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Posted: Nov 07, 2019 10:17 AMUpdated: Nov 07, 2019 10:21 AM

ACCO Focuses on 26 New Laws for County Government

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Garrett Giles

On Friday, Nov. 1st, 324 new laws went into effect. Out of all of those bills, 26 are related to Oklahoma’s 77 counties and County Government. Washington County Commissioner Mitch Antle oversees District 1 of the County. He said the Association of County Commissioners of Oklahoma (ACCO) wants all County Governments to be aware of the following new laws.

House Bill 1071:

Permits the Transportation Commission to set a speed limit of 75 miles per hour in locations comprising rural segments of the interstate highway system, provided that speed is determined to be safe and reasonable after a traffic or engineering study has been completed by the Oklahoma Department of Transportation. The bill permits the Oklahoma Turnpike Authority to set a speed limit of 80 miles per hour for portions of toll roads as approved by the authority.

House Bill 1110:

Expands the scope of penalties for dumping trash to include private property and in violation of any county or county or state zoning or public health regulations. It raises the fine for such violation from $200 to $500. It modifies the range of penalties for traffic citations.

House Bill 1218:

Adds forecast for a temperature of over 100 degrees Fahrenheit as a requirement for a burn ban.

House Bill 1257:

Eliminates the $50 cap on county contributions to a County Officer and Employee Deferred Savings Incentive Plan.

House Bill 1332:

Authorizes all-terrain vehicles to be driven on roadways within unincorporated areas of a county if those roadways are not part of the state highway system or the National System of Interstate and Defense Highways; provided, however, that the driver is a licensed driver.

House Bill 1939:

Requires the basic salaries of county officers upon which all salaries and future increases or decreases will be computed, to not be less than $19,000 per year nor will they exceed $44,500. It allows the salary of all county officers to be increased from the applicable basic salary for net valuation (service-ability;)   provided that by majority vote, of the Board of County Commissioners or the Budget Board in a budget board county at a public meeting agree there are sufficient revenues in the current budget to accept the increases. The date on which salary changes take effect shall be January 1 of each year. It repeals language related to the prohibition of a specified salary modification during a county officer's term of office.

House Bill 2097:

Exempts private and public easement of right-a-ways from the Oklahoma Underground Facilities Damage Prevention Act. The measure also requires underground facility operators to locate and mark their facilities prior to the date and time excavation work is scheduled to begin.

House Bill 2161:

Requires the directors of a fire protection district to be the surface owners of real property in and residents of the district and not be active firefighters for the fire protection district. It requires a board of directors to have the power by general regulation, published in the manner provided for the publication of ordinances in incorporated towns, to regulate outdoor burning with rules submitted for approval of the eligible voters at the same time as a board election or other regularly scheduled election with the cost borne by the district, and provide for action on the part of the State Fire Marshal or the Sheriff, or by civil action for the enforcement of such regulations.

Senate Bill 0003:

Modifies the county clerk's assessment of fees for providing records in an electronic format. It changes references to "pages" to "images," so that the maximum will be 25-cents per image or 15-cents per image for providing more than 3,500 images in an electronic format.

Senate Bill 0019:

Sets terms for REAL ID compliant and non-compliant driver licenses. It requires a secondary proof of identity only for REAL ID non-compliant driver license or identification cards. The bill requires proof of principal residency for REAL ID compliant driver licenses or identification cards. It also requires REAL ID compliant and REAL ID non-compliant commercial driver licensees to only bear only the residential address.

Senate Bill 0164:

Permits a fire protection district's board of directors, by resolution of the board, to expand its membership to seven or nine members to better ensure both geographic and population representation. The bill requires all fire protection districts having more than two full-time paid firefighters to have one full-time fire chief to supervise and administer the fire department in accordance with the policies and procedures prescribed by the board of directors. The bill provides that the fire department will be under the direction and control of the fire chief. It requires the fire chief, whether permanent or interim, of any paid or combination fire department have had at least three-years' actual experience as a paid firefighter before assuming the position or at least five-years' experience as a volunteer fire chief officer. The bill provides the property added to the fire protection district immediately become subject to the lien for the payment of bonds authorized by the district in the same manner as property within the district at the time of authorization of such bonds. It permits any landowner whose property is within the response area of the district as assigned by the county commissioners but is not within the fire protection district itself to elect to opt into the district by paying the assessment to the district, which makes the landowner a member of the district with full voting rights. The bill establishes requirements for a municipality annexing a portion of or all of a fire protection district. The bill permits the board of directors of a fire protection district to have a fiscal year which commences on January 1st and end on June 30th.

Senate Bill 0189:

Requires all state agencies and all political subdivisions to adopt a social networking and social media policy that applies to the personal use of social media by state employees and employees of any political subdivision to discourage abusive or offensive online behavior. The bill defines applicable terms. It provides that the social media and social networking policy developed by each agency and political subdivision will apply to all state employees and employees of any political subdivision who utilize social media or social networking networks in a private capacity and for work purposes. It requires the policies discourage the sharing of content or comments by state employees and employees of any political subdivision of this state containing the following, when it is directed at a citizen of the State of Oklahoma: obscene sexual content or links to obscene sexual content, abusive behavior and bullying language or tone, conduct or encouragement of illegal activity, intentionally dishonest conduct that could potentially result in harm to a citizen of this state, and disclosure of information which an agency and its employees are required to keep confidential by law, regulation or internal policy. It requires the policies to be distributed by email to each affected employee.

Senate Bill 0261:

Authorizes the Secretary of the State Election Board to direct the secretary of a county election board to conduct a post-election audit of election results, for the purpose of maintaining the security of the election system by ensuring that voting devices and software used in a particular election correctly tabulated the votes.  Other provisions of the measure include:

  • Authorