income from highway funds in the general fund of the county;&nbsp;</span></p> <p><span class="cls0">16. To submit sealed bids for the purchase of equipment from this state, or any agency or political subdivision of this state;&nbsp;</span></p> <p><span class="cls0">17. To utilize county-owned equipment, labor and supplies at their disposal on property owned by the county, public schools, two-year colleges or technical branches of colleges that are members of The Oklahoma State System of Higher Education, the state and municipalities according to the provisions of Section 36-113 of Title 11 of the Oklahoma Statutes. Cooperative agreements may be general in terms of routine maintenance or specific in terms of construction and agreed to and renewed on an annual basis. Work performed pursuant to Section 36-113 of Title 11 of the Oklahoma Statutes shall comply with the provisions of this section;&nbsp;</span></p> <p><span class="cls0">18. 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;&nbsp;</span></p> <p><span class="cls0">19. 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;&nbsp;</span></p> <p><span class="cls0">20. 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;&nbsp;</span></p> <p><span class="cls0">21. 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;&nbsp;</span></p> <p><span class="cls0">22. To apply to the Department of Environmental Quality for a waste tire permit to bale waste tires for use in approved engineering projects;&nbsp;</span></p> <p><span class="cls0">23. To enter into the National Association of Counties (NACo) Prescription Drug Discount Program;&nbsp;</span></p> <p><span class="cls0">24. To work with federal, state, municipal, and public school district properties in an effort to minimize cost to such entities; and&nbsp;</span></p> <p><span class="cls0">25. To provide incentive awards to employees for participating in voluntary wellness programs which result in improved health. Incentive awards may be created by the Wellness Council set forth in Section 2 of this act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. When the board of county commissioners approves an express trust, pursuant to Sections 176 through 180.4 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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1600. Amended by Laws 1949, p. 150, &sect; 1, emerg. eff. May 20, 1949; Laws 1982, c. 249, &sect; 7; Laws 1989, c. 286, &sect; 1, operative July 1, 1989; Laws 1990, c. 183, &sect; 1; Laws 1991, c. 60, &sect; 1, emerg. eff. April 10, 1991; Laws 1993, c. 239, &sect; 14, eff. July 1, 1993; Laws 1994, c. 34, &sect; 1, eff. Sept. 1, 1994; Laws 1995, c. 1, &sect; 4, emerg. eff. March 2, 1995; Laws 1995, c. 172, &sect; 1, emerg. eff. May 9, 1995; Laws 1996, c. 45, &sect; 1, eff. Nov. 1, 1996; Laws 1998, c. 193, &sect; 1, emerg. eff. May 4, 1998; Laws 1999, c. 76, &sect; 1, eff. Nov. 1, 1999; Laws 2000, c. 200, &sect; 1, eff. Nov. 1, 2000; Laws 2001, c. 39, &sect; 1, eff. July 1, 2001; Laws 2001, c. 231, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 142, &sect; 1, eff. July 1, 2002; Laws 2003, c. 387, &sect; 2, emerg. eff. June 4, 2003; Laws 2004, c. 5, &sect; 5, emerg. eff. March 1, 2004; Laws 2005, c. 76, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 125, &sect; 7, eff. July 1, 2006; Laws 2006, c. 255, &sect; 2, eff. Nov. 1, 2006; Laws 2010, c. 266, &sect; 2, emerg. eff. May 13, 2010; Laws 2011, c. 1, &sect; 9, emerg. eff. March 18, 2011; Laws 2012, c. 22, &sect; 1, eff. Nov. 1, 2012; Laws 2013, c. 15, &sect; 11, emerg. eff. April 8, 2013; Laws 2013, c. 134, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1994, c. 6, &sect; 3 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995. Laws 2001, c. 22, &sect; 2 repealed by Laws 2001, c. 231, &sect; 6, eff. Nov. 1, 2001. Laws 2003, c. 230, &sect; 1 repealed by Laws 2004, c. 5, &sect; 6, emerg. eff. March 1, 2004. Laws 2010, c. 225, &sect; 1 repealed by Laws 2011, c. 1, &sect; 10, emerg. eff. March 18, 2011. Laws 2012, c. 19, &sect; 1 repealed by Laws 2013, c. 15, &sect; 12, emerg. eff. April 8, 2013. Laws 2012, c. 144, &sect; 1 repealed by Laws 2013, c. 15, &sect; 13, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19339.1. Sale of countyowned property to Oklahoma Historical Society.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 240, &sect; 1, emerg. eff. May 30, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19339.2. Purchase price.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 240, &sect; 2, emerg. eff. May 30, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19339.3. Disposition of funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 240, &sect; 3, emerg. eff. May 30, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-339.4. Environmental remediation of land.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 231, &sect; 2, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-339.5. Landfills - Restrictions and enforcement.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 392, &sect; 1, emerg. eff. June 4, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from Title 19, &sect; 339.4 to avoid a duplication in numbering.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-339.6. Curfew for juveniles - Fine - Community service.&nbsp;</span></p> <p><span class="cls0">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 10A of the Oklahoma Statutes and federal law concerning detention and custody of juveniles.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 110, &sect; 1, eff. Nov. 1, 2003. Amended by Laws 2004, c. 355, &sect; 1, emerg. eff. May 26, 2004; Laws 2009, c. 234, &sect; 114, emerg. eff. May 21, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-339.7. Community service program assessment.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, &ldquo;community service program&rdquo; means a structured program for offenders sentenced to community service to work in or on any government property and designed to save public funds or improve the community that has been approved by a majority vote of the board of county commissioners of the county.&nbsp;</span></p> <p><span class="cls0">B. In any county in this state that has a community service program the county commissioners may, pursuant to a majority vote of the board of county commissioners of the county, impose a community service program assessment as provided for pursuant to the provisions of this section.&nbsp;</span></p> <p><span class="cls0">C. In every county in which a community service program assessment has been imposed pursuant to subsection B of this section, in addition to the imposition of any costs, penalties or fines imposed pursuant to law by the district court, any person convicted of, pleading guilty or nolo contendere to, or agreeing to a deferred judgment procedure under the provisions set forth in the Oklahoma Statutes for any felony or misdemeanor shall be ordered to pay a community service program assessment of at least Twenty-five Dollars ($25.00), but not to exceed Two Hundred Fifty Dollars ($250.00), for each felony or misdemeanor for which the person is ordered to complete community service in the community service program of the county.&nbsp;</span></p> <p><span class="cls0">D. In every county in which a community service program assessment has been imposed pursuant to subsection B of this section, in addition to the imposition of any costs, penalties or fines imposed pursuant to law by the district court, a community service program assessment of at least Twenty-five Dollars ($25.00), but not to exceed Two Hundred Fifty Dollars ($250.00), shall be levied by the court against the child at the time the child is adjudicated by the court as a delinquent child or agrees to a deferred adjudication, provided the delinquent child is ordered to complete community service in the community service program of the county.&nbsp;</span></p> <p><span class="cls0">E. In every county in which a community service program assessment has been imposed pursuant to subsection B of this section, in addition to the imposition of any costs, penalties or fines imposed pursuant to law, in any municipal court of record in which the defendant is ordered by the court to pay municipal court costs and to complete community service in the community service program of the county, the court shall levy and collect a community service program assessment of at least Twenty-five Dollars ($25.00), but not to exceed Two Hundred Fifty Dollars ($250.00). The municipal court clerk collecting said assessment is authorized to deduct ten percent (10%) of the amount collected for administrative costs.&nbsp;</span></p> <p><span class="cls0">F. All monies collected pursuant to subsections C, D and E of this section shall be forwarded monthly by the applicable court clerk to the community service program assessment revolving fund of the appropriate county created pursuant to subsection G of this section.&nbsp;</span></p> <p><span class="cls0">G. There are hereby created community service program assessment revolving funds in each county in which the county has levied an assessment pursuant to the provisions of subsection B of this section. Each such revolving fund shall be designated for use within the county to operate and administer a community service program and shall consist of all monies generated by such assessment. Monies in such funds shall only be expended for the purposes specifically designated as required by this section. A community service program assessment revolving fund shall be a continuing fund, not subject to fiscal year limitations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 179, &sect; 2, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-339.8. Debt collection services.&nbsp;</span></p> <p><span class="cls0">A. The board of county commissioners may enter into a contract with a collection agency for the provision of collection services for debts and accounts receivable including, but not limited to, unpaid fees, penalties, interest, and other sums due the county, as applicable.&nbsp;</span></p> <p><span class="cls0">B. The board of county commissioners that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount not to exceed thirty-five percent (35%) on each item described in subsection A of this section that has been referred by the county to the collection agency for collection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 232, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from Title 19, &sect; 339.7 to avoid duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19340. Investigation of officers Allowance of compensation, etc.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1601.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-341. Repealed by Laws 1987, c. 8, &sect; 1, emerg. eff. March 26, 1987.&nbsp;</span></p> <p><span class="cls0">&sect;19342. May sell unused lands of county.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1603.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19343. Notice of sale.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1604. Amended by Laws 1976, c. 92, &sect; 1, emerg. eff. May 6, 1976.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19344. Sale of real estate &ndash; Public auction or sealed bids.&nbsp;</span></p> <p><span class="cls0">A. The sale of the real estate may be by public auction held at the county courthouse or at the site of the real property being sold at the time advertised or by sealed bids. Sealed bids for the 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 board of county commissioners shall open such bids and award the real estate to the highest and best bidder for the real estate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Proceeds from the sale of the property shall be deposited to the account from which the property was purchased.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1605. Amended by Laws 1976, c. 92, &sect; 2, emerg. eff. May 6, 1976; Laws 2001, c. 231, &sect; 3, eff. Nov. 1, 2001; Laws 2006, c. 255, &sect; 3, eff. Nov. 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19345. Annual statement to be published.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1606.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19346. County map to be made.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1607.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-347. Certificates of indebtedness - Limitation of amount, annual expenditure or indebtedness &ndash; Warrants - Limitation of alterations to computer software.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. Whenever a county officer holding an elective office will not immediately serve a succeeding term in the same office, it shall be unlawful for the board of county commissioners, during the first six (6) 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 one-half (1/2) 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.&nbsp;</span></p> <p><span class="cls0">D. It shall also be unlawful for a county officer holding elective office who will not immediately serve a succeeding term in the same office to make any changes or alterations in the licensing or source code of computer software currently being used.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 1615. Amended by Laws 1945, p. 81, &sect; 1; Laws 1961, p. 219, &sect; 1, emerg. eff. July 24, 1961; Laws 1965, c. 254, &sect; 1, emerg. eff. June 21, 1965; Laws 1988, c. 180, &sect; 23, emerg. eff. May 31, 1988; Laws 1991, c. 212, &sect; 5, eff. Aug. 1, 1991; Laws 2007, c. 100, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2007, c. 132, &sect; 3 repealed by Laws 2008, c. 3, &sect; 9, emerg. eff. Feb. 28, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19348. Place and manner of holding sessions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1616. Amended by Laws 1987, c. 150, &sect; 1, emerg. eff. June 24, 1987.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-349. Conveyance of lands to United States, state or political subdivisions, etc. - Transfer of lands for affordable housing construction.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The county commissioners of counties of this state are hereby authorized and empowered to gift, transfer, or assign and execute the deeds of conveyance of lands that are owned by the counties to nonprofit organizations to be used for the purpose of affordable housing construction if:&nbsp;</span></p> <p><span class="cls0">1. The land is no longer needed for county purposes to be determined at a public hearing by a vote of the majority of the commissioners;&nbsp;</span></p> <p><span class="cls0">2. The nonprofit organization has experience in affordable housing construction, and has a history of reputable service; and&nbsp;</span></p> <p><span class="cls0">3. A county officer or employee of a county does not have or acquire a personal interest as may exist with a nonprofit organization, whether direct or indirect, in any land transaction authorized by this subsection.&nbsp;</span></p> <p><span class="cls0">D. If a nonprofit organization does not begin construction within two (2) years from the receipt of the land from a county as authorized by this section, the land shall revert back to the county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 213, &sect; 1, emerg. eff. March 26, 1937. Amended by Laws 1963, c. 5, &sect; 1, emerg. eff. Feb. 19, 1963; Laws 1990, c. 67, &sect; 2, emerg. eff. April 16, 1990; Laws 1991, c. 222, &sect; 1, eff. July 1, 1991; Laws 2000, c. 9, &sect; 1, emerg. eff. March 22, 2000; Laws 2004, c. 45, &sect; 1, emerg. eff. April 1, 2004; Laws 2007, c. 343, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19350. Holidays county offices to close Designation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 275, &sect; 1, emerg. eff. April 30, 1968.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">5. The board of directors of a county fire department organized pursuant to this subsection shall have the following powers and duties:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;to manage and conduct the business affairs of such county fire department,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;to make and execute all necessary contracts,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">e.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">f.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">g.&nbsp;&nbsp;to employ such officers and employees as may be required from available funds, fix their compensation and prescribe their duties,&nbsp;</span></p> <p class="cls9"><span class="cls0">h.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">i.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls9"><span class="cls0">j.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;Fire chief.&nbsp;</span></p> <p class="cls8"><span class="cls0">(1)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(2)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(3)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(4)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(5)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(6)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(7)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(8)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;Assistant fire chief.&nbsp;</span></p> <p class="cls9"><span class="cls0">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.&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;Company officers.&nbsp;</span></p> <p class="cls9"><span class="cls0">The company officers shall be selected upon their ability to meet the following requirements:&nbsp;</span></p> <p class="cls8"><span class="cls0">(1)&nbsp;&nbsp;their knowledge of firefighting,&nbsp;</span></p> <p class="cls8"><span class="cls0">(2)&nbsp;&nbsp;their leadership ability, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(3)&nbsp;&nbsp;their knowledge of firefighting equipment.&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;Secretary-treasurer.&nbsp;</span></p> <p class="cls9"><span class="cls0">One member elected by the fire department shall be secretary-treasurer. His or her duties shall consist of the following:&nbsp;</span></p> <p class="cls8"><span class="cls0">(1)&nbsp;&nbsp;calling the roll at the opening of each meeting,&nbsp;</span></p> <p class="cls8"><span class="cls0">(2)&nbsp;&nbsp;keeping the minutes of each meeting, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(3)&nbsp;&nbsp;collecting any money due the department by the members.&nbsp;</span></p> <p class="cls9"><span class="cls0">e.&nbsp;&nbsp;New members.&nbsp;</span></p> <p class="cls8"><span class="cls0">(1)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(2)&nbsp;&nbsp;A new member shall be on probation for one (1) year after his or her appointment.&nbsp;</span></p> <p class="cls8"><span class="cls0">(3)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(4)&nbsp;&nbsp;The majority of the fire department members must approve new volunteer members upon completion of their probation period.&nbsp;</span></p> <p class="cls9"><span class="cls0">f.&nbsp;&nbsp;Bylaws.&nbsp;</span></p> <p class="cls9"><span class="cls0">The bylaws of the department shall include:&nbsp;</span></p> <p class="cls8"><span class="cls0">(1)&nbsp;&nbsp;All volunteer firefighters are required, when notified, to respond to fire alarms and other emergencies.&nbsp;</span></p> <p class="cls8"><span class="cls0">(2)&nbsp;&nbsp;A volunteer firefighter is required to be present at all regular meetings, call meetings and schools presented for the benefit of the firefighters.&nbsp;</span></p> <p class="cls8"><span class="cls0">(3)&nbsp;&nbsp;There shall be at least one regular business meeting each month.&nbsp;</span></p> <p class="cls8"><span class="cls0">(4)&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls8"><span class="cls0">(5)&nbsp;&nbsp;Volunteer firefighters leaving the boundaries of the department for an extended period of time will be required to notify the fire chief.&nbsp;</span></p> <p class="cls8"><span class="cls0">(6)&nbsp;&nbsp;Any volunteer firefighter refusing to attend training classes provided for him or her will be dropped from the fire department rolls.&nbsp;</span></p> <p class="cls8"><span class="cls0">(7)&nbsp;&nbsp;Any volunteer member of the fire department shall be dropped from the fire department rolls for the following offenses:&nbsp;</span></p> <p class="cls5"><span class="cls0">(a)&nbsp;&nbsp;conduct unbecoming a firefighter,&nbsp;</span></p> <p class="cls5"><span class="cls0">(b)&nbsp;&nbsp;any act of insubordination,&nbsp;</span></p> <p class="cls5"><span class="cls0">(c)&nbsp;&nbsp;neglect of duty,&nbsp;</span></p> <p class="cls5"><span class="cls0">(d)&nbsp;&nbsp;any violation of rules and regulations governing the fire department, or&nbsp;</span></p> <p class="cls5"><span class="cls0">(e)&nbsp;&nbsp;conviction of a felony.&nbsp;</span></p> <p class="cls9"><span class="cls0">8.&nbsp;&nbsp;a.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls8"><span class="cls0">(1)&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls8"><span class="cls0">(2)&nbsp;&nbsp;special revenue funds, as required, to account for the proceeds of specific revenue sources that are restricted by law to expenditures for specific purposes,&nbsp;</span></p> <p class="cls8"><span class="cls0">(3)&nbsp;&nbsp;a capital improvement fund, to account for financial resources segregated for acquisition, construction or other improvement related to capital facilities, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(4)&nbsp;&nbsp;a ledger or group of accounts in which to record the details relating to the general fixed assets of the county or department.&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls9"><span class="cls14">c.&nbsp;&nbsp;<span class="cls15">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.&nbsp;</span></span></p> <p><span class="cls0">Added by Laws 1953, p. 32, &sect; 2, emerg. eff. June 8, 1953. Amended by Laws 1957, p. 120, &sect; 1, emerg. eff. May 9, 1957; Laws 1986, c. 171, &sect; 1, emerg. eff. May 9, 1986; Laws 1990, c. 67, &sect; 1, emerg. eff. April 16, 1990; Laws 1996, c. 65, &sect; 2, emerg. eff. April 9, 1996; Laws 1998, c. 299, &sect; 3, emerg. eff. May 28, 1998; Laws 2001, c. 189, &sect; 1, eff. Nov. 1. 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-351.1. Agreements for fire protection services by municipalities - Charges.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of each county may enter into agreements with any municipality for the furnishing of fire protection and emergency services, including, but not limited to, medical attention and wreck removal, by said municipality for all persons and property in areas outside the corporate limits of such municipality and to pay for such 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 such services. The board of county commissioners shall also have the authority to collect charges for such services performed by a 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 249, &sect; 1, emerg. eff. May 8, 1967. Amended by Laws 1980, c. 39, &sect; 1, emerg. eff. March 26, 1980; Laws 1986, c. 171, &sect; 1, emerg. eff. May 9, 1986; Laws 1992, c. 397, &sect; 11, eff. July 1, 1992; Laws 2009, c. 120, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19351.2. Exemptions.&nbsp;</span></p> <p><span class="cls0">Fire Protection Districts are excluded from the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 171, &sect; 3, emerg. eff. May 9, 1986.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-351.3. Agreements with corporate fire department in unincorporated area or rural fire protection district for fire protection services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 54, &sect; 1, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-352. Repealed by Laws 1957, p. 120, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19352.1. Agreements with senior citizen centers to provide certain services to certain individuals.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 367, &sect; 2, emerg. eff. July 14, 1982.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-353. Repealed by Laws 1957, p. 120, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19353.1. Counseling services for certain persons.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 155, &sect; 1, eff. Nov. 1, 1987. Amended by Laws 1991, c. 296, &sect; 30, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19354. Transportation and distribution of commodities donated to county or school district.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 158, &sect; 1. Amended by Laws 1965, c. 67, &sect; 1; Laws 1965, c. 498, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-355. Repealed by Laws 1965, c. 498, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-356. Repealed by Laws 1989, c. 154, &sect; 2, operative July 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;19357. Provisions cumulative.&nbsp;</span></p> <p><span class="cls0">The provisions of this act are declared to be cumulative to existing laws.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 158, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19358. Transportation of scouts and supervisors.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 192, &sect; 1, emerg. eff. June 10, 1963. Amended by Laws 1991, c. 296, &sect; 31, eff. Sept. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-359. Improvements upon school grounds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 83, &sect; 1. Amended by Laws 2003, c. 39, &sect; 1, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-360. Dilapidated buildings in unincorporated areas - Tearing down and removal.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 22, &sect; 1, emerg. eff. March 30, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-361. Repealed by Laws 1974, c. 153, &sect; 17-114, operative Jan. 1, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;19-362. Repealed by Laws 1974, c. 153, &sect; 17-114, operative Jan. 1, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;19-363. Repealed by Laws 1974, c. 153, &sect; 17-114, operative Jan. 1, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;19-364. Repealed by Laws 1974, c. 153, &sect; 17-114, operative Jan. 1, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;19-365. Solid waste management &ndash; Authority of political subdivisions &ndash; Condemnation proceedings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of this section &ldquo;political subdivision&rdquo; shall include counties and trusts that provide or contract for solid waste collection services.&nbsp;</span></p> <p><span class="cls0">C. No political subdivision shall displace or pass an ordinance to displace a private company providing solid waste collection service without first:&nbsp;</span></p> <p><span class="cls0">1. Holding at least one public hearing seeking comment on the advisability of the political subdivision providing such service;&nbsp;</span></p> <p><span class="cls0">2. Providing at least forty-five (45) days&rsquo; 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&nbsp;</span></p> <p><span class="cls0">3. Providing public notice of the hearing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">I. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Displace" or "displacement" means a political subdivision&rsquo;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:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;competition between the political subdivision and private companies for individual contracts,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;situations where action is taken against the private company because the company has materially breached its contract with the political subdivision, or&nbsp;</span></p> <p class="cls9"><span class="cls0">e.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">3. "Solid waste" shall have the same meaning as provided in Section 2-10-103 of Title 27A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 52, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19371. Authorization to contract for ambulance service Liability insurance Immunity Pension benefits.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">(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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 306, &sect; 1, emerg. eff. May 7, 1968. Amended by Laws 1974, c. 151, &sect; 1, emerg. eff. May 3, 1974.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19372. Minimum standards for operation and equipment Personnel Charges Audits.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 306, &sect; 2, emerg. eff. May 7, 1968.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19376. Electronic data processing equipment authorized Manner of handling.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 301, &sect; 1, emerg. eff. April 21, 1970. Amended by Laws 1982, c. 249, &sect; 8.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19377. Technician.&nbsp;</span></p> <p><span class="cls0">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".&nbsp;</span></p> <p><span class="cls0">The data processing technician shall be covered by the county blanket bond.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 301, &sect; 2, emerg. eff. April 21, 1970. Amended by Laws 1980, c. 180, &sect; 1, emerg. eff. May 13, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19378. Contracts with public trust.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 301, &sect; 3, emerg. eff. April 21, 1970. Amended by Laws 1982, c. 249, &sect; 9.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19381. Questions to be submitted to popular vote.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1608. Amended by Laws 1965, c. 12, &sect; 1, emerg. eff. Feb. 15, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19382. Additional tax voted, when.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1609.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19383. Mode of submitting questions to voters.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1610.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19384. Tax levy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1611.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19385. Proceedings when proposition carries.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1612.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19386. Additional levy a distinct fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1613.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19387. Unexpended balance of special fund.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1614.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-388. Ballot Title - Authorization.&nbsp;</span></p> <p><span class="cls0">A. When a county of this state is authorized to submit a proposition for approval by the registered voters of the respective county, whether by special election or otherwise, that will require a ballot title, it shall be the duty, in addition to any other duties required by law, of the county commissioners submitting the measure to prepare and file one copy of the measure with the district attorney of the county.&nbsp;</span></p> <p><span class="cls0">B. The county commissioners submitting the measure shall also submit a suggested ballot title which shall be filed on a separate sheet of paper and shall not be deemed part of the petition. The suggested ballot title:&nbsp;</span></p> <p><span class="cls0">1. Shall not exceed two hundred words;&nbsp;</span></p> <p><span class="cls0">2. Shall explain in basic words, which can be easily found in dictionaries of general usage, the effect of the proposition;&nbsp;</span></p> <p><span class="cls0">3. Shall be written on the eighthgrade reading comprehension level;&nbsp;</span></p> <p><span class="cls0">4. Shall not contain any words which have a special meaning for a particular profession or trade not commonly known to the citizens of this state;&nbsp;</span></p> <p><span class="cls0">5. Shall not reflect partiality in its composition or contain any argument for or against the measure;&nbsp;</span></p> <p><span class="cls0">6. In tax-related propositions, the proposition shall detail all known direct and indirect increases and decreases affecting the tax code;&nbsp;</span></p> <p><span class="cls0">7. In tax-related propositions, the proposition shall use the word &ldquo;increase&rdquo; when an increase in a tax may depend on the passage or failure of the proposition;&nbsp;</span></p> <p><span class="cls0">8. Shall contain language which clearly states that a "yes" vote is a vote in favor of the proposition and a "no" vote is a vote against the proposition; and&nbsp;</span></p> <p><span class="cls0">9. Shall not contain language whereby a "yes" vote is, in fact, a vote against the proposition and a "no" vote is, in fact, a vote in favor of the proposition.&nbsp;</span></p> <p><span class="cls0">C. The district attorney of the county for which a measure has been proposed shall review the filing required by subsections A and B of this section for legal correctness. Within five (5) days, the district attorney shall notify, in writing, the county commissioners whether or not the proposed ballot title complies with applicable laws.&nbsp;</span></p> <p><span class="cls0">D. A proposition subject to the provisions of this section shall be published as provided in Section 383 of Title 19 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 186, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-389. Notice of petition to raise taxes or assessments.&nbsp;</span></p> <p><span class="cls0">A. When a petition is to be circulated in all or a portion of a county, on a question which if approved by the voters would require additional taxes or assessments or a continuation of taxes or assessments, notice of circulation of the petition shall be filed with the county clerk of the county prior to the petition being circulated for signatures. The period of time for the gathering of signatures shall begin on the day after such filing and shall not exceed one (1) year, unless otherwise provided by law. The provisions of this section shall apply to all petitions to be circulated in all or a portion of a county, if the provisions thereof would require additional taxes or assessments, including but not limited to, those authorized by the following provisions of law:&nbsp;</span></p> <p><span class="cls0">1. Section 782 of Title 19 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. Section 872 of Title 19 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">3. Section 901.2 of Title 19 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. Section 902.2 of Title 19 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">5. Section 1204 of Title 19 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">6. Section 1236 of Title 19 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. When any petition is to be circulated in all or a portion of a county, each page of the petition shall contain a notice prominently displayed at the top in at least twelve-point type which reads &ldquo;THIS IS A PETITION&rdquo;. The first page of the petition shall contain a summary of the contents of the petition, which shall be made available to any person who is or may be eligible to sign the petition.&nbsp;</span></p> <p><span class="cls0">C. If the question submitted to voters based upon an election conducted pursuant to a circulated petition does not receive approval, a subsequent petition regarding the same question may be circulated beginning on the thirtieth day following the election date at which the question did not receive approval.&nbsp;</span></p> <p><span class="cls0">D. If a petition governed by the provisions of this section is circulated for signatures that does not result in a vote on the question, any subsequent petition with respect to the same question shall indicate on each page of the petition that a prior petition with respect to the same question has previously been circulated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 249, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19401. Rental of quarters Attendants, fuel, light and stationery.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1617.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19401.1. Courtroom, office space and other facilities in city other than county seat.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1983, c. 40, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19402. Courtrooms rented to be approved by court.&nbsp;</span></p> <p><span class="cls0">The power to rent courtrooms shall only extend to such rooms as the court using the same may approve.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1618.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-403. Repealed by Laws 1974, c. 153, &sect; 17-114, operative Jan. 1, 1975.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.1. Repealed by Laws 1955, p. 158, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.1a. Editorially renumbered as &sect; 333.1 of this title.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.2. Repealed by Laws 1955, p. 158, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.3. Repealed by Laws 1955, p. 158, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.4. Repealed by Laws 1955, p. 158, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.5. Repealed by Laws 1955, p. 158, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.6. Repealed by Laws 1955, p. 158, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.7. Repealed by Laws 1955, p. 158, &sect; 11.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.8. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.9. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.10. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.11. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.12. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.13. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.14. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.15. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.16. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.17. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-410.18. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-411. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-412. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-413. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-414. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-415. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-416. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-417. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-418. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-419. Repealed by Laws 1947, p. 213, &sect; 7, emerg. eff. May 21, 1947.&nbsp;</span></p> <p><span class="cls0">&sect;19-421. Entry on minutes Matters to be entered.&nbsp;</span></p> <p><span class="cls0">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 Five Hundred Dollars ($500.00), 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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 81, &sect; 1, emerg. eff. June 1, 1953. Amended by Laws 2009, c. 4, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-421.1. Trade-in of certain property - Procedure for sale of certain county property.&nbsp;</span></p> <p><span class="cls0">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 Five Hundred Dollars ($500.00), as a trade-in on a cash purchase or lease purchase of any other tools, apparatus, machinery or equipment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 Five Hundred Dollars ($500.00), belonging to the county:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. The board of county commissioners may hold a public auction or use an Internet auction, which may include online bidding, in lieu of advertising for sealed bids as provided above. Such auction shall be advertised as provided herein.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. Pursuant to the authority of Section 1 of this title, boards of county commissioners shall have authority, under such statute and in consideration of the procedures in this section to sell real property belonging to the county without declaring such property surplus under the following conditions:&nbsp;</span></p> <p><span class="cls0">1. A certified appraisal of the county property shall be performed to determine the market value of the property and accepted by the board of county commissioners;&nbsp;</span></p> <p><span class="cls0">2. After acceptance of the certified appraisal, the board of county commissioners shall, pursuant to the requirements of this section, give notice of such sale by publication in a newspaper of general paid circulation in the county for two successive weekly issues;&nbsp;</span></p> <p><span class="cls0">3. Bids for the real property shall be in writing, sealed and delivered to the county clerk of such county;&nbsp;</span></p> <p><span class="cls0">4. 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 sale, the board of county commissioners shall open such bids;&nbsp;</span></p> <p><span class="cls0">5. A successful bid must be no less than the market value of the real property to be considered by the board of county commissioners for acceptance. The board of county commissioners reserves the right to reject any and all bids;&nbsp;</span></p> <p><span class="cls0">6. If more than one bid is above the market value of the real property, the board of county commissioners shall have the right to compel the potential buyers of the real property who have bid above the market amount to enter into public auction conducted by the chairman of the board of county commissioners after the opening of such bids, to establish the highest bid for the property in order to assure that the county is receiving adequate consideration for the property;&nbsp;</span></p> <p><span class="cls0">7. A majority vote of the board of county commissioners shall be required to determine the successful bidder of the real property. Upon awarding the bid, either through sealed bid or by conducting a public auction of those bidders who bid more than the market value of the real property, the board of county commissioners shall have the right to pledge the occupied property, using an irrevocable bond or letter of credit, as provided for in paragraph 10 of this subsection, as collateral in order to finance bonds to purchase other real property or build a replacement building, or both;&nbsp;</span></p> <p><span class="cls0">8. If the sale price is less than the estimated cost of new land purchase or construction, then said sales contract shall be contingent upon the public approval of bond funding or other authorized funding to allow the complete payment of the contemplated project;&nbsp;</span></p> <p><span class="cls0">9. The board of county commissioners shall have authority pursuant to paragraphs 5 and 6 of Section 1 of this title to make any order concerning the sale of such property contingent upon a closing date in the future in order to continue to use said real property until a replacement building is completed. Upon completion of the replacement building, the board of county commissioners shall execute all documents and title transfers pertaining to said real property to the successful bidder; and&nbsp;</span></p> <p><span class="cls0">10. The successful bidder shall execute an irrevocable bond or letter of credit with a surety company or bank licensed to do business in the State of Oklahoma and organized under the corporate laws of the State of Oklahoma and registered with the Secretary of State of Oklahoma equal to the amount of the purchase price of the real property within fifteen (15) days of awarding of the bid. Failure to provide either an irrevocable bond or letter of credit in favor of the board of county commissioners within said time limitation shall act as a rejection and cancellation by the board of the award of bid and said board may, at that point, enter into a contract with any secondary or subsequent bidder that meets the aforementioned qualifications without further notice.&nbsp;</span></p> <p><span class="cls0">H. The board of county commissioners may solicit telephone bids for the removal of recyclable materials.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 222, &sect; 1, operative Oct. 1, 1982. Amended by Laws 1984, c. 71, &sect; 2; Laws 1988, c. 145, &sect; 2, emerg. eff. April 27, 1988; Laws 1989, c. 286, &sect; 2, operative July 1, 1989; Laws 1998, c. 258, &sect; 2, eff. Nov. 1, 1998; Laws 2001, c. 320, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 214, &sect; 1, eff. Nov. 1, 2002; Laws 2004, c. 99, &sect; 2, eff. Nov. 1, 2004; Laws 2008, c. 294, &sect; 1, eff. Nov. 1, 2008; Laws 2009, c. 4, &sect; 3, eff. Nov. 1, 2009; Laws 2013, c. 354, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-421.2. Surplus machinery, equipment or vehicles - Transfer to political subdivisions.&nbsp;</span></p> <p><span class="cls0">A unanimous vote of the board of county commissioners may transfer any machinery, equipment or vehicle belonging to the county, which is deemed by the board to be surplus, to a political subdivision of the state which is in need of such machinery, equipment or vehicle. Upon such transfer, the subject property shall be removed from the inventory of the county. Except as otherwise provided in this section, the board of county commissioners may not deem any property to be surplus during the period of time beginning thirty (30) days before the filing period for any election of a county commissioner and ending the day after a county commissioner is sworn in as such. If the incumbent draws no opponent or if the incumbent county commissioner wins reelection, either at the primary, special, or general election, the prohibition of declaring county property or material surplus until the swearing in of county officials shall be removed and the county may dispose of surplus property as provided in this section. When the political subdivision receiving such property declares same to be surplus, the governing body shall give written notice to the county of its intent to transfer such property back to the county. The board of county commissioners shall have up to fifteen (15) days from the date of receipt of such notice to either accept or reject the property. The political subdivision shall transfer such property back to the county only if the board of county commissioners agrees to accept the property or the board fails to respond within the fifteen-day time period.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 155, &sect; 1, emerg. eff. May 7, 1991. Amended by Laws 1992, c. 227, &sect; 1, emerg. eff. May 19, 1992; Laws 2007, c. 100, &sect; 3, eff. Nov. 1, 2007; Laws 2011, c. 91, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 144, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-421.3. Obtaining surplus road and bridge building equipment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 320, &sect; 2, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19422. Penalties.&nbsp;</span></p> <p><span class="cls0">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, &sect; 28.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 81, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19423. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 81, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19431. Right of appeal Bond Appeal on demand of freeholders Appeal by taxpayer.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1640. Amended by Laws 1915, c. 117, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19432. Time and manner of taking appeal Folio of papers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1641. Amended by Laws 1974, c. 105, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19433. Appeal, when filed and tried.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1642.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19434. Docketing of appeals Determination de novo.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1643.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19435. Order of district court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1644.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19441. Officers to account to commissioners Payments and receipts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1645.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19442. Examination of treasurer's tax records.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1646.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19443. Suit against delinquent officers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1647.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19444. Publication of proceedings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1648. Amended by Laws 1953, p. 79, &sect; 1, emerg. eff. May 19, 1953; Laws 1986, c. 136, &sect; 1, eff. Nov. 1, 1986; Laws 1993, c. 318, &sect; 4, emerg. eff. June 7, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19445. Clerk to make report of proceedings for publication.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1649. Amended by Laws 1982, c. 249, &sect; 11; Laws 1984, c. 61, &sect; 2, emerg. eff. March 29, 1984.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19446. Duty of publisher.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1650. Amended by Laws 1953, p. 80, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19447. Board to furnish supplies to officers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1651.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19448. Failure to perform duty Penalty.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1652.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19449. Incapacity as creating vacancy.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1935, p. 176, &sect; 1. Amended by Laws 1974, c. 153, &sect; 17108, operative Jan. 1, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19450. Determination of existence of vacancy Jurisdiction and proceedings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1935, p. 176, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19451. Purchase of boat for official business Mileage.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1951, p. 332, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19452. Counties over 200,000 population Appointment of employees and assistants.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 120, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-452.1. Director and deputies of country juvenile facilities and services - Employment by judge responsible for juvenile docket.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 283, &sect; 3, emerg. eff. May 27, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19453. School guards Qualifications and tenure Salary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 149, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-454. Repealed by Laws 1968, c. 415, &sect; 1906, eff. July 1, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-455. County reward fund - Providing evidence.&nbsp;</span></p> <p><span class="cls0">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 Thousand Dollars ($1,000.00) for the arrest and conviction, or for evidence leading to the arrest and conviction of any person stealing or defacing county road signs or any other county property.&nbsp;</span></p> <p><span class="cls0">B. The board of county commissioners may create and maintain a reward fund of not to exceed Two Thousand Dollars ($2,000.00) from which to pay the rewards provided for in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 33, &sect; 1, emerg. eff. April 8, 1981. Amended by Laws 1988, c. 115, &sect; 3, eff. Nov. 1, 1988; Laws 2009, c. 43, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2009, c. 47, &sect; 2 repealed by Laws 2010, c. 2, &sect; 4, emerg. eff. March 3, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-456. Oklahoma County and City Energy Conservation Act - Short title.&nbsp;</span></p> <p><span class="cls0">Sections 457 and 458 of this title shall be known and may be cited as the "Oklahoma County and City Energy Conservation Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 391, &sect; 10, emerg. eff. June 10, 1998. Amended by Laws 2000, c. 164, &sect; 1, emerg. eff. April 28, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-457. Oklahoma County and City Energy Conservation Act - Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Oklahoma County and City Energy Conservation Act, "energy conservation measures" means one or more of the following items:&nbsp;</span></p> <p><span class="cls0">1. Insulation of the building structure or systems within the building;&nbsp;</span></p> <p><span class="cls0">2. Storm windows or doors, caulking or weather-stripping, multiglazed windows or doors, heat-absorbing or heat-reflective, glazed, and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption;&nbsp;</span></p> <p><span class="cls0">3. Automatic or computerized energy control systems;&nbsp;</span></p> <p><span class="cls0">4. Heating, ventilating or air conditioning system modifications or replacements;&nbsp;</span></p> <p><span class="cls0">5. Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system, but not for the sole purpose of increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building codes for the lighting system after the proposed modifications are made;&nbsp;</span></p> <p><span class="cls0">6. Indoor air quality improvements;&nbsp;</span></p> <p><span class="cls0">7. Energy recovery systems;&nbsp;</span></p> <p><span class="cls0">8. Co-generation systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;&nbsp;</span></p> <p><span class="cls0">9. Any life safety measures that provide long-term operating cost reductions; and&nbsp;</span></p> <p><span class="cls0">10. Building operation programs that reduce the operating costs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 391, &sect; 11, emerg. eff. June 10, 1998. Amended by Laws 2000, c. 164, &sect; 2, emerg. eff. April 28, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-458. Energy conservation contracts and lease-purchase agreements.&nbsp;</span></p> <p><span class="cls0">A. The governing board of a political subdivision of this state, in compliance with the provisions of this section, may enter into an energy conservation contract for the purpose of implementing energy conservation measures designed to reduce the energy consumption of facilities of the political subdivision.&nbsp;</span></p> <p><span class="cls0">B. 1. The governing board shall require the provider of the energy conservation measures to file with the governing board a performance bond that is in an amount the governing board finds reasonable and necessary to protect the interests of the political subdivision and that covers the value of the guaranteed savings on the contract and is conditioned on the faithful execution of the terms of the contract.&nbsp;</span></p> <p><span class="cls0">2. If bonding industry limitations prevent execution of a performance bond which covers guaranteed savings for the entire term of the lease-purchase agreement the contract may allow an option for:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;a performance bond which covers guaranteed savings for a shorter bond term. At the completion of the bond term, a new bond may be executed which covers guaranteed savings for an additional period of years. This process may be continued in like manner for the duration of the lease-purchase agreement as specified in subsection D of this section, or&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;a performance bond which covers guaranteed savings for a shorter term. At the completion of the bond term, if the bond cannot be renewed as provided in subparagraph a of this paragraph and if there has been a guaranteed savings shortfall during the last twelve (12) months, the governing board may assume a continued annual shortfall of the same amount and request repayment from the contractor of the net present value of the shortfall through the end of the lease repayment period. The discount factor to calculate the net present value shall be the annual percentage rate of the lease-purchase agreement.&nbsp;</span></p> <p><span class="cls0">C. 1. The governing board may enter into an energy conservation contract for a period of more than one (1) year for the implementation of energy conservation measures with a person or business entity if:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;the governing board finds that the amount the political subdivision would spend on the energy conservation measures, excluding any initial partial payment, will not exceed the total savings in energy costs over the repayment period from the date of installation, and&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;the contract contains a provision that such contract will continue for the next fiscal year of the political subdivision only if the governing board appropriates adequate and sufficient funds for the contract for the next fiscal year.&nbsp;</span></p> <p><span class="cls0">2. The term of the energy conservation contract and the lease-purchase agreement shall include the installation period and the lease repayment period.&nbsp;</span></p> <p><span class="cls0">3. If the term of an energy conservation contract exceeds one (1) year, the contractual obligation of the political subdivision, excluding any initial partial payment, in any year during the term of the energy conservation contract may not exceed the total savings, including, but not limited to, electrical, gas, or other utility cost savings and savings from lowered maintenance as determined by the governing board.&nbsp;</span></p> <p><span class="cls0">4. Maintenance for energy conservation measures may be a part of the energy conservation contract.&nbsp;</span></p> <p><span class="cls0">5. The governing board shall consider all costs of the energy conservation measures, including, but not limited to, costs of design, engineering, installation, maintenance, maintenance tools and equipment, spare parts, repairs, and debt service.&nbsp;</span></p> <p><span class="cls0">D. 1. An energy conservation contract, with respect to existing buildings or facilities, may be funded through a lease-purchase agreement that meets federal tax requirements for tax-free municipal leasing or long-term financing.&nbsp;</span></p> <p><span class="cls0">2. The repayment period of the lease-purchase agreement shall not exceed the lesser of fifteen (15) years or the weighted average equipment life of equipment to be installed under the energy conservation contract.&nbsp;</span></p> <p><span class="cls0">E. 1. Energy conservation contracts and lease-purchase agreements executed pursuant to this section shall be let under competitive proposal procedures.&nbsp;</span></p> <p><span class="cls0">2. Notice of the request for proposals shall be published in the manner provided for competitive bidding. Requests for proposals must solicit quotations and must specify the relative importance of guaranteed savings, price, financial performance and stability, quality, technical ability, experience and other evaluation factors.&nbsp;</span></p> <p><span class="cls0">3. The contract shall be awarded to the responsible offeror whose proposal, following negotiations, is determined to be the most advantageous to the political subdivision considering the guaranteed savings and other evaluation factors set forth in the request for proposals.&nbsp;</span></p> <p><span class="cls0">F. In accordance with the terms of a request for proposals under subsection E of this section and with rules promulgated by the governing board, the governing board may conduct discussions with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract. Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals. To obtain the best final offers, the governing board may allow proposal revisions after submissions and before the award of the contract.&nbsp;</span></p> <p><span class="cls0">G. If provided in a request for proposals under subsection E of this section, proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals confidential during negotiations.&nbsp;</span></p> <p><span class="cls0">H. All proposals shall be open for public inspection after the contract with the selected provider has been executed, but trade secrets and proprietary information clearly identified in the proposals shall not be open for public inspection.&nbsp;</span></p> <p><span class="cls0">I. Energy conservation contracts shall contain a baseline calculation and energy savings calculation methodology. The calculations shall be performed in accordance with the procedures used by the International Protocol for Measurement and Verification Procedures (IPMVP) or succeeding standard of the United States Department of Energy.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 391, &sect; 12, emerg. eff. June 10, 1998. Amended by Laws 2000, c. 164, &sect; 3, emerg. eff. April 28, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.1. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the &ldquo;Oklahoma Energy Independence Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 122, &sect; 1, emerg. eff. April 28, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.2. County Energy District Authority - Establishment.&nbsp;</span></p> <p><span class="cls0">A. The board of county commissioners of a county, by resolution, may establish a County Energy District Authority for the county. The authority shall be a public trust as provided for in Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The authority shall consist of five (5) trustees as follows:&nbsp;</span></p> <p><span class="cls0">1. The three county commissioners of the county; and&nbsp;</span></p> <p><span class="cls0">2. Two persons appointed by the board of county commissioners.&nbsp;</span></p> <p><span class="cls0">The appointed members shall be residents of the county and shall not be elected officials.&nbsp;</span></p> <p><span class="cls0">C. The chair of the board of county commissioners shall serve as chair of the authority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 122, &sect; 2, emerg. eff. April 28, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.2a. County Energy District Authority.&nbsp;</span></p> <p><span class="cls0">A. The board of directors of a circuit engineering district, established pursuant to Section 687.l et seq. of Title 69 of the Oklahoma Statutes, may by resolution establish a County Energy District Authority pursuant to the provisions of the Oklahoma Energy Independence Act, for the district. The authority shall be a public trust as provided for in Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The authority shall consist of the circuit engineering district board of directors.&nbsp;</span></p> <p><span class="cls0">C. The chair of the board of directors of the circuit engineering district shall serve as chair of the authority.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 71, &sect; 1. Amended by Laws 2011, c. 48, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 11, &sect; 1, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2011, c. 35, &sect; 1 repealed by Laws 2012, c. 11, &sect; 2, emerg. eff. April 4, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.3. Trustees - Time and place for meetings.&nbsp;</span></p> <p><span class="cls0">The trustees of a County Energy District Authority shall establish a time and place for regular meetings and may hold such special meetings as may be required for the proper transaction of business. Three trustees shall constitute a quorum for the transaction of business and upon all questions requiring a vote of the trustees, there must be a concurrence of three trustees for approval.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 122, &sect; 3, emerg. eff. April 28, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.4. Trustees - County Energy District Authority - Duties.&nbsp;</span></p> <p><span class="cls0">The trustees of a County Energy District Authority shall:&nbsp;</span></p> <p><span class="cls0">1. Manage and conduct the business and affairs of the authority;&nbsp;</span></p> <p><span class="cls0">2. Make and execute all necessary contracts;&nbsp;</span></p> <p><span class="cls0">3. Secure funding through sources which may include:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;issuance of notes or bonds,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;public or private lenders, or&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;grants or loans from other governmental entities when such funds are available; and&nbsp;</span></p> <p><span class="cls0">4. Authorize the county to make loans or grants between a willing and consenting property owner and the authority or a financial institution for the following purposes:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;to finance the installation of distributed generation renewable energy sources,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;to make energy efficient improvements or retrofits that are permanently affixed to residential, commercial, or industrial property,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;to conduct residential and commercial building energy audits, and&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;to establish financial incentive programs for energy efficient improvements.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 122, &sect; 4, emerg. eff. April 28, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.5. Application - Loans - Property lien.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Energy Independence Act shall apply to developed property on which property taxes are paid and on which the owners of the property are current in the payment of the property taxes.&nbsp;</span></p> <p><span class="cls0">B. The repayment of any loan made pursuant to the Oklahoma Energy Independence Act shall be upon such terms as may be agreed to by the property owner and the County Energy District Authority.&nbsp;</span></p> <p><span class="cls0">C. Any loan made pursuant to the Oklahoma Energy Independence Act shall constitute a lien on the property which is the subject of the loan only upon the recording of a mortgage covering the property in the office of the county clerk. Any mortgage securing a loan shall be junior and inferior to all previously recorded liens or mortgages of any kind. The exclusive method of enforcing a lien for failure to repay any loan made pursuant to the Oklahoma Energy Independence Act shall be by judicial or nonjudicial foreclosure as provided by law.&nbsp;</span></p> <p><span class="cls0">D. Only appliances or improvements that are permanently affixed to the property shall be eligible for financing pursuant to the Oklahoma Energy Independence Act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 122, &sect; 5, emerg. eff. April 28, 2009. Amended by Laws 2011, c. 275, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.6. Oklahoma Energy District Authority - Grants - Energy efficiency retrofits on tax exempt property.&nbsp;</span></p> <p><span class="cls0">A County Energy District Authority may make grants to nonprofit organizations to perform energy efficiency retrofits on tax exempt property.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 122, &sect; 6, emerg. eff. April 28, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-460.7. Property owners - Energy audit.&nbsp;</span></p> <p><span class="cls0">County Energy District Authorities shall require that those property owners participating in the program have an energy audit conducted on the property to be improved to demonstrate the value of the project and that the improvements at a minimum meet &ldquo;Energy Star&rdquo; ratings.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 122, &sect; 7, emerg. eff. April 28, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-461. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-462. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-463. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-464. Repealed by Laws 1953, p. 48, &sect; 3 and by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-465. Repealed by Laws 1953, p. 48, &sect; 3 and by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-466. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-467. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-468. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-469. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-470. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-471. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-472. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-473. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-474. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-475. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-476. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-477. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-478. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-479. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-480. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-481. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-482. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-483. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-484. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-485. Repealed by Laws 1961, p. 608, &sect; 25.&nbsp;</span></p> <p><span class="cls0">&sect;19-510. County sheriff - Qualifications.&nbsp;</span></p> <p><span class="cls0">Any person, otherwise qualified, who has been a resident of the State of Oklahoma for two (2) years, has been a registered voter of the party whose nomination he or she seeks, or a registered Independent, within the county from which such person seeks election for the six (6) months next preceding the first day of the filing period, except in 2004, when such person must have been a qualified registered elector no later than December 21, 2003, is at least twenty-five (25) years of age next preceding the date of filing for office, possesses at least a high school education, shall be eligible to hold the office of county sheriff or to file therefor. Provided, however, in counties with populations of five hundred thousand (500,000) or more, the person seeking election shall also be a current certified peace officer in good standing. Within twelve (12) months of taking office, all newly elected or appointed sheriffs shall complete a sheriff&rsquo;s administrative school which has been developed by the Oklahoma Sheriff&rsquo;s Association and which has been approved by the Council on Law Enforcement Education and Training (CLEET). Failure to complete the sheriff&rsquo;s administrative school within the specified period shall preclude the new sheriff from obtaining CLEET certification. New sheriffs with prior CLEET certification, who fail to attend the sheriff&rsquo;s administrative school, shall have their CLEET certification revoked. Provided, however, the provisions of this section relating to qualifications shall not apply to any person serving as a county sheriff or to any person previously serving as county sheriff prior to the adoption of this statute.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 157, &sect; 1, emerg. eff. May 28, 1976. Amended by Laws 1992, c. 181, &sect; 4, eff. July 1, 1992; Laws 1999, c. 37, &sect; 1, eff. Nov. 1, 1999; Laws 2000, c. 15, &sect; 1, emerg. eff. April 3, 2000; Laws 2003, c. 184, &sect; 2, eff. Nov. 1, 2003; Laws 2004, c. 53, &sect; 5, emerg. eff. April 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-511. Repealed by Laws 1980, c. 180, &sect; 6, emerg. eff. May 13, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19-512. Repealed by Laws 1980, c. 180, &sect; 6, emerg. eff. May 13, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19513. Custody of jail.&nbsp;</span></p> <p><span class="cls0">The sheriff shall have the charge and custody of the jail of his county, and all the prisoners in the same, and shall keep such jail himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1698.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-513.1. Training for jailers.&nbsp;</span></p> <p><span class="cls0">Every sheriff shall require appropriate training for jailers in accordance with the jail standards promulgated by the State Department of Health. The sheriff shall not permit supervision of any prisoner in the custody of the jail by any person that does not meet the jail standards for training and supervision of inmates. The sheriff or contractor having charge and custody of the jail shall comply with all minimal supervision standards pursuant to the jail standards promulgated by the State Department of Health, except when otherwise provided by law. Nothing in this section shall be construed to prohibit or restrict the sheriff or contractor having charge and custody of the jail from training or cross-training a person as a backup jailer, if otherwise qualified for such position.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 180, &sect; 2, eff. July 1, 2005. Amended by Laws 2007, c. 51, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-513.2. Sheriff's duties in operation or management of jail facility, holding facility or detention center applicable to public trust, private owner or management entity.&nbsp;</span></p> <p><span class="cls0">A. For purposes of any jail facility, holding facility or detention center, every reference in statute or rule to any duty or responsibility imposed upon the sheriff or any jailer to operate, manage or provide any service to any person in the custody of such facility or any service related to the management or operation of such facility shall be deemed applicable to and imposed upon the public trust or private owner or management entity who by contract or otherwise legally operates or manages such jail facility, holding facility or detention facility.&nbsp;</span></p> <p><span class="cls0">B. It is unlawful for any public trust, private owner or management entity contracting to operate or manage any jail facility, holding facility or detention center to fail to comply with the provisions of any statute or rule relating to duties and responsibilities required to operate, manage and provide services to any person in the custody of such facility.&nbsp;</span></p> <p><span class="cls0">C. Every governmental entity and other authority who contracts for the operation or management of any jail facility, holding facility or detention center with a public trust or any private owner or management entity shall be required to have a provision in such contract requiring compliance with the duties and responsibilities imposed by statute or rule to operate or manage a jail facility, holding facility or detention center.&nbsp;</span></p> <p><span class="cls0">D. Nothing in this section shall be construed to confer or grant any peace-officer status or peace-officer power to any public trust or private owner or management entity that by contract operates or manages any jail facility, holding facility or detention center, except as may be specifically provided in another provision of law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 217, &sect; 2, emerg. eff. May 26, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19514. Service of process, etc.&nbsp;</span></p> <p><span class="cls0">The sheriff in person, or by his undersheriff or deputy, shall serve and execute, according to law, all process, writs, precepts and orders issued or made by lawful authorities, and to him directed, and shall attend upon the several courts of record held in his county.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1699.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19514.1. Sheriff's Service Fee Account.&nbsp;</span></p> <p><span class="cls0">There is hereby created a cash account to be known as the "Sheriff's Service Fee Account". Monies from the account shall be expended by the sheriff in the lawful operation of his office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1984, c. 268, &sect; 1, eff. Nov. 1, 1984.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-514.2. Sheriff's Commissary Account.&nbsp;</span></p> <p><span class="cls0">There is hereby created a cash account to be known as the "Sheriff's Commissary Account". Monies from the account shall be expended by the sheriff as authorized in Section 180.43 of Title 19 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 237, &sect; 2, emerg. eff. May 19, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-514.3. Fingerprinting fee.&nbsp;</span></p> <p><span class="cls0">The sheriff may charge Five Dollars ($5.00) per card for fingerprinting individuals. This section shall not be applicable to fingerprinting individuals pursuant to the Oklahoma Self-Defense Act. All fees collected pursuant to this section shall be deposited into the Sheriff's Service Fee Account.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 109, &sect; 2, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-514.4. Notification of outstanding warrants - Contracts - Payment to court or contractor - Payment in lieu of court appearance.&nbsp;</span></p> <p><span class="cls0">A. Notwithstanding any other section of law, the county sheriffs of any Oklahoma county may enter into a private contract, pursuant to Section 85.41 of Title 74 of the Oklahoma Statutes. Such contract shall require the contractor to attempt to locate and notify persons of their outstanding misdemeanor or failure-to-pay warrants. &nbsp;</span></p> <p class="cls16"><span class="cls0">B. A person may make payment directly to the court, as allowed by law, or the contractor shall be authorized to accept payment on misdemeanor or failure-to-pay warrants by various means including, but not limited to, payment by phone, mail, or Internet, and in any payment form including, but not limited to, personal, cashier&rsquo;s, traveler&rsquo;s, certified, or guaranteed bank check, postal or commercial money order, nationally recognized credit or a debit card, or other generally accepted payment form. Any payment collected and received by the contractor shall be paid within fifteen (15) days to the court clerk of the entity that issued the outstanding misdemeanor or failure-to-pay warrant.&nbsp;</span></p> <p class="cls16"><span class="cls0">C. As provided for by this section, a person may pay in lieu of appearance before the court and such payment accepted by the court shall constitute a finding of guilty as though a plea of nolo contendere had been entered by the defendant as allowed by law and shall function as a written, dated, and signed plea form acceptable to the court. Such payment shall serve as a written waiver of a jury trial.&nbsp;</span></p> <p class="cls16"><span class="cls0">D. The court shall release the outstanding misdemeanor or failure-to-pay warrant upon receipt of all sums due pursuant to said warrant including the misdemeanor or failure-to-pay warrant, scheduled fine or sum due, all associated fees, costs and statutory penalty assessments, and the administrative cost pursuant to Section 514.5 of this title.&nbsp;</span></p> <p class="cls16"><span class="cls0">E. The provisions of any contract entered into by a county sheriff shall be administered by a statewide association of county sheriffs in Oklahoma. The county sheriff of any Oklahoma county may assign their right to contract to the statewide association administering the provisions of this contract.&nbsp;</span></p> <p class="cls16"><span class="cls0">F. The provisions of this section and Section 514.5 of this title shall be applicable to:&nbsp;</span></p> <p class="cls16"><span class="cls0">1. Any misdemeanor or failure-to-pay warrant issued or relating to any proceeding pursuant to the State and Municipal Traffic Bail Bond Procedure Act; &nbsp;</span></p> <p class="cls16"><span class="cls0">2. Any misdemeanor or failure-to-pay warrant issued that allows a defendant to resolve the matter by payment in lieu of a personal appearance in court; and&nbsp;</span></p> <p class="cls16"><span class="cls0">3. Any failure-to-pay warrant issued in a criminal case.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 254, &sect; 1, eff. July 1, 2003. Amended by Laws 2005, c. 208, &sect; 2, eff. Nov. 1, 2005; Laws 2010, c. 87, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-514.5. Collection of administrative costs.&nbsp;</span></p> <p><span class="cls0">A. Misdemeanor or failure-to-pay warrants referred to the contractor pursuant to Section 514.4 of this title shall include the addition of an administrative cost of thirty percent (30%) of the outstanding misdemeanor or failure-to-pay warrant, scheduled fine or sum due, and all associated fees, costs and statutory penalty assessments. This administrative cost shall not be waived or reduced except by order of the court. &nbsp;</span></p> <p><span class="cls0">B. The administrative cost reflected in subsection A of this section, when collected, shall be distributed to the association administering the provisions of the contract, a portion of which may be used to compensate the contractor.&nbsp;</span></p> <p><span class="cls0">C. The monies collected and disbursed shall be audited at least once a year by a firm approved by the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 254, &sect; 2, eff. July 1, 2003. Amended by Laws 2005, c. 208, &sect; 3, eff. Nov. 1, 2005; Laws 2010, c. 87, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-515. Repealed by Laws 1943, p. 79, &sect; 2.&nbsp;</span></p> <p><span class="cls0">&sect;19-515.1. Repealed by Laws 1972, c. 214, &sect; 5, eff. Oct. 1, 1972.&nbsp;</span></p> <p><span class="cls0">&sect;19-516. Duty and powers as peace officer.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of the sheriff, undersheriffs and deputies to keep and preserve the peace of their respective counties, and to quiet and suppress all affrays, riots and unlawful assemblies and insurrections, for which purpose and for the service of process in civil and criminal cases, and in apprehending or securing any person for felony or breach of the peace, they and every constable may call to their aid such person or persons of their county as they may deem necessary.&nbsp;</span></p> <p><span class="cls0">B. The sheriff, in addition to the duties pursuant to subsection A of this section, shall coordinate and administer courthouse security.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1700. Amended by Laws 2006, c. 71, &sect; 1, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19517. New sheriff, delivery to.&nbsp;</span></p> <p><span class="cls0">Whenever a new sheriff shall be elected, and shall have been qualified as required by law, the former sheriff, upon demand, shall deliver to him the jail and other property of the county, and all prisoners in such jail, and all writs, processes, orders and other papers belonging to such office, and in his possession, or that of his undersheriff or deputies, except as provided in the next succeeding section; and upon delivery thereof, such new sheriff shall execute to the former sheriff his receipt therefor.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1701.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-517.1. Maintenance and disposal of departmental records &ndash; Conversion to microfilm.&nbsp;</span></p> <p><span class="cls0">The governing body of each county may establish a length of time for the county to keep departmental records and authorize the sheriff to properly dispose of or convert to microfilm or a similar medium all records not specifically addressed in other statutes. Such records shall be kept for a minimum of seven (7) years; provided however, if the sheriff is the sole source for such records, the records shall not be destroyed but shall be kept in retrievable form.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 5, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19518. Retiring sheriff to complete action on papers in hand.&nbsp;</span></p> <p><span class="cls0">Sheriffs, undersheriffs and deputies may execute and return all such writs and processes as shall be in their hands at the expiration of their office, or at the time of their removal from office, which they shall have begun to execute by service, levy or collection of money thereon.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1702.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19519. Misconduct of former sheriff's deputy or jailer.&nbsp;</span></p> <p><span class="cls0">Any default or misconduct in the office of deputy sheriff or jailer after the death, resignation or removal of any sheriff by whom he was appointed, shall be adjudged a breach of the bond of such sheriff.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1703.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19520. Sheriff's executors or administrators liable.&nbsp;</span></p> <p><span class="cls0">Any action for default or misconduct of any sheriff, his undersheriff, jailer, or any of his deputies, may be prosecuted against the executors or administrators of such sheriff.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1704.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19521. Writs How served on sheriff.&nbsp;</span></p> <p><span class="cls0">Every paper required by law to be served on the sheriff, may be served on him in person, or left at his office during his business hours.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1705.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19522. May not recommend or act as attorney List of attorneys posted.&nbsp;</span></p> <p><span class="cls0">No sheriff, undersheriff, deputy sheriff, or person by either of them deputed to do any special act, shall, directly or indirectly, by himself or through others in any way suggest or indicate to, or advise any person having any proceeding or about to have any proceeding in any court, or other matter, that any attorney or firm of attorneys is desirable, or successful practitioners, or in any way do any act liable to influence or direct such person in his choice of attorneys. Nor shall any such sheriff, undersheriff, or deputy sheriff, appear or advise as attorney or counselor in the case, or in any court. Any sheriff, undersheriff, deputy sheriff, or person so specially deputed, who shall violate any one of the provisions of this section shall be deemed guilty of a misdemeanor, and for the first offense shall be fined Ten Dollars ($10.00), and on the second conviction shall be fined not less than Twentyfive Dollars ($25.00); and for the third offense, he shall be removed from office. The sheriff shall keep posted in each cell of the jail a list of the attorneys practicing in his county.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1706.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19523. Failure to make returns Penalty.&nbsp;</span></p> <p><span class="cls0">Whenever any sheriff shall neglect to make due return of any writ or process delivered to him to be executed, or shall be guilty of any default or misconduct in relation thereto, he shall be liable to a fine or attachment, or both at the discretion of the court, subject to appeal; such fine, however, not to exceed Two Hundred Dollars ($200.00); and also an action for damages to the party so aggrieved.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1707.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-524. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-525. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19526. Inspection of county buildings.&nbsp;</span></p> <p><span class="cls0">The sheriff, in addition to other duties, shall have the responsibility of annually inspecting all county buildings and making a report to the board of county commissioners.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 54, &sect; 2, emerg. eff. March 5, 1969. Amended by Laws 1979, c. 221, &sect; 10, emerg. eff. May 30, 1979; Laws 2004, c. 390, &sect; 1, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-527. Employment of general counsel authorized.&nbsp;</span></p> <p><span class="cls0">The sheriff, treasurer or assessor in a county shall have the authority to employ a general counsel, either in-house as a staff attorney or through an outside law firm, to advise or represent that officer and his or her office in the performance of the official duties of that office. The Board of County Commissioners shall approve all contracts for outside counsel. A general counsel employed pursuant to this section shall be compensated from the funds of the employing county office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 215, &sect; 1, eff. Nov. 1, 1998. Amended by Laws 2005, c. 356, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-528. Authority to employ attorney.&nbsp;</span></p> <p><span class="cls0">Upon the recommendation of the Attorney General, the sheriff of any county shall have the authority to employ an attorney to represent the sheriff and the office of the sheriff in the performance of the official duties of that office. The authority to employ an attorney shall be limited to those situations or cases where the district attorney of the same county as the sheriff has been disqualified or removed from the case. The fees for employing an attorney may be paid from unrestricted funds within the budget of the sheriff or the sheriff may request that the budget authority of the county appropriate funds from the county general fund, if such funds are available, for the purpose of paying such fees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 58, &sect; 1, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-529. Law enforcement grants.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other provisions of law, the county sheriff may apply for any law enforcement grant which would help fund the office of the sheriff. The funds from such grants shall go directly into the sheriff&rsquo;s general revenue fund for the operation of the sheriff&rsquo;s office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 348, &sect; 3, eff. May 30, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-531. Inmate Trust Fund Checking Account.&nbsp;</span></p> <p><span class="cls0">A. Notwithstanding any other provisions of law, the county sheriff may establish a checking account, to be designated the "Inmate Trust Fund Checking Account", to be managed by the county sheriff and maintained separately from regular county funds. The checking account shall be subject to audit by the State Auditor and Inspector. The county sheriff shall deposit all monies collected from inmates incarcerated in the county jail into this checking account and may write checks to the Sheriff's Commissary Account for purchases made by the inmate during his or her incarceration and to the inmate from unencumbered balances due the inmate upon his or her discharge.&nbsp;</span></p> <p><span class="cls0">B. The sheriff may deduct an amount of Eight Dollars ($8.00) or more from any monies collected from an inmate as a medical payment on account for each medical services visit the inmate receives while incarcerated in the county jail, except as otherwise provided in this subsection. The county sheriff may deduct an amount of ten cents ($0.10) per page from any monies collected from an inmate for copies made at the request of the inmate. Any offender injured during the commission of a felony or misdemeanor offense or treated for any other medical condition or illness while incarcerated shall be required to reimburse the sheriff the full amount paid by the sheriff for any medical care or treatment administered to such offender during any period of incarceration in the county jail. The sheriff may deduct the costs of medical care and treatment whether resulting from the commission of a felony or misdemeanor offense or for emergency or routine medical services from any money collected from such inmate's jail account at a rate of Eight Dollars ($8.00) or more per visit for medication or service dispensed. If the funds collected from the inmate's jail account are insufficient to satisfy the actual or minimal payment on account for medical costs, the sheriff shall collect the remaining balance of the medical care and treatment as provided in Section 979a of Title 22 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. The State Auditor and Inspector shall prescribe procedures for the operation of the Inmate Trust Fund Checking Account. Banking fees on the account may be paid out of the Sheriff Commissary Account or the county sheriff's Service Fee Cash Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 334, &sect; 16, emerg. eff. June 9, 1993. Amended by Laws 1996, c. 109, &sect; 3, eff. Nov. 1, 1996; Laws 1997, c. 68, &sect; 1, eff. Nov. 1, 1997; Laws 1998, c. 290, &sect; 1, eff. July 1, 1998; Laws 2003, c. 319, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-541. Repealed by Laws 2004, c. 19, &sect; 2, emerg. eff. March 29, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;19-542. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-543. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-544. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-545. Service of district court work or other court work.&nbsp;</span></p> <p><span class="cls0">All work issued out of the district court shall be served by the sheriff or his salaried deputies, together with such other work as may be placed in the hands of the sheriff or salaried deputies, by any court in his or their county except as provided in Section 158.1 of Title 12 of the Oklahoma Statutes. All process placed in the hands of the said sheriff shall be served promptly and the return thereof made without delay and filed in the proper court. A failure to promptly serve process placed in the hands of the sheriff, or the failure to perform expeditiously all the duties of his office, shall be grounds for removal of such sheriff.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 165, p. 240, &sect; 4. Amended by Laws 1919, c. 2, p. 2, &sect; 1; Laws 1979, c. 221, &sect; 12, emerg. eff. May 30, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-546. Repealed by Laws 1968, c. 162, &sect; 8, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-547. Deputizing certain persons - Reserve force deputy sheriffs - Deputizing municipal police officers under interlocal governmental agreements &ndash; Emergency assistance to other jurisdictions.&nbsp;</span></p> <p><span class="cls0">A. The sheriff shall be responsible for the official acts of the undersheriff and deputy sheriffs, and may revoke such appointments at the pleasure of the sheriff; provided, however, for counties with a population of five hundred thousand (500,000) or more persons, according to the latest Federal Decennial Census, with the exception of chief deputies and undersheriffs, all deputy sheriffs and detention officers shall serve a five-year probationary period during which the deputy sheriff or detention officer shall be considered an at-will employee. After the five-year probationary period, such deputy sheriff or detention officer shall not be discharged except for just cause. The sheriff or the undersheriff may in writing depute certain persons to do particular acts.&nbsp;</span></p> <p><span class="cls0">B. Each sheriff may appoint as many reserve force deputy sheriffs as are necessary to preserve the peace and dignity of the county. A current list of each person holding such appointment shall be maintained by the county sheriff and shall be available to the public. Reserve force deputy sheriffs may perform duties which encompass a particular act or a series of acts. The sheriff or a CLEET-certified deputy sheriff shall accompany a reserve force deputy sheriff in the performance of all duties assigned to such reserve force deputy sheriff unless such reserve deputy has completed the required one-hundred-sixty-hour basic police course. Reserve force deputies may receive compensation for their services. The sheriff may pay reserve force deputies for travel expenses pursuant to the State Travel Reimbursement Act. Such reserve deputy sheriffs shall complete a one-hundred-sixty-hour basic police course within twelve (12) months after they have been commissioned to be paid by the county as an individual reserve deputy. The sheriff may pay for additional training courses attended by reserve force deputies.&nbsp;</span></p> <p><span class="cls0">C. Reserve force deputy sheriffs with at least one hundred sixty (160) hours of training pursuant to Section 3311 of Title 70 of the Oklahoma Statutes shall not serve more than one hundred forty (140) hours per calendar month.&nbsp;</span></p> <p><span class="cls0">D. The sheriff or a designee may deputize municipal police officers subject to an interlocal governmental agreement to combine city and county law enforcement efforts and to encourage cooperation between city and county law enforcement officials. Liability for the conduct of any municipal police officers deputized under the terms and conditions of an interlocal governmental agreement shall remain the responsibility of their municipal employer.&nbsp;</span></p> <p><span class="cls0">E. The sheriff may enter into mutual aid agreements pursuant to the Interlocal Cooperation Act, Section 1002 et seq. of Title 74 of the Oklahoma Statutes, to assist or provide law enforcement services to any town, city, and county within this state and the sheriff and deputies shall have law enforcement authority within the jurisdiction making the request. The employing governmental unit shall remain responsible for their officers or deputies pursuant to any mutual aid agreement.&nbsp;</span></p> <p><span class="cls0">F. A sheriff of the county may respond to any request from any other jurisdiction within the state for law enforcement assistance in cases of emergency. The sheriff, deputy sheriffs and reserve deputy sheriffs serving in response to the emergency request shall have the same powers and duties as though employed by the requesting law enforcement agency, and when so acting they shall be deemed to be acting within the scope of employment of the requesting law enforcement agency. Salaries, insurance and other benefits shall be provided in the regular manner by the county in which the sheriff, deputy sheriffs and reserve deputy sheriffs are regularly employed. As used in this subsection, &ldquo;emergency&rdquo; means a sudden and unforeseeable occurrence or condition, either as to its onset or its extent, of such severity or magnitude that immediate response or action is necessary to assist law enforcement agencies having jurisdiction at the scene of the emergency to carry out their functions.&nbsp;</span></p> <p><span class="cls0">G. A reserve force deputy sheriff shall be authorized to serve civil process pursuant to Section 2004 of Title 12 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 1695. Amended by Laws 1979, c. 221, &sect; 13, emerg. eff. May 30, 1979; Laws 1981, c. 72, &sect; 1; Laws 1992, c. 285, &sect; 3, emerg. eff. May 25, 1992; Laws 1996, c. 109, &sect; 4, eff. Nov. 1, 1996; Laws 1999, c. 48, &sect; 1, emerg. eff. April 5, 1999; Laws 2000, c. 57, &sect; 1, eff. Nov. 1, 2000; Laws 2001, c. 324, &sect; 1, eff. July 1, 2001; Laws 2008, c. 366, &sect; 1, emerg. eff. June 3, 2008; Laws 2010, c. 78, &sect; 2, eff. Nov. 1, 2010; Laws 2010, c. 125, &sect; 1, eff. Nov. 1, 2010; Laws 2011, c. 21, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-547.1. Assignment at 2002 National Sheriff Association conference in Tulsa &ndash; Same powers and duties as Tulsa County sheriff - Liability.&nbsp;</span></p> <p><span class="cls0">A. Any Oklahoma sheriff, deputy sheriff, or a reserve deputy sheriff who is assigned to perform duties associated with the National Sheriff Association annual conference within Tulsa County during the month of June 2002, shall have the same powers and duties as though employed by the Tulsa County Sheriff&rsquo;s Office. Liability for the conduct of any sheriff, deputy sheriff, or reserve deputy sheriff, while performing duties during the National Sheriff Association annual conference or any activities in conjunction with that conference for June 2002, shall remain the responsibility of the counties of which they are regularly employed. Salaries, insurance and other benefits shall be provided in the regular manner by the county in which the sheriffs, deputy sheriffs and reserve deputy sheriffs are regularly employed.&nbsp;</span></p> <p><span class="cls0">B. Any duties assigned to sheriffs, deputy sheriffs, and reserve deputy sheriffs as a result of this section shall terminate on July 1, 2002.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 324, &sect; 2, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-547.2. Sheriffs' Personnel Task Force - Members - Study and recommendations - Quorum - Member compensation.&nbsp;</span></p> <p><span class="cls0">A. It is the public policy of the State of Oklahoma to:&nbsp;</span></p> <p><span class="cls0">1. Recognize and support public safety and the protection of the public arising from the successful operation of county sheriffs' offices;&nbsp;</span></p> <p><span class="cls0">2. Acknowledge the contributions and professionalism of deputy sheriffs and detention officers in ensuring the safety of the public; and&nbsp;</span></p> <p><span class="cls0">3. Support procedures for the continuing operation of sheriffs' offices during transition periods following changes in sheriffs.&nbsp;</span></p> <p><span class="cls0">B. There is hereby created the Sheriffs' Personnel Task Force to continue until February 1, 2008. The purpose of the task force is to develop a comprehensive report on employment and retention of deputy sheriffs and detention officers, the costs of recruiting, training and replacing deputy sheriffs and detention officers and the effects of turnover among such personnel on public safety and to make recommendations to reduce turnover in such positions.&nbsp;</span></p> <p><span class="cls0">C. The Sheriffs' Personnel Task Force shall be composed of the following seven (7) members:&nbsp;</span></p> <p><span class="cls0">1. Two members of the Oklahoma Senate appointed by the President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">2. Two members of the Oklahoma House of Representatives appointed by the Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">3. Two members appointed by the Governor, one to be from a sheriff's office with fifty or more employees and the other to be from a sheriff's office with fewer than fifty employees; and&nbsp;</span></p> <p><span class="cls0">4. The chief executive officer of the largest organization in the state that represents sheriffs, or a designee.&nbsp;</span></p> <p><span class="cls0">D. The task force shall study the recruitment and retention of deputy sheriffs and detention officers and make recommendations which may include compensation adjustments, pay band adjustments, targeted salary increases, and other recommendations related to turnover, fringe benefits and other compensation issues concerning deputy sheriffs and detention officers, but excluding retirement issues. The recommendations shall be made to the President Pro Tempore of the Senate, Speaker of the House of Representatives, and Governor on or before February 1, 2008.&nbsp;</span></p> <p><span class="cls0">E. The task force shall meet by November 1, 2006, and thereafter to consider recommendations. Any additional meetings shall be at the call of the chair.&nbsp;</span></p> <p><span class="cls0">F. A majority of the members of the task force shall constitute a quorum for the transaction of business. Each task force member shall be entitled to one vote on the task force. Any official action of the task force must have a majority of the votes of the members present.&nbsp;</span></p> <p><span class="cls0">G. Each member of the task force shall serve without compensation, except that each legislative member of the task force shall receive reimbursement for travel expenses in accordance with Section 456 of Title 74 of the Oklahoma Statutes, and each nonlegislative member of the task force shall receive reimbursement for travel expenses in accordance with the State Travel Reimbursement Act by the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">H. 1. Staffing for the task force shall be composed of the Office of Management and Enterprise Services.&nbsp;</span></p> <p><span class="cls0">2. The Oklahoma Senate and Oklahoma House of Representatives shall provide additional staff as needed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 242, &sect; 1, eff. Nov. 1, 2006. Amended by Laws 2012, c. 304, &sect; 70.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19548. Appointments and revocations to be written &ndash; Public list maintained - Exception.&nbsp;</span></p> <p><span class="cls0">A. Every appointment of an undersheriff or a deputy sheriff, and every revocation of such appointments, shall be in writing, under the hand of the sheriff. The sheriff shall maintain a list of every appointment and revocation of an undersheriff or deputy sheriff. The list shall be made available to the public upon request.&nbsp;</span></p> <p><span class="cls0">B. This section shall not extend to any person who may be deputized by any sheriff or undersheriff to do any particular act only.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1696. Amended by Laws 2005, c. 111, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-549. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-550. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-551. Repealed by Laws 1971, c. 309, &sect; 2, emerg. eff. June 24, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;19-552. Renumbered as &sect; 125 of Title 20 by Laws 1971, c. 309, &sect; 3, emerg. eff. June 24, 1971.&nbsp;</span></p> <p><span class="cls0">&sect;19553. Retiring sheriffs and deputies Retention of peace officer status - Firearms and badges &ndash; Death and spousal request.&nbsp;</span></p> <p><span class="cls0">A. Sheriffs and their deputies, retiring under the provisions of Sections 951 et seq. of Title 19 of the Oklahoma Statutes, or Sections 901 et seq. of Title 74 of the Oklahoma Statutes, or reserve deputies may retain their status as peace officers of the State of Oklahoma, retired, and as such may retain the right to keep their county-issued firearm and badge, and bear firearms as provided by Sections 554 and 555 of this title.&nbsp;</span></p> <p><span class="cls0">B. Upon the death of a sheriff, or deputy, or reserve deputy, the surviving spouse may request to retain the badge and firearm of the deceased spouse. The sheriff&rsquo;s office may grant the request in accordance with their policy, if any.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 107, &sect; 1. Amended by Laws 1990, c. 340, &sect; 14, eff. July 1, 1990; Laws 2005, c. 169, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19554. Retiring officers Request for permission to keep and bear arms Issuance of commission Exemptions.&nbsp;</span></p> <p><span class="cls0">A. The retiring officer shall request in writing to the board of county commissioners of the county in which the officer retired for permission to keep and bear arms. The board of county commissioners may grant said request and the sheriff of the county may issue a commission except in the following cases:&nbsp;</span></p> <p><span class="cls0">1. When the retiring officer has been convicted of a felony involving moral turpitude;&nbsp;</span></p> <p><span class="cls0">2. Where the officer is mentally or physically incapacitated and could not perform duties if recalled; and&nbsp;</span></p> <p><span class="cls0">3. When good cause is shown that granting approval of the request would be detrimental to the public health, safety and welfare.&nbsp;</span></p> <p><span class="cls0">B. Custody and possession of the sidearm and badge of sheriffs and their deputies that become deceased prior to retirement may be awarded by the board of county commissioners to a spouse or next of kin of the deceased employee under the same conditions listed in subsection A.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 107, &sect; 2. Amended by Laws 2002, c. 63, &sect; 1, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19555. Retired sheriffs and deputies Emergencies.&nbsp;</span></p> <p><span class="cls0">A retired sheriff or deputy may in times of great emergency or danger serve the county at the request of the Governor or the board of county commissioners of the county in which the officer retired.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1979, c. 107, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-556. County law enforcement - Support services.&nbsp;</span></p> <p><span class="cls0">A corporation organized not-for-profit pursuant to the provisions of the Oklahoma General Corporation Act and that holds a valid exemption from federal income taxation issued pursuant to Section 501(a) of the Internal Revenue Code (26 U.S.C. Section 501(a)) and is listed as an exempt organization in Section 501(c) of the Internal Revenue Code (26 U.S.C. Section 501(c)) and is a statewide association of county sheriffs that represents the largest association of elected sheriffs of this state is hereby authorized to provide any available support services and/or assist in coordinating county law enforcement resources when any sheriff of this state requests such assistance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 121 &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-561. Repealed by Laws 1937, p. 216, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;19-562. Repealed by Laws 1937, p. 216, &sect; 3.&nbsp;</span></p> <p><span class="cls0">&sect;19-563. Repealed by Laws 2007, c. 62, &sect; 30, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;19564. Tax levy for purchase, equipment and installation Annual appropriations and levies for maintenance.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners and the excise board of each county of this state wherein a shortwave radio system has been authorized to be established as provided in Section 1 of this act, may make a sufficient appropriation and levy to purchase, equip and install said system and to maintain and operate the same to the end of the fiscal year during which said system was so purchased, equipped and installed, and may thereafter make sufficient annual appropriations and levies to maintain and operate said system.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1937, p. 216, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-565.1. Repealed by Laws 2007, c. 62, &sect; 31, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;19-565.2. Repealed by Laws 2007, c. 62, &sect; 31, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;19-565.3. Repealed by Laws 2007, c. 62, &sect; 31, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;19570. Abolition of office of county surveyor.&nbsp;</span></p> <p><span class="cls0">The office of county surveyor is hereby abolished. All aerial photographs, maps, plats, field notes, drawings, specifications, other survey data and records, which can be used to locate, identify or reference survey monuments and property corners, not constituting the personal property of any county surveyor, shall be transferred to the custody of the county clerk of the county, and shall become a part of the official records of that office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 45, &sect; 2, operative Jan. 3, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-571. Repealed by Laws 1980, c. 180, &sect; 6, emerg. eff. May 13, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19-571.1. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-572. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-573. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-574. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-575. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-576. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-577. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-578. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-579. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-580. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-581. Repealed by Laws 1980, c. 111, &sect; 6, eff. Oct. 1, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19-582. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-583. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-584. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-585. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-586. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-587. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-588. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-589. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-590. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-591. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19591.1. Removing, relocating, changing, obliterating or making unintelligible survey monument Replacement Recordation of corners.&nbsp;</span></p> <p><span class="cls0">A. Any person who knowingly removes, relocates, changes, obliterates or makes unintelligible a survey monument shall be guilty of a misdemeanor and in addition shall be liable for the cost of reestablishing and resetting the monument and any actual damages incurred as a result of such actions.&nbsp;</span></p> <p><span class="cls0">B. At such time as it may be necessary to remove, obliterate, cover or destroy any monument, the county surveyor or any other qualified land surveyor shall set new monuments from which may be established the location of the original monument and a new survey report shall be recorded as provided for original survey reports.&nbsp;</span></p> <p><span class="cls0">C. All corners as required by this act that are included within the definitions of the Corner Perpetuation and Filing Act (65SS3116 through 65SS3123) shall be recorded with the Oklahoma Department of Libraries, State Archives and the county clerk.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 111, &sect; 5, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-592. Repealed by Laws 1982, c. 45, &sect; 3, operative Jan. 3, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;19-621. Repealed by Laws 1941, p. 462, &sect; 1 and Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19622. Bond of county treasurer.&nbsp;</span></p> <p><span class="cls0">The county treasurers shall be covered by the county blanket bond and it shall run to the state, and action may be brought thereon in the name of the state, for the use and benefit of the person or persons injured by a violation thereof. In the event of defalcation by the county treasurer no surety shall be required to pay a greater portion of such loss than the ratio which its bond bears to the total bond required for the treasurer. Such bond for the county treasurer in each county as set by each board of county commissioners shall be in the aggregate sum of not less than Fifty Thousand Dollars ($50,000.00).&nbsp;</span></p> <p><span class="cls0">Any surety or sureties on the bond of such county treasurer may at any time examine into, investigate and audit the books and records of such county treasurer for the purpose of determining whether said treasurer has performed the duties of his office faithfully and according to law and may, when such surety or sureties deem themselves insecure, upon thirty (30) days' written notice given to the board of county commissioners, withdraw and cancel their obligations as surety or sureties on such bond.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1729. Amended by Laws 1931, p. 143, &sect; 1; Laws 1933, c. 23, p. 52, &sect; 1; Laws 1933, c. 206, p. 491, &sect; 1; Laws 1975, c. 6, &sect; 1, emerg. eff. Feb. 7, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19623. General duties - Direct deposit system.&nbsp;</span></p> <p><span class="cls0">It shall be his duty to receive all monies belonging to the county from whatever source they may be derived, and other monies which by law are directed to be paid to him, and all monies received by him for the use of the county shall be paid by him only on the warrants of the board of county commissioners, drawn according to law, and all other monies shall be paid over by him as provided by law. Counties may implement a direct deposit system to have warrants transferred electronically to a financial institution. The State Auditor and Inspector shall promulgate rules as necessary for the implementation and administration of a direct deposit system.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1730. Amended by Laws 1993, c. 318, &sect; 7, emerg. eff. June 7, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19624. Receipts for money received.&nbsp;</span></p> <p><span class="cls0">All tax receipts and other receipts for money received by the county treasurer shall be receipted in duplicate and the duplicate filed with the county clerk; but no receipt, except a tax receipt, shall be of any validity until it is countersigned by the county clerk.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1731.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19625. Other duties.&nbsp;</span></p> <p><span class="cls0">The treasurer shall be the collector of taxes, and shall keep his office at the county seat. He shall be charged with the amount of all tax lists in his hands for collection, and credited with the amount collected thereon, and the delinquent list, and shall keep a fair and accurate current account of the moneys by him received showing the amount thereof, the time when, from whom, and on what account received, in cash, warrants, county or road orders; and if in warrants or orders, their kind, number or other designation, amounts for which they were drawn, interest due thereon, and the amounts of the receipts thereon endorsed, if any; also of all disbursements by him made, showing the time when, to whom, on what account, and the amounts paid; and he shall so arrange his books that the amounts received and paid on account of each separate and distinct fund or appropriation shall be exhibited in separate and distinct columns or accounts, and so as to show whether the same was received or paid in cash, or warrants or orders, and if either of the latter, their designation and other particulars as above required; and the county treasurer shall at all times exhibit such accounts when desired, to the state, county or school officers entitled to examine the same and shall at any time pay over the balance in his hands to them, upon receiving proper vouchers.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1732.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19626. Inspection of books, accounts and vouchers Settlement with county commissioners.&nbsp;</span></p> <p><span class="cls0">The books, accounts, and vouchers of the county treasurer, and all moneys, warrants or orders remaining in the treasury, shall at all times be subject to the inspection and examination of the board of county commissioners, and at the regular meetings of the board in January and July of each year, and at such other times as they may direct, he shall settle with them his accounts as treasurer, and for that purpose he shall exhibit to them all his books, accounts and money, and all the vouchers relating to the same, to be audited and allowed, which vouchers shall be retained by them for evidence of his settlement; and if found correct the accounts shall be so certified; if not he shall be liable on his bond.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1733.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19627. County, city, town or school district Insurance of buildings and property.&nbsp;</span></p> <p><span class="cls0">The governing board of any county, city, town, or school district, dependent or independent, is hereby authorized to insure or cause to be insured, at the cost of such municipality, any or all of the public buildings and property or other tangible and insurable assets owned or held by such municipality, in the name of the lawful treasurer of such municipality. In event of destruction or damage to such buildings or property, or loss of other tangible and insurable assets, so insured, such treasurer shall demand and receive the moneys due on account of such insurance, and when so received, he shall deposit the same as other moneys belonging to such municipality and he shall credit the same to a special account on his records and it shall be used solely to rebuild, repair, or replace the property or assets so lost, damaged, or destroyed, and shall be disbursed in payment of lawful warrants drawn by such governing board for such purpose, the same as other public funds are disbursed. If not so needed, upon resolution to that effect by the governing board, the same shall be considered income from sources other than ad valorem tax and credited to the general fund of such municipality.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1734. Amended by Laws 1941, p. 64, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-628. Repealed by Laws 1984, c. 163, &sect; 21, eff. Nov. 1, 1984.&nbsp;</span></p> <p><span class="cls0">&sect;19629. Nonexistent assets due to bank failure, robbery, etc. Determination of status Liquidation from penalty and interest on delinquent taxes.&nbsp;</span></p> <p><span class="cls0">Upon presentation by the county treasurer to the county commissioners, either for purpose of accounting or settlement as by law required, or otherwise, of statements of account and balance sheets in which is disclosed an item or items of assets that amount to fiction, represented by bank accounts or securities that, because of bank failure, robbery, theft, embezzlement, or otherwise, are nonexistent, worthless, or unenforceable, then the county commissioners, judge of the district court and district attorney are hereby authorized, by quasijudicial proceedings, the judge of the district court presiding, to make a determination of the status of such item or items of assets; and upon first finding that such item or items have been carried on the treasurer's accounts fifteen (15) years or more without realization or abatement, they shall then proceed to further determination for purpose of correcting said accounts to procure a liquid condition. If, after first finding said fifteen (15) years to have fully run, they find such fictitious, nonexistent, or worthless and unenforceable asset to be not identifiable as an asset of a corresponding fund liability account, they shall so state, and thereupon, by decree and order direct that the county treasurer henceforth apply and determine percentage, not exceeding twentyfive percent (25%) of the penalty and interest on delinquent taxes, as collected by him, that would otherwise be apportioned to the county under the statute, to the liquidation of such fictitious, nonexistent, or worthless asset, and to so continue until such account is closed by such liquidation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1929, c. 13, p. 12, &sect; 1. Amended by Laws 1943, p. 79, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19630. Monthly payments into State Treasury.&nbsp;</span></p> <p><span class="cls0">The treasurers of the several counties shall pay into the State Treasury all funds in their hands belonging thereto on or before the second Monday of each and every month of the year.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7423. Amended by Laws 1915, c. 72, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19631. Failure, neglect or refusal to comply Penalty Removal from office.&nbsp;</span></p> <p><span class="cls0">Any treasurer who shall fail, neglect or refuse to comply with the requirements of Section 7423, shall forfeit and pay to the use of the State of Oklahoma, the sum of Twentyfive Dollars ($25.00) per day for each and every day that he shall so neglect, fail or refuse to comply with the requirements of said section, and in addition to such penalty shall forfeit, and be removed from office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 72, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19632. Action for neglect of county treasurer.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the State Treasurer and he is hereby empowered to institute in the name of the state the necessary suits, actions and proceedings to enforce the provisions of this act, and in the event of the neglect, failure or refusal of the State Treasurer to bring such suits, actions and proceedings, then the same may be instituted and maintained on the relation of any citizen of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1915, c. 72, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19633. Payment Register Recording of interest.&nbsp;</span></p> <p><span class="cls0">Each county treasurer is required to keep a book called the "Payment Register," in which he shall enter every warrant by him paid, specifying the date upon which the same was paid and canceled, from whom received, its number and the amount for which it was originally drawn. Provided, that the county treasurer shall record the interest allowed and total amount paid on each group of warrants bearing the same registration date and presented for payment on the same date and need not separately record the interest allowed and total amount paid on each such warrant. Said payment register shall be in form prescribed by the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7426. Amended by Laws 1974, c. 118, &sect; 1, emerg. eff. May 1, 1974; Laws 1979, c. 30, &sect; 81, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-634. Repealed by Laws 2004, c. 447, &sect; 20, emerg. eff. June 4, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;19635. Action against treasurer failing to make settlement.&nbsp;</span></p> <p><span class="cls0">If any county treasurer shall fail to make return, fail to make settlement or fail to pay over all money with which he may stand charged at the time and in the manner prescribed by law, it shall be the duty of the county clerk, on receiving instruction for that purpose from the State Auditor and Inspector, or from the county commissioners of his county, to cause suit to be instituted against such treasurer and his sureties or any of them in the district court of his county.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7430. Amended by Laws 1979, c. 30, &sect; 5, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19636. Suspension of treasurer during action.&nbsp;</span></p> <p><span class="cls0">Whenever any suit shall have been commenced against any delinquent county treasurer as aforesaid the judge of the district court of such county may at his discretion suspend such treasurer from office pending the final termination of such suit and the board of county commissioners shall appoint some suitable person to fill such vacancy therein created as hereinbefore provided.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7431.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19637. When additional security required of treasurer.&nbsp;</span></p> <p><span class="cls0">The county commissioners may require the county treasurer to give additional securities whenever in the opinion of a majority of said county commissioners, the existing security shall have become insufficient and said commissioners are hereby also authorized and empowered to demand and receive from said county treasurer an additional bond as required by law, with good and sufficient security in such sum as said commissioners or a majority of them may direct whenever in their opinion more money shall have passed or is about to pass into the hands of said treasurer than is or would be recovered by the penalty on the previous bond.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7432.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19638. Failure to give additional bond vacates office.&nbsp;</span></p> <p><span class="cls0">If any county treasurer shall fail or refuse to give such additional bond within twenty (20) days from and after the day on which said commissioners shall have required said treasurer so to do, his office shall be declared vacant and another treasurer shall be appointed in accordance with the provisions of this chapter.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7433.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-639. Repealed by Laws 1974, c. 118, &sect; 2, emerg. eff. May 1, 1974.&nbsp;</span></p> <p><span class="cls0">&sect;19-640. Repealed by Laws 1993, c. 105, &sect; 3, emerg. eff. April 23, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-641. Embezzlement.&nbsp;</span></p> <p><span class="cls0">If any county treasurer or other officer or person charged with the collection, receipt, safekeeping, transfer or disbursement of the public money, or any part thereof, belonging to the state or to any county, precinct, district, city, town or school district of the state shall convert to the officer&rsquo;s or person&rsquo;s own use or to the use of any other person, body corporate or other association, in any way whatever, any of such public money, or any other funds, property, bonds, securities, assets or effects of any kind received, controlled or held by such officer or person by virtue of such office or public trust for safekeeping, transfer or disbursement, or in any other way or manner, or for any other purpose; or shall use the same by way of investment in any kind of security, stocks, loan property, land or merchandise, or in any other manner or form whatever; or shall loan the same, with or without interest, to any person, firm or corporation, except when authorized by law; or if any person shall advise, aid, or in any manner knowingly participate in such act, such county treasurer, or other officer or person shall be guilty of an embezzlement. Upon conviction thereof, such county treasurer or other officer or person shall be punished as provided in subsection C of Section 1451 of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7437. Amended by Laws 1982, c. 87, &sect; 1, emerg. eff. April 1, 1982; Laws 1997, c. 133, &sect; 151, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 71, eff. July 1, 1999; Laws 2002, c. 460, &sect; 3, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 151 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19642. Treasurer's cash book and accounts.&nbsp;</span></p> <p><span class="cls0">The county treasurer shall keep a cash book, in which he shall enter an account of all money by him received, specifying in proper columns provided for that purpose the date of payment, the numbers of receipts issued therefor, by whom paid, and on account of what fund or funds the same were paid, whether state, county or school, road, sinking or other fund, or otherwise, and the treasurer shall keep an account of money received for and on account of taxes separate and distinct from moneys received on any other account, and shall also keep his account of money received for and on account of taxes levied and assessed for any one year separate and distinct from those levied and assessed for any other year.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7445.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19643. Treasurer's receipts.&nbsp;</span></p> <p><span class="cls0">Whenever the treasurer receives any money, warrant or order on account of licenses, fines or other account, except taxes charged on the tax roll, he shall make out the proper duplicate receipts for the same, and shall give one of said receipts to the person paying said money and the other to the county clerk within one (1) day thereafter in order that the treasurer may be charged with the amount thereof. The treasurer shall then enter the same in his cash book as in case of money received for taxes, but in a separate and distinct series of numbers of receipts issued therefor; and no person shall receive such license or be discharged from obligation, by reason of such fine on account, until he shall have so delivered such duplicate receipt to the county clerk, and the treasurer shall so inform the person making the payment at the time of payment.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 7446. Amended by Laws 1957, p. 127, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-644. Repealed by Laws 1993, c. 3, &sect; 2, eff. Sept. 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;19-644.1. Clerk to keep duplicate of treasurer's collections and deposits.&nbsp;</span></p> <p><span class="cls0">The county clerk shall keep and maintain, in a safe place, the duplicate copy of all daily collections and deposits made by the county treasurer as required by Section 115 of Title 19 of the Oklahoma Statutes and as furnished to the county clerk by the county treasurer. The county clerk may keep a separate ledger of said transaction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 3, &sect; 1, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-645. Cities and towns of less than 5,000 - Designation as treasurer - Reimbursement of county - Ordinance - Powers and duties.&nbsp;</span></p> <p><span class="cls0">The board of trustees, the city council, or the board of city commissioners of any incorporated town or city having a population of less than five thousand (5,000) inhabitants according to the last Federal Decennial Census, shall have the authority to designate the county treasurer as the official treasurer of such incorporated town or city having a population of less than five thousand (5,000) inhabitants according to the last Federal Decennial Census, who shall serve in such capacity without additional compensation, provided, however, that the board of trustees, the city council, or the board of city commissioners shall pay into the general revenue fund of the county, upon a claim filed by the county clerk an amount which the board of trustees, the city council, or the board of city commissioners and the board of county commissioners estimate will reasonably reimburse the county for supplies which the county treasurer might need to serve as treasurer of any incorporated town or city in the state. The designation of the county treasurer as treasurer of the city or town shall be by ordinance and the voters of the city or town shall not elect a treasurer while the ordinance remains in effect. When so designated, the county treasurer shall exercise all the powers and perform all of the duties of the office of treasurer of the city or town and his official bond as county treasurer shall stand for any and all moneys and securities belonging to the city or town which come into his hands.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1941, p. 65, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19646. Reimbursement of county officers replacing stolen funds.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any county of this state is hereby authorized to appropriate and the county excise board thereof to approve the appropriation of county funds to reimburse any county officer, county board, county commission, and all members and employees of either thereof who has paid or who will pay his personal funds into the county treasury for the loss of the public funds, whether of money, cash items, or securities, therein which were stolen from the cash drawer or any other receptacle provided by the county commissioners, or taken by force or other unlawful means from the custody of the county officer, county board, county commission, or their deputies, but only where said board of county commissioners have neglected to protect such insurable assets of the county against such hazard by insurance policy in force at the time of loss under authority of Section 627 of this title.&nbsp;</span></p> <p><span class="cls0">Upon a showing satisfactory to the county commissioners, that the county officer, county board, county commission, or their deputies was without fault in relation to such theft, robbery, holdup or other cause, such board of county commissioners are hereby authorized to allow and pay the county treasurer's verified claim therefor out of the appropriation provided for herein.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 84, &sect; 1. Amended by Laws 1989, c. 133, &sect; 1, operative July 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-671. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-672. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-673. Repealed by Laws 1943, p. 78, &sect; 43.&nbsp;</span></p> <p><span class="cls0">&sect;19-673a. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19-674. Repealed by Laws 1979, c. 221, &sect; 18, emerg. eff. May 30, 1979.&nbsp;</span></p> <p><span class="cls0">&sect;19681. County treasurer official depository.&nbsp;</span></p> <p><span class="cls0">The county treasurer is hereby designated and made the official depository for all moneys, funds, rentals, penalties, costs, proceeds of sale of property, fees, fines, forfeitures and public charges of every kind that may be received by any county officer, county board, county commission, or by any employee of either of such officers, boards or commissions by virtue or under color of office; and the said county treasurer shall be responsible on his official bond for the faithful performance of duty as such official depository.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 104, p. 161, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-682. Duties of county officers - Deposit of funds - Change account funds - Worthless checks, etc. - Interest-bearing accounts.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of each and every county officer, county board, county commission and all members and employees of either thereof, to deposit daily in the official depository designated in Section 681 of this title, all monies, checks, drafts, orders, vouchers, funds, rentals, penalties, costs, proceeds of sale of property, fees, fines, forfeitures and public charges of every kind received or collected by virtue or under color of office, except that each county officer, county board, and county commission is hereby authorized to keep in the office, from this deposit, no more than One Thousand Five Hundred Dollars ($1,500.00) to be used for their change needs. The amount so retained shall not be cumulative so that after each such deposit there shall not be on hand more than authorized by this section. A notation of the retention of this money shall be made in the proper accounting records. All checks, drafts, orders and vouchers so deposited shall be credited and cleared at par, and should payment be refused on any check, draft, order or voucher, should the same prove otherwise worthless, the amount thereof and any costs accruing thereon shall be a charge against the account theretofore credited with the same. Each county officer is hereby authorized to assess and collect a fee of Thirty-five Dollars ($35.00) for each worthless check, draft, order or voucher. All monies when so received by the county treasurer, as such official depository, shall be deposited in interestbearing accounts in financial institutions designated and qualified as county depositories as now provided by law and shall draw interest, subject to deduction of financial institution charges for maintaining, processing and collateralizing the account, which interest shall be paid monthly; and, when collected, shall be credited to the respective funds and accounts so earning the same; provided, that all interest collected on monies deposited pursuant to the provisions hereof shall be paid into the county treasury monthly by the authority to whose financial institution account the same shall have accrued and shall be credited to the general or contingent fund of the county, except that in civil cases all interest earned on funds, other than court costs, deposited in court by litigants shall, when so ordered by the court upon deposit, be disposed of as the court orders. This provision shall only apply to such deposit in excess of One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 104, p. 161, &sect; 2. Amended by Laws 1982, c. 218, &sect; 1, emerg. eff. April 29, 1982; Laws 1983, c. 28, &sect; 1, eff. Nov. 1, 1983; Laws 1988, c. 110, &sect; 1, emerg. eff. April 4, 1988; Laws 1989, c. 133, &sect; 2, operative July 1, 1989; Laws 1989, c. 336, &sect; 1, eff. July 1, 1989; Laws 2002, c. 232, &sect; 4, eff. Nov. 1, 2002; Laws 2006, c. 77, &sect; 2, eff. July 1, 2006; Laws 2009, c. 267, &sect; 1, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19683. Monies, how credited and withdrawn.&nbsp;</span></p> <p><span class="cls0">All monies deposited in the official depository as provided in Sections 1 and 2 hereof, shall be credited to the account of the officers, board or commission or employee thereof so depositing the same and may be withdrawn, only in transfer of such parts thereof as may be due the county or its fund or funds under its management, or in distribution to the respective parties legally entitled thereto of such parts thereof as may have accrued as fees or expense money, and in refund of erroneous or excessive collections and credits, and in payment of legal claims and charges against any trust deposit or fund included in such account. All withdrawals of monies from the said depository shall be made on the voucher of the authority making such deposit, which said vouchers shall show on their face the character of claim or charge liquidated or the fund or funds to which transferred in the county treasury, and shall, when redeemed, be delivered monthly to the county clerk and receipted for by him. It shall be the duty of the authority making any withdrawal to present the voucher therefor to the county treasurer for registration before delivery to the payee. Upon such presentation, the county treasurer shall register the said voucher in its proper numerical order, certify such registration by his official signature, and designate on the face of said voucher the bank through which the same shall be paid. Such voucher thereupon shall become the official draft of the county treasurer on such bank. The treasurer shall keep a record of all vouchers so registered by him, showing therein the date of issue and registration of each voucher, by whom and on what account drawn, to whom payable, the purpose for which issued and the amount thereof, and the name of bank on which registered for payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 104, p. 162, &sect; 3. Amended by Laws 1951, p. 44, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19684. Time for payment to county treasury Report of receipts.&nbsp;</span></p> <p><span class="cls0">All monies that shall be received during any calendar month by any county officer, county board, county commission or the members or employees of either thereof, accruing as a part of the funds of the county or municipal subdivision thereof, shall be paid into the county treasury, that is, transferred from the official account of the officer, board, commission or employee of either thereof depositing the same, to the fund or funds of the county or municipal subdivision thereof to which the same belongs, by the authority so receiving the same on or before the second Monday following the close of the calendar month in which such monies shall have been received; and it shall be the further duty of all such officers, boards, commissions, and the members and employees of either thereof, to make and file with the county clerk on or before the second Monday of each month, a verified report in writing showing the several sources, classes and amounts of money received by virtue or under color of office during the preceding calendar month, together with an itemized statement of the amount and purpose of all vouchers issued in disbursement, distribution and transfer thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 104, p. 163, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19685. County treasurer may bring suit.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of the county treasurer and he is hereby empowered to institute in the name of the state the necessary suits, actions and proceedings to enforce the provisions of this act, and in the event of the neglect, failure or refusal of the county treasurer to bring such suits, actions and proceedings, then the same may be instituted and maintained on the relation of any citizen of the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 104, p. 163, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19686. Penalty for violation.&nbsp;</span></p> <p><span class="cls0">Any official or employee thereof or any member or employee of any county board or county commission who shall fail, neglect or refuse to comply with the requirements of Section 682 of this title, or any other provision of this act, shall forfeit and pay to the use of the county the sum of Ten Dollars ($10.00) per day for each and every day that he shall so fail, neglect or refuse to comply with the requirements of said act, and shall forfeit and be removed from office; and, any such official who shall issue, sign, attest or utter any false or illegal voucher against any monies deposited, as in this act provided, shall be liable to the county on his official bond for a sum double in amount of any such illegal or fraudulent voucher, and shall be guilty of a felony and upon conviction thereof shall be punished by a fine in a sum of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) and by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1917, c. 104, p. 163, &sect; 6. Amended by Laws 1997, c. 133, &sect; 152, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 72, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 152 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19691. Refund or payment only on voucher of county clerk.&nbsp;</span></p> <p><span class="cls0">All money collected through error by the county treasurer, and all other funds of whatsoever kind that shall come into his possession by virtue of office, except such as is required to be disbursed on warrant, bond, interest, coupon or depository voucher, shall be refunded or paid out as the case may be, only on voucher issued by the county clerk. No county treasurer shall, after having filed with the county clerk any report of collections, make any refund of any part thereof, except in the manner as herein provided.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 241, p. 342, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19692. Filing and auditing of claims.&nbsp;</span></p> <p><span class="cls0">All claims for money, subject to refund or disbursement as in this act provided, shall be filed with the county clerk, who is hereby authorized to audit the same, and to issue his voucher for such amounts thereof as he may find to be due the respective claimants.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 241, p. 342, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19693. Rules and regulations Forms.&nbsp;</span></p> <p><span class="cls0">For the purpose of carrying into effect the provisions of this act, and for its proper administration, the State Auditor and Inspector is hereby empowered to promulgate and enforce such rules and regulations as may be necessary but not inconsistent herewith, and he shall prescribe the forms of all claims, vouchers and other accounting stationery required under the provision hereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 241, p. 342, &sect; 3. Amended by Laws 1979, c. 30, &sect; 82, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-701. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-702. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-703. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-704. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-705. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-706. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-707. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-708. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-709. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-710. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-711. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-712. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-713. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-714. Repealed by Laws 1968, c. 132, &sect; 2, eff. April 8, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19731. Tax levy to provide for buildings Vote.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners is authorized to provide for the construction or repairing of courthouses, jails or other necessary buildings, and make contracts on behalf of the county for building or repairing the same, and for the purpose of providing a fund for the payment of the cost of the same such board of county commissioners is hereby authorized and empowered to provide for the levy of a tax and to continue such provision from year to year for a period not exceeding five (5) years: Provided, that such levy for such purpose, together with the levies for all other purposes shall not exceed the amount authorized by law: Provided, further, that the money, raised by such levy, shall constitute a separate and distinct fund from all others in the hands of the county treasurer until the obligation assumed by the board of county commissioners under authority of this section shall have been discharged. And provided, further, that no levy of taxes for the purposes of this section shall be made until after a majority of the legally qualified voters of said county, voting upon said proposition, shall have voted in favor of the expenditures whose payment is to be provided for by said levy or levies of taxes, at a general election at which said proposition shall be submitted, or at a special election called for the purpose of voting upon said proposition. The proposition submitted at such general or special election shall be whether or not the board of county commissioners shall be authorized to expend the sum desired (stating such sum) for the building of a courthouse, jail, or other necessary building, and shall be arranged on the ballot in suitable and convenient form for voting. Such special election shall be held as nearly as possible in conformity to the general election laws of the state; and at any such general or special election the votes upon the proposition submitted shall be counted and canvassed, the returns thereof made, and the results declared as nearly in conformity to the general election laws of the state as possible: Provided, that notice of the submitting of such proposition to the voters of the county shall be given by the county clerk by publication in at least two newspapers published in said county and having a general circulation therein, for not less than thirty (30) days immediately prior to said election: And provided, further, that if there is only one paper published in such county, publication in that paper for the required time shall be sufficient; and if no paper be published therein, notice of such election shall be given by posting up written or printed notices thereof for the required time, at least one in each voting precinct of such county at the most public places in said precinct.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1619.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19732. Buildings to be erected when fund sufficient.&nbsp;</span></p> <p><span class="cls0">After a building fund has been accumulated, either from the proceeds of the sale of town lots or from any other source, it shall be the duty of the board of county commissioners within one year from the time such fund becomes available, to proceed to the erection of the necessary county buildings including a jail, if such fund shall in the judgment of the board be sufficient for that purpose.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1620.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19733. Advertisement for bids Bids Bond of contractor.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners shall cause an advertisement for bids for the erection of such buildings to be printed in some newspaper printed in the county, or of general circulation therein if there be no newspaper published in said county, for a period of at least thirty (30) days prior to the date set for the opening of bids, and in such other newspapers in the state as the board may deem advisable. Such advertisement shall give the place where the plans and specifications may be examined, the date on which bids will be opened, the time which will be allowed for the completion of such building, and such other information as the board may direct. Bids may be opened, considered, passed upon, and contracts for the erection of said buildings let at any regular session of said board, or at a special session thereof called for such purpose, but in all cases the bids must be opened and contracts let in open session of said board. The lowest responsible bid must in all cases be accepted unless all bids are rejected, and the contract for such buildings shall be so conditioned that not more than ninety percent (90%) of the price agreed to be paid for the construction thereof shall be paid until the terms of the contract shall have been fully complied with and the buildings completed to the satisfaction of the board and accepted by them. The said board of county commissioners may require to be filed with each bid a bond, or in lieu thereof a certified check, conditioned that the bidder will enter into a contract with approved security for the performance of the work in accordance with the plans and specifications in case his bid be accepted, and, when such contract is awarded to any such bidder, such bidder shall execute to the county a good and sufficient bond in the sum of such contract, with two or more sureties, to be approved by the board of county commissioners, conditioned for the faithful and full performance of such contract.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1621. Amended by Laws 1963, c. 43, &sect; 1, emerg. eff. April 24, 1963.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19734. Contracts for sites, purchases, repairs, etc. Bonds Elections.&nbsp;</span></p> <p><span class="cls0">Whenever the board of county commissioners of any county considers it to be to the best interest of the county to acquire sites, purchase, erect, repair, remodel, equip and furnish a courthouse or jail, they shall have power to contract for the acquisition of sites, purchase, erection, repair, remodeling, equipping and furnishing of same and to issue bonds in payment therefor. Provided, however, that the bonds shall not be issued until the question shall have first been submitted to the people of the county and a threefifths (3/5) majority of the qualified voters voting at any general election, or special election called by the board of county commissioners for the purpose, shall have declared by their votes in favor of issuing such bonds.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1625. Amended by Laws 1955, p. 160, &sect; 1; Laws 1959, p. 103, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19735. Conditions of calling election.&nbsp;</span></p> <p><span class="cls0">Before the board of county commissioners shall determine to call an election as provided under the preceding section to purchase or erect a courthouse or jail they shall cause to be made upon the records of their proceedings a statement showing the assessed valuation of the taxable property within the county, as shown by the last annual equalized assessment roll of taxable property within said county taken for the purpose of taxation, and in force and effect at the time, together with all outstanding indebtedness of every class and character whatsoever, and the cash in the hands of the county treasurer for county use with the amount of the bonds proposed to be issued.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1626.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19736. Notice of election.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners shall give thirty (30) days' notice of the election upon the question of issuing said bonds, by publication in two weekly newspapers of general circulation published at the county seat of the county, unless there be but one weekly newspaper, in which event that one shall be sufficient; and if there be no weekly newspaper, then by five notices posted in five public places within the county. The notices of election shall contain the statement of the county commissioners, as provided by the preceding section, date of election, amount of bonds proposed to be issued and whether for courthouse or jail or for both courthouse and jail. The notices shall be signed by the chairman of the board of county commissioners and attested by the county clerk.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1627.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19737. Majority vote necessary Sale of bonds.&nbsp;</span></p> <p><span class="cls0">If a majority of the legal votes cast at the election be for the issuing of the bonds, the commissioners shall proceed at once to the issuing of same and shall deliver the bonds to the treasurer of the county, who shall be chargeable therefor upon his official bond. The treasurer, by and with the advice of the commissioners, shall proceed to sell said bonds and retain the proceeds thereof to be paid upon the orders of the commissioners as the same shall be needed: Provided, however, that said bonds shall not be sold for less than ninetyfive cents ($0.95) on the dollar.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1628.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19738. Character of bonds.&nbsp;</span></p> <p><span class="cls0">Bonds issued shall bear interest at a rate not to exceed the maximum rate provided by Section 498.1 of Title 62 of the Oklahoma Statutes, payable semiannually, and of denomination of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) each. The entire amount shall be paid within twentyfive (25) years. The bonds shall be signed by the chairman of the board of county commissioners and countersigned by the county clerk. They shall be recorded by the county clerk and by the State Auditor and Inspector, both of whom shall endorse the same on the back thereof. Facsimile signatures may be used as provided in the Registered Public Obligations Act of Oklahoma.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 1629. Amended by Laws 1979, c. 30, &sect; 6, emerg. eff. April 6, 1979; Laws 1983, c. 170, &sect; 30, eff. July 1, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-739. Repealed by Laws 1941, p. 462, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19740. Use of sinking fund Warrants against estimated proceeds of tax levy.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners, district judge and county judge of any county in this state may use for the purpose of erecting, remodeling or rebuilding a courthouse or jail, or both, at the county seat, all or any portion of the sinking fund of the county derived from penalties, interest and forfeitures accrued, or to accrue, and in addition thereto, where a mill tax for courthouse or jail purposes has been, or may be voted by a majority of the qualified electors of said county covering a period of years, the county commissioners, district judge and county judge of said county may make an estimate of the amount that the said levy together with the sinking fund, interest and penalties so derived will raise during the entire period of time for which said mill levy has been or may be voted, based on the average valuation of the property in said county for the last past five (5) years and may contract for and cause to be erected a courthouse and jail, or either in said county, at the county seat thereof, and may draw warrants against said estimate in payment therefor, which shall be a legal charge against said county, payable out of the fund thus derived. Said warrants to be issued in amount not to exceed One Thousand Dollars ($1,000.00) each, and when funds accumulate in the county treasury to the credit of said fund sufficient to pay one or more of said warrants the county treasurer shall give notice by publication in a newspaper published in said county that the money is available to pay said warrants, or warrant, giving the number and date of said warrant or warrants, and unless said warrant, or warrants, are presented for payment within thirty (30) days from the date of said publications, said warrants, or warrant, so advertised shall cease to draw interest. Said contract for the building as aforesaid shall be approved by the county commissioners, district judge and county judge of said county. This act shall not be construed as affecting or repealing any existing law and shall be cumulative in its operation and effect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 192324, c. 111, p. 133, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-741. Repealed by Laws 1978, c. 244, &sect; 42, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-742. Repealed by Laws 1968, c. 412, &sect; 20, eff. May 17, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-743. Repealed by Laws 2011, c. 122, &sect; 1.&nbsp;</span></p> <p><span class="cls0">&sect;19-744. Use of private prison contractors.&nbsp;</span></p> <p><span class="cls0">A. Upon the recommendation of the County Jail Trust Authority formed pursuant to Section 904.1 of this title, the board of county commissioners of each county may enter into contracts with private contractors for the management and operation of any jail owned by the county or for the incarceration of inmates in jail facilities owned and operated by private contractors. Such services shall meet any standards prescribed and established for county jails, including but not limited to standards concerning internal and perimeter security, discipline of inmates, employment of inmates, and proper food, clothing, housing, and medical care. The contracts may be for a period not to exceed fifty (50) years subject to annual appropriations by the county excise board. The contracts shall be valid for a fiscal year only if the county excise board provides an appropriation for the contract for that fiscal year.&nbsp;</span></p> <p><span class="cls0">B. A comprehensive file for all private contractors interested in and capable of managing or operating a county jail or incarcerating inmates in a facility owned and operated by the contractor shall be maintained by the county. These files shall include a completed application form, a resume of the contractor's staff and capability, completed performance evaluation form for past projects on which the contractor has provided jail services to the county, a list of past contracts with the county, and a list of contracts to provide similar services to other political subdivisions of this state or other states.&nbsp;</span></p> <p><span class="cls0">The file shall include the mailing address of each private contractor.&nbsp;</span></p> <p><span class="cls0">Any contractor may request at any time to be included in the comprehensive file, and shall be so included within twenty (20) days of the request.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners may solicit evaluation of work done by contractors from the state, other political subdivisions, or members of the private sector, which evaluation shall be part of the comprehensive file.&nbsp;</span></p> <p><span class="cls0">C. The board of county commissioners shall define the scope of a proposed project, determine the various project components, phases and timetables, and prepare detailed project descriptions to guide prospective contractors.&nbsp;</span></p> <p><span class="cls0">D. If the county intends to secure the services of private contractors, all contractors included in the file shall be notified through the mail of such intent. Such notification shall contain the following information:&nbsp;</span></p> <p><span class="cls0">1. Description and scope of the project or projects;&nbsp;</span></p> <p><span class="cls0">2. Estimated cost and time schedule for project;&nbsp;</span></p> <p><span class="cls0">3. Funds available, including federal, state or other participation;&nbsp;</span></p> <p><span class="cls0">4. Last date for submitting notice of interest in performing services to the board of county commissioners; and&nbsp;</span></p> <p><span class="cls0">5. Other pertinent data.&nbsp;</span></p> <p><span class="cls0">Private contractors desiring consideration shall meet the requirements of this section and to be considered shall submit a letter expressing interest in the project to the board of county commissioners within thirty (30) days of the postmark date of the letter of notification mailed by the board. Contractors shall have on file an application form not over twelve (12) months old.&nbsp;</span></p> <p><span class="cls0">E. The board shall review the files of the private contractors desiring consideration for the project, and shall select no fewer than three and no more than five contractors for more detailed consideration. This initial screening should consider the requirements of the project and the bid received, as well as the following factors to be determined from the file, and replies to inquiries to former clients:&nbsp;</span></p> <p><span class="cls0">1. Specialized experience in the type of work contemplated;&nbsp;</span></p> <p><span class="cls0">2. Capacity of the contractor to accomplish the work in the required time; and&nbsp;</span></p> <p><span class="cls0">3. Past performance, from the performance evaluation form.&nbsp;</span></p> <p><span class="cls0">The board shall award the contract to the contractor whose qualifications and project proposal most substantially meet the criteria of the project description.&nbsp;</span></p> <p><span class="cls0">F. The board shall negotiate the contract with the selected contractor, which contract shall include a fair and reasonable fee. If the board and the first-choice contractor cannot reach an agreement, their negotiations shall be terminated and negotiations with the second-choice contractor shall commence. If the board and the second-choice contractor cannot reach an agreement, their negotiations shall be terminated and negotiations with the third-choice contractor shall commence. If the board and the third-choice contractor cannot reach an agreement, then all negotiations shall be terminated. Should the board be unable to negotiate a satisfactory contract with any of the three selected contractors, the board shall select additional contractors in order of their competency and qualifications and shall continue negotiations in accordance with the provisions of this section until an agreement is reached.&nbsp;</span></p> <p><span class="cls0">G. Should there be an inadequate expression of interest in the project, the board of county commissioners shall confer to add additional contractors for consideration which are known to be appropriate for the project.&nbsp;</span></p> <p><span class="cls0">H. No contract authorized by the provisions of this section shall be awarded until the private contractor demonstrates to the satisfaction of the board of county commissioners:&nbsp;</span></p> <p><span class="cls0">1. That the contractor has the necessary qualifications and experience to provide the services specified in the contract;&nbsp;</span></p> <p><span class="cls0">2. That the contractor has the necessary qualified personnel to implement the terms of the contract;&nbsp;</span></p> <p><span class="cls0">3. That the financial condition of the contractor is such that the terms of the contract can be fulfilled;&nbsp;</span></p> <p><span class="cls0">4. That the ability of the contractor to obtain insurance or provide self-insurance to:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;indemnify the county against possible lawsuits arising from the operation of jail facilities by the contractor, and&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;compensate the county for any property damage or expenses incurred due to the operation of jail facilities; and&nbsp;</span></p> <p><span class="cls0">5. That the contractor has the ability to comply with applicable court orders and jail standards.&nbsp;</span></p> <p><span class="cls0">I. The sheriff of the county or a person designated by the board of county commissioners shall monitor and report to the board of county commissioners on the implementation of the contract. The board of county commissioners, the county sheriff and the County Jail Trust Authority shall be immune from liability for the acts or omissions of the private contractor.&nbsp;</span></p> <p><span class="cls0">J. A private contractor, in implementing a contract pursuant to the provisions of this section, shall not be bound by state laws or other legislative enactments which govern the appointment, qualifications, duties, salaries or benefits of jailers or other employees of the jail facilities, except that any personnel authorized to carry and use firearms shall comply with the certification standards required by the provisions of Section 3311 of Title 70 of the Oklahoma Statutes and be authorized to use firearms only to prevent the commission of a felony, to prevent escape from custody, or to prevent an act which would cause death or serious bodily injury to the personnel or to another person.&nbsp;</span></p> <p><span class="cls0">K. A county is authorized to lease real property and improvements thereon to a private contractor in conjunction with a contract for private management of a jail facility located or to be built on the property. The lease may be entered into for periods up to fifty (50) years.&nbsp;</span></p> <p><span class="cls0">L. Any contract between a county and a private contractor, whereby the contractor provides for the housing, care, and control of inmates in a facility owned and operated by the contractor, shall contain provisions granting the county the option at the beginning of each fiscal year to purchase, at a predetermined price any such facility.&nbsp;</span></p> <p><span class="cls0">M. Any contract between a county and a private prison contractor for jail management or housing shall contain provisions granting the county the right to terminate such contract for cause upon giving a sixty-day written notice.&nbsp;</span></p> <p><span class="cls0">N. The provisions of this section shall not impair any contract between a County Jail Trust Authority and a private contractor for the management and operation of any county jail entered into prior to November 1, 2001, or the renewal, extension, or continuation of such contract. Despite any provision to the contrary in this section, each County Jail Trust Authority which has entered into a contract with a private contractor for the management and operation of any county jail prior to November 1, 2001, may enter into an additional contract or contracts with a private contractor for the management and operation of its county jail. Each contract may be for a period not to exceed fifty (50) years, and the services pursuant to each contract shall meet any standards prescribed and established for county jails, including, but not limited to, standards concerning internal and perimeter security, discipline of inmates, employment of inmates, and proper food, clothing, housing and medical care.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 80, &sect; 6, operative July 1, 1987. Amended by Laws 2001, c. 176, &sect; 1, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19745. Sale of courthouse Appraisal Leaseback New facilities.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any county may sell the courthouse of the county together with the real property upon which the courthouse is located if the contract price for such sale equals or exceeds the appraised value of the courthouse and real property upon which the courthouse is located. Such appraisal shall be made by the county assessor of the applicable county. The sale authorized by this section may only be made if, as part of the contract for sale, the purchaser agrees to lease the conveyed premises to the county until the county provides new courthouse facilities, whether by purchase, construction, remodeling, lease or some combination thereof. Such new facilities shall be provided within three (3) years from the date of the conveyance of the existing courthouse to the purchaser. The new facilities may be provided in whole or in part from proceeds of the sale of the existing county courthouse, including principal and interest.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 110, &sect; 2, emerg. eff. April 4, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-746. Liability for cost of medical care of persons in custody.&nbsp;</span></p> <p><span class="cls0">A. When a person is in the custody of a county jail, the custodial county shall only be liable for the cost of medical care for conditions that are not preexisting prior to arrest and that arise due to acts or omissions of the county. A preexisting condition is a condition for which the person received medical treatment or advice, or a condition which was diagnosed in the six (6) months preceding the custody of the person by the law enforcement agency. An accidental injury sustained during the six (6) months preceding the custody of that person by the law enforcement agency will also be considered a preexisting condition.&nbsp;</span></p> <p><span class="cls0">B. An inmate in pretrial detention or the custody of a county jail shall be provided with the opportunity to receive necessary medical care for a preexisting condition and the inmate shall be liable for payment of the cost of such medical care including, but not limited to, medication, medical treatment, and transportation costs, for or relating to the condition requiring treatment.&nbsp;</span></p> <p><span class="cls0">C. The medical provider or hospital shall seek payment for all medical care provided for preexisting conditions directly from the offender. In the event there is a dispute between the jail and the medical provider or hospital concerning the existence or extent of a preexisting condition or the liability to pay medical expenses relating to such condition, and the sheriff pays the expense pending a final determination of liability for such medical expense, the court shall order the offender to reimburse the sheriff for all medical care and treatment for preexisting conditions and injuries except for amounts collected pursuant to Section 531 of this title. Nothing in this section shall require a jail to pay disputed medical expenses or expenses for any preexisting condition.&nbsp;</span></p> <p><span class="cls0">D. Unless a contract exists between a hospital and the county for medical care and treatment of inmates in the county jail, a hospital shall accept, as payment in full, reimbursement from the county according to the current fee schedule of the State and Education Employees Group Insurance Board in effect at the time services were rendered; provided that payment of said services is made by the county within forty-five (45) calendar days of submission of a claim by the hospital.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 166, &sect; 3, eff. July 1, 1991. Amended by Laws 1998, c. 290, &sect; 2, eff. July 1, 1998; Laws 2008, c. 139, &sect; 1, eff. July 1, 2008; Laws 2010, c. 362, &sect; 3, eff. Nov. 1, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-746.1. Medical Expense Liability Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the State and Education Employees Group Insurance Board to be designated the "Medical Expense Liability Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received from fees assessed pursuant to Section 1313.7 of Title 20 of the Oklahoma Statutes. All monies accruing to the credit of the fund shall be appropriated and may be budgeted and expended by the State and Education Employees Group Insurance Board for qualified medical expenses for inmates or persons in the custody of a county or city jail pursuant to the criteria set forth in Section 1313.7 of Title 20 of the Oklahoma Statutes. A portion of the Medical Expense Liability Revolving Fund shall be used for the costs the Board incurred in administering such monies.&nbsp;</span></p> <p><span class="cls0">Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 319, &sect; 4. Amended by Laws 2008, c. 139, &sect; 2, eff. July 1, 2008; Laws 2012, c. 304, &sect; 71.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19751. Governing bodies of cities authorized to contract with county commissioners.&nbsp;</span></p> <p><span class="cls0">The governing bodies of the cities of this state are hereby empowered and authorized to enter into a contract with the county commissioners of the county in which such city is located for the purpose of erecting, maintaining or operating a building to be used for a city hall and courthouse purpose or for a county and city jail or either or both of them, upon such terms or conditions as may be agreed upon between the two contracting bodies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 113, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19752. County commissioners authorized to contract with governing body of city.&nbsp;</span></p> <p><span class="cls0">The county commissioners of any county of this state are hereby authorized to enter into a contract with the governing body of any city, the county seat of such county, for the purpose of erecting, maintaining or operating a building to be used for city hall and county courthouse purposes or as a countycity jail or either or both of them, on such terms and conditions as may be agreed upon by the parties thereto.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 114, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19753. Use of property owned by city or county.&nbsp;</span></p> <p><span class="cls0">The county commissioners or the governing body of any city entering into the above described contract are hereby authorized to use any property owned by either said county or city, for the purpose of erecting thereon, said building or buildings on such terms and such conditions as may be agreed upon between said county commissioners and said governing body of such city.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 114, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19754. Use of proceeds of sale of property by city or county.&nbsp;</span></p> <p><span class="cls0">The county commissioners or the governing body of any city entering into the above described contract are hereby authorized to use such funds of said city or county as may be derived from the sale of real or personal property belonging to said city or county, irrespective of the purpose for which said property has been used. That said funds so derived from the sale of any city or county property may be combined with any other available funds of said city or county for the purpose of erecting said building or buildings, pursuant to a contract entered into under the provisions of this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 114, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19755. Effect of partial invalidity.&nbsp;</span></p> <p><span class="cls0">If any part of this act is declared unconstitutional by the Supreme Court of the State of Oklahoma, that part of said act not declared unconstitutional shall remain in full force and effect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 114, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19756. Powers of cities and counties not limited by act.&nbsp;</span></p> <p><span class="cls0">Nothing herein shall limit in any way any of the power of said cities and counties now existing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1931, p. 114, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19761. Insurance proceeds Use to restore building or records.&nbsp;</span></p> <p><span class="cls0">In all counties of the State of Oklahoma where the courthouse, or any part thereof, or the records of the county, or any part thereof, have been destroyed by fire, lightning, windstorm, or by any act of God, the board of county commissioners of such county shall have power and authority to use any insurance money, or money collected by them from insurance on said property, or any money in the treasury to the credit of such county in the courthouse fund, or any part thereof, to restore, rebuild, and make anew any such courthouse, or part thereof, or the records of the county, or any part thereof, and when such insurance money has been collected, said board of county commissioners shall have power and authority to pay out of such moneys and funds the cost of the restoration of such property or part thereof by warrants drawn and issued upon the filing and allowance of verified claims as now provided and required by law, or without notice or bid when in the judgment of the board of county commissioners said courthouse can be built, equipped and supplies can be bought at a lower and better price.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 419, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19762. Insurance Courthouse fund Use of to purchase equipment and supplies.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of such county shall have power, in addition to all other power they now possess by law, to use any part of any moneys collected by the county for insurance on such destroyed property, and the courthouse fund, to purchase any books, blank books, stationery, fixtures, furniture, typewriters, adding machines, and other equipment and supplies as may be, or shall be, necessary to restore the lost or destroyed records, fixtures, supplies and equipment of such county, where the same has been destroyed as aforesaid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 420, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19763. Funds Use of without appropriation.&nbsp;</span></p> <p><span class="cls0">Such board of county commissioners shall have power to use such money and funds that may be paid in to such county from any such insurance, without the same being appropriated by the excise board, and such money or funds shall not be considered by the excise board in making appropriations for current expenses as money received from sources other than ad valorem taxes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 420, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19764. Assessment lists and rolls Replacing Deputy county assessors.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners shall have power and authority, where the assessment lists, assessment rolls, or abstracts thereof, or the tax lists, or tax rolls, or any part thereof, for any year or years have been lost or destroyed, as above set out, to cause another, or other, assessments of the taxable property in said county to be made for any such year or years, and in order to make such assessments and to make such assessment lists, rolls, or abstracts thereof, or tax lists, rolls, or abstracts thereof, the county commissioners may employ such number of deputy county assessors on the recommendation and nomination of the county assessor as in the judgment of the board of county commissioners will be necessary to make the assessment of the taxable property of the county and to prepare assessment lists, rolls, and abstracts thereof, and tax lists and tax rolls, in the shortest possible time that will be to the best interest of the county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 420, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19765. Proclamation Publication and posting Persons holding tax receipts Duty.&nbsp;</span></p> <p><span class="cls0">In all such cases where the tax rolls and the records of the county treasurer's office, pertaining to the taxes on any of the property in the county, have been destroyed as aforesaid, the board of county commissioners shall have power and authority to order and direct, by proclamation in some weekly newspaper for three successive issues and by posting one copy of said resolution and proclamation on the front door of each and every school house in said county, that all persons holding tax receipts for three (3) years immediately prior to the first publication of said proclamation, for the past three (3) years, shall be required to present the same to the county treasurer, that he may give proper credit for the taxes against said property, and upon a failure of any person so to present said tax receipts within ninety (90) days after publication and posting of such resolution or proclamation the presumption shall be that the taxes for such year or years have not been paid, and if such delinquent taxpayer shall fail within six (6) months to make satisfactory proof to the board of county commissioners that the taxes on such property have been paid, then it shall be conclusively presumed that the taxes on such property have not been paid prior to the time the records thereof were destroyed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 420, &sect; 5.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19766. Taxes Action to foreclose lien.&nbsp;</span></p> <p><span class="cls0">When such time shall have elapsed that it is conclusively presumed that the taxes on any such property have not been paid, then the board of county commissioners shall have power and authority to order and direct that the district attorney file an action in the district court to foreclose the lien of the county on such property for the unpaid taxes thereon, and the proceedings to foreclose any such lien for the unpaid taxes shall be the same as the foreclosure of a mortgage for default in payment, and without appraisement; provided, that any number of persons may be made parties defendant in the same action.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 421, &sect; 6.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19767. Audits Destroyed records Apportionment of cash on hand.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any county where the county, township, school district, or other municipal ledger or ledgers, or any other record, or any part thereof, have been destroyed as above set forth, and where there is a total or partial lack of record as to the balance of cash on hand to the credit of the various funds of each of the municipal subdivisions of such county, shall have power and authority, upon such reasonable regulations and resolutions as such board shall make, to audit and apportion or have audited and apportioned and determined, the balance of cash on hand to the credit of the various funds of each of such municipal subdivisions of such county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 421, &sect; 7.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19768. State Auditor and Inspector Budgets and estimates Delivery to county clerk.&nbsp;</span></p> <p><span class="cls0">The State Auditor and Inspector is hereby authorized and directed to deliver to the county clerk all county, school district, city and township budgets and estimates in his possession for the purpose of enabling the county to remake a portion of the financial records lost or destroyed by fire, lightning, windstorm or by any act of God, and the county clerk shall execute a receipt therefor and retain the same in his possession for such a time as is reasonable for the preparation of the records of said county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 421, &sect; 8. Amended by Laws 1979, c. 30, &sect; 7, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19769. Courthouse fund and other monies Purchase of material without bids.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any such county is hereby authorized to expend any such money provided under the provisions of this act available for the construction of a courthouse, and any money on hand in county treasury to the credit of the courthouse fund, to purchase, without bids, material for the construction of said courthouse, employ skilled and common labor and to purchase equipment and office supplies to furnish said courthouse.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 421, &sect; 9.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19770. Board of county commissioners Powers and duties to be additional.&nbsp;</span></p> <p><span class="cls0">The powers and duties herein conferred on the board of county commissioners shall be in addition to the powers and duties now provided by law and the remedies herein provided are hereby declared to be cumulative.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1933, c. 191, p. 422, &sect; 10.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-771. Repealed by Laws 1999, c. 359, &sect; 8, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;19-772. Repealed by Laws 1968, c. 412, &sect; 20, eff. May 17, 1968.&nbsp;</span></p> <p><span class="cls0">&sect;19-773. Repealed by Laws 1968, c. 138, &sect; 9.&nbsp;</span></p> <p><span class="cls0">&sect;19-774. Repealed by Laws 1999, c. 359, &sect; 8, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;19-775. Repealed by Laws 1999, c. 359, &sect; 8, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;19-776. Repealed by Laws 1999, c. 359, &sect; 8, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;19-777. Repealed by Laws 1999, c. 359, &sect; 8, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;19-778. Repealed by Laws 1999, c. 359, &sect; 8, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;19781. Bonds authorized.&nbsp;</span></p> <p><span class="cls0">All counties in the State of Oklahoma are hereby authorized to issue bonds for the purpose of purchasing sites, erecting and constructing county hospitals, including alterations, additions to, and enlargements of existing hospital buildings in such county, such bonds to be issued as hereinafter provided.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 386, &sect; 1. Amended by Laws 1941, p. 66, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19782. Resolution of necessity Petition Notice of election.&nbsp;</span></p> <p><span class="cls0">Upon the adoption by the county commissioners of a resolution declaring the necessity therefor, or whenever twenty percent (20%) of the qualified voters of any county of this state, as determined by the last previous general election, shall petition the board of county commissioners of such county to call an election for the purpose of issuing bonds to purchase sites, erect and construct county hospitals, including alterations, additions to and enlargement of existing hospital buildings, it shall be the duty of said county commissioners to call an election and give notice thereof in two (2) daily or weekly newspapers of general circulation published at the county seat of the county; provided, that if there be one daily or weekly newspaper published in such county, in that event one shall be sufficient, and such notices shall be published for four (4) consecutive weeks. If there is no daily or weekly newspaper published in such county, then printed notices shall be posted in one of the most public places in each voting precinct of the county at least thirty (30) days prior to said election. Said petition calling for said election shall name the amount of bonds to be issued and shall state the time of holding said election, which shall not be less than thirty (30) days from the first publication of any notice or the posting of said notice, and shall state for what purposes the hospital is to be used.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 386, &sect; 2. Amended by Laws 1925, c. 79, p. 127, &sect; 1; Laws 1941, p. 66, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19783. Holding of election Ballots.&nbsp;</span></p> <p><span class="cls0">Said election shall be held at the time designated in said notice, at which printed ballots shall be cast, on which shall be printed "For Bonds" and "Against Bonds."&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 387, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19784. Issuance and sale of selfliquidating or general obligation bonds.&nbsp;</span></p> <p><span class="cls0">If at said election threefifths of the voters voting thereon shall vote in favor of the issuance of hospital selfliquidating revenue and/or general obligation bonds, the board of county commissioners shall proceed at once to the issuing of same and shall deposit the bonds in the treasury of the county, the treasurer being responsible and chargeable therefor on his official bond. The board of county commissioners shall proceed to sell said bonds and deposit the proceeds from the sale thereof in the treasury of said county which money shall be paid out by the treasurer upon the orders of the board of county commissioners from time to time as the same shall be needed; provided, however, that said bonds shall not be sold for less than par value thereof and accrued interest thereon.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 387, &sect; 4. Amended by Laws 1925, c. 79, p. 127, &sect; 2; Laws 1970, c. 286, &sect; 1, emerg. eff. April 27, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19785. Issuance of bonds Interest.&nbsp;</span></p> <p><span class="cls0">Bonds issued as herein provided shall be made payable and be issued as provided by law, bearing interest at a rate not to exceed the maximum rate provided by Section 498.1 of Title 62 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 387, &sect; 5. Amended by Laws 1925, c. 79, p. 127, &sect; 3; Laws 1970, c. 286, &sect; 2, emerg. eff. April 27, 1970; Laws 1983, c. 170, &sect; 31, eff. July 1, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19786. Tax levy Annual report Estimate of needs Issuance of revenue bonds.&nbsp;</span></p> <p><span class="cls0">As to general obligation bonds, it shall be the duty of the officers charged by law with the levying of taxes for county purposes to levy annually an amount sufficient to pay the interest due each year on the bonds issued hereunder and at the proper time, and in addition thereto, to levy an amount sufficient to pay part of the principal as the same becomes due.&nbsp;</span></p> <p><span class="cls0">The board of control shall, at the written request of the board of county commissioners before the end of each fiscal year, file with the board of county commissioners a report of their proceedings with reference to such hospital, and shall also file a financial statement and estimate of needs, and shall at the proper time certify the amount necessary to maintain and improve said hospital for the ensuing year.&nbsp;</span></p> <p><span class="cls0">The excise board of any county in this state which operates a county hospital shall make an annual levy of not less than onefourth of one mill on all the taxable property of the county, the proceeds of which shall be credited by the county treasurer to the county hospital fund, the purpose of this levy being to supply funds for the care of the county charity patients, and shall levy annually an amount sufficient to maintain such county hospital.&nbsp;</span></p> <p><span class="cls0">Provided, that in considering and fixing appropriations the excise board shall take into account as an item of income from sources other than ad valorem tax the gross operating receipts of the hospital for the previous fiscal year.&nbsp;</span></p> <p><span class="cls0">As to selfliquidating revenue bonds, any county may, by its board of county commissioners, issue negotiable revenue bonds of the county, for the purpose of constructing a county hospital, or making alterations or additions to a county hospital. Such revenue bonds shall be issued in the same manner as revenue bonds issued by an independent school district to construct recreational facilities under the provisions of Title 70 of the Oklahoma Statutes, Sections 821.1 through 821.9, inclusive. The bonds shall be secured by a pledge of and shall be payable from the net revenues of the county hospital. Provided, that the hospital shall be operated in the same manner as a county hospital constructed from the proceeds of general obligation bonds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 387, &sect; 6. Amended by Laws 1925, c. 79, p. 128, &sect; 4; Laws 1939, p. 220, &sect; 1; Laws 1951, p. 45, &sect; 1; Laws 1953, p. 505, &sect; 1; Laws 1970, c. 286, &sect; 3, emerg. eff. April 27, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19787. Site and building.&nbsp;</span></p> <p><span class="cls0">Out of the proceeds of said bonds the county commissioners shall proceed to purchase a suitable site for the erection of such county hospital and to erect said building on said site, or to alter, add to, or enlarge existing hospital buildings in accordance with the plans and specifications to be prepared by an experienced architect and submitted to said board of county commissioners, which plans and specifications shall have been approved by the board of control hereinafter created. Said board of control shall be responsible for selecting an experienced licensed architect.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 387, &sect; 7. Amended by Laws 1925, c. 79, p. 128, &sect; 5; Laws 1941, p. 66, &sect; 3; Laws 1970, c. 286, &sect; 4, emerg. eff. April 27, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-788. Contracts - Bids - Notice - Preference - Uncompleted contracts - Payment of personal property taxes.&nbsp;</span></p> <p><span class="cls0">(a) All contracts for county hospital construction work, alteration, additions, or repairs exceeding Five Thousand Dollars ($5,000.00) in any calendar year, shall be let to the lowest responsible bidder or bidders after notice of publication in a newspaper of general circulation published in the county where the work is to be done in two consecutive weekly issues of the newspaper. Each bid shall be accompanied by a certified or cashier's check equal to five percent (5%) of the bid or Ten Thousand Dollars ($10,000.00), whichever is the smaller, which shall be deposited with the board of control as a guaranty, and forfeited to the county treasurer to the credit of the county hospital fund in the event the successful bidder fails to comply with the terms of the proposal, and returned to the successful bidder on execution and delivery of the bond herein provided for, and the checks of the unsuccessful bidders shall be returned to them in accordance with the terms of the proposal.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;(b) All notices of the letting of contracts under this section shall state the time and place bids will be received and opened. Such bids shall be sealed and opened only at the time and place mentioned in the notice and in the presence of a majority of the members of the board of control. The successful bidder for the construction of the work shall enter into a contract on a form furnished and prescribed by the board of control and shall give good and sufficient performance bond in a sum equal to the contract price, to the county, with sureties approved by the board of control, to insure the proper and prompt completion of the work in accordance with the provisions of the contract and the plans and specifications; bonds shall also be posted to protect against unpaid claims of subcontractors, laborers, and suppliers. Provided, that if in the opinion of a majority of the board of control, the lowest responsible bid or bids for the construction herein authorized to be constructed shall be excessive, then and in that event the board of control shall have the right to reject any or all bids and to readvertise the same for additional bids. The board of control within its discretion and where it is in the best interests of hospital construction, may extend a contract not to exceed ten percent (10%) of the length and extent of the original project, such extension work to be paid for at a price not greater than the contract unit basis. No work shall be initiated until the contractor furnishes the board with certificates of insurance for workmen's compensation, public liability and builders' risk.&nbsp;</span></p> <p><span class="cls0">(c) When quality and prices are equal preference shall be given materials produced within the State of Oklahoma, and preference shall also be given construction contractors domiciled, having and maintaining offices in and being citizen taxpayers of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">(d) When any contract for the construction or improvement of a county hospital has not been carried out, or work thereunder has been suspended by virtue of an order or directive of any officer or agency of the federal or state government, issued under authority vested in or delegated to such officer or agency, or if the contractor defaults, the board shall proceed against the contractor and/or his bonds, if he has caused the postponement or cancellation of the contract, and the board shall then have the right to advertise in the manner provided for hereinabove to relet the contract for the uncompleted portion.&nbsp;</span></p> <p><span class="cls0">(e) Five percent (5%) of the total amount of money due under contract with the board of control for county hospital construction work shall be retained by the board until the contractor to whom payment is due files with the board a certified copy of a personal tax receipt, showing payment of personal property taxes due on the contractor's equipment and supplies, from the county treasurer of the county wherein the property is assessed, or is required to be assessed, and evidence of having proper workmen's compensation coverage for employees as provided by Title 85 of the Oklahoma Statutes, Section 61.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 388, &sect; 9. Amended by Laws 1939, p. 221, &sect; 2; Laws 1963, c. 72, &sect; 1; Laws 1970, c. 286, &sect; 5, emerg. eff. April 27, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-789. Board of control - Lease to public trust or other authorized organization.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of the board of county commissioners to place the management and control of a county hospital either under a board of control composed of five, seven, or nine members, or to lease the hospital and the equipment therein to a public trust or to an organization authorized to transact business in this state, the principal purpose of which is providing health care services and which can demonstrate to the board of county commissioners its financial and managerial ability to operate property owned by the hospital or a portion of the hospital.&nbsp;</span></p> <p><span class="cls0">B. Unless the hospital is to be leased as provided in this section, the board of county commissioners shall appoint the members of the board of control who shall be residents of the county, not more than three of whom may be residents of the city or town in which the hospital is located. Members of the board of control shall hold office, as follows: Fivemember board one for one (1) year; two for two (2) years; and two for three (3) years. Sevenmember board two for one (1) year; two for two (2) years; and three for three (3) years. Ninemember board three for one (1) year; three for two (2) years; and three for three (3) years. The board of county commissioners shall appoint successors for members of the board of control whose terms have expired. Successors shall serve for a term of four (4) years; provided, the board of county commissioners may at their discretion call an election for the purpose of electing such successors with the cost of the election to be paid for by the county. Filings for election shall be made with the county election board which shall conduct the election. No member of the board of control shall hold any state, county or city elective office while serving on the board of control. Members of the board of control shall receive no salary or compensation for their services, but may be reimbursed for any actual and necessary expenditures incurred in the performance of their duties upon presentation of an itemized statement of such expenses duly verified, filed with the secretary, if every attending member of the board votes in the affirmative at any regular board meeting. Vacancies in the board of control occasioned by removal, resignation, or otherwise shall be filled in like manner as original appointments, to hold office during the unexpired term for which the member was appointed.&nbsp;</span></p> <p><span class="cls0">C. 1. If, by a two-thirds (2/3) vote, the board of county commissioners determines that it is in the best interest of the county, it may in lieu of operation of the hospital through a board of control, lease the hospital and the equipment therein to an organization authorized to transact business in this state, the principal purpose of which is providing health care services, and which can demonstrate to the board of county commissioners its financial and managerial ability to operate the hospital.&nbsp;</span></p> <p><span class="cls0">2. The lease shall require that the lessee shall be responsible for all costs of operation and maintenance of the hospital in its entirety.&nbsp;</span></p> <p><span class="cls0">3. The lessee is specifically authorized to mortgage, with appropriate remedies, including the right of foreclosure, its leasehold interest in the real and personal property comprising or owned by the hospital, any portion of the hospital, or the equipment for the purpose of securing or refunding indebtedness incurred in connection with the related hospital or equipment.&nbsp;</span></p> <p><span class="cls0">4.&nbsp;&nbsp;a.&nbsp;&nbsp;If the lessee is a public trust, the lessee, by a two-thirds (2/3) vote of its board of trustees and with the approval of the board of county commissioners by a two-thirds (2/3) vote, may assign its leasehold interest or sublease the real and personal property comprising or owned by the hospital, a portion of the hospital, or the equipment to an organization authorized to transact business in this state, the principal purpose of which is providing health care services, and which can demonstrate to the board of trustees and to the board of county commissioners its financial and managerial ability to operate property owned by the hospital or a portion of the hospital.&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;If the lessee is other than a public trust, the lessee, by a two-thirds (2/3) vote of the lessee&rsquo;s governing board and with the approval of the board of county commissioners by a two-thirds (2/3) vote, may assign its leasehold interest or sublease the real and personal property comprising or owned by the hospital, a portion of the hospital, or the equipment to a public trust or to an organization authorized to transact business in this state, the principal purpose of which is providing health care services and which can demonstrate to the board of county commissioners its financial and managerial ability to operate property owned by the hospital or a portion of the hospital.&nbsp;</span></p> <p><span class="cls0">D. Any lease, sublease, or assignment of leasehold interests executed prior to the effective date of this act that meets the requirements of this section is hereby declared to be valid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 388, &sect; 9, emerg. eff. March 25, 1919. Amended by Laws 1939, p. 221, &sect; 2, eff. July 1, 1939; Laws 1963, c. 72, &sect; 1, emerg. eff. May 21, 1963; Laws 1970, c. 286, &sect; 6, emerg. eff. April 27, 1970; Laws 1982, c. 167, &sect; 1, emerg. eff. April 12, 1982; Laws 1999, c. 7, &sect; 1, eff. July 1, 1999; Laws 2005, c. 60, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-790. Repealed by Laws 1963, c. 72, &sect; 6, eff. May 21, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19790.1. Oath Organization and meetings Power and duties Funds established Facsimile signature machine.&nbsp;</span></p> <p><span class="cls0">(a) Upon the appointment of a board of control to manage a county hospital, the members of the board of control shall within ten (10) days after their appointment qualify by taking an oath in the form required of county officers, organizing the board of control by the election of one as chairman, one as vicechairman, one as secretary, and one as treasurer, however, the secretary and treasurer may be the same person, and electing or appointing such other officer or officers as they may deem necessary, but only the treasurer shall be bonded. The proportional share of the county blanket bond premium for such person shall be paid out of the county hospital fund. Every one (1) year thereafter, at the first meeting of the board of control following the appointment or reappointment of board members, a reorganization meeting shall be held and officers selected as hereinbefore stated. Such board of control shall hold meetings at least once each month, shall keep a complete record of all its proceedings, and a majority of said board shall constitute a quorum for the transaction of business. The district attorney, or his assistant, shall serve as attorney for the board of control without additional compensation, however, the board may employ other counsel and pay for such service from the general funds of such hospital, provided a majority of the board shall determine such employment to be in the best interest of the hospital. No member of the board of control shall have a personal pecuniary interest either directly or indirectly in any purchases or contracts for said hospital unless the same are purchased or awarded by competitive bids.&nbsp;</span></p> <p><span class="cls0">(b) The board of control shall in management of a county hospital:&nbsp;</span></p> <p><span class="cls0">1. Have exclusive control, supervision, care and custody of the grounds, property, and buildings purchased, constructed, leased, or set apart for such hospital purposes.&nbsp;</span></p> <p><span class="cls0">2. Employ a competent administrator as the executive officer of the hospital and fix his compensation. He shall be covered by the county blanket bond and the proportional share of the premium shall be paid out of the county hospital fund.&nbsp;</span></p> <p><span class="cls0">3. Establish the fiscal year of the hospital and, not later than ninety (90) days after close of the fiscal year, file with the county clerk of said county a report of the proceedings with reference to such hospital and a statement of all receipts and expenditures during the preceding fiscal year, and shall adopt a budget, such budget to show the amount necessary to maintain and improve said hospital for the ensuing fiscal year. A complete audit to be required at the end of each fiscal year is to be performed by a licensed accountant.&nbsp;</span></p> <p><span class="cls0">4. Cause not less than one of its members to visit and inspect said hospital at least once each month. It shall be the duty of the board of control to admit, upon recommendation of a physician, without expense to the patient, all county charity patients certified to be such by said board of control, in need of medical or surgical treatment; and all other patients admitted to said hospital for treatment shall be charged a just and reasonable price for their medical and surgical treatment while in the custody of said hospital.&nbsp;</span></p> <p><span class="cls0">5. Adopt a policy of admission of patients for said county hospital.&nbsp;</span></p> <p><span class="cls0">6. Have authority to authorize said hospital to be a member of and maintain membership in any local, state, or national group association organized and operated for the promotion of the public health and welfare or the advancement of the efficiency of hospital administration and in connection therewith to pay dues and fees therefor from the county hospital fund.&nbsp;</span></p> <p><span class="cls0">7. Have authority to establish or participate in health related educational programs.&nbsp;</span></p> <p><span class="cls0">8. Have authority to procure and pay out of the county hospital fund premiums on any and all insurance policies required for the prudent management of the hospital, including but not limited to public liability, professional malpractice liability, workmen's compensation, vehicle liability, life, health and accident plans, and to make contributions to the Public Employees' Retirement System of the state. Said insurance may include as additional insureds the board of control and employees of the hospital.&nbsp;</span></p> <p><span class="cls0">9. Determine when there is a surplus in any of the funds of the hospital and if so determined may invest such surplus in United States Government Bonds or insured securities or in insured time deposits until such time as in the judgment of the board of control it is deemed advisable to use such funds for hospital purposes, including but not limited to the purchase of equipment, repair, remodeling, or new construction of hospital property.&nbsp;</span></p> <p><span class="cls0">10. Either as a board or through the administrator, use reasonable diligence and efforts to make collections of accounts for hospital services rendered.&nbsp;</span></p> <p><span class="cls0">11. Have authority to adopt such bylaws, rules and regulations as they deem desirable for their own guidance and the administration of the hospital, not inconsistent with the law.&nbsp;</span></p> <p><span class="cls0">12. Do all things necessary for the management, control, and government of said hospital and exercise all the rights and duties pertaining to hospital boards generally, unless such rights are specifically denied or prohibited by law.&nbsp;</span></p> <p><span class="cls0">(c) In the operation of a county hospital by the board of control the following funds shall be established in connection with a county hospital:&nbsp;</span></p> <p><span class="cls0">1. The proceeds from the sale of bonds as provided in Section 784 of this title, shall be deposited in a fund known as the "county hospital bond fund" in the treasury of the county, which shall be paid out by the county treasurer upon the orders of the board of county commissioners from time to time as the same is needed.&nbsp;</span></p> <p><span class="cls0">2. The proceeds from the tax levy provided by Section 786 of this title, and funds received by the hospital for services or otherwise not specifically designated to a special fund by the board of control shall be deposited in the treasury of the county in the "county hospital fund". Current receipts by the hospital, including tuition fees of any school operated by the hospital, shall be deposited in said fund at least every week. Such money in the "county hospital fund" shall be paid out only upon itemized and acknowledged claims duly approved by the board of control or in the procedure prescribed by said board by warrants drawn by the administrator or such other person as may be designated by the board of control, which warrants must be authenticated by the treasurer of the board of control or a duly qualified officer of the board of control. If a county hospital shall operate a home for nurses, then the current receipts of said home for nurses shall be deposited with the county treasurer in the Home for Nurses Fund.&nbsp;</span></p> <p><span class="cls0">(d) The board of control may by resolution establish such other funds as it deems advisable for the efficient and proper management of the hospital, which may or may not be in the county treasury, and prescribe the procedure for the handling, expending, and withdrawal of such funds. All checks to be signed by the administrator or his assistant and one member of the board of control.&nbsp;</span></p> <p><span class="cls0">1. If a majority of the board of control shall vote in favor of the establishment of a refund account, then the board shall designate a bank, and set up an account. Thereafter, when it becomes necessary to refund monies to a patient for the overpayment of an account, a check shall be drawn on said refund account, and after said check has been signed by the administrator or his designee and one member of the board of control, the same shall be delivered to said patient. The account may be replenished as deemed necessary.&nbsp;</span></p> <p><span class="cls0">After the establishment of said account, the administrator shall certify the list of actual refunds which have been made to patients during the interim since last approval. Upon acceptance by the board of control, the certified list of refunds shall be used to support the preparation of a warrant to be drawn on the county treasurer and charged to county hospital fund for the replenishment of said refund account.&nbsp;</span></p> <p><span class="cls0">2. If a majority of the board of control shall vote in favor of the establishment of a salary account, the board shall then designate a bank covered by F.D.I.C., set up an account, and deposit a warrant drawn upon the "county hospital fund", not to exceed One Thousand Dollars ($1,000.00) in amount, to open the account, and the necessary resolutions requisite to the establishment of an account shall be performed. Thereafter, as soon as the complete payroll has been prepared, a warrant shall be drawn upon the "county hospital fund" for the amount of the payroll and deposited in the salary fund of _______ Hospital. The individual payroll checks shall be signed by the administrator or his designee and one member of the board of control.&nbsp;</span></p> <p><span class="cls0">3. If a majority of the board of control shall vote in favor of the establishment of a nursing home operating account, then a bank account shall be opened in a bank designated as a state or county depository.&nbsp;</span></p> <p><span class="cls0">Thereafter the board of control shall draw a warrant on the county treasurer to be charged to the nursing home fund, said warrant to be in the exact amount of a certified list of current obligations of said nursing home. Said list shall be drawn by the administrator and certified by him to the board of control and shall contain the details of all expenditures to be made for the nursing home for the previous months' operations including salaries.&nbsp;</span></p> <p><span class="cls0">The proceeds of said warrant shall then be deposited in the nursing home operating account in the bank above designated. Thereafter the administrator shall prepare individual checks in payment of the list of current obligations. Provided, however, that said checks shall be signed by the administrator and by one member of the board of control.&nbsp;</span></p> <p><span class="cls0">4. If a majority of the board of control shall vote in favor of the establishment of a petty cash account, then a warrant shall be drawn on the county treasurer in an amount not to exceed the sum of One Hundred Dollars ($100.00). The warrant shall be charged by the county treasurer to the hospital fund. The proceeds of said warrant shall be used for the payment of small bills for freight, postage due, minor expenses, et cetera, all of a minor amount; and the hospital shall secure proper receipts for the disbursement of said proceeds.&nbsp;</span></p> <p><span class="cls0">Thereafter, the administrator shall certify the list of petty expenditures, and, after approval by the board of control, a warrant shall be drawn on the county treasurer, county hospital fund, for the replenishment of said petty cash account.&nbsp;</span></p> <p><span class="cls0">Likewise, and in the same manner, a petty cash account may be established in any nursing home or related institution of the same if operated by the hospital.&nbsp;</span></p> <p><span class="cls0">5. If a majority of the board of control shall vote in favor of the use of a facsimile signature machine in signing checks upon the "county hospital fund" or any other fund, a machine shall be utilized to imprint the facsimile signature of the administrator and the treasurer of the board of control upon said checks. Proper procedures must be implemented to control the use of the signature machine; such controls to be established by the board of control. Any person having a key to operate the machine shall be bonded by the county blanket bond and the company furnishing the machine shall furnish a surety bond in an amount not less than Ten Thousand Dollars ($10,000.00) to protect and indemnify against bogus or forged checks or warrants from being issued from the machine.&nbsp;</span></p> <p><span class="cls0">(e) Any unencumbered balances in any of the funds of the county hospital at the close of the fiscal year shall not lapse, but shall be carried forward to the next fiscal year.&nbsp;</span></p> <p><span class="cls0">(f) The provisions of the Oklahoma Statutes relative to counties or funds of counties, except Sections 781 et seq. of this title shall not be applicable to county hospitals.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1963, c. 72, &sect; 4. Amended by Laws 1965, c. 287, &sect; 1; Laws 1970, c. 286, &sect; 7, emerg. eff. April 27, 1970; Laws 1975, c. 191, &sect; 1, emerg. eff. May 23, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19790a. Application of act.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall not apply in cases where the board of county commissioners of any county in this state are now operating a hospital in connection with the Oklahoma home of the county under the Poor and Indigent Statutes of this state out of county general fund revenues.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1939, p. 222, &sect; 4.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-791. Repealed by Laws 1939, p. 222, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;19792. Medical staff Admissions Rules and regulations.&nbsp;</span></p> <p><span class="cls0">If a county hospital is operated by a board of control, it shall be the duty of said board of control to appoint annually at the first meeting in January none other than good, competent, trained, and skilled physicians and surgeons to the medical staff of the hospital, after acceptance by the executive committee of the medical staff. Admission of patients to the hospital shall be only upon recommendation of a member of the medical staff. The medical staff shall organize and adopt rules, regulations, or bylaws for their practice in such county hospital, however, rules, regulations, or bylaws shall not become effective until approved by the board of control and when so approved they shall be signed by each member of the medical staff.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 388, &sect; 12. Amended by Laws 1963, c. 72, &sect; 2, emerg. eff. May 21, 1963.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19793. Purchase of building Gifts.&nbsp;</span></p> <p><span class="cls0">The county commissioners may proceed under the provisions of this act to purchase any building or property already erected, which is suitable for hospital purposes. The county commissioners may also accept property by gift, devise, bequest, or otherwise for the use of such hospital.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1919, c. 273, p. 389, &sect; 13. Amended by Laws 1963, c. 72, &sect; 3, emerg. eff. May 21, 1963.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19794. Audit of financial books and records.&nbsp;</span></p> <p><span class="cls0">The financial books and records of each countyowned hospital operating under authority of existing law must be audited for the preceding fiscal year, within ninety (90) days of the close of each year, by an independent accountant who is vested with the authority to practice the profession of accounting and auditing as a public accountant in conformity with the laws of the State of Oklahoma. The public accountant performing such a hospital audit must investigate and report upon the manner in which the county hospital is complying with the statutes pertaining to the financial operation of said hospital and upon the manner in which the county hospital is conforming to the books, forms, and accounting methods adopted and approved by the American Hospital Association and the Oklahoma Hospital Association. Four (4) copies of the audit report for each fiscal year must be filed within one hundred twenty (120) days after the end of the fiscal year, one with the board of county commissioners, one in the office of the county clerk, one with the district attorney, and one with the State Auditor and Inspector, and publication of the existence and location of these audit reports shall be made by publication in a newspaper for two (2) issues in general circulation in the county. The cost of such audits shall be determined by the board of control of such countyowned hospitals by reference to generally accepted practices in the field of certified public accounting, and the payment for such audits shall be made by the allowance of claims by the board of control. In addition to, or in lieu of, the above provided annual audit, it shall be possible upon request of the county commissioners of any county, or upon request of the Governor, signed by five percent (5%) of the legal voters of any county, or by order of the Governor, to cause the State Auditor and Inspector to audit, for the preceding fiscal year, the books and records of the countyowned hospital operating under authority of existing law, and the cost of such audit shall be a proper charge against funds otherwise provided for by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 221, &sect; 1, emerg. eff. Aug. 7, 1961. Amended by Laws 1967, c. 290, &sect; 1; Laws 1970, c. 286, &sect; 8, emerg. eff. April 27, 1970; Laws 1979, c. 30, &sect; 83, emerg. eff. April 6, 1979.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19795. Penalties.&nbsp;</span></p> <p><span class="cls0">Any person violating any provision of this act shall be removed from any office that he holds in connection with such county hospital by a court of competent jurisdiction and, in addition thereto, shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 221, &sect; 2, emerg. eff. Aug. 7, 1961.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19796. Financial assistance programs.&nbsp;</span></p> <p><span class="cls0">The board of control is authorized to participate in any governmental assistance programs such as grants, loans or other financial assistance programs as may become available.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 286, &sect; 9, emerg. eff. April 27, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-811. Repealed by Laws 1968, c. 138, &sect; 7, eff. Jan. 13, 1969.&nbsp;</span></p> <p><span class="cls0">&sect;19-812. Renumbered as &sect; 1201 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-813. Renumbered as &sect; 1202 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-814. Renumbered as &sect; 1203 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-815. Renumbered as &sect; 1204 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-816. Renumbered as &sect; 1205 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-817. Renumbered as &sect; 1206 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-818. Renumbered as &sect; 1207 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-819. Renumbered as &sect; 1208 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-820. Renumbered as &sect; 1209 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-821. Renumbered as &sect; 1210 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-822. Renumbered as &sect; 1211 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-823. Renumbered as &sect; 1212 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-824. Renumbered as &sect; 1213 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-825. Renumbered as &sect; 1214 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-826. Renumbered as &sect; 1215 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-827. Renumbered as &sect; 1216 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-828. Renumbered as &sect; 1217 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-829. Renumbered as &sect; 1218 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-830. Renumbered as &sect; 1219 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-831. Renumbered as &sect; 1220 of Title 20 by Laws 1968, c. 138, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19-841. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-842. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-843. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-844. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-845. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-846. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-847. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-848. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-849. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-850. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-851. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-852. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-853. Repealed by Laws 1949, p. 180, &sect; 22.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.1. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.2. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.3. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.4. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.5. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.6. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.7. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.8. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-854.9. Repealed by Laws 1977, c. 256, &sect; 1-106, eff. July 1, 1978.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.1. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.2. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.3. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.4. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.5. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.6. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.7. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.8. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.9. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.10. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.11. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.12. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.13. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.14. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.15. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.16. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.17. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.18. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.19. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.20. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.21. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.22. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.23. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-861.24. Repealed by Laws 1953, p. 539, &sect; 32 and Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.1. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.2. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.3. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.4. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.5. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.6. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.7. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.8. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.9. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.10. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.11. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.12. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.13. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.14. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.15. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.16. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.17. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.18. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.19. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.20. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.21. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.22. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.23. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.24. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.25. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.26. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.27. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.28. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.29. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.30. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19-862.31. Repealed by Laws 1955, p. 181, &sect; 42.&nbsp;</span></p> <p><span class="cls0">&sect;19863.1. City and county planning and zoning Cooperative planning commission Board of adjustment.&nbsp;</span></p> <p><span class="cls0">For the purpose of cooperating with the State of Oklahoma in conserving the natural resources of the state, and in promoting the health, safety, peace, morals and general welfare of the people of the state, there may be provided in all applicable counties of the state, city and county planning and zoning, in the manner herein provided, and for that purpose there are hereby created in each of such applicable counties a citycounty cooperative planning commission and a county board of adjustment with the respective powers and duties as set out in this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 164, &sect; 1, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.2. Counties and cities to which applicable Metropolitan area planning commission Contributions.&nbsp;</span></p> <p><span class="cls0">Any county of the state having within its boundaries more than fifty percent (50%) of the incorporated area of a city having not less than one hundred eighty thousand (180,000) population, according to the last preceding Federal Decennial Census, or any future Federal Decennial Census, is hereby authorized to avail itself of the provisions of this act and to form a cooperative planning commission with such city and may combine its funds with the funds of such city, to be expended for the purposes as herein set forth. The board of county commissioners of any such county in this state may and they are hereby authorized to cooperate with the council of any such city as herein provided, and the funds herein referred to and named may be used in such work. Each county and city forming a cooperative citycounty planning commission, as herein provided, shall, by resolution, at the beginning of the fiscal year, or so soon thereafter as may be practicable, agree upon contribution in equal amounts, appropriate funds for the amounts necessary, and combine said funds. The board and council shall contribute the funds appropriated to a common fund periodically as may be agreed upon by the board and council, upon a claim being filed by the commission with the respective board and council. The contribution shall be made by warrant drawn by the appropriate officer, after approval of the claim, payable to the city treasurer or the county treasurer as may be agreed upon by the board and council. Said common fund shall be maintained by either the city treasurer or the county treasurer as may be agreed upon and shall be disbursed upon vouchers drawn by such officer as may be agreed upon by the board and council. Said vouchers shall be registered with the city treasurer or county treasurer, as the case may be, before delivery to the payee and shall be issued only in payment of claims which have been executed in the manner prescribed by law for claims against the county or the city and after such claims have been approved by the board and council. The officer designated by the board and council to draw vouchers for payment of such claims shall be bonded in an amount as may be required by the board and council but not less than Twenty Thousand Dollars ($20,000.00). The designated officer shall be governed by the same statutory provisions for depository accounts as apply to county officials. Nothing contained herein shall be construed as exempting the contributions of the city and county to this common fund from the application of the general statutes relating to appropriations. The citycounty cooperative planning commission shall be designated "metropolitan area planning commission". Such city is hereby empowered to adopt, amend, extend, add to, or carry out a city plan for such city. Such county is hereby empowered to adopt, amend, extend, add to, or carry out a county plan within the unincorporated area of such county, all as provided in this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 164, &sect; 2, emerg. eff. June 3, 1955. Amended by Laws 1957, p. 140, &sect; 1; Laws 1959, p. 105, &sect; 1; Laws 1963, c. 179, &sect; 1, emerg. eff. June 10, 1963; Laws 1980, c. 54, &sect; 1, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.3. Discontinuance of existing commission Establishment of new commission Procedure.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any such county desiring to avail itself of the provisions of this act, shall at any time, discontinue any existing county planning commission and remove the entire membership thereof and set up a metropolitan area planning commission in the following manner:&nbsp;</span></p> <p><span class="cls0">(a) By resolution of the board of county commissioners, entered in the commissioners' journal of proceedings, setting forth its intention to avail itself of the provisions of this act and to enter into an agreement with the municipality for the organization of the metropolitan area planning commission herein provided for and upon such terms and conditions as may be agreed upon.&nbsp;</span></p> <p><span class="cls0">(b) Such resolution shall not become effective until such agreement has been entered into and until the municipality has by proper ordinance provided for the dissolution and discontinuance of its city planning commission.&nbsp;</span></p> <p><span class="cls0">(c) After such agreement has been entered into a copy thereof, together with a copy of said resolution, shall be served upon the county planning commission by delivering same to the chairman of the respective commissions, whereupon the terms of office of the members of such county and city planning commissions shall expire and the tenure of their respective director and technical staff shall cease.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 165, &sect; 3, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.4. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purpose of this act, certain terms are defined as provided in this section. Whenever appropriate, the singular includes the plural and the plural includes the singular. "Municipality" or "municipal" shall mean or relate only to incorporated cities and towns. "Mayor" means the chief executive of the municipality, whether the official designation of his office be mayor, city manager or otherwise. "Council" means the legislative body of the municipality. The term "streets" includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, highways and other ways. "Subdivision" and "zoning" are defined as hereinafter provided. "Board" shall mean the board of county commissioners. "Commission" shall mean the metropolitan area planning commission. "Area" shall mean all territory included within the jurisdiction of the commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 165, &sect; 4, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-863.5. Commission membership - Appointment and tenure - Compensation - Vacancies&mdash;Removal.&nbsp;</span></p> <p><span class="cls0">The Metropolitan Area Planning Commission shall consist of eleven (11) members, selected as follows: six shall be appointed by the mayor and approved by the city council and three shall be appointed by the board. The mayor of the municipality or a person designated by the mayor as an alternate and the chair of the board or a person designated by the chair of the board as an alternate shall be ex officio members of the Commission and shall be entitled to vote on all matters. Members selected by the mayor other than the alternate of the mayor shall serve for terms of three (3) years, except that the respective terms of the first two members appointed shall be one (1) year, the next two members appointed two (2) years, and the next two members three (3) years. Members selected by the chair of the board other than the alternate of the chair, shall serve for terms of three (3) years, except that the respective term of the members first appointed shall be one, two, and three years. All members of the Commission shall serve as such without compensation, except the commissioners may receive a per diem as set by the local board and council not to exceed Twenty-five Dollars ($25.00) for each meeting attended not to exceed One Hundred Dollars ($100.00) per month, and the appointed members other than the alternates shall hold no other municipal or county office. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the official appointing the original holder of said membership.&nbsp;</span></p> <p><span class="cls0">A member of such Commission, other than an alternate, once qualified, can thereafter be removed during his or her term of office only for cause and after a hearing held before the governing body by which he or she was appointed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 165, &sect; 5, emerg. eff. June 3, 1955. Amended by Laws 1963, c. 179, &sect; 2, emerg. eff. June 10, 1963; Laws 1977, c. 157, &sect; 1, eff. Oct. 1, 1977; Laws 1990, c. 215, &sect; 5, emerg. eff. May 18, 1990; Laws 1992, c. 47, &sect; 1, emerg. eff. April 8, 1992; Laws 2009, c. 267, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.6. Chairman Meetings Rules Employees Fees Financial assistance.&nbsp;</span></p> <p><span class="cls0">The commission shall elect its chairman from its appointed members and fill such other offices as it may determine. The term of the chairman shall be one (1) year. The commission shall hold at least one (1) meeting each month and all meetings shall be open to the public. It shall adopt rules for the transaction of business and keep a record of its functions and activities, which record shall be a public record. The commission may appoint such employees as it may deem necessary and may establish a schedule of fees to cover the various services rendered and may also contract with other persons and agencies for such services as it may require, including private legal counsel and private auditing service, within the limits of its appropriations and may incur necessary expenses, all subject to the approval of the appropriate governing bodies. The commission may contract for, receive, and utilize any grants, or other financial assistance, from the United States or from any other source, public or private, in furtherance of its functions, and may incur necessary expenses in obtaining said grants, and/or financial assistance, within the limits of its appropriations; and shall receive and disburse such grants and/or other financial assistance in such manner as may be agreed upon by the board and council. The commission may to the extent authorized by the charter or ordinances of any city or town in the county, act as the planning commission for such city or town or lend planning assistance under such mutual arrangement for the sharing of expenses as may be agreed upon.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 166, &sect; 6, emerg. eff. June 3, 1955. Amended by Laws 1957, p. 141, &sect; 2.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.7. Master plan Public hearing.&nbsp;</span></p> <p><span class="cls0">The commission shall make, adopt, and may publish a master plan of the municipality, and of the unincorporated area of the county, for the purpose of bringing about a coordinated physical development in accordance with the present and future needs of such area. The master plan shall be developed so as to conserve the natural resources of the area, to insure efficient expenditure of public funds, and to promote the health, safety, convenience, prosperity, and general welfare of the people of the area and the state. Such master plan may include, among other things, studies and recommendations relative to the location, character, and the extent of highways, railroads, bus, streetcar and other transportation routes, bridges, public buildings, schools, parks, parkways, airports, forests, wildlife refuges, dams and projects affecting the conservation of natural resources, and studies and recommendations for an annual budget and longrange financial program for public improvements. The commission may also perform in the area any additional urban planning which is needed, including but not limited to surveys, land use studies, urban renewal plans, technical services, and other planning work. The commission may adopt the master plan in whole or part, and subsequently amend or extend the adopted plan or portions thereof. Before the adoption, amendment, or extension of the plan or portions thereof, the commission shall hold at least one public hearing thereon. Such hearing may be adjourned from time to time. The adoption of the plan or portions thereof shall be by resolution carried by not less than the majority of the full membership of the commission including the ex officio members thereof. Before such master plan or part thereof shall have the status of an official plan, it shall be submitted to and shall have the approval of the council insofar as such plan affects the area within the city limits of the municipality and shall have the approval of the board of county commissioners, insofar as such plan affects the unincorporated area of the county, as the case may be. The council and/or board may approve the plan in whole or in part, or return the plan or any portion thereof to the commission for further consideration. Any part so approved shall immediately become in full force and effect as to the area covered by the approved portion of such plan. Should the council or board fail to act upon such plan within fortyfive (45) days from the date of its submission by the commission, such plan shall be deemed to be approved by said council or board. After the adoption of the master plan, or part thereof, an attested copy shall be certified by the commission and by the approving authority and shall be certified to the county clerk of such county for safekeeping and as a public record, and certified to the clerks of such incorporated areas as may be covered or affected by the plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 166, &sect; 7, emerg. eff. June 3, 1955. Amended by Laws 1957, p. 141, &sect; 3; Laws 1980, c. 54, &sect; 2, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.8. Approval of plans after adoption of master plan.&nbsp;</span></p> <p><span class="cls0">From and after the adoption of the master plan or portion thereof and its proper certification, then and henceforth no improvement of a type embraced within the recommendations of the master plan shall be constructed or authorized without first submitting the proposed plans thereof to the commission and receiving the written approval and recommendation of said commission; provided, however, that this requirement shall be deemed to be waived if the commission fails to make its report and recommendations within fortyfive (45) days after the receipt of the proposed plans, and provided further that the disapproval or recommendations of the commission may be overruled by a twothirds (2/3) vote, properly recorded, of any regularly constituted governmental legislative body, board, or officials sponsoring or acting upon the proposed improvements, after the reasons for such overruling are spread upon its minutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 167, &sect; 8, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.9. Subdivision plats Rules and regulations.&nbsp;</span></p> <p><span class="cls0">From and after the adoption of a plan for major streets or highways as a part of the master plan for the physical development of the area and the adoption of the rules and regulations hereinafter in this section provided for, no plat of a subdivision of land within the area shall be received for record in the office of the county clerk until it shall have been approved by such commission, and such approval endorsed in writing on the plat, and the filing or recording of such plat without such approval shall be without force or effect and shall be void as against public policy. No deed or other instrument of transfer referring to such unapproved plat shall be valid, and if recorded, shall not import notice.&nbsp;</span></p> <p><span class="cls0">The approval of the commission required by this section or the refusal to approve shall take place within thirty (30) days from and after the submission of the plat for final approval; otherwise said plat shall be deemed to have been approved and the certificate of said commission as to the date of the submission of the plat for approval and as to the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval herein required. The ground of refusal of any plat submitted, including citation to or reference to the rules or regulations violated by the plat shall be stated upon the record of the commission.&nbsp;</span></p> <p><span class="cls0">If the governing body of any city or town in the county protests against a subdivision plat of any land lying within three (3) miles of the limits of the incorporated area of such city or town, the plat shall be approved by not less than a twothirds (2/3) favorable vote of the entire membership of the commission with the reasons therefor spread upon its minutes.&nbsp;</span></p> <p><span class="cls0">Such commission shall adopt rules and regulations of uniform application governing plats and subdivisions of land falling within its jurisdiction. Such regulations shall be designed to secure and provide for the proper arrangement of streets or other highways in relation to the existing or planned streets or highways or to the master plan or plans of the area; for adequate and convenient open spaces for traffic, utilities, access of firefighting apparatus, parking lots, parks, playgrounds, light and air; and for the avoidance of congestion of population. Said regulations may include provisions as to the extent to which streets and other highways shall be graded and improved and to which water, sewer, or other utility mains, piping and other facilities shall be installed or assured as a condition precedent to the approval of the plat; the council and/or the board are hereby authorized to prepare such specifications and to make such orders, inspections, examinations, and certificates as may be necessary to protect and carry out such regulations and make them effective and to charge fees for services rendered and benefits involved as hereinafter provided or as may be provided by the respective governing bodies. Such rules and regulations shall provide for the modification thereof by the commission in specific cases where unusual topographical or other exceptional conditions may require the same. Said regulations shall provide for a tentative approval of the plat previous to the installation or assurance of such improvements and facilities, provided that any such tentative approval shall be revocable and shall not be entered on the plat. Such regulations may provide that in lieu of the completion of the construction of the required improvements and facilities prior to the final approval of the plat, the commission may accept bond in an amount and with surety and conditions satisfactory to them, providing for and securing to the council and board the actual construction of such improvement and facilities within a period specified by the commission, and the council and board are hereby granted the power to enforce such bond by legal and equitable remedies. Such rules and regulations shall be adopted, changed, or amended only after a public hearing has been held thereon by the commission. Such hearing may be adjourned from time to time. The adoption of the rules and regulations or amendments thereto, as above provided, shall be by resolution carried by not less than a majority of the full membership of the commission. Upon adoption by the commission, such rules and regulations or amendments thereto shall be certified to the council, the board, and to the county clerk of such county for safekeeping and as a public record, and shall be enforced as in this act provided.&nbsp;</span></p> <p><span class="cls0">For the purpose of this act, a subdivision is defined as any division of land into five or more lots, parcels, tracts, or areas, or any division of land involving the right-of-way or alignment of an existing or proposed street or highway.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 167, &sect; 9, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-863.10. Transfer or sale of lands.&nbsp;</span></p> <p><span class="cls0">Whoever, being the owner or agent of the owner of any land within the area, transfers, or sells or agrees to sell, or negotiates to sell any land by reference to or exhibition thereof, or by other use of a plat of a subdivision before such plat has been approved by the Commission and filed of record in the office of the county clerk, or whoever, being the owner or agent of the owner of any parcel of ground, transfers, or sells or agrees to sell, or negotiates to sell any tract of land of five (5) acres or less, or which transfer or sale will result in a remainder tract of land of five (5) acres or less, where such tract or remainder tract was not shown of record in the office of the county clerk as separately owned at the effective date of the regulations hereinafter provided for and not located within a subdivision approved according to law and filed of record in the office of the county clerk, or if so located, not comprising at least one (1) entire lot as recorded, without first obtaining the written approval of the Commission by its endorsement on the instrument of transfer, shall be subject to the penalties by this act provided; and such transaction shall be unlawful and the deed or other instrument of transfer shall not be valid; and if recorded, shall not import notice; and the description of such lot or parcel by metes and bounds, in the instrument of transfer or other document used in the process of selling or transferring, shall not exempt the transaction or the parties from such penalties or from the remedies in this act provided.&nbsp;</span></p> <p><span class="cls0">In its consideration of such transfers, referred to as "lot-splits", the Commission shall apply the same regulations as are applied to subdivisions in order to accomplish the purposes of planning as herein provided.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 168, &sect; 9, emerg. eff. June 3, 1955. Amended by Laws 1992, c. 47, &sect; 2, emerg. eff. April 8, 1992; Laws 2006, c. 27, &sect; 1, eff. Nov. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19863.11. Building line or set-back regulations Considerations Hearings.&nbsp;</span></p> <p><span class="cls0">Wherever a plan for major highways has been adopted and filed by the commission, the council and board, upon recommendations of the commission, are hereby authorized and empowered to establish, regulate, and limit, and to change and amend, building line or setback regulations on such major highways, and to prohibit any new building or setback lines within the area. In establishing such building lines, the council and board shall take into consideration the present stage of development along such highways, including the type of buildings and nature of their use, as well as their number and location; the present width of such highways and type of construction; the amount of traffic using such highways; and probably future needs to protect safety and provide adequate transportation along such highways in view of the trend of development of residential, commercial, and industrial areas served by such highways.&nbsp;</span></p> <p><span class="cls0">Regulations authorized by this section shall not be adopted, changed, or amended by the council and board until a public hearing has been held thereon by the commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 168, &sect; 11, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-863.12. Enforcement of building line and set-back regulations - Appeals - Modification.&nbsp;</span></p> <p><span class="cls0">After the council and board shall have established building or set-back lines on such major highways, no new building or structure shall be erected within such building or set-back lines in the area and no permit for such building shall be issued by the city building inspector as respects the territory over which the municipality shall have enforcement jurisdiction or by the county engineer, hereby designated to administer and enforce building line and set-back regulations for the county, as respects the territory over which the county shall have enforcement jurisdiction. The city board of adjustment, as respects the territory over which the county shall have enforcement jurisdiction, shall hear appeals of any property owner aggrieved by such building line and set-back regulations in specific cases, in order than unwarranted hardship, which constitutes an unreasonable deprivation of uses as distinguished from a mere grant of privilege, may be avoided, the intended purpose of the regulations strictly observed, and the public welfare and public safety protected.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 169, &sect; 12, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.13. Zoning powers Structures and equipment exempt.&nbsp;</span></p> <p><span class="cls0">For the purposes of promoting the public health, safety, peace, morals, comfort, convenience, prosperity, order, quality of life, and general welfare, and to lessen danger and congestion of public transportation and travel, and to secure safety from fire and other dangers, and to prevent overcrowding of land, and to avoid undue concentration of population, and to provide adequate police protection, transportation, water, sewerage, schools, parks, forests, recreational facilities, military and naval facilities, and other public requirements, and to prevent undue encroachment thereon, the council, as respects the municipality and the board of any such county, as respects the unincorporated areas of the county, are hereby empowered in accordance with the conditions and procedure specified in this act, in the areas, respectively, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot or area which may be occupied, the size of yards, courts and other open spaces, the density and distribution of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, civic and public activities and other purposes.&nbsp;</span></p> <p><span class="cls0">The zoning power hereby conferred shall not apply to the erection, installation, and use of structures and equipment, by public service corporations subject to the jurisdiction and regulation of the Oklahoma Corporation Commission, or other similar state or federal regulatory bodies; nor to the erection or use of the usual farm buildings for agricultural purposes or the planning of agricultural crops.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 169, &sect; 13, emerg. eff. June 3, 1955. Amended by Laws 1980, c. 54, &sect; 3, eff. Oct. 1, 1980; Laws 1999, c. 220, &sect; 4, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-863.13A. Board of county commissioners may establish fines and penalties.&nbsp;</span></p> <p><span class="cls0">A. A board of county commissioners may provide for enforcement of its regulations and establish fines, penalties or other remedies for any offense in violation of its regulations, which shall be recoverable together with costs of suit.&nbsp;</span></p> <p><span class="cls0">B. 1. In addition to other powers and duties prescribed by law, a board of county commissioners shall have the power to establish and enforce fines and penalties for violation of its zoning, subdivision, storm water and floodplain regulations, including the issuance of citations by designated county personnel for violations of its zoning, subdivision, storm water and floodplain regulations. A board of county commissioners may additionally establish that any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a fine or penalty for each ensuing day during which such failure or violation continues.&nbsp;</span></p> <p><span class="cls0">2. In issuing a citation pursuant to this subsection, the county employee shall proceed as follows:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;the employee shall prepare a written citation to appear in court, containing the name and address of the cited person and the violation/offense charged, and stating when the person shall appear in district court. The time to appear specified in the citation shall be at least five (5) days after the issuance of the citation,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;one copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the county employee, and&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;as soon as practicable, one copy of the citation shall be filed with the district court specified therein and one copy delivered to the prosecuting attorney.&nbsp;</span></p> <p><span class="cls0">3. If a person fails to appear in district court at the designated time, a warrant for arrest shall be issued.&nbsp;</span></p> <p><span class="cls0">4. Violations and penalties shall be deemed misdemeanor offenses, punishable by a fine of up to Five Hundred Dollars ($500.00). Jurisdiction is hereby conferred upon the district court within the county.&nbsp;</span></p> <p><span class="cls0">5. Fines and penalties collected pursuant to this subsection shall be deposited in the appropriate county fund.&nbsp;</span></p> <p><span class="cls0">6. Issuance of citations and/or payment of fines or penalties shall in no way preclude other remedies or appropriate action or proceedings to prevent or remove a violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 271, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19863.14. Division into districts or zones.&nbsp;</span></p> <p><span class="cls0">Whenever the commission of such county shall make and certify to the board of county commissioners of such county a zoning plan, including both the full text of the zoning resolution and proposed regulations and map or maps, representing the recommendations of the commission for the regulation by districts or zones, of the location, height, bulk, number of stories and size of buildings and other structures in the areas of the county, not included within the territorial jurisdiction of the municipality as herein defined, and the percentage of the lot or area which may be occupied, the size of yards, courts and other open spaces, the density and distribution of population, the uses of buildings, structures and land for trade, industry, residence, recreation, civic and public activities and other purposes, then the board may exercise the powers granted and, for the purposes mentioned in Section 13 of this act, may divide the areas of such county not included within the territorial jurisdiction of the municipality into districts or zones in such number, shape and areas as it may determine and, for said purposes, may regulate the erection, construction, reconstruction, conversion, alteration and uses of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 169, &sect; 14, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.15. Recommendations by commission.&nbsp;</span></p> <p><span class="cls0">Prior to the adoption of any zoning regulations the board, as it affects its jurisdiction, shall request the commission to recommend the boundaries of the various districts and appropriate regulations to be enforced therein. The commission shall make a preliminary report of its recommendations for such zoning regulations and shall hold public hearing thereon, and such additional public hearings as it shall deem advisable. Such hearings may be adjourned from time to time. Within ninety (90) days after the final adjournment of such hearings the commission shall make its final report to the boards, together with a summary of the results of the public hearings, its proposed zoning regulations, map or maps, and suggested resolution. The board may then adopt the proposed regulations or refer them back to the commission for further consideration.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 170, &sect; 15, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.16. Existing nonconforming uses.&nbsp;</span></p> <p><span class="cls0">The lawful use of a building, structure or premises as such existed at the time of the adoption and recording of any regulation affecting it, may be continued, although such use does not conform with the provisions of such regulation. The board, as it affects its jurisdiction, may provide for the termination of nonconforming uses either by specifying the period or periods within which they shall be required to cease, or by providing a formula or formulas whereby the compulsory termination of nonconforming use shall be so fixed as to allow a reasonable period for the recovery of amortization of the investment in the nonconformance, provided, that in each instance any such action of the board shall be taken only after public notice and hearing thereon has been had before the commission and that commission's recommendations with respect thereto certified to the board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 170, &sect; 16, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.17. Amendment or repeal of regulations Hearing and notice.&nbsp;</span></p> <p><span class="cls0">The zoning regulations imposed and the districts created under authority of this act may be amended, supplemented, changed, modified or repealed from time to time by resolution of the board as it affects its jurisdiction, but no such change shall be made without public notice and hearing and the filing of a report and recommendations upon such proposed change by the commission. In case of written protest against any proposed change, signed by the owners of twenty percent (20%) or more of the area of land in such proposed change, or by the owners of twenty percent (20%) or more of the frontage within one thousand feet (1000') to the right or left of the frontage proposed to be changed, or by the owners of twenty percent (20%) or more of the frontage directly opposite the frontage proposed to be changed, or in cases where the land affected lies within one and onehalf (1 1/2) miles of the limits of a municipality having a zoning ordinance, by the governing body of such municipality filed with the commission, such amendment or change may not be made except by the unanimous favorable vote of all members of the board.&nbsp;</span></p> <p><span class="cls0">All projects or matters that fall within the purview of the duties of the commission, as specified in this section shall be referred to the commission for investigation and report before any final action shall be taken thereon; provided, however, that if said commission fails to make an investigation and report on any matter or subject referred to it for a period of thirty (30) days, such failure shall be considered a refusal to approve the proposed plan or project and the board shall be under no obligation to wait longer for reports or recommendations concerning said projects.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 170, &sect; 17, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.18. Permits Enforcement of regulations.&nbsp;</span></p> <p><span class="cls0">After the adoption of such zoning regulations or building line regulations by the board and/or the council, no building or other structures shall be erected, constructed, enlarged or altered, or repaired in such manner as to prolong the life of the building, nor shall the use of any land be changed without a permit issued by the county inspector as to territory falling within the jurisdiction of the county and of the building inspector of the municipality as to territory falling within the jurisdiction of the municipality. The county inspector shall have the duty of administering the rules and regulations under this act applicable to the unincorporated area of the county, and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations. The building inspector and the engineer of the municipality shall have the duty of administering the rules and regulations under this act applicable to the jurisdiction of the municipality and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations, except that in the matter of construction, surfacing and maintenance of streets, roads, and highways in the entire unincorporated area of the county, the board may prescribe rules and regulations and prescribe standards and the county engineer shall have the duty of administering such rules and regulations and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 171, &sect; 18, emerg. eff. June 3, 1955. Amended by Laws 1980, c. 54, &sect; 4, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-863.19. Repealed by Laws 1980, c. 54, &sect; 8, eff. Oct. 1, 1980.&nbsp;</span></p> <p><span class="cls0">&sect;19863.19A. Extraterritorial application of zoning powers.&nbsp;</span></p> <p><span class="cls0">When any city owns unannexed land contiguous to their city limits and such land is annexed by another city not owning the land, the zoning ordinance of the city owning the land shall govern over such land.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 54, &sect; 7, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.20. County board of adjustment.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any such county shall appoint a county board of adjustment composed of five (5) members, residents of such county, two of whom shall reside outside the corporate limits of the county seat town, for terms of three (3) years, except that when the first appointment is made hereunder, the terms of two members shall be one (1) year, the terms of two members shall be two (2) years, and the term of office of one of said members shall be three (3) years. A member of such county board of adjustment, once qualified, can thereafter be removed during his term of office only for cause and after a hearing held before the board of county commissioners. In the event of the death, resignation or removal of any such member before the expiration of his term, a successor shall be appointed by the board of county commissioners to serve his unexpired term. All members of the county board of adjustment shall serve as such without compensation except these members may receive a per diem as set by the local board of Twenty-five Dollars ($25.00) for each meeting attended not to exceed Fifty Dollars ($50.00) per month.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment shall elect its own chairman and shall adopt rules of procedure consistent with the provisions of this act. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Three members of the county board of adjustment shall constitute a quorum. All meetings of the county board of adjustment shall be open to the public and a public record shall be kept of all proceedings.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment may, with the approval of the board of county commissioners, appoint such employees as may be necessary and may incur necessary expenses, and the board of county commissioners is authorized to make appropriations therefor.&nbsp;</span></p> <p><span class="cls0">For each petition and for each request for a public hearing, the county board of adjustment shall collect a fee of Twenty-five Dollars ($25.00), which fees shall be deposited with the county treasurer as required by law, and credited to the general fund of the county, and report thereof made to the board of county commissioners each month. This is a maximum fee and may be reduced by action of the board of county commissioners. Publication notices and transcripts on appeal shall be paid for by parties requiring or requesting the same.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 171, &sect; 20, emerg. eff. June 3, 1955. Amended by Laws 1963, c. 142, &sect; 1, emerg. eff. June 4, 1963; Laws 1977, c. 157, &sect; 2, eff. Oct. 1, 1977; Laws 1978, c. 167, &sect; 1, eff. July 1, 1978; Laws 1992, c. 47, &sect; 3, emerg. eff. April 8, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.21. Appeals to board Powers and duties.&nbsp;</span></p> <p><span class="cls0">Appeals to the county board of adjustment may be taken by any person aggrieved or by a public officer, department, board or bureau affected by any decision of the county engineer in administering the county zoning regulations or building line and setback regulations. Such appeals shall be taken within a period of not more than three (3) months, by filing written notice with the county board of adjustment and the county engineer, stating the grounds thereof. An appeal from the county board of adjustment shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken shall certify to the board of adjustment that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. The county board of adjustment shall have the following powers and it shall be its duty:&nbsp;</span></p> <p><span class="cls0">1. To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the county engineer in the enforcement of the county zoning regulations.&nbsp;</span></p> <p><span class="cls0">2. To hear and decide requests for map interpretations or decisions on other special questions upon which it is authorized to pass by the regulations adopted by the board.&nbsp;</span></p> <p><span class="cls0">3. Where, by reason of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under this act would result in peculiar and exceptional difficulties to, or exceptional and demonstrable undue hardship upon, the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such demonstrable difficulties or hardships, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the zoning regulations and map.&nbsp;</span></p> <p><span class="cls0">In exercising the above powers, such board of adjustment may, in conformity with the provisions of this act, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.&nbsp;</span></p> <p><span class="cls0">In acting upon any appeal, such board of adjustment shall, in its consideration of and decision thereon, apply the principles, standards and objectives set forth and contained in all applicable regulations, ordinances and resolutions and in the master plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 172, &sect; 21, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.22. Judicial review in district court.&nbsp;</span></p> <p><span class="cls0">A judicial review in the district court may be had of any ruling, regulation, interpretation, order, requirement, refusal, permit, approval, or decision made under the terms of this act, when such action is alleged to be arbitrary, unreasonable or capricious, and that by reason thereof such action has worked or, if enforced, will work an unnecessary hardship on or create substantial harm or loss to the complaining party.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 172, &sect; 22, emerg. eff. June 3, 1955. Amended by Laws 1959, p. 106, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.23. Appeals to district court from acts of the commission.&nbsp;</span></p> <p><span class="cls0">Any person claiming to be aggrieved by any act of the commission in administering this act, or any regulations promulgated pursuant thereto, may as to any matter concerning plats, subdivisions and lotsplits, both as to land situated in the corporate limits of the municipality and as to land situated in the unincorporated area of the county, appeal directly to the district court of the county and the district courts of said counties are hereby expressly vested with jurisdiction to hear and determine said appeals. On appeal, said matter shall be tried de novo. Such appeal shall be taken by the parties claiming to be aggrieved by filing with the secretary of the metropolitan area planning commission within ten (10) days after the action appealed from, a notice of appeal which shall state the grounds of such appeal. No bond or deposits for costs shall be required for such appeal. Upon the filing of the notice of appeal, it shall be the duty of the commission to transmit to the court clerk of the county, the original or certified copies of all the papers constituting the record in the case, together with the order, decision or ruling appealed from. An appeal shall lie from the action of the district court as in all other proceedings.&nbsp;</span></p> <p><span class="cls0">An appeal to the district court from the commission stays all proceedings in furtherance of the action appealed from unless the chairman of the commission certifies to the court clerk after the notice of appeal shall have been filed that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the order, decision or ruling appealed from, and upon notice to the commission, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.&nbsp;</span></p> <p><span class="cls0">Costs shall not be allowed against the commission unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.&nbsp;</span></p> <p><span class="cls0">All issues in any proceedings under this section shall have the same preferences over all other civil actions and proceedings as is provided for appeals from boards of adjustment by Section 44110 of this title.&nbsp;</span></p> <p><span class="cls0">There shall be no right of appeal from any act of the commission in its advisory capacity to the council and board or from any of its acts which are subject to review, repeal or modification by said governing bodies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 173, &sect; 23, emerg. eff. June 3, 1955. Amended by Laws 1980, c. 54, &sect; 5, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.24. Zoning regulations to govern.&nbsp;</span></p> <p><span class="cls0">Whenever the zoning regulations made under authority of this act require a greater width of size of yards, courts, or other open spaces or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or require a lower density of population, or require a more restricted use of land, or impose other higher standards than are required in any other statute, local order or regulation, private deed restrictions or private covenants, the regulations made under the authority of this act shall govern.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 173, &sect; 24, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.25. Fees Farm homes and buildings exempt Schedules.&nbsp;</span></p> <p><span class="cls0">For each tentative plat the commission may collect a fee of Ten Dollars ($10.00), and for each final plat a fee of Ten Dollars ($10.00), or a fee of fifty cents ($0.50) per lot, plus Five Dollars ($5.00), whichever is larger, and for each "lotsplit" the commission may collect a fee of Two Dollars ($2.00). For each request for public hearing before the commission, the commission shall collect a fee of Twentyfive Dollars ($25.00), except no fee shall be required of municipalities. For each appeal to either the county board of adjustment, or the city board of adjustment, the commission shall collect a fee of Ten Dollars ($10.00).&nbsp;</span></p> <p><span class="cls0">The Legislature declares the foregoing fees to be reasonable and proportionate to the services rendered and the benefits involved. These are maximum fees and may be reduced by action of the respective governing bodies. No fees or permits shall be required for the construction of any farm home or any other farm building. The foregoing fees shall be divided as may be agreed upon by the governing bodies and each month paid into the respective general funds of the city and county pursuant to financial report furnished to the governing bodies. Publication notices and transcripts on appeal shall be paid for by parties requiring or requesting the same.&nbsp;</span></p> <p><span class="cls0">Council and board may each establish a schedule of fees for inspections and investigations as respects the territory within their respective enforcement jurisdictions, which said fees shall be reasonable and proportionate to the services rendered and benefits involved and shall be paid into the respective general funds of the city and county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 173, &sect; 25, emerg. eff. June 3, 1955. Amended by Laws 1965, c. 350, &sect; 6, emerg. eff. June 28, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-863.26. Notice of public hearings.&nbsp;</span></p> <p><span class="cls0">A. Notice of all public hearings herein provided for shall be given by one publication in a newspaper of general circulation in the county at least fifteen (15) days prior to the date of such hearing.&nbsp;</span></p> <p><span class="cls0">B. In addition to the notice required in subsection A of this section, if the zoning change requested permits the use of treatment facilities, multiple family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statutes, the entity proposing the zoning change shall mail a written notice within thirty (30) days of the hearing to all real property owners within one-quarter (1/4) of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice.&nbsp;</span></p> <p><span class="cls0">For purposes of this subsection, "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 174, &sect; 26, emerg. eff. June 3, 1955. Amended by Laws 2009, c. 226, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.27. Validation of existing plans, ordinances, etc.&nbsp;</span></p> <p><span class="cls0">All existing plans, regulations, resolutions, ordinances, and codes and all amendments, supplements, and changes thereof adopted under prior existing planning acts, and all actions taken under the authority thereof, are hereby validated and continued in effect until amended, revised, or repealed by appropriate official action taken under authority of this act. Any master plan heretofore filed of record in the office of the county clerk of said county by either of the presently existing city or county planning commissions may by resolution of the commission be withdrawn from record and the recording of such resolution of withdrawal in the office of the county clerk shall be authority for the exclusion from abstracts of title such plan so withdrawn.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 174, &sect; 27, emerg. eff. June 3, 1955. Amended by Laws 1963, c. 179, &sect; 3, emerg. eff. June 10, 1963.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.28. Violations and penalties.&nbsp;</span></p> <p><span class="cls0">A violation of this act or of any order or regulation adopted under authority of this act shall be deemed a misdemeanor and shall be punishable by fine or by imprisonment or both, as now provided by law for misdemeanors, and jurisdiction is hereby conferred upon any municipal, criminal, or police court in the municipality, over offenses occurring within the fivemile area surrounding the municipality, which jurisdiction shall be concurrent with that of any other court having jurisdiction thereof. The proper authorities or any person, the value or use of whose property is or may be affected by such violation, in addition to the other remedies, may also institute any appropriate action or proceedings to prevent or remove such violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 174, &sect; 28, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.29. Exclusive control by commission Transfer of records, etc.&nbsp;</span></p> <p><span class="cls0">From and after the time such commission is constituted by the cooperating governmental units, it shall have exclusive control for the purposes herein provided over the territory within such city and the unincorporated areas of the county to the exclusion of any other planning and zoning agency, excepting therefrom any city or county boards of adjustment. The now existing city and county planning commissions shall transfer to this commission upon its activation all records, resolutions, maps, charts, plats and other descriptive matter which said city or county planning commissions shall have in their possession.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 174, &sect; 29, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.30. County electrical code Definitions.&nbsp;</span></p> <p><span class="cls0">For the purpose of that portion of this act relating to a county electrical code in any affected county the following words shall have the following meanings:&nbsp;</span></p> <p><span class="cls0">a. Joint electrical examining and appeal board shall be held to mean the joint citycounty electrical examining and appeal board hereinafter referred to.&nbsp;</span></p> <p><span class="cls0">b. "Electrical inspector" shall be held to mean and include the electrical inspector of any county within the terms of this act, or any of his duly authorized assistants.&nbsp;</span></p> <p><span class="cls0">c. "Class A electrical contractor" shall be held to mean any person, firm or corporation engaged in the business of wiring, rewiring, installing, repairing or altering any electrical wiring, or installing or repairing any apparatus or electrical appliances in any city or county within the terms of this act, and shall not include persons, firms or corporations engaged in the business of selling or offering for sale to the public, electrical materials, apparatus and electrical appliances that are not installed by such persons, firm or corporation.&nbsp;</span></p> <p><span class="cls0">d. "Class B electrical contractor" shall be held to mean any person, firm or corporation engaged in the business of wiring, rewiring, installing, repairing or altering any electrical wiring or installing or repairing any apparatus or electrical appliances in any singlefamily residence building within any city or county within the terms of this act.&nbsp;</span></p> <p><span class="cls0">e. "Class A journeyman electrician" shall be held to mean any person actually engaged in the work of wiring, or installing or repairing any electrical apparatus or electrical appliances in any city or county within the terms of this act.&nbsp;</span></p> <p><span class="cls0">f. "Class B journeyman electrician" shall be held to mean any person actually engaged in the wiring or installing or repairing of any electrical apparatus or electrical appliances within any building constructed for, and designated to be used as, a singlefamily residence in any city or county within the terms of this act.&nbsp;</span></p> <p><span class="cls0">g. "Maintenance serviceman" shall be held to mean any person engaged only in the work of operating the electrical installations in any building or buildings or factory and/or the maintenance of such electrical equipment in a state of good repair.&nbsp;</span></p> <p><span class="cls0">h. "Electrical appliance repairman" shall be held to mean any person engaged only in the business of work of repairing electrical appliances.&nbsp;</span></p> <p><span class="cls0">i. "Electrical sign contractor" shall be held to mean any person, firm or corporation engaged in the business of manufacturing, assembling, wiring, rewiring, installing, erecting, repairing or altering interior or exterior electric signs, who does not himself perform any of the actual work aforementioned.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 174, &sect; 30, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.31. Electrical and elevator construction contractors Examination and renewal fees.&nbsp;</span></p> <p><span class="cls0">The fee for the examination and initial certificate shall be Twenty Dollars ($20.00) for a Class A or B electrical contractor or elevator construction contractor and Ten Dollars ($10.00) for each of the following: a Class A or B journeyman electrician, a maintenance serviceman, an electrical appliance repairman, or a journeyman electrical sign man, which amount shall be paid to the joint electrical examining and appeal board. Such fee shall be paid before any applicant shall be permitted to take such examination.&nbsp;</span></p> <p><span class="cls0">Provided that such certificates once issued shall be subject to renewal on an annual basis upon payment of the renewal fee to said joint board in the amount of Ten Dollars ($10.00) for a Class A or Class B electrical contractor or elevator construction contractor and Five Dollars ($5.00) for each of the following: Class A or Class B journeyman electrician, maintenance serviceman, electrical appliances repairman or journeyman electrical sign man. Such fee shall be paid before the renewal certificates shall be issued.&nbsp;</span></p> <p><span class="cls0">Provided that the provisions of this section requiring payment of fees provided herein, shall not apply to any person, firm or corporation engaged in the business of manufacturing, assembling, wiring, rewiring, installing, erecting, repairing, or altering interior or exterior electric signs, where such person does not himself perform any of the work aforementioned.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 175, &sect; 31, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.32. Joint citycounty electrical examining and appeal board.&nbsp;</span></p> <p><span class="cls0">Joint examining and appeal board.&nbsp;</span></p> <p><span class="cls0">a. Creation. The board of county commissioners of any such county together with the council of any such city may, by written agreement, adopted by said board of county commissioners and council of said city create a joint citycounty electrical examining and appeal board. Such board to be composed of two (2) members appointed by the board of county commissioners and two (2) members appointed by the council of said city and one (1) member by the four (4) members so chosen, provided that said fifth member shall be a registered electrical engineer and a member of the American Institute of Electrical Engineers. Such members shall be appointed for a term of one (1) year and until their successors are appointed and qualified. The members of said board shall be persons proficient in all phases of electrical work, who shall have had at least ten (10) years practical experience in electrical work, either as contractor or journeyman and the members appointed by the council of said city shall be of those persons licensed and qualified under the ordinances of said city.&nbsp;</span></p> <p><span class="cls0">b. Powers and duties. It shall be the duty and within the authority of said board to perform any or all of the following acts:&nbsp;</span></p> <p><span class="cls0">(1) To give written examinations to persons desiring to obtain a license or certificate of qualification to engage in or work at the trade of the electrical business as the same is herein defined within said city and county.&nbsp;</span></p> <p><span class="cls0">(2) To hear appeals on technical disputes arising between the inspectors of the city or county and electrical contractors or home owners as to the interpretation and effect of the electrical code as hereinafter established.&nbsp;</span></p> <p><span class="cls0">(3) To prepare and issue interpretative opinions relative to the technical aspects of the electrical code, but to perform this function only in the event some real dispute has arisen between interested parties.&nbsp;</span></p> <p><span class="cls0">(4) To act as a permanent code committee and to investigate and suggest to the proper legislative authority such changes in the electrical code as may from time to time be desirable.&nbsp;</span></p> <p><span class="cls0">(5) To formulate its own rules and regulations pertaining to procedure within the limits as set forth in this act, provided that in no event shall examinations of persons desiring to obtain an electrical license be other than written.&nbsp;</span></p> <p><span class="cls0">(6) To hire necessary clerical personnel, to pay expenses and purchase necessary supplies to insure a proper functioning of the board. The foregoing expenditures to be subject to the approval of the board of county commissioners and the council of said city.&nbsp;</span></p> <p><span class="cls0">The expenses of operation of such board shall be shared by the city and county on an equal basis provided that each member shall be paid for attendance at board meetings in an amount to be set by the council and board of county commissioners subject however to the limitation that there shall be no more than two (2) paid meetings each month.&nbsp;</span></p> <p><span class="cls0">c. Appeals. Any ruling, requirements, decision or interpretation of the board shall be final and binding upon all parties thereto unless appealed to the district court of competent jurisdiction within fifteen (15) days in the manner and form now provided by statute for appeals generally. Provided, further, that any party feeling himself aggrieved by the action of the board shall serve written notice upon said board or any member thereof of his intention to appeal to the district court within fifteen (15) days from the action complained of.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 175, &sect; 32, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.33. Examinations Certificates Issuance without examination.&nbsp;</span></p> <p><span class="cls0">No person shall be issued a certificate as a Class A or Class B electrical contractor, elevator construction contractor, Class A or Class B journeyman electrician, maintenance service or electrical appliance repairman until he has passed an examination by the joint electrical examining and appeal board except as herein provided. Said board shall within ten (10) days after their appointment, meet, and shall then designate the time and places for examination of all applicants desiring to secure certificate. All examinations shall be written. Said board shall examine applicants for a Class A electrical contractor or Class A journeyman electrician as to his practical knowledge of electrical wiring, the installation of same, the installation of electrical appliances or fixtures, the installation of electrical elevators, the principles of armature winding, the operation and control of electrical systems. An applicant for a Class B electrical contractor's certificate or Class B electrical journeyman's certificate shall be examined as to his practical knowledge of that type of wiring permitted to be used by this ordinance in singlefamily residences and the installation of same, the installation of the usual householdtype electrical appliances and the operation and control of residencetype electrical systems. An applicant for a maintenance serviceman's certificate shall be examined as to his practical knowledge of the operation of electrical installations in buildings and the maintenance and repair of such installations. An applicant for an electrical appliance repairman's certificate shall be examined only to his practical knowledge of repairing electrical appliances. If the board is satisfied as to the competency of such applicant, it shall issue a certificate to such applicant authorizing him to engage only in such electrical work as is described in said certificate and as is defined in this code, upon compliance with the conditions of any other section herein relating thereto.&nbsp;</span></p> <p><span class="cls0">All certificates shall be signed by the chairman of said board and attested by the secretary thereof, and shall show the date of passage of such examination, or if issued without examination as herein provided, the reason thereof or the name of the person, the class of work authorized and such certificate shall be issued only for the year in which it is dated, and shall expire on December 31st of the year for which issued. Said certificates shall be numbered consecutively, and the examining board and the electrical inspector shall keep a record of all such certificates issued.&nbsp;</span></p> <p><span class="cls0">Provided that the provisions of this section requiring the taking of an examination to be given by the joint electrical examining and appeal board and the issuance of a certificate of qualification shall not apply to any person, firm, or corporation engaged in the business of manufacturing, assembling, wiring, rewiring, installing, erecting, repairing, or altering interior or exterior electric signs, where such person does not himself perform any of the work aforementioned.&nbsp;</span></p> <p><span class="cls0">Any certificate of competency heretofore issued by any city having a population of one hundred and eighty thousand (180,000) to two hundred and forty thousand (240,000) according to the last Federal Decennial Census, shall be recognized by the joint electrical examining and appeal board for the balance of the period covered by said certificate and shall be subject to renewal upon payment of the fee theretofore without further examination by said board.&nbsp;</span></p> <p><span class="cls0">Any person who has been engaged in the work as a Class A or Class B journeyman electrician, maintenance serviceman, electrical appliance man, or the work and business of a Class A or Class B electrical contractor as such classifications are defined herein within any county, subject to the provisions of this act for a period of at least five (5) years immediately preceding the passage of this act, shall upon proof of such work be issued a certificate of competency by the joint electrical examining and appeal board without examination and upon such person's payment of all fees as provided herein and provided further the application therefore is made within sixty (60) days after the creation of the joint electrical examining and appeal board. The latter named group to be granted such certificates of competency without regard to whether they have ever been licensed in any municipality or not.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 176, &sect; 33, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.34. Apprentices.&nbsp;</span></p> <p><span class="cls0">Nothing herein contained shall be construed to prevent the employment of apprentices to perform any of the work herein defined provided said apprentice performs said work under the direct supervision of a licensed electrical contractor or journeyman. No license, examination or fees shall be required of such apprentices.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 177, &sect; 34, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.35. Classes of licenses Fees.&nbsp;</span></p> <p><span class="cls0">The following classes of licenses are hereby established for the city and county as herein defined and the annual fee therefor shall be as follows:&nbsp;</span></p> <p><span class="cls0">a. Class A electrical contractor, which shall authorize the holder to do a general electrical contracting business covering all features of the electrical industry as permitted by this ordinance, license fee One Hundred Dollars ($100.00) per year.&nbsp;</span></p> <p><span class="cls0">b. Class B electrical contractor, which shall authorize the holder to do a general electrical contracting business restricted, however, to electrical work in, on or upon singlefamily residences, license fee One Hundred Dollars ($100.00) per year.&nbsp;</span></p> <p><span class="cls0">c. Elevator construction, which shall authorize the holder to install and equip all types of electrical elevators with electrical wiring and other equipment, and maintenance, license fee One Hundred Dollars ($100.00) per year.&nbsp;</span></p> <p><span class="cls0">d. Armature shops, which authorize the holder to wind, repair and replace any electrical armature device or motor, license fee Fifty Dollars ($50.00) per year.&nbsp;</span></p> <p><span class="cls0">e. Electrical sign contractors which shall authorize the holder to engage in the business of manufacturing, assembling, wiring, rewiring, installing, erecting, repairing or altering interior or exterior electric signs, where such person does not himself perform any of the work aforementioned, license fee Fifty Dollars ($50.00) per year.&nbsp;</span></p> <p><span class="cls0">Provided that this section wherein the holding of a certificate of qualification provided in this act is made a condition precedent to the issuance and to the continued validity of the license aforementioned, shall not apply to any person, firm, or corporation engaged in the business of manufacturing, assembling, wiring, rewiring, installing, erecting, repairing or altering interior or exterior electric signs, where such person does not himself perform any of the work aforementioned.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 177, &sect; 35, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.36. Bonds.&nbsp;</span></p> <p><span class="cls0">Any person desiring an electrical license of any kind as above provided, shall make and file with the State of Oklahoma Electrical Administrative Board, or the city auditor of the affected city or with the county clerk of the county as herein defined, a good and sufficient bond executed by a surety company authorized to transact business in the State of Oklahoma and engaging himself thereon in the amount set forth, towit:&nbsp;</span></p> <p><span class="cls0">a. Class A electrical contractor, the amount of the bond shall be One Thousand Dollars ($1,000.00)&nbsp;</span></p> <p><span class="cls0">b. Class B electrical contractor, the amount of the bond shall be One Thousand Dollars ($1,000.00)&nbsp;</span></p> <p><span class="cls0">c. Elevator construction, the amount of the bond shall be One Thousand Dollars ($1,000.00)&nbsp;</span></p> <p><span class="cls0">d. Armature shops, the amount of the bond shall be One Thousand Dollars ($1,000.00)&nbsp;</span></p> <p><span class="cls0">e. Electrical sign contractor, the amount of the bond shall be Five Thousand Dollars ($5,000.00)&nbsp;</span></p> <p><span class="cls0">f. Electrical appliance repair, the amount of the bond shall be One Thousand Dollars ($1,000.00)&nbsp;</span></p> <p><span class="cls0">Said bond shall guarantee the performance on the part of the principal of all work in strict accord with the requirements of this act and the electrical code of the city as herein defined, the payment of fee or other charges due to either the city or county, the replacing of all faulty or defective materials or workmanship installed by principal, or by some person for or on behalf of said principal, when notified to do so by the electrical inspector of said city or county and said bond shall be further conditioned that, in the event the principal does not perform and discharge all duties and obligations resting upon him, he shall be liable in the first instance and suit may be brought directly upon said bond jointly and/or severally with said surety company by any person injured or damaged as a result of such principal's failure to comply with the provisions and requirements of the ordinance relating to such work.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 178, &sect; 35, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.37. Necessity for license Applications Contents Violations.&nbsp;</span></p> <p><span class="cls0">No person, firm or corporation shall engage in the business of wiring, rewiring, installing, repairing or altering any electrical wiring, or installing or repairing any electrical apparatus, appliances or fixtures of any kind or description, as an electrical contractor within the limits of any city or county within the provisions of this act without securing from the joint electrical examining and appeal board herein created, a license. Said applicant shall file with the electrical inspector, an application showing the name of the person, firm or corporation in whose name it is desired that the license be issued, the kind of license applied for, the name of the certificate holder, the number and date of such certificate, and such further and other information as may be required by the electrical inspector. Said application shall be signed by the applicant, or a member of the firm, or an authorized officer of the corporation making the application and shall also be signed by the holder of the certificate and shall be attached to the application. The electrical inspector, if said application is correct, shall approve said application and retain for his file, the certificate of the joint electrical examining and appeal board, upon furnishing the applicant with a proper receipt therefor; if such certificate is withdrawn by the owner thereof, said license shall become inoperative and no further permits shall be issued by the electrical inspector under such license. Such license may be reinstated and rendered operative by the filing with the electrical inspector, of another proper certificate of the joint electrical examining and appeal board.&nbsp;</span></p> <p><span class="cls0">Violation of any of the provisions of this act shall constitute a misdemeanor and shall be punished as provided by a maximum fine of One Hundred Dollars ($100.00) upon conviction thereof. The electrical inspector shall be entitled to bring any action at law or equity to restrain the threatened or continued violation of any of the provisions of that portion of this act relating to electrical codes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 178, &sect; 36, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.38. Electrical inspector Deputies Duties Fees.&nbsp;</span></p> <p><span class="cls0">There is hereby created the office of "electrical inspector" of the county as defined herein. Such electrical inspector shall be a person familiar with all types of electrical installations and methods and shall be familiar with the electrical code of any affected municipality. Such inspector shall be appointed by the board of county commissioners of the affected county to serve such term as they may prescribe and to be paid such compensation as they may in their discretion see fit to set. Said county commissioners shall hire such deputy electrical inspectors for such terms and at such compensation as they may deem necessary.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of said "electrical inspector" and such deputy electrical inspectors as may be appointed hereunder to inspect all electrical installations on both new construction, changes, revisions or remodeling of existing structures to determine that all such installations are in strict conformity with this act and the electrical code of the city, as defined herein, and to determine that all such installations are performed by competent, licensed workmen according to the classifications herein contained. The county commissioners of any such county shall determine and fix the reasonable fees to be charged therefor and said fees shall be of a sum sufficient to meet the expenses of operation of the office of the electrical inspector, herein created. All of such electrical inspection fees shall be payable to the general fund of any county as herein defined as to that work and inspection done in the county and outside the corporate limits of any municipality located in said county.&nbsp;</span></p> <p><span class="cls0">The electrical inspector as herein created shall adopt such rules in regard to the method of inspection and the time thereof as may be necessary and proper to carry out the intent of this act, but all of such rules and regulations shall be in strict accordance with the terms of this act and with the electrical code of any affected municipality adopted herein. After notice is received by the office of the electrical inspector of a desire by any builder, contractor or home owner for an electrical inspection, the same shall be accomplished as practicable and within a reasonable time, keeping in mind the necessity of prompt completion of all new construction and remodeling of existing constructions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 179, &sect; 37, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.39. Standards of safety.&nbsp;</span></p> <p><span class="cls0">All electrical wiring, materials, equipment and the methods of installation thereof in every county, subject to the provisions of this act, shall be in strict conformity with approved standards for safety to persons and property. Compliance with the electrical code as said code exists at the date of the passage of this act, of any city having a population of from one hundred and eighty thousand (180,000) to two hundred and forty thousand (240,000) according to the last Federal Decennial Census or any future Federal Decennial Census located in any county as defined herein, shall be deemed to prima facie evidence of compliance with this act.&nbsp;</span></p> <p><span class="cls0">When the electrical code of any such city, as defined in this section, contains no specific standards as to the manner of electrical wiring, materials, equipment and the methods of installation thereof, compliance with the statutes of this state pertaining to the installation of electrical materials and equipment and conformity with the regulations set forth in the current National Electrical Code, in effect at the date of the passage of this act, being the standard of the National Board of Fire Underwriters for electrical wiring and apparatus as recommended by the National Fire Protection Association and approved by the American Standards Association, shall be prima facie evidence of conformity with approved standards for safety to persons and property and of compliance with this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 180, &sect; 38, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.40. Plumbing inspector Qualifications Duties.&nbsp;</span></p> <p><span class="cls0">All plumbing materials, equipment and methods of installation thereof in every county subject to the provisions of this act shall be in strict conformity with approved standards for health and safety to persons and property. Compliance with the plumbing code as said code exists at the date of passage of this act of any city having a population of from one hundred and eighty thousand (180,000) to two hundred and forty thousand (240,000) according to the last Federal Decennial Census located in any county as defined herein shall be deemed to be prima facie evidence of compliance with this act.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any county within the provisions of this act are hereby authorized to create, by resolution duly adopted, the office of plumbing inspector for such county. Such inspector shall be a person who holds a certificate of master plumber under the provisions of the laws of this state, relating to cities of two thousand (2,000) or more inhabitants, and shall have had at least ten (10) years practical experience as a master plumber. Such plumbing inspector is authorized to inspect all plumbing installations in any county within the provisions of this act, to determine that the same are done within the provisions of this act. However, where any such plumbing installations are subject to inspection by the duly qualified, appointed and acting plumbing inspector of any city or town, having a system of water supply or sewerage by reason of contract with the owner or builder of such plumbing facilities or otherwise, approval by such municipal plumbing inspector shall be deemed to establish compliance with this act and inspection by the county plumbing inspector or county plumbing permits will be unnecessary.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners may, on recommendation of the county plumbing inspector, adopt all necessary rules and regulations to carry out purposes of this act and may prescribe the necessary permits, notices and inspection procedure and set and determine the fees therefor. Such fees shall be reasonable and shall be sufficient to meet the expenses of operation of the office of county plumbing inspector. The county commissioner shall be authorized to hire such deputy plumbing inspectors for such terms and at such compensation as they may deem reasonable. The county plumbing inspector shall issue, without examination, certificates of competency to all persons holding such a certificate issued by any city or town in the State of Oklahoma of two thousand (2,000) or more inhabitants, provided that such certificate has been issued or renewed for the year in which application therefor to the county plumbing inspector is made.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 180, &sect; 39, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.41. Increase in population.&nbsp;</span></p> <p><span class="cls0">Any county availing itself of the provisions of this act may continue to operate thereunder though the population of any city therein may hereafter exceed two hundred and forty thousand (240,000).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 181, &sect; 40, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.42. Inspection by county inspector continued.&nbsp;</span></p> <p><span class="cls0">The inspection of electrical work as herein provided on houses under actual construction in territory annexed by the city shall be continued by the county inspector until the completion of such work.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 181, &sect; 41, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.43. Partial invalidity.&nbsp;</span></p> <p><span class="cls0">If any section, clause, paragraph or part of this act is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this act, or of this act as a whole, and it is hereby declared to be the purpose of the Legislature in enacting this act to enact the same, notwithstanding the invalidity of any section, clause, paragraph or part thereof, which is for any reason held invalid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1955, p. 181, &sect; 43, emerg. eff. June 3, 1955.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.44. Building and/or fire codes.&nbsp;</span></p> <p><span class="cls0">Any county of the state to which the provisions of Section 863.2 of this title are applicable is authorized to adopt, by appropriate resolution of the board of county commissioners, building and/or fire codes, which codes shall be designed for the purpose of promoting, benefiting and protecting the public health, safety and welfare of the inhabitants of this state, and which shall be applicable to the unincorporated areas of the county, as hereinafter provided.&nbsp;</span></p> <p><span class="cls0">All building materials, equipment and methods of installation and/or construction shall be at least the equivalent of that prescribed in any building or fire code adopted by the board of county commissioners, under the provision of this act, in quality, strength, effectiveness, fire resistance, durability, and safety; provided that any codes adopted pursuant to this act shall not apply to the installation and maintenance of electric supply and communications lines of public utilities and public service companies which are subject to regulation by the State Corporation Commission. Provided that this act shall not apply to any area located within any county excluded from the application of Section 863.2 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 350, &sect; 2, emerg. eff. June 28, 1965. Amended by Laws 1980, c. 54, &sect; 6, eff. Oct. 1, 1980.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.44A. HighRise Safety Act of 1975.&nbsp;</span></p> <p><span class="cls0">This act may be cited as the "HighRise Safety Act of 1975".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 207, &sect; 1, emerg. eff. May 27, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.44B. Purpose.&nbsp;</span></p> <p><span class="cls0">The purpose of this act is to require the installation of automatic water sprinkler systems in highrise buildings within this state which are occupied by persons in order to protect life and prevent fire in such buildings where fire must be fought internally because of height.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 207, &sect; 2, emerg. eff. May 27, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.44C. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in this act:&nbsp;</span></p> <p><span class="cls0">1. Highrise building shall mean any building more than seventyfive (75) feet in height measured from the lowest level of access by firefighting equipment, the normal use of which is intended for occupancy by human beings, excluding hospital treatment or operating rooms.&nbsp;</span></p> <p><span class="cls0">2. Water sprinkler system shall mean a water distribution system designed in accordance with standards adopted by the Oklahoma State Fire Marshal Commission. Provided nothing herein shall be construed as prohibiting the alternative use of other highrise life protection systems which are equivalent to and in accordance with a nationally recognized building code.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 207, &sect; 3, emerg. eff. May 27, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.44D. Sprinkler systems required Exceptions.&nbsp;</span></p> <p><span class="cls0">Every highrise building to be constructed within this state after the effective date of this act must be equipped with a water sprinkler system as defined herein, provided this act shall not apply to buildings primarily housing electric generating or transforming equipment or to buildings primarily housing telephone company equipment of public utilities or public service corporations which are subject to regulation by the State Corporation Commission, but such buildings shall contain fire prevention devices of near equal safety factors as may be required by the State Fire Marshal Commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 207, &sect; 4, emerg. eff. May 27, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.44E. Penalties.&nbsp;</span></p> <p><span class="cls0">Violation of this act shall be punishable by a penalty of One Hundred Dollars ($100.00). Each day such violation continues shall be considered a separate and continuing violation. Such penalty shall be payable by the record owner of said building and upon failure to pay such penalty and after being reduced to judgment in a court of competent jurisdiction, such sum including all reasonable costs of the court action may become a lien to be levied against said property. Any monies collected under the terms of this act shall be paid into the General Revenue Fund. The Attorney General is hereby authorized to institute and prosecute such action upon receiving a request of the State Fire Marshal to initiate such court action.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 207, &sect; 5, emerg. eff. May 27, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.44F. Provisions as cumulative.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall be cumulative to existing laws and shall not be construed to repeal, amend or supersede any ordinance of any incorporated city which deals with the same subject to the extent such terms shall exceed the requirements hereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 207, &sect; 6, emerg. eff. May 27, 1975.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.45. County building inspector.&nbsp;</span></p> <p><span class="cls0">There is hereby authorized the creation of the office of county building inspector for each county adopting a building and/or fire code. Said building inspector shall be appointed by the board of county commissioners at such compensation and terms as it may prescribe and deem necessary; provided, however, for any person to be eligible for the appointment to the office of building inspector he must have completed a minimum of a high school education and he must have a minimum of ten (10) years actual experience in the building and construction industry and be thoroughly familiar with building, construction, codes, methods and procedures. The board of county commissioners shall hire deputy building and fire inspectors at such compensation and terms as it may prescribe and deem necessary.&nbsp;</span></p> <p><span class="cls0">The building inspector and/or his authorized deputy inspectors shall enforce the provisions of any building and/or fire code adopted pursuant hereto, and shall be authorized to inspect all buildings for the purpose of discharging the duties imposed herein or by any building and/or fire code adopted by the board of county commissioners.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners may adopt all necessary rules and regulations to carry out the purposes of this act, and may prescribe the necessary permits, notices and inspection procedures, and may set and determine the fees therefor. Such fees shall be reasonable and shall be sufficient to meet the expenses of operation of the office of county building inspector.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners shall be authorized to hire other employees necessary for the operation of the office of county building inspector and may expend such sums as it deems reasonable and necessary for equipment and ancillary services therefor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 350, &sect; 2, emerg. eff. June 28, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.46. Agreements with cities.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners is hereby authorized to enter into such agreements as it may deem necessary with any city within its territorial limits for the administration or enforcement of any provisions of this act or any building and/or fire code adopted pursuant to the provisions hereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 350, &sect; 3, emerg. eff. June 28, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.47. Appeals.&nbsp;</span></p> <p><span class="cls0">Any person aggrieved by any order or decision of the building inspector may appeal from the order or decision of the building inspector to the board of county commissioners. Such appeal shall be in writing and filed with the county clerk within ten (10) days after the order or decision is rendered by the building inspector except in cases of emergency. The decision of the building inspector shall be final in cases of emergency which in his opinion involve imminent danger to human life or health. He shall promptly cause such building, structure, or portion thereof to be made safe or removed. He is further authorized to vacate all occupants of the unsafe building or structure and any adjacent structures, as he may deem necessary. Appeals hereunder shall be on forms provided by the building inspector and shall state the grounds of appeal. On such appeals the board of county commissioners shall have the power to affirm, limit, modify or reverse the order or decision of the building inspector and where there are practical difficulties or unnecessary hardships resulting from the strict enforcement of provisions of the code, the board of county commissioners shall have the power, in a specific case, to vary any such provision in harmony with its general purpose and intent so that the public health, safety, convenience, prosperity and general welfare may be secured and substantial justice done; provided that any such permitted variations shall not be construed as amending the code or as a waiver of any of the other provisions hereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 350, &sect; 4, emerg. eff. June 28, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19863.48. Penalties Injunction.&nbsp;</span></p> <p><span class="cls0">Violation of any of the provisions or conditions of this act or of any building and/or fire code adopted hereunder shall be punishable by a maximum fine of One Hundred Dollars ($100.00) and/or imprisonment for a maximum period of thirty (30) days upon conviction thereof. Each day shall constitute a separate violation.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners or the building inspector shall be entitled to bring any action at law or equity including action for injunction to restrain, restrict and/or prohibit the threatened or existing violation of any of the provisions of this act or of any building and/or fire code adopted hereunder.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 350, &sect; 5, emerg. eff. June 28, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.1. Joint citycounty electrical examining and appeals board Authorization.&nbsp;</span></p> <p><span class="cls0">For the purpose of cooperating with the State of Oklahoma in conserving the natural resources of the state and in promoting the health, safety, peace, morals, and general welfare of the people of the state, there may be provided in any county of the State of Oklahoma having within its boundaries a city having a population of one hundred eighty thousand (180,000) or more, according to the last preceding Federal Decennial Census or any future Federal Census, a city or cities and county electrical examining and appeals board, in the manner herein provided, and for the purpose there is hereby authorized to be created in each of such counties a joint citycounty electrical examining and appeals board with the respective powers and duties as set out in this act; provided, however, this act shall not apply to any county containing any such city if that city includes territory in more than four counties.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 1, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.2. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purpose of this act the following words shall have the following meanings:&nbsp;</span></p> <p><span class="cls0">a. "Joint electrical examining and appeals board" shall be held to mean the joint citycounty electrical examining and appeals board hereinafter referred to.&nbsp;</span></p> <p><span class="cls0">b. "Electrical inspector" shall be held to mean and include the electrical inspector of any city, county or metropolitan area within the terms of this act, or any of his duly authorized assistants.&nbsp;</span></p> <p><span class="cls0">c. "Class A electrical contractor" shall be held to mean any person, firm or corporation licensed to engage in the business of wiring, rewiring, installing, repairing or altering any electrical wiring, or installing or repairing any electrical apparatus or electrical appliances in any city, county or metropolitan area. Class A electrical contractor shall not include persons, firms, or corporations engaged in the business of selling or offering electrical materials, electrical apparatus and electrical appliances for sale to the public that are not installed by such persons, firms or corporations. The governing bodies of any city and county within the terms of this act may, for good cause shown and in the public interest, after public hearing, establish subdivisions of this classification. The license should be endorsed by the board to show the classification or type of work the license would be limited to.&nbsp;</span></p> <p><span class="cls0">d. "Class A journeyman electrician" shall be held to mean any person licensed to engage in the work of wiring, rewiring, installing, repairing or altering any electrical wiring or actually engaged in installing or repairing any electrical apparatus or electrical appliances in any city, county or metropolitan area within the terms of this act. The governing bodies of any city and county within the terms of this act may, for good cause shown and in the public interest, after public hearing, establish subdivisions of this classification. Any such subdivision license shall be endorsed by the board to show the classification or type of work authorized thereunder.&nbsp;</span></p> <p><span class="cls0">e. "Class B electrical contractor" shall be held to mean any person, firm, or corporation licensed to engage in the business of wiring, rewiring, installing, repairing, or altering any electrical wiring or installing or repairing any apparatus or electrical appliances in any singlefamily residence building within any city, county or metropolitan area within the terms of this act.&nbsp;</span></p> <p><span class="cls0">f. "Class B journeyman electrician" shall be held to mean any person licensed to engage in the wiring or installing or repairing of any electrical apparatus or electrical appliances or electrical wiring within any building constructed for and designated to be used as a singlefamily residence in any city, county or metropolitan area within the terms of this act.&nbsp;</span></p> <p><span class="cls0">g. "Appliance repair shop" shall be held to mean any person, firm or corporation licensed to engage in the business of repairing, altering or otherwise modifying, replacing or changing the function or parts of electrical appliances.&nbsp;</span></p> <p><span class="cls0">h. "Electrical appliance repairman" shall be held to mean any person licensed to engage in the business of actually making repairs, alterations or otherwise actually doing the work of modifying, repairing or changing the function or parts of electrical appliances.&nbsp;</span></p> <p><span class="cls0">i. "Electrical sign contractor" shall be held to mean any person, firm or corporation licensed to engage in the business of manufacturing, assembling, wiring, rewiring, installing, erecting, repairing or altering interior or exterior electric signs.&nbsp;</span></p> <p><span class="cls0">j. "Journeyman sign electrician" shall be held to mean any person licensed to engage in the business of performing the assembling, wiring, rewiring, installing, erecting, repairing or altering interior or exterior electric signs.&nbsp;</span></p> <p><span class="cls0">k. "Motor shop" shall be held to mean any person, firm or corporation licensed to engage only in the business of the assembling, wiring, rewiring, installing or repairing electric motors, generators and transformers.&nbsp;</span></p> <p><span class="cls0">l. "Apprentices and/or helpers" shall be held to mean any unlicensed person who assists a licensed contractor or licensed electrician in doing the actual work that such electrician or contractor is qualified and permitted by license to do.&nbsp;</span></p> <p><span class="cls0">m. "Certificate of competency" shall be held to mean a certificate issued to any person who has been certified by the board, under the terms of this act, as possessing the skills and knowledge qualifying him as competent to do and perform those acts authorized and permitted by the classification for which the certificate is issued.&nbsp;</span></p> <p><span class="cls0">n. "Metropolitan area" shall include all territory within the limits of any city or county within the provisions of this act.&nbsp;</span></p> <p><span class="cls0">o. "Transfer of license" shall be held to mean allowing the use of a license or certificate of competency, directly or indirectly, by any other person, firm or corporation, for the purpose of obtaining a permit to do any electrical work covered by this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 2, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.3. Creation Board Duties Review of Decisions Expenses of operation.&nbsp;</span></p> <p><span class="cls0">Joint citycounty electrical examining and appeals board:&nbsp;</span></p> <p><span class="cls0">a. The board of county commissioners and the governing body of any city having a population of one hundred eighty thousand (180,000), or more, according to the last preceding Federal Decennial Census or any future Federal Census, may, by an agreement in writing, create a joint citycounty electrical examining and appeals board. The agreement may contain such provisions for the creation and manner of dissolution of the board and such other matters as may be agreed upon, and shall provide for the appropriations to be made by the city and county for the operation of the board. Where used herein, the term board shall have reference to the joint citycounty electrical examining and appeals board unless otherwise specifically noted.&nbsp;</span></p> <p><span class="cls0">The board shall be composed of seven (7) members. Two members shall be required to be holders of certificates of competency as Class A electrical contractors. Two members shall be holders of certificates of competency as Class A journeyman electricians. The board of county commissioners shall appoint one person certified as Class A electrical contractor and one person certified as a Class A journeyman electrician. The governing body of the city shall appoint one person certified as a Class A electrical contractor and one person certified as a Class A journeyman electrician. The remaining three members shall be appointed by the governing body of the city with the consent of the board of county commissioners, provided however, that if the governing body of the city and the board of county commissioners do not concur in such appointments within thirty (30) days of any such vacancy the appointments may be made by a majority of the members of the board. One member of said board shall be a registered professional engineer with experience or training in the field of electrical engineering, one member of said board shall be a lawyer admitted to practice before the courts of this state, and one member shall be a licensed architect. The initial terms of the Class A electrical contractors and the Class A journeyman electricians appointed by the governing body of the city and appointed by the board of county commissioners shall be for a period of two (2) years and the initial term of the remaining three appointments shall be for a term of one year. The term of such initial appointees and of all subsequent appointees of the city and county shall expire as of July 31 of that calendar year in which the terms expire, regardless of the calendar date upon which the appointments are made. Subsequent appointments of the city and county shall be for terms of two (2) years, except in the case of an appointment to fill a vacancy in the membership of the board which latter appointment shall be for the unexpired term of the member whose death, resignation, or removal has created the vacancy. Following the expiration of the term for which he was appointed, any member shall continue to serve until his successor has been appointed and qualified; provided, however, that no person shall serve more than two successive terms as a member of said board.&nbsp;</span></p> <p><span class="cls0">A quorum of such board necessary to conduct business or take action of a discretionary nature shall be four members.&nbsp;</span></p> <p><span class="cls0">b. It shall be the duty and within the authority of said board to perform any or all of the following acts:&nbsp;</span></p> <p><span class="cls0">(1) To give written examinations to persons desiring to obtain a certificate of competency to engage in or work at that phase or classification of the electrical business designated and as the same is herein defined as to the applicant's skill and knowledge and entitlement to such certificate of competency.&nbsp;</span></p> <p><span class="cls0">(2) To reexamine any applicant who fails to pass an examination required herein. Provided, however, that such person will be ineligible for reexamination until the expiration of ninety (90) days from the date of such prior examination. Payment of the examination fees established herein must be made for each separate examination or reexamination.&nbsp;</span></p> <p><span class="cls0">(3) To hear appeals on technical disputes arising between the inspectors of the city, county or metropolitan area and electrical contractors, property owners or lessees, as to the interpretation and effect of the electrical code as the same is established.&nbsp;</span></p> <p><span class="cls0">(4) To prepare and issue interpretative opinions relative to the technical aspects of the electrical code, but to perform this function only in the event some real dispute has arisen between affected parties.&nbsp;</span></p> <p><span class="cls0">(5) To act as a permanent code committee and to investigate and suggest to the proper legislative authority such changes in the electrical code as may be desirable.&nbsp;</span></p> <p><span class="cls0">(6) To formulate its own rules and regulations pertaining to procedure within the limits set forth in this act, provided all examinations required herein upon which a determination or conclusion is reached by the board shall be reduced to writing subject to review in accordance with provisions hereof and not otherwise in conflict therewith.&nbsp;</span></p> <p><span class="cls0">(7) To employ necessary clerical personnel subject to the joint approval of the city, county or metropolitan area authority, and to expend funds for necessary technical and professional services and equipment within the limits of appropriations made therefor; all of which shall be subject to the terms and conditions of the agreement creating such board.&nbsp;</span></p> <p><span class="cls0">(8) The board may, upon its own motion or upon a charge in writing by any person, consider charges against any licensee or certificate of competency holder that such person has been guilty of repeated wilful violations of this act or of a transfer of license in violation of this act. At all times and in all proceedings the board shall comply with the provisions of Chapter 8, Title 75, Oklahoma Statutes, otherwise known as the Administrative Procedures Act, and specifically the board shall be required to comply with and have the powers and duties of the provisions of Sections 309 et seq., Title 75, Oklahoma Statutes, in connection with any hearing authorized by this act. If the board finds from the evidence presented that the charges have been sustained by the evidence presented, it shall then file such findings with the district court clerk styled: In Re: The matter of the suspension or revocation of the license or certificate of competency of "__________", (inserting the name of the person, firm or corporation so charged). Such matter shall be docketed and considered as any other civil matter within the equity jurisdiction of the district court. The matter shall be considered de novo by the district court. The charges and findings of the board filed with the district court clerk and any response or answer filed by the person, firm or corporation so charged shall constitute the issues for trial by the district court. If the district court finds that the evidence sustains the charges, the district court may suspend, revoke, or impose sanctions upon the license or certificate of competency of any person, firm or corporation found guilty of such charges, and provided for the conditions for the reinstatement, restoration or removal of sanctions as a part of any such judgment.&nbsp;</span></p> <p><span class="cls0">(9) To issue, reissue or renew licenses, under the terms of this act, and to receive and account for all license and examination fees paid to it. Funds so received shall be deposited as provided in the agreement establishing the board.&nbsp;</span></p> <p><span class="cls0">(10) Proceedings of the board shall be in writing with minutes kept of all meetings, both regular and special. Copies of proceedings, including findings, determinations and interpretations shall be public records, and all meetings, both regular and special, shall be open to the public, except during those meetings when the examination of applicants for certificates of competency are being conducted or personnel matters are being considered.&nbsp;</span></p> <p><span class="cls0">c. Any ruling, requirement, decision or interpretation of the board shall be final and binding upon all parties thereto unless appealed to the district court of competent jurisdiction within fifteen (15) days from the rendition of such rule, requirement, decision or interpretation, in the manner and form now provided by statute for appeals generally. In the event of an appeal, any party aggrieved by the action of the board shall serve a copy of the petition of appeal upon the secretary or any member of the board within fifteen (15) days following the action from which an appeal is taken.&nbsp;</span></p> <p><span class="cls0">Any appeal from a judgment, decision, action or determination of the board considered by the board under the provisions of Section 3, subsection b., (3), of this act in regard to technical disputes shall be to the district court sitting as an appellate tribunal. All other appeals shall be to the district court for hearing and trial de novo.&nbsp;</span></p> <p><span class="cls0">Any contractor, property owner or lessee who appeals the decision of the board relating to electrical code requirements to the district court must, upon order of the district court, file with the clerk of the district court a bond in an amount as determined by the district court to be sufficient to place the work in condition to satisfy the requirements of the code. Upon failure to file a bond as herein required, the appeal shall be dismissed. Anyone taking an appeal from the board must pursue the appeal diligently and in the event the appeal is not heard within six (6) months, due to failure of the appellant to diligently pursue the appeal, the court shall thereupon dismiss said appeal with prejudice and order the action appealed from enforced.&nbsp;</span></p> <p><span class="cls0">d. The filing of a notice of appeal from a decision of the electrical inspector or the board shall stay any order of the electrical inspector or board if such order is based upon a technical violation of the electrical code. If the board or a court of competent jurisdiction shall determine that such order is based on a present and immediate danger to life and property, then any appeal as permitted herein shall not stay the order of the electrical inspector, provided, however, that any such order shall be made in writing and served on the affected parties.&nbsp;</span></p> <p><span class="cls0">e. The expenses of operating the board shall be provided for under the terms of the agreement creating such board. Necessary funds will be appropriated by the city or county, or both, as the case may be, for the purpose of defraying approved operating expenses. The manner in which claims shall be presented and approved for payment shall be provided by the agreement creating the board. Members of the board shall be compensated for attendance at meetings in an amount fixed by the agreement creating the board not to exceed Fifteen Dollars ($15.00) per diem, and such compensation shall be limited to two meetings per calendar month.&nbsp;</span></p> <p><span class="cls0">f. All actions, decisions and opinions of the board which have become final shall be binding upon the electrical inspectors and upon all of the parties to the proceeding in which the action, decision or opinion has been given, shall remain in force and be binding thereafter until otherwise changed, overruled, modified or cancelled.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 3, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.4. Certificates of competency Examinations.&nbsp;</span></p> <p><span class="cls0">No person shall be issued a certificate of competency as a Class A electrical contractor, Class B electrical contractor, appliance repair shop, electrical sign contractor, motor shops, Class A journeyman electrician, Class B journeyman electrician, journeyman sign electrician, or electrical appliance repairman until he has passed an examination by the joint electrical examining and appeals board, except as herein provided. Said board shall meet within ten (10) days after its appointment and shall then designate the time and place for the first examination of all applicants desiring to secure certificates.&nbsp;</span></p> <p><span class="cls0">Said board shall examine applicants for certificate of competency as Class A electrical contractors or Class A journeyman electricians, as to their practical knowledge of electrical wiring, the installation of same, the installation of electrical appliance or fixtures, and the operation and control of electrical systems.&nbsp;</span></p> <p><span class="cls0">Applicants for certificate of competency as Class A electrical contractors shall further be required to present evidence of five (5) years' actual electrical experience. Applicants for certificate of competency as Class A journeyman electricians shall further be required to present evidence of three (3) years' actual electrical experience. A credit shall be allowed, however, of not to exceed one (1) year for Class A and Class B electrical contractor applicants, electrical sign contractor applicants, and Class A and Class B journeyman electrician applicants for time spent as a student in a program of electrical study or training at a school approved by the board. Such board approval shall not be required, however, with respect to publicly supported technology center schools.&nbsp;</span></p> <p><span class="cls0">All other applicants for certificates of competency shall be examined as to their practical knowledge of the installation, maintenance and repair of the appliances, equipment, apparatus and systems permitted to be worked on under the certificate which they seek. All examinations shall be written. If the applicant demonstrates his competency in that phase of the trade for which a certificate of competency is sought the board shall issue a certificate of competency to such applicant authorizing him to engage only in such electrical work described in said certificate upon compliance with the conditions of any other section herein relating thereto.&nbsp;</span></p> <p><span class="cls0">All certificates shall be signed by the chairman of said board and attested by the secretary and shall show the date of passage of the examination or, if issued without examination as herein provided, the reason therefor, the name of the person and the class of work authorized. Such certificate shall be issued only for the year in which it is dated and shall expire on December 31 of the year for which issued. Certificates shall be numbered consecutively and the examining board and the electrical inspector shall keep a record of all such certificates issued.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any certificate of competency or license holder to transfer his certificate or license or to allow it to be used directly or indirectly by any other person.&nbsp;</span></p> <p><span class="cls0">Licensed contractors shall employ workmen licensed in the category of the contractor's work classification.&nbsp;</span></p> <p><span class="cls0">Any certificate of competency or license heretofore issued by a city of this state having a population of one hundred eighty thousand (180,000), or more, according to the last Federal Decennial Census, or by a joint examining and/or appeals board created under any previous act, shall be recognized for the balance of the year of its issue by the joint electrical examining and appeals board in the county in which such city or joint board shall have been located. Such certificates or licenses shall be subject to renewal without further examination upon payment of the regularly established renewal fee in the same manner as if such certificate or license had been originally issued by the joint electrical examining and appeals board to which it is presented for renewal.&nbsp;</span></p> <p><span class="cls0">In any county not heretofore covered by a statutory electrical code, any person who has been engaged in the work as a Class A journeyman electrician, Class B journeyman electrician, sign electrician, electrical appliance repairman or the work and business of a Class A electrical contractor, Class B electrical contractor, electrical sign contractor, motor shop or appliance repair shop, as such classifications are defined herein, within any county subject to the provisions of this act, for a period of at least two (2) years, immediately preceding July 5, 1965, shall, upon proof of such work, be issued a certificate of competency by the joint electrical examining and appeals board without examination and upon such person's payment of all fees as provided herein, and provided further that the application therefor is made within sixty (60) days after the creation of the joint electrical examining and appeals board. The latternamed group shall be granted such certificates of competency without regard as to whether they have ever been licensed in any municipality or not.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 4, emerg. eff. July 5, 1965. Amended by Laws 1971, c. 299, &sect; 1, emerg. eff. June 24, 1971; Laws 2001, c. 33, &sect; 18, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.5. Examination fees Renewals.&nbsp;</span></p> <p><span class="cls0">The fee for the examination and issuance of the initial certificate of competency shall be Twenty Dollars ($20.00) for a Class A electrical contractor, Class B electrical contractor, appliance repair shop, electrical sign contractor or motor shop, and Ten Dollars ($10.00) for each of the following: Class A journeyman electrician, Class B journeyman electrician, electrical appliance repairman, journeyman sign electrician.&nbsp;</span></p> <p><span class="cls0">Such fees shall be paid to the joint electrical examining and appeals board for the use and benefit of the city and/or county on such terms and conditions as they may provide and the articles of agreement referred to herein. Such fees shall be paid before any applicant will be permitted to take any examination. When good cause is shown the fees provided by this section may be increased or decreased from time to time by mutual agreement of the city and county.&nbsp;</span></p> <p><span class="cls0">The certificate of competency provided herein, once issued, shall be subject to renewal without further examination on an annual basis upon payment of the renewal fee to said joint board in the amount of Ten Dollars ($10.00) for a Class A electrical contractor, Class B electrical contractor, appliance repair shop, electrical sign contractor or motor shop, and Five Dollars ($5.00) for each of the following: Class A journeyman electrician, Class B journeyman electrician, electrical appliance repairman, journeyman sign electrician. If the renewal fee is not paid the certificate and all rights thereunder shall expire upon the conclusion of term of issuance. The period of issuance shall not exceed one year. An expired certificate shall be reinstated within one year from the date of expiration thereof without further examination upon application therefor and payment of the renewal fee; provided further, that any such holder of a certificate of competency must qualify by examination as provided herein before reissuance of any such certificate which has been allowed to lapse or expire for a period of more than one year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 5, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.6. Apprentices Registration Limitations.&nbsp;</span></p> <p><span class="cls0">All apprentices as herein defined shall be registered with the citycounty electrical examining and appeals board. No fee shall be required for such registration and no test shall be required for such registration. The citycounty electrical examining and appeals board, upon acceptance of such registration, shall issue a certificate of registration to each registrant. Such registration shall authorize such apprentice to do electrical work, provided such work is done under the direct personal supervision of a licensed journeyman at all times. Such supervision shall be defined as the doing of work within sight and audible communication with a journeyman electrician. No work shall be done by an apprentice when not in the presence of and under the supervision of a journeyman. No more than three apprentices shall perform electrical work at the same time under the supervision of one journeyman electrician. All apprentice registrations and certificates shall expire on the 31st day of December of the year in which they are issued.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 6, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.7. Classes of licenses.&nbsp;</span></p> <p><span class="cls0">The following classes of licenses are hereby established for the city, county or metropolitan area as herein defined and the annual fee therefor shall be as follows:&nbsp;</span></p> <p><span class="cls0">a. Class A electrical contractor, One Hundred Dollars ($100.00) per year.&nbsp;</span></p> <p><span class="cls0">b. Class B electrical contractor, One Hundred Dollars ($100.00) per year.&nbsp;</span></p> <p><span class="cls0">c. Motor shop, Fifty Dollars ($50.00) per year.&nbsp;</span></p> <p><span class="cls0">d. Electrical sign contractor, Fifty Dollars ($50.00) per year.&nbsp;</span></p> <p><span class="cls0">e. Appliance repair shop, Fifty Dollars ($50.00) per year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 7, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.8. Bond.&nbsp;</span></p> <p><span class="cls0">Any person desiring an electrical license of any kind, as above provided, shall make and file with the city auditor or clerk of the affected city or the county clerk of the county as herein defined, a good and sufficient bond executed by a surety company authorized to transact business in the State of Oklahoma and engage himself thereon in the amount set forth, to wit:&nbsp;</span></p> <p><span class="cls0">a. Class A electrical contractor, the amount of the bond shall be Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">b. Class B electrical contractor, the amount of the bond shall be Three Thousand Dollars ($3,000.00).&nbsp;</span></p> <p><span class="cls0">c. Motor shops, the amount of the bond shall be One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p><span class="cls0">d. Electrical sign contractor, the amount of the bond shall be Five Thousand Dollars ($5,000.00).&nbsp;</span></p> <p><span class="cls0">e. Electrical appliance repair, the amount of the bond shall be One Thousand Dollars ($1,000.00).&nbsp;</span></p> <p><span class="cls0">Said bond shall guarantee the performance on the part of the principal of all work in strict accord with requirements of this act, the payment of fees or other charges due to the city, county or metropolitan area, the replacing of all faulty or defective materials or workmanship installed by principal, or by some person for or on behalf of said principal, when notified to do so by the electrical inspector of said city, county or metropolitan area and said bond shall be further conditioned that, in the event the principal does not perform and discharge all duties and obligations resting upon him, he shall be liable in the first instance and suit may be brought directly upon said bond jointly and/or severally with said surety company by any person injured or damaged as a result of such principal's failure to comply with the provisions and requirements of the ordinance relating to such work.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 8, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.9. License Application.&nbsp;</span></p> <p><span class="cls0">No person, firm or corporation shall engage in the business of wiring, rewiring, installing, repairing or altering any electrical wiring or installing or repairing any electrical apparatus, appliance or fixtures of any kind or description within the limits of any city, county or metropolitan area within the provision of this act without securing from the joint electrical examining and appeals board, herein authorized, a license. Any person desiring a license shall file with the said board an application showing the name of the person, firm or corporation in whose name said license is to be issued, the kind of license applied for, the name of the certificate holder under whose supervision work will be done, the number and date of such certificate, and such further information as may be required by the board. Said license shall bear the name of the certificate holder on the face of the license. All applications shall be signed by the applicant or a member of the firm or an authorized officer of the corporation making the application, and shall also be signed by the holder of the supporting certificate and the certificate shall be attached to the application. The board, if it finds said application is proper and in accordance with law, shall approve said application and retain the certificate for its file upon furnishing the applicant with a proper receipt therefor. If said certificate is withdrawn by the owner thereof, said license shall become inoperative and no further permits shall be issued by the electrical inspector to such license. Such license may be reinstated and rendered operative by the filing with the board of another proper certificate of the joint electrical examining and appeals board.&nbsp;</span></p> <p><span class="cls0">No certificate of competency holder shall be entitled to have operative more than one license in any classification under this act at any given time. The certificate of competency holder shall notify the board immediately of any change affecting his certificate or license. The holder of a certificate of competency must at all times be directly associated with the licensee and be in a position to control or supervise work performed by the firm licensed under his certificate of competency. Continued or recurring absence from the city, county or metropolitan area by the certificate holder during times when jobs or work is being performed by the licensee shall be deemed prima facie evidence that such certificate holder is not exercising the control or supervision herein required.&nbsp;</span></p> <p><span class="cls0">In the event of the death of a certificate holder who has been licensed as an individual, or in the event of the death, disability or withdrawal of that person holding the certificate upon which a license has been issued to a partnership or a corporation, the estate of the deceased individual, the surviving partners or the corporation, as the case may be, shall be permitted to complete all work then in progress. The estate, the surviving partners or the corporation shall have a one-hundred-twenty-day period within which to affiliate another certificate holder if it desires to continue to conduct business under the license then in effect. If such affiliation occurs, the license shall remain valid and renewable; if such affiliation does not occur, the license shall expire at the end of the one-hundred-twenty-day period, and shall not authorize the performance of any work other than uncompleted work which was in progress at the time of the death, disability or withdrawal of the certificate holder.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 9, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.10. Electrical inspector Selection Duties.&nbsp;</span></p> <p><span class="cls0">There is hereby authorized the creation of the office of "electrical inspector" of the county or metropolitan area as defined herein. Such electrical inspector shall be a person familiar with all types of electrical installations and methods and shall be familiar with the electrical code of any affected municipality or county and shall have ten (10) years' practical experience in electrical work as a contractor, engineer or Class A journeyman electrician, and shall be licensed by the joint electrical examining and appeals board.&nbsp;</span></p> <p><span class="cls0">A city electrical inspector shall be appointed by the governing body of the city, a county electrical inspector shall be appointed by the board of county commissioners and a metropolitan electrical inspector shall be appointed in accordance with any written agreement executed by the governing body of the city and board of county commissioners creating such office. The governmental unit or units authorized to make such appointments may employ such deputy electrical inspectors who shall possess the same qualifications, for such terms and at such compensation as the affected governmental unit or units shall determine.&nbsp;</span></p> <p><span class="cls0">It shall be the duty of any such electrical inspector and/or any such deputy electrical inspectors to inspect all electrical installations on new construction and on changes, revisions or remodeling of existing structures lying within the jurisdiction of the appointing governmental unit or units, to determine that all such installations are in strict conformity with the requirements of this act and to determine that all such installations are performed by competent licensed workmen, according to the qualifications herein contained; provided, any person who shall make a false affidavit in order to obtain electrical inspection shall be guilty of perjury and, upon conviction thereof, shall be punished as provided by the statutes of this state relating to the crime of perjury. Nothing contained herein should be construed as exempting any unlicensed individual who is otherwise authorized from the payment of regular inspection fees, or as exempting his electrical work from compliance with the same standards of safety as are applied to the inspection of electrical work by a licensed workman.&nbsp;</span></p> <p><span class="cls0">Any electrical inspector of the appropriate jurisdiction shall have the authority to condemn any electrical wiring which is unsafe within any city, county or metropolitan area within the terms of this act, provided, however, that a county electrical inspector shall not have jurisdiction in the corporate limits of or upon property owned by any city having established an electrical inspection department. Such city shall have jurisdiction upon property owned by it whether located within or without its corporate limits. Provided further, that nothing herein contained shall be construed as extending the jurisdiction of any inspector of a city having a population in excess of one hundred eighty thousand (180,000) persons, the county or metropolitan inspector to areas within the corporate limits of cities or towns having a population less than one hundred eighty thousand (180,000) persons and located within any affected county.&nbsp;</span></p> <p><span class="cls0">Notices shall be mailed to the property owner specifying any necessary changes and a reasonable amount of time shall be given any such owner to comply with the inspector's decision, and a copy of the notice shall be filed with the utility supplying electrical service. If compliance with the inspector's decision has not been completed on or before the expiration of the time allowed, the inspector shall have the authority to have the electrical service of such property disconnected.&nbsp;</span></p> <p><span class="cls0">The affected governmental unit or units of any such county shall determine and fix the reasonable fees to be charged for inspections, which fees shall be sufficient to meet the expenses of operation of the office or offices of the electrical inspector. All of such inspection fees shall be payable to the general fund of the authorizing and supervising governmental unit or units.&nbsp;</span></p> <p><span class="cls0">The electrical inspector shall adopt such rules in regard to the method of inspection and the time thereof as may be necessary and proper to carry out the intent of this act, but all of such rules and regulations shall be in strict accordance with the terms of this act. After notice is received by the office of the electrical inspector of the desire by any person for an electrical inspection, the same shall be accomplished as soon as practicable. No public utility shall furnish electrical service until such work has been inspected and approved.&nbsp;</span></p> <p><span class="cls0">The chief electrical inspector of the city, county or metropolitan area shall have the authority to designate one person, qualified as an electrical inspector as provided herein, to act as an investigator for the purpose of enforcing the provisions of this statute. Such person shall be responsible for presenting all cases of violations to the city or district courts for prosecution. He shall be bonded and shall carry a commission for this purpose.&nbsp;</span></p> <p><span class="cls0">No electrical inspector shall accept any gratuity for any services performed, acts of commission or omission in connection with the duties and obligations charged to be performed by his office, or be connected in any way with any person, firm or corporation engaged in the business of electrical contracting of any classification.&nbsp;</span></p> <p><span class="cls0">Upon the application of any municipality which lies wholly or partly within the county or metropolitan area and which is not otherwise covered by this act, and upon the authorization of the board of county commissioners, and the governing body of the city if a metropolitan electrical inspection office has been created, the electrical inspector may inspect electrical installations in such excluded municipality, provided that such municipalities shall collect and pay to the general fund of the county a fee for each inspection in an amount determined by the board of county commissioners.&nbsp;</span></p> <p><span class="cls0">This act shall apply to all counties having a population of over three hundred thousand (300,000) according to the last decennial census.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 10, emerg. eff. July 5, 1965. Amended by Laws 1968, c. 251, &sect; 1, emerg. eff. April 26, 1968; Laws 1983, c. 102, &sect; 1, emerg. eff. May 9, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.11. Manner of installation.&nbsp;</span></p> <p><span class="cls0">All electrical wiring, materials, equipment and the methods of installation thereof, in every county or metropolitan area subject to the provisions of this act, shall be installed, furnished and used in such manner as to protect the safety of all persons and property affected thereby. Compliance with the electrical code of any city having a population of one hundred eighty thousand (180,000), or more, according to the last Federal Decennial Census or any future Federal Decennial Census, which city is located in the county of inspection, shall be deemed to be prima facie evidence of compliance with this act.&nbsp;</span></p> <p><span class="cls0">If the electrical code of any such city, as defined in this section, or any electrical code which may be adopted by the board of county commissioners by virtue of the authority hereinafter granted, contains no specific standards as to the manner of electrical wiring, materials, equipment and the methods of installation thereof, compliance with the statutes of this state pertaining to the installation of electrical materials and equipment and conformity with the regulations set forth in then current National Electrical Code which is the standard of the National Board of Fire Underwriters for electrical wiring and apparatus, as recommended by the National Fire Protection Association and approved by the American Standards Association, shall be prima facie evidence of conformity with approved standards of safety to persons and property and of compliance with this act.&nbsp;</span></p> <p><span class="cls0">In the event that a board of county commissioners of any county or the governing body of any city affected by this act fails to enter into an agreement authorized under this act with a city or county, as the case may be, or if such an agreement is terminated, the governing body of any city or the board of county commissioners of such county is hereby granted the authority to adopt an electrical code for the city or county, as the case may be. Such code shall not be adopted by the board of county commissioners until after it has held a public hearing at which all interested persons have been permitted to appear to express their views as to what provisions the code should contain. Public notice of such hearing must be given by the board of county commissioners by publication in its proceedings at least thirty (30) days prior to the date of said hearing. From and after the effective date of any county electrical code adopted by the board of county commissioners under the authority created herein, all electrical installations within the unincorporated area of the county must be made to conform therewith. Such code shall afford safety to persons and property from hazardous electrical installations, but shall not unduly restrict owners in the improvement of their property.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 11, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.12. Manufacturers and assemblers.&nbsp;</span></p> <p><span class="cls0">Manufacturers or assemblers of electrical equipment shall not be subject to the provisions of this act in regard to any work involved in the manufacture, test, alteration, maintenance or repair by the manufacturers or assemblers of electrical materials, devices, appliances or apparatus, except that nothing herein contained shall exempt any manufacturer or assembler from compliance with any applicable electrical installation code in his plant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 12, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.13. Annexed territory.&nbsp;</span></p> <p><span class="cls0">The inspection of electrical work as herein provided on improvements under actual construction in territory annexed by any city shall be continued by the county inspector until the completion of such work, and the regular inspection fees shall be paid to the county regardless of such annexation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 13, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.14. Exceptions.&nbsp;</span></p> <p><span class="cls0">The provisions of this act shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Buildings owned by the federal government.&nbsp;</span></p> <p><span class="cls0">2. Installation, alteration or repair of electrical equipment and devices by municipalities for street lighting or traffic signal systems.&nbsp;</span></p> <p><span class="cls0">3. Vehicles, boats or airplanes.&nbsp;</span></p> <p><span class="cls0">4. Integral parts of communications systems of telephone or telegraph companies.&nbsp;</span></p> <p><span class="cls0">5. Communications systems of railroads or pipeline companies, or oil or gas producers.&nbsp;</span></p> <p><span class="cls0">6. Public utilities systems subject to the regulations of the Corporation Commission and rural electric cooperatives in the generation, transmission and distribution of electricity.&nbsp;</span></p> <p><span class="cls0">7. Persons performing electrical work on integral components of equipment for which they have been otherwise qualified by examination of other competent bodies.&nbsp;</span></p> <p><span class="cls0">8. Any person engaged only in the work of operating any of the electrical installation in a factory, refinery, office building, school district, institution of higher learning, hospital or eleemosynary institution or any facility thereof; provided he shall be hired by only one entity and shall not establish an electrical business nor be able to assume any electrical contracting functions.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;9. Elevator construction contractors and/or elevator construction journeymen in those jurisdictions of the city, county or metropolitan area which otherwise provides for licensing and inspection thereof by separate ordinance or resolution, and authority to so exempt and establish such licensing and inspection code by such enactment is hereby granted to such government entities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 14, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.15. Violations.&nbsp;</span></p> <p><span class="cls0">Violation of any of the provisions or conditions of this act shall constitute a misdemeanor and shall be punishable by a maximum fine of One Hundred Dollars ($100.00) upon conviction thereof. Each day shall constitute a separate violation. The electrical inspector shall be entitled to bring any action at law or equity to restrain the threatened or continued violation of any of the provisions of this act relating to electrical codes.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person, firm or corporation to hold himself out, by publication or other means, as qualified to perform work restricted by the terms of this act, unless they are, in fact, so qualified.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 15, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19864.16. Identification of contractors.&nbsp;</span></p> <p><span class="cls0">Every contractor shall have a means of identification which may be either name, license number or certificate of competency number on each and every service vehicle in letters not less than two inches high.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 406, &sect; 16, emerg. eff. July 5, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-865.1. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.2. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.3. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.4. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.5. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.6. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.7. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.8. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.9. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.10. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.11. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.12. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.13. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.14. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.15. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.16. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.17. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.18. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.19. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.20. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.21. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.22. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.23. Repealed by Laws 1963, c. 179, &sect; 5, emerg. eff. June 10, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;19865.51. County planning commission and county board of adjustment authorized.&nbsp;</span></p> <p><span class="cls0">For the purpose of cooperating with the State of Oklahoma in conserving the natural resources of the state, and in promoting the health, safety, peace and general welfare of the people of the state, there may be provided in any county of the State of Oklahoma county planning in the manner herein provided, and for that purpose there is hereby authorized to be created in each of such counties a county planning commission and a county board of adjustment with the respective powers and duties as set out in this act. In no county shall there be at the same time a county planning commission established pursuant to this section and a metropolitan area planning commission established pursuant to Section 866.1 of Title 19 and Section 863.2 of Title 19 of the Oklahoma Statutes. Provided that county commissioners may by proper resolution confer authority to any metropolitan area planning commission located in such county for the purposes of planning for unincorporated areas existing in county. Provided further that any county planning commission created under the provisions of this act shall have no jurisdiction over the area covered by any lake area planning and zoning commission in any county created pursuant to Section 866.36 of Title 19 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 1, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.52. Resolution of board Majority vote of people.&nbsp;</span></p> <p><span class="cls0">Each county of the state which is hereby authorized to avail itself of the provisions of this act is hereby authorized to set up a planning commission by resolution of the board and by a vote of the majority of the people voting at an election called for such purpose in said county and to appropriate funds in the amounts necessary to carry out the purpose of this act. The commission, upon approval of the board, is hereby authorized to contract for, receive and utilize any grants or other financial assistance from the federal or state government or from any other source, public or private, in furtherance of its functions and may incur necessary expenses in obtaining said grants and/or financial assistance within the limits of its appropriations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 2, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.53. Territorial jurisdiction.&nbsp;</span></p> <p><span class="cls0">The territorial jurisdiction of the county, as respects administering and enforcing of rules and regulations as in this act provided, shall be the unincorporated portions of such county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 3, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.54. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purpose of this act, certain terms are defined as provided in this section. Whenever appropriate, the singular includes the plural and the plural includes the singular. "Municipality" or "municipal" shall mean or relate only to incorporated cities and towns. "Board" shall mean the board of county commissioners. "Commission" shall mean the county planning commission. "Area" shall mean all territory included within the jurisdiction of the commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 4, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.55. Commission membership.&nbsp;</span></p> <p><span class="cls0">The commission shall consist of three (3) members appointed by the board of county commissioners and the chairman of the board of county commissioners or a member of the board of county commissioners appointed by the chairman and one member to be appointed by the mayor of each incorporated city or town having a population of one thousand or more according to the last federal census. Members appointed by the board shall serve a term of four (4) years, except that the respective terms of the first three appointed shall be for terms of four (4) years. All members of the commission shall serve as such without compensation. Each appointed member shall be a resident of the area included within the jurisdiction of the commission for a period of three (3) years or more immediately preceding appointment and shall hold no other municipal or county office. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.&nbsp;</span></p> <p><span class="cls0">A member of such commission, once qualified, can thereafter be removed during his term of office only for cause and after a hearing held before the governing body by which he was appointed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 5, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.56. Cooperation and assistance.&nbsp;</span></p> <p><span class="cls0">In the pursuance of its duties, the planning commission may seek the advice, cooperation and collaboration of appropriate federal, state, municipal and other local governmental offices, departments, agencies, and instrumentalities, educational institutions and research organizations, whether public or private, and of civic groups and private persons and organizations. The planning commission also shall cooperate and confer with, and upon request supply information to federal, state, municipal and other local governmental agencies and, so far as possible, cooperate with planning agencies of adjoining areas on matters of mutual interest relevant to its activities. Whenever such cooperation or assistance includes the rendering of technical services, such services may be rendered free or in accordance with an agreement for reimbursement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 6, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.57. Coordinated physical development.&nbsp;</span></p> <p><span class="cls0">The commission may prepare, adopt, and from time to time revise, amend, extend or add to a plan or plans for the development of the area for the purpose of bringing about an orderly, coordinated physical development in accordance with the present and future needs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 7, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.58. Adoption and amendment of plan Notice and hearing Public record.&nbsp;</span></p> <p><span class="cls0">The commission may adopt the plan or plans, in whole or part, and subsequently amend or extend the adoption plan or portions thereof. Before the adoption, amendment, or extension of the plan or portions thereof, the commission shall hold at least one public hearing thereon. Such hearing may be adjourned from time to time. Prior to said hearing or hearings, the commission shall give reasonable notice in all papers of general circulation in the county, stating time, place and purpose of the hearing, and stating where copies of the proposed plan or plans may be acquired. The adoption of the plan or portions thereof shall be by resolution carried by not less than four (4) members of the commission, including the ex officio member thereof. Before such plan or plans or parts thereof shall have the status of an official plan, it shall be submitted to and shall have the approval of the board of county commissioners. The board may approve the plan in whole or in part, or return the plan or any portion thereof to the commission for further consideration. Any part so approved shall immediately become in full force and effect and as to the area covered by the approved portion of such plan. Should the board fail to act upon such plan within fortyfive (45) days from the date of its submission by the commission, such plan shall be deemed to be approved by said board and shall have the status of an official plan or plans for the area. After the adoption of the plan or plans, or part thereof, an attested copy shall be certified by the commission and by the board and shall be certified to the county clerk of such county for safekeeping and as a public record.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 8, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.59. Proposed improvements Recommendations by commission.&nbsp;</span></p> <p><span class="cls0">From and after the adoption of the plan or plans or portion thereof and their proper certification, then and henceforth no improvement of a type embraced within the recommendations of the plan or plans shall be constructed or authorized without first submitting the proposed plans thereof to the commission and receiving the written recommendations of said commission; provided, however, that this requirement shall be deemed to be waived if the commission fails to make its report and recommendations within fortyfive (45) days after the receipt of the proposed plans.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 9, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.60. Rules and regulations for enforcement.&nbsp;</span></p> <p><span class="cls0">The commission is hereby empowered to promulgate and adopt rules and regulations for the implementation and enforcement of plan or plans adopted in accordance with this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 10, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.61. Exemptions.&nbsp;</span></p> <p><span class="cls0">The rules and regulations of this commission shall not apply to the erection of farm homes or the erection or use of the usual farm buildings for agricultural purposes or the planting of agricultural crops.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 11, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.62. County board of adjustment.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any such county shall appoint a county board of adjustment composed of five (5) members, residents of such area, for terms of three (3) years, except that when the first appointment is made hereunder, the terms of office of two of said members shall be two (2) years, and the term of office of one of said members shall be three (3) years. A member of such county board of adjustment, once qualified, can thereafter be removed during his term of office only for cause and after a hearing held before the board of county commissioners. In the event of the death, resignation or removal of any such member before the expiration of his term, a successor shall be appointed by the board of county commissioners to serve his unexpired term. All members of the county board of adjustment shall serve as such without compensation.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment shall elect its own chairman and shall adopt rules or procedures consistent with the provisions of this act. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Four (4) members of the county board of adjustment shall constitute a quorum. All meetings of the county board of adjustment shall be open to the public and a public record shall be kept of all proceedings.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment may, with the approval of the board of county commissioners, appoint such employees as may be necessary and may incur necessary expenses, within the limits of the appropriations authorized by the board of county commissioners.&nbsp;</span></p> <p><span class="cls0">For each petition and for each request for a public hearing, the county board of adjustment shall collect a fee the amount thereof to be fixed by the respective boards of county commissioners which such fees shall be deposited with the county treasurer as required by law, and credited to the general fund of the county, and report thereof made to the board of county commissioners each month. Publication notices and transcripts on appeal shall be paid for by parties requiring or requesting the same.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 12, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.63. Appeals to county board of adjustment.&nbsp;</span></p> <p><span class="cls0">Appeals to the county board of adjustment may be taken by any person aggrieved or by a public officer, department, board or bureau affected by any decision of the county inspecting officer in administering the commission's rules and regulations. Such appeals shall be taken within a period of not more than ten (10) days, by filing written notice with the county board of adjustment and the county inspecting officer, stating the grounds thereof. An appeal from the county board of adjustment shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken shall certify to the board of adjustment that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. The county board of adjustment shall have the following powers and it shall be its duty:&nbsp;</span></p> <p><span class="cls0">To hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by the county inspecting officer in the enforcement of the commission's rules and regulations.&nbsp;</span></p> <p><span class="cls0">In exercising the above powers, such board of adjustment may, in conformity with the provisions of this act, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.&nbsp;</span></p> <p><span class="cls0">In acting upon any appeal, such board of adjustment shall, in its consideration of and decision thereon, apply the principles, standards and objectives set forth and contained in all applicable regulations and plans as adopted.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 13, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.64. Appeals to district court and Supreme Court.&nbsp;</span></p> <p><span class="cls0">An appeal to the district court from any decision, ruling, judgment, or order of said county board of adjustment may be taken by any person or persons, firm or corporation, jointly or severally, aggrieved thereby, or any department, board or official of government by filing with the clerk of said board within ten (10) days a notice of such appeal. No bond shall be required for such appeal, but costs may be required in the district court as in other cases. Upon filing of such notice, the clerk of said board shall forthwith transmit to the clerk of the district court the originals or certified copies of all papers constituting the record in such case, together with the order, judgment or decisions of said board. Said cause shall be tried de novo in the district court and said court shall have the same power and authority as the county board of adjustment, together with all other powers of the district court in law or in equity. An appeal to the Supreme Court from the decision of the district court shall be allowed as in other cases.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 14, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.65. Schedule of fees.&nbsp;</span></p> <p><span class="cls0">The board may establish a schedule of fees for inspections and investigations, which said fees shall be reasonable and proportionate to the services rendered and benefits involved, and shall be paid into the general fund of the county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 15, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-865.66. Notice of public hearings.&nbsp;</span></p> <p><span class="cls0">A. Notice of all public hearings herein provided for shall be given by one publication in a newspaper of general circulation in the municipality and the county at least fifteen (15) days prior to the date of such hearing.&nbsp;</span></p> <p><span class="cls0">B. In addition to the notice required in subsection A of this section, if the zoning change requested permits the use of treatment facilities, multiple family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statutes, the entity proposing the zoning change shall mail a written notice within thirty (30) days of the hearing to all real property owners within one-quarter (1/4) of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice.&nbsp;</span></p> <p><span class="cls0">For purposes of this subsection, "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 16, emerg. eff. April 28, 1970. Amended by Laws 2009, c. 226, &sect; 4, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-865.67. Repealed by Laws 2009, c. 271, &sect; 5.&nbsp;</span></p> <p><span class="cls0">&sect;19-865.67A. Board of county commissioners may establish fines and penalties.&nbsp;</span></p> <p><span class="cls0">A. A board of county commissioners may provide for enforcement of its regulations and establish fines, penalties or other remedies for any offense in violation of its regulations, which shall be recoverable together with costs of suit.&nbsp;</span></p> <p><span class="cls0">B. 1. In addition to other powers and duties prescribed by law, a board of county commissioners shall have the power to establish and enforce fines and penalties for violation of its zoning, subdivision, storm water and floodplain regulations, including the issuance of citations by designated county personnel for violations of its zoning, subdivision, storm water and floodplain regulations. A board of county commissioners may additionally establish that any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a fine or penalty for each ensuing day during which such failure or violation continues.&nbsp;</span></p> <p><span class="cls0">2. In issuing a citation pursuant to this subsection, the county employee shall proceed as follows:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;the employee shall prepare a written citation to appear in court, containing the name and address of the cited person and the violation/offense charged, and stating when the person shall appear in district court. The time to appear specified in the citation shall be at least five (5) days after the issuance of the citation,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;one copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the county employee, and&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;as soon as practicable, one copy of the citation shall be filed with the district court specified therein and one copy delivered to the prosecuting attorney.&nbsp;</span></p> <p><span class="cls0">3. If a person fails to appear in district court at the designated time, a warrant for arrest shall be issued.&nbsp;</span></p> <p><span class="cls0">4. Violations and penalties shall be deemed misdemeanor offenses, punishable by a fine of up to Five Hundred Dollars ($500.00). Jurisdiction is hereby conferred upon the district court within the county.&nbsp;</span></p> <p><span class="cls0">5. Fines and penalties collected pursuant to this subsection shall be deposited in the appropriate county fund.&nbsp;</span></p> <p><span class="cls0">6. Issuance of citations and/or payment of fines or penalties shall in no way preclude other remedies or appropriate action or proceedings to prevent or remove a violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 271, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19865.68. Exclusive control.&nbsp;</span></p> <p><span class="cls0">From and after the time such commission is constituted by the cooperating governmental units, it shall have exclusive control for the purposes herein provided over the territory within the jurisdiction of the county to the exclusion of any other planning agency, provided, however, this does not prevent commissioners from contracting with agencies formed in accordance with Chapter 31, Title 74, of the Oklahoma Statutes for planning services and regulation enforcement assistance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 18, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19865.69. Existing county planning commissions Advisory agency.&nbsp;</span></p> <p><span class="cls0">For the purpose of cooperating with the State of Oklahoma in conserving the material resources of the state, any incorporated city or town within a county having in existence a county planning commission, as authorized in this act, is hereby authorized to contract with or retain such commission to function as an advisory, consultative, and coordinating agency for such city or town in its urban planning activities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1970, c. 324, &sect; 20, emerg. eff. April 28, 1970.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.1. Metropolitan area planning commission County board of adjustment.&nbsp;</span></p> <p><span class="cls0">For the purpose of cooperating with the State of Oklahoma in conserving the natural resources of the state, and in promoting the health, safety, peace, morals and general welfare of the people of the state, there may be provided in any county of the State of Oklahoma in which there is no city having a population of more than two hundred thousand (200,000), according to the last preceding Federal Decennial Census or any future federal census, one or more city and county planning and zoning commissions, in the manner herein provided, and for the purpose there is hereby authorized to be created in each of such counties citycounty cooperative planning commissions, which shall be designated "metropolitan area planning commission", and a county board of adjustment with the respective powers and duties as set out in this act. In the execution of its purposes, such metropolitan area planning commission shall function as an advisory, consultative and coordinating agency, established to harmonize its planning activities with the planning activities of departments, agencies and instrumentalities of federal, state and local government; and to stimulate public interest and participation in the development of the area. As used in Sections 866.1 through 866.36 of this title, the word "city" includes incorporated towns.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 128, &sect;1, emerg. eff. May 31, 1957. Amended by Laws 1959, p. 104, &sect; 1; Laws 1983, c. 303, &sect; 1, emerg. eff. June 23, 1983.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.2. City and county powers.&nbsp;</span></p> <p><span class="cls0">In any county of the state authorized to avail itself of the provisions of this act and form with a city located therein a cooperative planning commission, such city is hereby empowered to adopt, amend, extend, add to or carry out a comprehensive plan for such city under the authority of existing statutes and laws and in addition is hereby authorized to establish a housing code in accordance with the provisions hereinafter set forth in this act, and it may also perform any additional urban planning which is needed including, but not limited to, surveys, land use studies, urban renewal plans, conservation plans, technical service and other planning work.&nbsp;</span></p> <p><span class="cls0">Such county is hereby granted authority to establish zoning regulations, a building code and construction codes and a housing code in accordance with the provisions of this act for all the area located within three (3) miles of such municipality or within onefourth (1/4) mile of any state or federal highway located anywhere in the county, or within onehalf (1/2) mile of any water supply or reservoir owned by the municipality, excluding, however, any incorporated area, except as hereinafter provided; and further provided that such county is hereby granted authority to adopt, amend, extend, add to or carry out within the jurisdictional limits as provided by this act, excluding, however, any incorporated area and any unincorporated town which has been platted for more than ten (10) years, except as hereinafter provided, all additional elements of a comprehensive plan including, but not limited to, plans for major streets and highways and other elements of water, rail, air and land transportation plans, public facilities plans, capital improvement programs, uniform regulations for land subdivision and for the improvements located thereon, building line regulations, urban renewal plans and conservation plans. However, the provisions of this section shall not be construed to prohibit a municipality in a metropolitan area planning commission from creating its own separate planning commission to act within the boundary of the municipality. In every county of this state having an upstream terminal port and turnaround where navigation ends, or in any county containing all or any part of a reservoir or reservoirs constructed by the Bureau of Reclamation, the United States Army Corps of Engineers or by the Grand River Dam Authority, such county is hereby granted authority, at the discretion of the board of county commissioners, to establish zoning regulations, a building code and construction codes and a housing code in accordance with the provisions of this act for all or any part of the unincorporated area within the county, and further provided that such county is hereby granted authority to adopt, amend, extend, add to or carry out, throughout the unincorporated area of the county, additional elements of a comprehensive plan including, but not limited to, plans for major streets and highways and other elements of water, rail, air and land transportation plans, public facilities plans, capital improvement programs, uniform regulations for land subdivision and for the improvements located thereon, building line regulations and conservation plans.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 128, &sect; 2, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 212, &sect; 1, emerg. eff. June 11, 1963; Laws 1963, c. 329, &sect; 1, emerg. eff. June 22, 1963; Laws 1965, c. 403, &sect; 1, emerg. eff. July 5, 1965; Laws 1978, c. 122, &sect; 1, emerg. eff. March 31, 1978; Laws 1982, c. 183, &sect; 1; Laws 1985, c. 33, &sect; 1, eff. Nov. 1, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.3. Funds Grants.&nbsp;</span></p> <p><span class="cls0">Any county of the state which is hereby authorized to avail itself of the provisions of this act and to form with a city located therein a cooperative planning commission may combine a portion of its funds with a portion of the funds of such city, to be expended for the purposes as herein set forth. Each such county and city is hereby authorized to appropriate funds in the amounts necessary to carry out the purpose of this act. The commission, upon approval of the council or board, as the case may be, is hereby authorized to contract for, receive, and utilize any grants or other financial assistance from the federal or state government or from any other source, public or private, in furtherance of its functions and may incur necessary expenses in obtaining said grants and/or financial assistance within the limits of its appropriations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 128, &sect; 3, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.4. Territorial jurisdiction.&nbsp;</span></p> <p><span class="cls0">The territorial jurisdiction of the municipality as respects administering and enforcing of rules and regulations as in this act provided, shall include all territory located in the municipality, and all other territorial jurisdiction for the purpose of administering and enforcing the rules and regulations as in this act provided shall be exercised by the county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 129, &sect; 4, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.5. Establishment of planning commission.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any such county and the city council of such city desiring to avail itself of the provisions of this act shall at any time, set up a metropolitan area planning commission by resolution of the board of county commissioners, entered in the commissioners' journal of proceedings, setting forth its intention to avail itself of the provisions of this act and to enter into an agreement with the municipality for the organization of the metropolitan area planning commission herein provided for and upon such terms and conditions as may be agreed upon.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 129, &sect; 5, emerg. eff. May 31, 1957. Amended by Laws 1997, c. 340, &sect; 2, emerg. eff. June 9, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.6. Definitions.&nbsp;</span></p> <p><span class="cls0">For the purpose of this act, certain terms are defined as provided in this section. Whenever appropriate, the singular includes the plural and the plural includes the singular. "Municipality" or "municipal" shall mean or relate only to incorporated cities and towns. "Council" means the legislative body of the municipality. The term "streets" includes street, avenues, boulevards, roads, lanes, alleys, viaducts, highways and other ways. "Subdivision" and "zoning" are defined as hereinafter provided. "Board" shall mean the board of county commissioners. "Commission" shall mean the metropolitan area planning commission. "Area" shall mean all territory included within the jurisdiction of the commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 129, &sect; 6, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.7. Commission membership Appointment and tenure Compensation Vacancies Removal.&nbsp;</span></p> <p><span class="cls0">The commission shall consist of the following members: four (4) members appointed by the mayor and confirmed by the council; four (4) members appointed by the board of county commissioners which members shall not be residents of any incorporated city or town; and one (1) member appointed by each incorporated city or town within the jurisdiction of the commission. The mayor, or a member of the governing body of the city appointed by the mayor, and chairman of the board of county commissioners, or a member of the board of county commissioners appointed by the chairman, shall be ex officio members of the commission. Members appointed by the mayor shall serve for a term of four (4) years except that the respective terms of the first two appointed shall be for a term of two (2) years and the next two appointed shall be for a term of four (4) years. Members appointed by the board shall serve a term of four (4) years except that the respective terms of the first two appointed shall be for a term of two (2) years and the next two appointed shall be for a term of four (4) years. Members appointed by an incorporated city or town shall serve at the pleasure of the appointing city or town. All members of the commission shall serve as such without compensation. The appointed members shall be residents for a period of three (3) years or more immediately preceding appointment and shall hold no other municipal or county office. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the official appointing the original holder of said membership.&nbsp;</span></p> <p><span class="cls0">A member of such commission, once qualified, can thereafter be removed during his term of office only for cause and after a hearing held before the governing body by which he was appointed.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 129, &sect; 7, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 20, &sect; 1, emerg. eff. March 15, 1963; Laws 1985, c. 33, &sect; 2, eff. Nov. 1, 1985.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.8. Chairman Meetings Rules Employees Fees.&nbsp;</span></p> <p><span class="cls0">The commission shall elect its chairman from its appointed members and fill such other offices as it may determine. The term of the chairman shall be one (1) year. The commission shall hold at least one (1) meeting each month and all meetings shall be open to the public. It shall adopt rules for the transaction of business and keep a complete record of its functions and activities, which record shall be a public record. The commission may appoint such employees as it may deem necessary and may establish a schedule of fees to cover the various services as it may require within the limits of its appropriations and may incur necessary expenses, all subject to the approval of the appropriate governing bodies. The commission may, to the extent authorized by the charter or ordinances of any city or town in the county, act as the planning commission for such city or town or lend planning assistance under such mutual arrangement for the sharing of expenses as may be agreed upon.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 129, &sect; 8, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.9. Submission of proposals and plans Advice and cooperation of other agencies.&nbsp;</span></p> <p><span class="cls0">To facilitate effective and harmonious planning of the metropolitan area, the boards and the councils concerned and other county, municipal and local governmental agencies concerned shall submit to the metropolitan planning commission all proposals for plans and amendments or revisions thereto, as well as other proposals, recommendations and reports on matters with which the planning commission is concerned. In the pursuance of its duties, the metropolitan planning commission may seek the advice, cooperation and collaboration of appropriate federal, state, municipal and other local governmental offices, departments, agencies, and instrumentalities, educational institutions and research organizations, whether public or private, and of civic groups and private persons and organizations. The planning commission also shall cooperate and confer with, and upon request supply information to, federal, state, municipal and other local governmental agencies, and so far as possible cooperate with planning agencies of adjoining areas, on matters of mutual interest relevant to its activities. Whenever such cooperation or assistance includes the rendering of technical services, such services may be rendered free or in accordance with an agreement for reimbursement. The planning commission also shall advise and supply information, as far as possible, to civic groups and private persons and organizations who may request such information and advise, and who study or otherwise concern themselves with the metropolitan area's problems and development, insofar as such problems and development may be relevant to the activities of the planning commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 130, &sect; 9, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.10. Metropolitan comprehensive plan.&nbsp;</span></p> <p><span class="cls0">A. 1. The metropolitan area planning commission shall prepare, adopt, and from time to time revise, amend, extend or add to a plan or plans for the development of the metropolitan area. The plan or plans may be published and collectively shall be known as the metropolitan comprehensive plan.&nbsp;</span></p> <p><span class="cls0">2. The comprehensive plan shall be developed:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;for the purpose of bringing about an orderly, coordinated, physical development in accordance with the present and future needs of such area,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;to conserve the natural resources of the area,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;to ensure efficient expenditure of public funds, and&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;to promote the health, safety, convenience, prosperity, and general welfare of the people of the area and the state.&nbsp;</span></p> <p><span class="cls0">3. The metropolitan comprehensive plan shall:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;set forth the policy recommendations of the metropolitan area planning commission in regard to the physical development of the metropolitan area,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;contain a statement of the objectives, standards and principles sought to be embodied therein,&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;contain recommendations for the most desirable pattern of land use within the metropolitan area, in the light of the best available information concerning:&nbsp;</span></p> <p class="cls8"><span class="cls0">(1)&nbsp;&nbsp;topography, climate, soil and underground conditions, water courses and bodies of water and other natural or environmental factors,&nbsp;</span></p> <p class="cls8"><span class="cls0">(2)&nbsp;&nbsp;the present and prospective economic bases of the metropolitan area, past and future trends of industry, population or other developments and the habits and standards of life of the people of the metropolitan area, and&nbsp;</span></p> <p class="cls8"><span class="cls0">(3)&nbsp;&nbsp;the relation of land use within the metropolitan area to land use in adjoining areas,&nbsp;</span></p> <p class="cls9"><span class="cls0">d.&nbsp;&nbsp;insofar as appropriate, indicate areas for residential uses and maximum recommended densities therein; areas for manufacturing and industrial uses, with classification of such areas in accordance with their compatibility with land use in adjoining areas; areas for the concentration of wholesale and retail business and other commercial uses; areas for recreational uses and areas for open spaces; and areas for mixed uses,&nbsp;</span></p> <p class="cls9"><span class="cls0">e.&nbsp;&nbsp;include the circulation pattern recommended for the metropolitan area, including routes and terminals of transit, transportation and communication facilities whether used for movement within the metropolitan area or for the movement from and to adjoining areas,&nbsp;</span></p> <p class="cls9"><span class="cls0">f.&nbsp;&nbsp;include recommendations concerning the need for and the proposed general location of public and private works and facilities, such as utilities, flood control works, water reservoirs and pollution control facilities,&nbsp;</span></p> <p class="cls9"><span class="cls0">g.&nbsp;&nbsp;include such other recommendations of the metropolitan area planning commission concerning current and impending problems as may affect the metropolitan areas as a whole, and&nbsp;</span></p> <p class="cls9"><span class="cls0">h.&nbsp;&nbsp;be based on studies of physical, social, economic and governmental conditions and trends.&nbsp;</span></p> <p><span class="cls0">B. 1. Before the adoption, amendment, or extension of the plan or portions thereof, the commission shall hold at least one public hearing thereon.&nbsp;</span></p> <p><span class="cls0">2. Such hearing may be adjourned from time to time.&nbsp;</span></p> <p><span class="cls0">C. The commission may recommend for adoption or denial by the municipal council and/or, as appropriate, the board of county commissioners the comprehensive plan in whole or part, and subsequently may recommend the adoption or denial of any amendment or extension of the plan or portions thereof. &nbsp;</span></p> <p><span class="cls0">D. 1. Before the metropolitan comprehensive plan or part thereof has the status of an official plan, the plan shall be submitted to and shall have the approval of the municipal council insofar as such plan affects the area within the city limits of the municipality. In addition, the plan shall have the approval of the board of county commissioners, insofar as such plan affects the balance of the county excluding, however, any area within any incorporated municipality located within the balance of the county.&nbsp;</span></p> <p><span class="cls0">2. The council and the board may approve the plan in whole or in part, or return the plan or any portion thereof to the commission for further consideration.&nbsp;</span></p> <p><span class="cls0">3. Any part so approved shall immediately become in full force and effect as to the area covered by the approved portion of such plan.&nbsp;</span></p> <p><span class="cls0">4. Should the council or board fail to act upon such plan within fortyfive (45) days from the date of its submission by the commission, such plan shall be deemed to be approved by said council or board and shall have the status of an official plan for the area.&nbsp;</span></p> <p><span class="cls0">E. After the adoption of the comprehensive plan, or part thereof, an attested copy shall be certified by the commission and by the approving authority and shall be certified to the county clerk of such county as a public record and certified to the clerks of such incorporated areas as may be covered or affected by the plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 130, &sect; 10, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 212, &sect; 2, emerg. eff. June 11, 1963; Laws 2000, c. 117, &sect; 1, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.11. Submission of proposed improvement plans for commission recommendations.&nbsp;</span></p> <p><span class="cls0">From and after the adoption of the comprehensive plan or portion thereof and its proper certification, then and henceforth no improvement of a type embraced within the recommendations of the comprehensive plan shall be constructed or authorized without first submitting the proposed plans thereof to the commission and receiving the written recommendations of said commission; provided, however that this requirement shall be deemed to be waived if the commission fails to make its report and recommendations within fortyfive (45) days after the receipt of the proposed plans.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 131, &sect; 11, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.12. Plats and subdivisions Rules and regulations.&nbsp;</span></p> <p><span class="cls0">The commission is hereby empowered to adopt rules and regulations of uniform application governing plats and subdivisions of land falling within its jurisdiction. Such regulations shall be submitted to the council and to the board for approval and shall not be in force or effect within the corporate limits of the municipality until approved by the council and shall not be in force or effect within any part of the county, except within the municipality, until approved by the council and the board.&nbsp;</span></p> <p><span class="cls0">For the purpose of this act, a subdivision is defined as any division of land into two or more lots, parcels, tracts, or areas, any one of which when divided has an area of less than ten acres, or any division of land involving the vacation or dedication or rightofway or alignment of an existing or proposed street or highway or public utility easement, or the resubdivision of land heretofore divided into lots, sites or parcels.&nbsp;</span></p> <p><span class="cls0">Such regulations shall be designed to secure and provide for the proper arrangement of streets or other highways in relation to existing or planned streets or other highways or to the comprehensive plan or plans of the area; for adequate and convenient open spaces for traffic, utilities, access of firefighting apparatus, parking lots, parks, playgrounds, light and air; and for the avoidance of congestion of population. Such regulations may include provisions as to the extent to which streets and other highways shall be graded and improved and to which water, sewer, or other utility mains, piping and other facilities shall be installed or assured as a condition precedent to the approval of the plat; the council and/or the board are hereby authorized to prepare such specifications and to make such order, inspections, examinations, and certificates as may be necessary to protect and carry out such regulations and make them effective, and to charge fees to services rendered and benefits involved as hereinafter provided or as may be provided by the respective governing bodies.&nbsp;</span></p> <p><span class="cls0">Such rules and regulations shall provide for the modification thereof by the commission in specific cases where unusual topographical or other exceptional conditions may require the same. Such regulations shall provide for a tentative approval of the plat previous to the installation of such improvements and facilities, provided, that any such tentative approval shall be revocable and shall not be entered on the plat. Such regulations may provide that in lieu of the completion of the construction of the required improvements and facilities prior to the final approval of the plat, the board of council may accept bond in an amount and with surety and conditions satisfactory to them, providing for and securing to the council and board the actual construction of such improvement and facilities within a specified period, and the council and board are hereby granted the power to enforce such bond by legal and equitable remedies. Such rules and regulations shall be adopted, changed, or amended only after a public hearing has been held thereon by the commission. Such hearing may be adjourned from time to time. The adoption of the rules and regulations or amendments thereto, as above provided, shall be by resolution carried by not less than a majority of the full membership of the commission. Upon adoption by the commission, and upon approval by the board and council such rules and regulations or amendments thereto shall be certified to the county clerk of such county and the city clerk of the municipality for safekeeping and as a public record and shall be enforced as in this act provided.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 131, &sect; 12, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 212, &sect; 3, emerg. eff. June 11, 1963.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.13. Recording of plats or deeds Approval.&nbsp;</span></p> <p><span class="cls0">From and after the adoption of a plan for major streets or highways as a part of the comprehensive plan for the physical development of the area and the adoption of the rules and regulations governing subdivision of land no plat or deed or other instrument of a subdivision of land within the area shall be accepted for record in the office of the county clerk until it shall have been approved by such commission as being in accordance with the officially adopted rules and regulations of the commission and such approval endorsed in writing on the plat.&nbsp;</span></p> <p><span class="cls0">The approval of the commission required by this section or the refusal to approve shall take place within fortyfive (45) days from and after the submission of the subdivision of land for final approval; otherwise said subdivision of land shall be deemed to have been approved and the certificate of said commission as to the date of the submission of the subdivision of land for approval and as to the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval herein required. The ground of refusal of any subdivision of land submitted, including citation to or reference to the rules or regulations violated by the subdivision of land shall be stated upon the record of the commission.&nbsp;</span></p> <p><span class="cls0">Whoever, being the owner or agent of the owner of any land within the area, transfers or sells or agrees to sell, or negotiates to sell any land by reference to or exhibition thereof, or by other use of a plat of a subdivision or a contract for deed or other instrument before such plat or deed or instrument has been approved by the commission and filed of record in the office of the county clerk, or whoever, being the owner or agent of the owner of a parcel of ground, transfers, or sells or agrees to sell, or negotiates to sell any tract of land of less than ten (10) acres, except in counties adjoining a county having a cooperative planning commission formed under the provisions of 19 O.S. 1961, Section 863.2, in which case upon order or rule of the citycounty cooperative planning commission a tract of less than two and onehalf (2 1/2) acres where such tract was not shown of record in the office of the county clerk as separately owned at the effective date of the regulations hereinafter provided for and not located within a subdivision approved according to law and filed of record in the office of the county clerk, or if so located, not comprising at least one entire lot as recorded, without first obtaining the written approval of the commission by its endorsement on the instrument of transfer, or contract of sale or other agreement to transfer, shall be subject to the penalties by this act provided; and such transaction shall be unlawful and shall not be recorded by the county clerk; provided that a tract of land which has not been subdivided, a tract of more than ten (10) acres, except in counties adjoining a county having a cooperative planning commission formed under the provisions of 19 O.S. 1961, Section 863.2, in which case upon order or rule of the citycounty cooperative planning commission a tract of more than two and onehalf (2 1/2) acres, may be transferred by the owner thereof to any person without complying with the provisions of this act and such transfer shall be duly recorded by the county clerk; and provided, further, that such person may further transfer such tract without complying with the provisions of this act, so long as such transfer involves the whole of such tract and the transfer shall be recorded by the county clerk, and thereafter any transfer shall be subject to existing law. Provided further, all deeds of record as of January 1, 1963, which convey tracts of land not portions of an approved or disapproved plat or subdivision, are hereby validated insofar as the filings of the same are concerned, whether or not first approved by the commission.&nbsp;</span></p> <p><span class="cls0">In its consideration of such transfers, referred to as "lotsplits" the commission shall apply the same regulations as are applied to subdivisions in order to accomplish the purpose of planning as herein provided. No city board of adjustment or county board of adjustment or any office representing such boards shall require that easements be given to the city or county for major street usages serving approval on a lotsplit deed, and approving such deeds shall not be deemed consideration for the transfer of easements for road purposes, except in the case of streets platted and dedicated by the owner in approved subdivision plans.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 132, &sect; 13, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 212, &sect; 4, emerg. eff. June 11, 1963; Laws 1968, c. 221, &sect; 1, emerg. eff. April 23, 1968.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.14. Building lines.&nbsp;</span></p> <p><span class="cls0">Wherever a plan for major streets and highways has been adopted and filed by the commission, the council and board, upon recommendations of the commission, are hereby authorized and empowered to establish, regulate, and limit, and to change and amend, building line or setback regulations on such major streets and highways, and to prohibit any new building being located within such building or setback lines within the area. In establishing such building lines, the council and board shall take into consideration the present stage of development along such highways, including the type of buildings and nature of their use, as well as their number and location; the present width of such highways; and probable future needs to protect safety and provide adequate transportation along such highways in view of the trend of development of residential, commercial, and industrial areas served by such highways.&nbsp;</span></p> <p><span class="cls0">Regulations authorized by this section shall not be adopted, changed, or amended by the council or board until a public hearing has been held thereon by the commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 133, &sect; 14, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.15. Enforcement of building line regulations Appeals Modification.&nbsp;</span></p> <p><span class="cls0">After the council or board shall have established building or setback lines on such major highways, no new building or structure shall be erected within such building or setback lines in the area and no permit for such building shall be issued by the city building inspector as respects the territory over which the municipality shall have enforcement jurisdiction or by the county inspecting officer appointed by the board to administer and enforce building line and setback regulations and other regulations for the county, as respects the territory over which the county shall have enforcement jurisdiction. The city board of adjustment, as respects the territory over which the municipality shall have enforcement jurisdiction, and the county board of adjustment as respects the territory over which the county shall have enforcement jurisdiction, shall hear appeals of any property owner aggrieved by such building line and setback regulations. Each said board of adjustment shall have the power to modify or vary the building line or setback regulations in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of uses as distinguished from a mere grant of privilege, may be avoided, the intended purpose of the regulations strictly observed, and the public welfare and public safety protected.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 133, &sect; 15, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.16. Zoning powers Exemptions.&nbsp;</span></p> <p><span class="cls0">A. For the purposes of promoting the public health, safety, peace, morals, comfort, convenience, prosperity, order and general welfare, and to lessen danger and congestion of public transportation and travel, and to secure safety from fire and other dangers, and to prevent overcrowding of land, and to avoid undue concentration of population, and to provide adequate police protection, transportation, water, sewerage, schools, parks, forests, recreational facilities, military and naval facilities, and other public requirements, and to prevent undue encroachment thereon, the board of any such county is hereby empowered in accordance with the conditions and procedure specified in this act, to regulate:&nbsp;</span></p> <p><span class="cls0">1. The location, height, bulk, number of stories and size of buildings and other structures in the areas of the county not included within the territorial jurisdiction of the municipality as herein defined;&nbsp;</span></p> <p><span class="cls0">2. The percentage of the lot or area which may be occupied;&nbsp;</span></p> <p><span class="cls0">3. The size of yards, courts and other open spaces;&nbsp;</span></p> <p><span class="cls0">4. The density and distribution of population; and&nbsp;</span></p> <p><span class="cls0">5. The uses of buildings, structures and land for trade, industry, residence, recreation, civic and public activities and other purposes.&nbsp;</span></p> <p><span class="cls0">B. 1. The zoning power hereby conferred shall not apply to the erection or use of the usual farm buildings for agricultural purposes, the planting of agricultural crops or forestry activities.&nbsp;</span></p> <p><span class="cls0">2. For purposes of this subsection, &ldquo;forestry activity&rdquo; means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including, but not limited to, forestry buildings and structures. The term &ldquo;forestry activity&rdquo; shall not pertain to areas and property which would restrict access to public road construction or right-of-way.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 133, &sect; 16, emerg. eff. May 31, 1957. Amended by Laws 2000, c. 300, &sect; 1, emerg. eff. June 5, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-866.16A. Board of county commissioners may establish fines and penalties.&nbsp;</span></p> <p><span class="cls0">A. A board of county commissioners may provide for enforcement of its regulations and establish fines, penalties or other remedies for any offense in violation of its regulations, which shall be recoverable together with costs of suit.&nbsp;</span></p> <p><span class="cls0">B. 1. In addition to other powers and duties prescribed by law, a board of county commissioners shall have the power to establish and enforce fines and penalties for violation of its zoning, subdivision, storm water and floodplain regulations, including the issuance of citations by designated county personnel for violations of its zoning, subdivision, storm water and floodplain regulations. A board of county commissioners may additionally establish that any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a fine or penalty for each ensuing day during which such failure or violation continues.&nbsp;</span></p> <p><span class="cls0">2. In issuing a citation pursuant to this subsection, the county employee shall proceed as follows:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;the employee shall prepare a written citation to appear in court, containing the name and address of the cited person and the violation/offense charged, and stating when the person shall appear in district court. The time to appear specified in the citation shall be at least five (5) days after the issuance of the citation,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;one copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the county employee, and&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;as soon as practicable, one copy of the citation shall be filed with the district court specified therein and one copy delivered to the prosecuting attorney.&nbsp;</span></p> <p><span class="cls0">3. If a person fails to appear in district court at the designated time, a warrant for arrest shall be issued.&nbsp;</span></p> <p><span class="cls0">4. Violations and penalties shall be deemed misdemeanor offenses, punishable by a fine of up to Five Hundred Dollars ($500.00). Jurisdiction is hereby conferred upon the district court within the county.&nbsp;</span></p> <p><span class="cls0">5. Fines and penalties collected pursuant to this subsection shall be deposited in the appropriate county fund.&nbsp;</span></p> <p><span class="cls0">6. Issuance of citations and/or payment of fines or penalties shall in no way preclude other remedies or appropriate action or proceedings to prevent or remove a violation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 271, &sect; 3.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19866.17. Division into districts or zones.&nbsp;</span></p> <p><span class="cls0">Whenever the commission of such county shall make and certify to the board of county commissioners of such county a zoning plan, including both the full text of the zoning resolution and proposed regulations and map or maps, representing the recommendations of the commission for the regulation by districts or zones, of the location, height, bulk, number of stories and size of buildings and other structures in the areas of the county, not included within the territorial jurisdiction of the municipality as herein defined, and the percentage of the lot or area which may be occupied, the size of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings, structures, and land for trade, industry, residence, recreation, civic, and public activities and other purposes, then the board may exercise the powers granted and, for the purposes mentioned in 19 O.S. 1961, Section 866.16, may divide the areas of such county located within three miles of such municipality or within onefourth mile of a state or federal highway, and not included within the territorial jurisdiction of the municipality or within another incorporated municipality, into districts or zones in such number, shape, and areas as it may determine and, for said purposes, may regulate the erection, construction, reconstruction, conversion, alteration, and uses of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. In every county of this state having an upstream terminal port and turnaround where navigation ends, or in any county containing all or any part of a reservoir or reservoirs constructed by the United States Army Corps of Engineers, such county is hereby granted authority, at the discretion of the board of county commissioners, to divide all or any part of unincorporated areas of such county into districts or zones in such number, shape, and areas as it may determine and, for said purposes, may regulate the erection, construction, reconstruction, conversion, alteration, and uses of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 134, &sect; 17, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 329, &sect; 2, emerg. eff. June 22, 1963.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.18. Recommendations by commission.&nbsp;</span></p> <p><span class="cls0">Prior to the adoption of any zoning regulations the board, as it affects its jurisdiction, shall request the commission to recommend the boundaries of the various districts and appropriate regulations to be enforced therein. The commission shall make a preliminary report of its recommendations for such zoning regulations and shall hold one or more public hearings thereon. Such hearings may be adjourned from time to time. Within ninety (90) days after the final adjournment of such hearings, the commission shall make its final report to the board, together with a summary of the results of the public hearings, its proposed zoning regulations, map or maps, and suggested resolution. The board may then adopt the proposed regulations or refer them back to the commission for further consideration.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 134, &sect; 18, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.19. Termination of nonconforming uses.&nbsp;</span></p> <p><span class="cls0">The board, within its area of jurisdiction may provide for the termination of nonconforming uses either by specifying the period or periods within which they shall be required to cease, or by providing a formula or formulas whereby the compulsory termination of nonconforming use shall be so fixed as to allow a reasonable period for the recovery of amortization of the investment in the nonconformance, provided, that in each instance any such action of the board shall be taken only after public notice and hearing thereon has been had before the commission and that commission's recommendations with respect thereto certified to the board.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 134, &sect; 19, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.20. Amendment or repeal of regulations Notice and hearing.&nbsp;</span></p> <p><span class="cls0">The zoning regulations imposed and the districts created under authority of this act may be amended, supplemented, changed, modified or repealed from time to time by resolution of the board, as it affects its jurisdiction, but no such change shall be made without public notice and hearing and the filing of a report and recommendations upon such proposed change by the commission.&nbsp;</span></p> <p><span class="cls0">All projects or matters that fall within the purview of the duties of the commission, as specified in this section shall be referred to the commission for investigation and report before any final action shall be taken thereon; provided, however, that if the said commission fails to make an investigation and report on any matter or subject referred to it for a period of thirty (30) days, such failure shall be considered a refusal to approve the proposed plan or project and the board shall be under no obligation to wait longer for reports or recommendations concerning said projects.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 134, &sect; 20, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.21. Permits required Administration of rules and regulations.&nbsp;</span></p> <p><span class="cls0">After the adoption of such zoning regulations or building line regulations by the board and/or the council, no building or other structures shall be erected, constructed, enlarged or altered, or repaired in such manner as to prolong the life of the building, nor shall the use of any land be changed without a permit issued in accordance with the rules and regulations adopted by the council or board under the terms of this act by the county inspecting officer as to territory falling within the jurisdiction of the county and of the inspector of the municipality as to territory falling within the jurisdiction of the municipality. The county inspecting officer shall have the duty of administering the rules and regulations under this act applicable to territory over which the municipality does not have jurisdiction, and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations. The inspector of the municipality shall have the duty of administering the rules and regulations under this act insofar as it applies to the territorial jurisdiction of the municipality and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations, except that in the matter of construction, surfacing and maintenance of streets, roads, and highways in the entire unincorporated area of the county, the board may prescribe rules and regulations and prescribe standards and the county engineer shall have the duty of administering such rules and regulations and when requested, shall assist in administering the rules and regulations governing subdivision of land in the unincorporated portions of the county and shall make such inspections and investigations as may be necessary to the proper enforcement of such rules and regulations. The county inspecting officer and the city inspector may be designated as one and the same person by the board and council respectively, and when so designated shall exercise the authority vested in both officers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 135, &sect; 21, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-866.22. County Board of Adjustment.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners of any such county shall appoint a county board of adjustment composed of five (5) members, residents of such county, two of whom shall reside outside the corporate limits of the municipality, for a term of three (3) years, except that when the first appointment is made hereunder, the term of office of two of said members shall be one (1) year, the term of two of said members shall be two (2) years, and the term of office of one of said members shall be three (3) years. A member of such county board of adjustment, once qualified, can thereafter be removed during his or her term of office only for cause and after a hearing held before the board of county commissioners. In the event of the death, resignation or removal of any such member before the expiration of his or her term, a successor shall be appointed by the board of county commissioners to serve his or her unexpired term. All members of the county board of adjustment shall serve as such without compensation.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment shall elect its own chair and shall adopt rules or procedures consistent with the provisions of Section 866.1 et seq. of this title. The chair, or, in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. Three members of the county board of adjustment, with both the city and the county being represented, shall constitute a quorum. All meetings of the county board of adjustment shall be open to the public and a public record shall be kept of all proceedings.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment may, with the approval of the board of county commissioners, appoint such employees as may be necessary and may incur necessary expenses, within the limits of the appropriations authorized by the board of county commissioners.&nbsp;</span></p> <p><span class="cls0">For each petition and for each request for a public hearing, the county board of adjustment shall collect a fee the amount thereof to be fixed by the respective boards of county commissioners which such fees shall be deposited with the county treasurer as required by law, and credited to the general fund of the county, and report thereof made to the board of county commissioners each month. Publication notices and transcripts on appeal shall be paid for by parties requiring or requesting the same.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 135, &sect; 22, emerg. eff. May 31, 1957. Amended by Laws 2009, c. 108, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.23. Appeals to board Powers and duties.&nbsp;</span></p> <p><span class="cls0">Appeals to the county board of adjustment may be taken by any person aggrieved or by a public officer, department, board or bureau affected by any decision of the county inspecting officer in administering the county zoning regulations or building line and setback regulations. Such appeals shall be taken within a period of not more than ten (10) days, by filing written notice with the county board of adjustment and the county inspecting officer, stating the grounds thereof. An appeal from the county board of adjustment shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken shall certify to the board of adjustment that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. The county board of adjustment shall have the following powers and it shall be its duty:&nbsp;</span></p> <p><span class="cls0">1. To hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by the county inspecting officer in the enforcement of the county zoning regulations.&nbsp;</span></p> <p><span class="cls0">2. To hear and decide requests for map interpretations or for decisions on other special questions upon which it is authorized to pass by the regulations adopted by the board.&nbsp;</span></p> <p><span class="cls0">3. Where, by reason of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under this act would result in peculiar and exceptional difficulties to, or exceptional and demonstrable undue hardship upon, the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such demonstrable difficulties or hardships, provided such relief can be granted without substantially impairing the intent, purpose, and integrity of the zone plan or other element of the comprehensive plan as embodied in the zoning regulations and map.&nbsp;</span></p> <p><span class="cls0">In exercising the above powers, such board of adjustment may, in conformity with the provisions of this act, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.&nbsp;</span></p> <p><span class="cls0">In acting upon any appeal, such board of adjustment shall, in its consideration of and decision thereon, apply the principles, standards and objectives set forth and contained in all applicable regulations, ordinances and resolutions and in the comprehensive plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 136, &sect; 23, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.24. Appeals to district court.&nbsp;</span></p> <p><span class="cls0">An appeal to the district court from any decision, ruling, judgment, or order of said county board of adjustment may be taken by any person or persons, firm or corporation, jointly or severally, aggrieved thereby, or any department, board or official of government by filing with the clerk of said board within ten (10) days a notice of such appeal. No bond shall be required for such appeal, but costs may be required in the district court as in other cases. Upon filing of such notice, the clerk of said board shall forthwith transmit to the clerk of the district court the originals or certified copies of all papers constituting the record in such case, together with the order, judgment or decisions of said board. Said cause shall be tried de novo in the district court and said court shall have the same power and authority as the county board of adjustment, together with all other powers of the district court in law or in equity. An appeal to the Supreme Court from the decision of the district court shall be allowed as in other cases.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 136, &sect; 24, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.25. Zoning regulations to govern.&nbsp;</span></p> <p><span class="cls0">Whenever the zoning regulations made under authority of this act require a greater width of size of yards, courts, or other open spaces or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or require a lower density of population, or require a more restricted use of land, or impose other higher standards than are required in any other statute, local order of regulation, private deed restrictions or private covenants, the regulations made under the authority of this act shall govern.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 137, &sect; 25, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.26. Construction codes.&nbsp;</span></p> <p><span class="cls0">Whenever a zoning plan has been adopted and filed by the council and board, the board, upon the recommendations of the commission, is hereby authorized and empowered to establish for the area over which it exercises zoning jurisdiction a building code and other construction codes including, but not limited to, a plumbing code, an electrical code and an air conditioning and refrigeration code. Such building regulations and construction codes shall be administered and enforced by the county inspecting officer appointed by the board.&nbsp;</span></p> <p><span class="cls0">Regulations authorized by this section shall not be adopted, changed, or amended by the board until a public hearing has been held thereon by the commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 137, &sect; 26, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.27. Housing code.&nbsp;</span></p> <p><span class="cls0">Whenever a zoning plan and building code have been officially adopted by the council, authorization is hereby given the council to establish a housing code, upon recommendation of the commission, for the incorporated municipality. Whenever a zoning plan and building code have been officially adopted by the council and board for their respective jurisdictions, authorization is hereby given the board to establish a housing code for the area over which it exercises zoning jurisdiction, upon recommendation of the commission.&nbsp;</span></p> <p><span class="cls0">A housing code established under the terms of this act shall establish minimum equipment and facility standards relating to health and sanitation including standards for lighting; heating; ventilation; garbage and waste disposal; sewage disposal; water supply; and egress. Standards shall be established for the general sanitary condition of the dwelling unit; sanitary equipment; heating equipment; chimney and flues, the storage of inflammable liquids, wiring, and other fire hazards; pest infestation; internal structural repair; external structural repair; dampness; and other factors relating to health and sanitation. Minimum standards for condition of occupancy shall be established relative to general room crowding and area crowding for sleeping and nonsleeping area and relative to mixing business and living uses in the same area or structure.&nbsp;</span></p> <p><span class="cls0">A housing code established under the authorization of this act shall be based on a comprehensive survey of the actual condition of structures and environmental surroundings in the area as they relate to quality of housing, and shall be drawn to apply to all types of dwellings, and the environment thereof, used for human occupancy in the area. The enforcement and administration of the housing code shall be conducted by the inspector of the city and the inspecting officer of the county who shall advise with and work in conjunction with the city and county health departments in such administration. Administration and enforcement shall be carried out on a systematic inspection basis designed to apply quality of housing standards equally throughout the area. Enforcement of the housing code shall be coordinated with the enforcement program of the building code, construction codes and zoning regulations of the city and county respectively.&nbsp;</span></p> <p><span class="cls0">Regulations authorized by this section shall not be adopted, changed, or amended by the council or board until a public hearing has been held thereon by the commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 137, &sect; 27, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.28. Building permit fees Inspection fees.&nbsp;</span></p> <p><span class="cls0">For building permits issued under this act, there shall be paid a fee of One Dollar and fifty cents ($1.50), plus onetenth (1/10th) of the one percent (1%) of the job valuation up to One Hundred Thousand Dollars ($100,000.00) and onetwenty-fifth (1/25) of one percent (1%) of the job valuation over One Hundred Thousand Dollars ($100,000.00), but not to exceed Three Hundred Dollars ($300.00). For each tentative plat there shall be paid a fee of Ten Dollars ($10.00), and for each final plat a fee of Ten Dollars ($10.00), or a fee of fifty cents ($0.50) per lot, plus Five Dollars ($5.00), whichever is larger, and for each "lotsplit" there shall be paid a fee of Two Dollars ($2.00). For each request for public hearing before the commission, there shall be paid a fee of Twentyfive Dollars ($25.00). No fees shall be required of municipalities or public schools. For each appeal to the county board of adjustment, there shall be paid a fee of Fifteen Dollars ($15.00). All fees shall be paid to the county treasurer of the county or the city clerk of the municipality, as the case may be.&nbsp;</span></p> <p><span class="cls0">The Legislature declares the foregoing fees to be reasonable and proportionate to the services rendered and the benefits involved; provided, however, the amount of the foregoing fees may be increased or diminished by action of the respective governing bodies. No fees or permits shall be required for the construction of any farm home or any other farm building. The foregoing fees shall be paid to the county treasurer or the city clerk in accordance with the territorial jurisdiction for enforcing and administering this act. All monies received shall be paid into the respective general funds of the city and county. Publication notices and transcripts on appeal shall be paid for by parties requiring or requesting the same.&nbsp;</span></p> <p><span class="cls0">The council and board may each establish a schedule of fees for inspections and investigations as respects the territory within their respective enforcement jurisdictions, which said fees shall be reasonable and proportionate to the services rendered and benefits involved, and shall be paid into the respective general funds of the city and county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 138, &sect; 28, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-866.29. Notice of public hearings.&nbsp;</span></p> <p><span class="cls0">A. Notice of all public hearings herein provided for shall be given by one publication in a newspaper of general circulation in the municipality and the county at least fifteen (15) days prior to the date of such hearing.&nbsp;</span></p> <p><span class="cls0">B. In addition to the notice required in subsection A of this section, if the zoning change requested permits the use of treatment facilities, multiple family facilities, transitional living facilities, halfway houses and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statutes, the entity proposing the zoning change shall mail a written notice within thirty (30) days of the hearing to all real property owners within one-quarter (1/4) of a mile where the area to be affected is located and shall be responsible for all costs incurred in mailing this notice.&nbsp;</span></p> <p><span class="cls0">For purposes of this subsection, "entity" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, incorporated municipality or municipal authority or trust in which any governmental entity is a beneficiary, venture, or other legal entity however organized.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 138, &sect; 29, emerg. eff. May 31, 1957. Amended by Laws 2009, c. 226, &sect; 5, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.30. Exemptions from zoning regulations.&nbsp;</span></p> <p><span class="cls0">A. The zoning power conferred herein shall not apply to the erection or use of the usual farm buildings for agricultural purposes or to the planting of agricultural crops, to the extraction of oil or natural gas, or to forestry activities.&nbsp;</span></p> <p><span class="cls0">B. The power of the board to establish building and construction codes shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. A single family residence located on a separate parcel of land under one ownership, containing twenty (20) acres or more in area;&nbsp;</span></p> <p><span class="cls0">2. Any lands which, as of the effective date hereof:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;are devoted to manufacturing and/or industrial use, or&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;have been acquired by any owner for expansion of facilities devoted to manufacturing and/or industrial use, so long as such use or ownership continues;&nbsp;</span></p> <p><span class="cls0">3. The acquisition of property or easements for or the installation, construction, maintenance or use of structures, facilities and property of electric cooperatives or public utilities subject to the jurisdiction of the Corporation Commission of the State of Oklahoma, or other similar state or federal body.&nbsp;</span></p> <p><span class="cls0">C. For purposes of this section, the term &ldquo;forestry activity&rdquo; means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including, but not limited to, forestry buildings and structures. The term &ldquo;forestry activity&rdquo; shall not pertain to areas and property which would restrict access to public road construction or right-of-way.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 138, &sect; 30, emerg. eff. May 31, 1957. Amended by Laws 1963, c. 212, &sect; 5, emerg. eff. June 11, 1963; Laws 2000, c. 300, &sect; 2, emerg. eff. June 5, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.31. Validation of existing plans, ordinances, etc.&nbsp;</span></p> <p><span class="cls0">All existing plans, regulations, resolutions, ordinances and codes and all amendments, supplements and changes thereof adopted under prior existing planning acts, and all actions taken under the authority thereof, are hereby validated and continued in effect until amended, revised, or repealed by appropriate official action taken under authority of this act. Any comprehensive plan heretofore filed of record in the office of the county clerk of said county by the presently existing city commission may by resolution of the commission be withdrawn from record and the recording of such resolution of withdrawal in the office of the county clerk shall be authority for the exclusion from abstracts of title of such plan so withdrawn.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 138, &sect; 31, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.32. Violations and penalties.&nbsp;</span></p> <p><span class="cls0">A violation of this act or of any order or regulation adopted under authority of this act shall be deemed a misdemeanor and shall be punishable by fine or by imprisonment or both, as now provided by law for misdemeanors, and jurisdiction is hereby conferred upon any municipal, criminal, or police court in the municipality over offenses occurring within the municipality, which jurisdiction shall be concurrent with that of any other court having jurisdiction thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 139, &sect; 32, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.33. Exclusive control by commission Transfer of records, etc.&nbsp;</span></p> <p><span class="cls0">From and after the time such commission is constituted by the cooperating governmental units, it shall have exclusive control for the purposes herein provided over the territory within such city and the unincorporated areas of the county to the exclusion of any other planning and zoning agency, excepting therefrom any city or county boards of adjustment. The now existing city planning commission shall transfer to this commission upon its activation all records, resolutions, maps, charts, plats and other descriptive matter which said city planning commission shall have in their possession.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 139, &sect; 33, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.34. Continued operation after population increase.&nbsp;</span></p> <p><span class="cls0">Any county availing itself of the provisions of this act may continue to operate thereunder though the population of a city therein may hereafter exceed one hundred thousand (100,000).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1957, p. 139, &sect; 34, emerg. eff. May 31, 1957.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19866.35. Contracts with citycounty planning commissions.&nbsp;</span></p> <p><span class="cls0">For the purpose of cooperating with the State of Oklahoma in conserving the material resources of the state, and in promoting the health, safety, peace, morals and general welfare of the people of the state, any incorporated city or town within a county having in existence a citycounty planning commission, as authorized in 19 O.S. 1961, Section 866.1, is hereby authorized to contract with or retain such commission to function as an advisory, consultative and coordinating agency for such city or town in its urban planning activities, including but not limited to making surveys, transportation plans, public facility plans, land use studies, urban renewal plans, conservation plans, technical service, and other planning work.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 143, &sect; 1, emerg. eff. May 24, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-866.36. Repealed by Laws 1982, c. 183, &sect; 10.&nbsp;</span></p> <p><span class="cls0">&sect;19867.1. Dedications for street or highway purposes not required as condition for approval of zoning ordinance.&nbsp;</span></p> <p><span class="cls0">The county commissioners of any county or the governing body of any incorporated city or town or the planning commission of any county, city, or town or the board of adjustment of any county, city, or town or any other governing body, board, or commission having authority to approve or disapprove a zoning ordinance or resolution or a recording of a lotsplit deed shall not require the dedication for street or road rightofway purposes of any easements or other interest in land as a condition for the approval of such zoning ordinance or resolution or the recording of a lotsplit deed. Any transfer of interest in land for the purpose of securing such approval shall not be deemed a consideration therefor, provided, however, that the provisions of this section shall not apply to dedications to the public of property interest by the owner thereof in approved subdivision plats or building setback requirements.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 152, &sect; 1, emerg. eff. May 25, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19867.2. Counties exempt.&nbsp;</span></p> <p><span class="cls0">This act shall not apply in counties of more than four hundred thousand (400,000) population according to the last Federal Decennial Census.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 152, &sect; 2, emerg. eff. May 25, 1965.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.1. Creation of county planning commission and board of adjustment.&nbsp;</span></p> <p><span class="cls0">In every county subject to the provisions of this act there are hereby created a county planning commission and a county board of adjustment with the respective powers and duties as set forth in this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 1, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.2. Personnel of county planning commission.&nbsp;</span></p> <p><span class="cls0">The county planning commission shall be composed of seven (7) members to be appointed by the board of county commissioners. One member shall be a member of the board of county commissioners and the remaining six members shall be residents of the unincorporated areas of the county. The term of the county commissioner member shall be coextensive with his term of official office, and all other members shall be appointed for terms of six (6) years, except that such terms shall be made overlapping and the respective terms of those first appointed may be less than six (6) years. All members shall serve as such without compensation. Members may be removed by the board of county commissioners for cause after a public hearing held for that purpose and vacancies shall be filled by additional appointments.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 2, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.3. Personnel and procedure of county board of adjustment.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment shall be composed of three resident property owners of the county to be appointed by the board of county commissioners. At least one member shall be a resident of the county seat of such county and at least one member shall be duly licensed as an attorney in the State of Oklahoma. The term of each member shall be three (3) years except that the terms shall be overlapping and the membership of the board first appointed shall be for terms of one (1), two (2) and three (3) years, respectively. The board of county commissioners is hereby authorized to fill vacancies which may occur in the board and to appoint a substitute or substitutes to serve in a particular case in which a member or members shall certify his disqualification. Members may be removed by the board of county commissioners for cause after a public hearing held for that purpose, and vacancies shall be filled by additional appointments. All members of the county board of adjustment shall serve as such without compensation.&nbsp;</span></p> <p><span class="cls0">The county board of adjustment shall elect its own chairman and shall adopt rules of procedure consistent with the provisions of the zoning regulations and the provisions of this act. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the county board of adjustment shall be open to the public, and minutes shall be kept of all proceedings and official actions, which minutes shall be filed in the office of the board and shall be a public record. The board of adjustment shall fix a reasonable time for the hearing of any appeal and every appeal shall be heard within sixty (60) days from the date of filing.&nbsp;</span></p> <p><span class="cls0">Notice of hearings before the county board of adjustment shall be given by at least one (1) publication in a newspaper of general circulation in the county and by mail to the record owners of lands contiguous to the affected area at least fifteen (15) days prior to the date of such hearing.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 3, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-868.4. Staff and finances - Fees.&nbsp;</span></p> <p><span class="cls0">The county planning commission may appoint such employees as it may deem necessary for its work and may contract with planners and other consultants for such services as it may require, and may incur other necessary expenses; provided that the expenditures of the county funds by the planning commission shall not be in excess of the amounts appropriated for that purpose by the board of county commissioners. It shall be lawful for the board of county commissioners to appropriate funds for the administration of this act and to contract with the governing body of the county seat city to contribute jointly to pay expenses and salaries of a combined staff to serve the county planning commission, county board of adjustment, city planning commission and city board of adjustment, and to provide offices for such combined staff either in the county courthouse or the municipal building.&nbsp;</span></p> <p><span class="cls0">For building permits issued pursuant to this section, the county engineer shall collect a fee set by the county planning commission, which shall be approved every two (2) years by the board of county commissioners. For each petition for amendments to zoning regulations, the county planning commission shall, upon approval and authorization by the board of county commissioners, collect a fee sufficient to cover the cost of mailing notices and conducting investigations into the applicant's petition. In the event the petition is withdrawn by the applicant before consideration by the county planning commission but after notice and mailing of such public hearing on applicant's amendments to zoning regulations or in the event the applicant's petition is denied by the county planning commission and an appeal is not pursued to the county board of adjustment, the applicant shall not be permitted to file another petition for amendment to zoning regulations covering the matter withdrawn or denied until ninety (90) days from such withdrawal or denial and upon payment of a nonrefundable fee as set by the county planning commission, which shall be approved by the board of county commissioners. All fees collected by the county planning commission and the county engineer shall be deposited with the county treasurer daily, as is now provided by law, to the credit of the county planning commission and such fees shall be placed in a separate fund to the credit of the said county planning commission, to be designated as the "County Planning Commission Special Fund", and shall be expended by the county planning commission, as follows: for salaries of the staff or any member thereof, for mailing cost to potentially affected members of the public concerning notice of petitions for amendment to zoning regulations, for books, records, supplies, fixtures and other necessary expenses incurred in the operation of said Planning Commission, provided that any of the fee so expended shall be upon verified claims duly filed, and approved by the board of county commissioners of the county as provided by law. Provided, however, that in the event the fees shall be in excess of the necessary operating expenses of the planning commission, said excess shall revert to the general fund of any such county at the end of the fiscal year. Provided further, that in the event said fees shall not be sufficient to operate the planning commission, the difference may be supplied by appropriation as provided by law. On the first day of each month the county engineer and the county planning commission shall each submit to the board of county commissioners a verified report of all fees charged and collected during the preceding month.&nbsp;</span></p> <p><span class="cls0">For each petition for an appeal to the board of adjustment, the county planning commission shall, upon approval and authorization by the board of county commissioners, collect a fee sufficient to cover the cost of mailing notices and conducting investigations into the applicant&rsquo;s petition.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 4, emerg. eff. April 7, 1972. Amended by Laws 1995, c. 103, &sect; 1, eff. Nov. 1, 1995; Laws 2008, c. 294, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.5. Procedure of county planning commission.&nbsp;</span></p> <p><span class="cls0">The county planning commission shall hold at least one regular meeting each month. The commission shall elect a chair who shall serve for one (1) year with eligibility for reelection. The commission shall adopt rules of procedure for the transaction of its business, set fees for building permits and time periods for filing petitions and fees for amendments to zoning regulations which shall be approved and adopted by the board of county commissioners. The county planning commission shall keep a public record of its resolutions, transactions, findings and recommendations.&nbsp;</span></p> <p><span class="cls0">Before holding any hearing hereinafter provided for in this act, the county planning commission shall give notice stating the nature of the hearing and the time and place where it shall be held. Such notice shall be given at least once each week for three (3) successive weeks prior to the date of such hearing in a newspaper of general circulation in the county.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 5, emerg. eff. April 7, 1972. Amended by Laws 1995, c. 103, &sect; 2, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.6. Master plan.&nbsp;</span></p> <p><span class="cls0">The county planning commission shall make, adopt and may publish an official master plan of the county for the purpose of bringing about coordinated physical development in accordance with the present and future needs of the county. The master plan shall be developed so as to conserve the natural resources of the county, to insure efficient expenditure of public funds, and to promote the health, safety, convenience, prosperity and general welfare of the inhabitants. Such master plan may include, among other things, studies and recommendations relative to the location, character and extent of highways, railroads, bus, street car and other transportation routes, bridges, public buildings, schools, parks, parkways, airports, forests, wildlife refuges, dams and projects affecting conservation of natural resources. The master plan shall not limit the construction, maintenance or operation of public service facilities outside of the riding surface of county roads, streets, highways or section lines of companies regulated by the Oklahoma Corporation Commission, nor shall such master plan apply to or limit construction of telephone exchange buildings. The commission may adopt the master plan in whole or in part and subsequently amend or extend the adopted plan or portion thereof. Before the adoption, amendment or extension of the plan or portion thereof the commission shall hold at least one public hearing thereon. Such hearing may be adjourned from time to time. The adoption of the plan, or part thereof, shall be by resolution carried by not less than a majority vote of the full membership of the commission. After the adoption of the master plan, or part thereof, an attested copy shall be certified to the board of county commissioners, to the county clerk and to the clerk of such incorporated area covered by the plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 6, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.7. Submission of proposed improvements to county planning commission.&nbsp;</span></p> <p><span class="cls0">From and after the adoption of the master plan or portion thereof and its proper certification, then and henceforth no improvement of a type embraced within the recommendations of the master plan shall be constructed or authorized without first submitting the proposed plans thereof to the planning commission and receiving the written approval and recommendation of said commission; provided, however, that this requirement shall be deemed to be waived if the county planning commission fails to make its report and recommendations within fortyfive (45) days after the receipt of the proposed plans, and provided further that the disapproval or recommendations of the commission may be overruled by a twothirds (2/3) vote, properly recorded, of the legislative body, board or officials sponsoring or acting upon the proposed improvements, after the reasons for such overruling are spread upon its minutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 7, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.8. Approval of plat of subdivided lands Rules and regulations.&nbsp;</span></p> <p><span class="cls0">From and after the date of the adoption of a plan for major streets or highways as a part of the master plan for the physical development of the unincorporated areas of the county and the adoption of the rules and regulations hereinafter in this section provided for, no plat of a subdivision of land within the unincorporated areas of said county shall be recorded in the office of the county clerk until it shall have been approved by such county planning commission and such approval be endorsed in writing on the plat. The approval of the planning commission required by this section or the refusal to approve shall take place within fortyfive (45) days from and after the submission of the plat for final approval unless stipulation for additional time is agreed to by the applicant; otherwise, said plat shall be deemed to have been approved, and the certificate of the said county planning commission as to the date of the submission of the plat for approval and the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval herein required. The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated upon the record of the commission.&nbsp;</span></p> <p><span class="cls0">Such county planning commission shall adopt rules and regulations of uniform application governing plats and subdivisions of land falling within its jurisdiction. Such regulations shall provide for: the proper arrangement of streets or other highways in relation to existing or planned streets or highways or to the master plan of the county; building lines; open spaces for traffic, utilities, access of fire fighting apparatus, recreation and light and air; and the avoidance of congestion of population, including the minimum width and area of lots. Such rules and regulations shall not require the dedication to the general public of open grounds or space other than streets and ways and utility easements, nor any requirement as to the minimum percentage of lot occupancy, nor as to height, bulk, location or use of buildings; and minor streets shall not be required to be wider than sixty (60) feet. Said regulations may include provisions as to the extent to which streets and other highways shall be graded and improved and to which water, sewer and other utility mains, piping or other facilities shall be installed or assured as a condition precedent to the approval of the plat; and the board of county commissioners is hereby authorized to prepare such specifications and to make such orders, inspections, examinations and certificates as may be necessary to protect and carry out such provisions and make them effective. Such general rules shall provide for the modification thereof by the county planning commission in specific cases where unusual topographical or other exceptional conditions may require the same. Said regulations shall provide for tentative approval of the plat previous to the installation or assurance of such improvements and facilities; provided that any such tentative approval shall be revocable and shall not be entered upon the plat. Such regulations shall provide that, in lieu of the completion of the construction of the required improvements and facilities prior to the final approval of the plat, the county planning commission may accept bond of not less than ten percent (10%) and not to exceed one hundred percent (100%) of the cost of construction of the proposed improvements and facilities for the board of county commissioners in the amount and with surety and conditions satisfactory to it, providing for and securing to the board of county commissioners the actual construction of such improvements and facilities within a period specified by the county planning commission, and the board of county commissioners is hereby granted the power to enforce such bond by all legal and equitable remedies. Such regulations shall be adopted, changed or amended only after a public hearing has been held thereon. Upon adoption, said general rules shall be certified to the board of county commissioners and to the county clerk.&nbsp;</span></p> <p><span class="cls0">If the governing body of a city or town protests against a subdivision plat of any land lying within three (3) miles of the limits of the incorporated area of such city or town, the plat shall be approved only by a favorable vote of twothirds (2/3) of the whole membership of the county planning commission with the reasons therefor spread upon its minutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 8, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.9. Building law regulations.&nbsp;</span></p> <p><span class="cls0">Whenever a plan for major highways has been adopted and filed by the county planning commission, the board of county commissioners, upon recommendation of the county planning commission, is hereby authorized and empowered to establish, regulate and limit, and to change and amend, building or setback regulations on such major highways, and to prohibit any new building's being located within such building or setback lines outside the corporate limits of any city or town. In establishing such building line, the board of county commissioners shall take into consideration the present stage of development along such highways, including the type of buildings and nature of their use, as well as their number and location, the present width of such highways and type of construction, the amount of traffic using such highways, and probable future needs to protect safety and provide adequate transportation along such highways in view of the trend of development of residential, commercial and industrial areas served by such highways.&nbsp;</span></p> <p><span class="cls0">Regulations authorized by this section shall not be adopted, changed or amended by the board of county commissioners until a public hearing has been held thereon by the county planning commission.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 9, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.10. Enforcement Appeals Modification.&nbsp;</span></p> <p><span class="cls0">After the board of county commissioners shall have established building or setback lines on such major highways, no new building or structure shall be erected within such building or setback lines outside the corporate limits of any city or town, and no permit for such building shall be issued by the county engineer who is hereby designated as the officer to administer and enforce such building or setback line regulations. The county board of adjustment, hereinbefore created, shall hear appeals of any property owner aggrieved by such building line regulations. Said board of adjustment shall have the power to modify or vary the building or setback line regulations in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of uses as distinguished from a mere grant of privilege, may be avoided, the intended purpose of the regulations strictly observed, and the public welfare and public safety protected.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 10, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.11. Zoning by board of county commissioners.&nbsp;</span></p> <p><span class="cls0">The board of county commissioners is hereby empowered to adopt zoning regulations effective in the unincorporated areas of the county for the purposes of promoting the health, safety, peace, morals, comfort and the general welfare of the inhabitants; lessening danger and congestion in public transportation and travel; securing safety from fire and other dangers; preventing overcrowding of land; avoiding undue concentration of population; providing adequate police protection, transportation, water, sewerage, schools, parks, forests, recreational facilities, airports, military and naval facilities, and other public requirements; and preventing undue encroachment thereon. The zoning power hereby conferred shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted except as hereinafter provided; nor shall the provisions of this act apply to the erection, installation and use of structures and equipment by public utilities subject to the jurisdiction and regulation of the Corporation Commission of the State of Oklahoma or other similar state or federal regulatory bodies; nor to the erection or use of the usual farm buildings for agricultural purposes, the planting of agricultural crops or the extraction of minerals.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 11, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19-868.11A. Board of county commissioners may establish fines and penalties.&nbsp;</span></p> <p><span class="cls0">A. A board of county commissioners may provide for enforcement of its regulations and establish fines, penalties or other remedies for any offense in violation of its regulations, which shall be recoverable together with costs of suit.&nbsp;</span></p> <p><span class="cls0">B. 1. In addition to other powers and duties prescribed by law, a board of county commissioners shall have the power to establish and enforce fines and penalties for violation of its zoning, subdivision, storm water and floodplain regulations, including the issuance of citations by designated county personnel for violations of its zoning, subdivision, storm water and floodplain regulations. A board of county commissioners may additionally establish that any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a fine or penalty for each ensuing day during which such failure or violation continues.&nbsp;</span></p> <p><span class="cls0">2. In issuing a citation pursuant to this subsection, the county employee shall proceed as follows:&nbsp;</span></p> <p class="cls9"><span class="cls0">a.&nbsp;&nbsp;the employee shall prepare a written citation to appear in court, containing the name and address of the cited person and the violation/offense charged, and stating when the person shall appear in district court. The time to appear specified in the citation shall be at least five (5) days after the issuance of the citation,&nbsp;</span></p> <p class="cls9"><span class="cls0">b.&nbsp;&nbsp;one copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the county employee, and&nbsp;</span></p> <p class="cls9"><span class="cls0">c.&nbsp;&nbsp;as soon as practicable, one copy of the citation shall be filed with the district court specified therein and one copy delivered to the prosecuting attorney.&nbsp;</span></p> <p><span class="cls0">3. If a person fails to appear in district court at the designated time, a warrant for arrest shall be issued.&nbsp;</span></p> <p><span class="cls0">4. Violations and penalties shall be deemed misdemeanor offenses, punishable by a fine of up to Five Hundred Dollars ($500.00). Jurisdiction is hereby conferred upon the district court within the county.&nbsp;</span></p> <p><span class="cls0">5. Fines and penalties collected pursuant to this subsection shall be deposited in the appropriate county fund.&nbsp;</span></p> <p><span class="cls0"> 6. Issuance of citations and/or payment of fines or penalties shall in no way preclude other remedies or appropriate action or proceedings&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 271, &sect; 4.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;19-868.12. Zoning regulations defined.&nbsp;</span></p> <p><span class="cls0">Zoning regulations are hereby defined as regulations restricting the height, number of stories and size of buildings, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence, recreation or other purposes. For the purpose of such zoning regulations the unincorporated territory of the county may be divided into districts of such number, shape and area as may be deemed best suited to carry out the purpose of this act and shall be shown upon the zoning plan; and within such district, the erection, construction, reconstruction, alteration or use of buildings, structures or land may be regulated and restricted. All such regulations shall be uniform for each class or kind of buildings or land uses throughout each district, but the regulations in one district may differ from those in other districts. The regulations shall be made in accordance with a comprehensive plan, and they shall give reasonable consideration, among other things, to the existing character of the district and its suitability for practical usage, while conserving the value of buildings and of existing development and encouraging the most appropriate use of land throughout the county.&nbsp;</span></p> <p><span class="cls0">In formulating the zoning regulations, a survey shall be made of the area to be zoned and information collected concerning the topography of the land, the types of uses to which land and buildings are currently put, the extent of development, the density of population, the public utilities currently available and transportation facilities, and other information pertinent to the formulation of such zoning regulations. In each district created by the zoning regulations there shall be specified a maximum height of buildings, the size of yards, courts and open spaces, the uses of land and buildings permitted and the intensity thereof, and parking requirements for vehicles. All of such requirements shall be reasonable in view of the information obtained in the survey in order that the benefits hereinbefore named shall be secured to the community as a whole.&nbsp;</span></p> <p><span class="cls0">The classification of the various uses of lands and buildings shall provide separate districts for single-family dwellings, two-family dwellings, multiple-family dwellings, commercial areas devoted to small shops or stores designed to serve limited residential areas, less restrictive business and industrial uses, and unrestricted uses. The regulation of yards and open spaces shall bear a relationship to the uses of lands and buildings which are permitted in the district. The height limitation and yard requirements of residential districts may be imposed upon a commercial district which is located immediately adjacent to a dwelling district. The parking requirement for vehicles shall bear reasonable relationship to the uses permitted in the district and the physical size and arrangement of streets.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 12, emerg. eff. April 7, 1972. Amended by Laws 2008, c. 294, &sect; 3, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.13. Outdoor advertising structures.&nbsp;</span></p> <p><span class="cls0">Outdoor advertising structures may be built and maintained in areas zoned for business, commerce, industry and agriculture.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 13, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.14. Existing uses.&nbsp;</span></p> <p><span class="cls0">A legally existing use, building or structure, existing at the time of the adoption and recording of any regulations authorized hereunder, but not in conformity therewith, may be continued but shall not be extended or structurally altered unless the same be changed to conform to such regulations or changed to a higher or more restrictive use.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 244, &sect; 14, emerg. eff. April 7, 1972.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;19868.15. Procedure for adoption of zoning regulations.&nbsp;</span></p> <p><span class="cls0">Prior to the adoption of any zoning regulations, the board of county commissioners shall request the county planning commission to recommend the boundaries of the various districts and appropriate regulations to be enforced therein. The county planning commission shall make a preliminary report of its recommendations for such zoning regulations and shall hold a public hearing thereon for each township to be affected by the proposed regulations. Such hearings may be adjourned from time to time. Within ninety (90) days after the final adjournment of such hearings the county planning commission shall make its final report together with its proposed zoning regulations and a summary of the results of the public hearings to the board of county commissioners. The board of county commissioners may then adopt the proposed regulation or refer it back to the county planning commission for further consideration. If a written protest against the proposed zoning of any land lying within one and onehalf (1 1/2) miles of the limits of any municipality having a zoning ordinanc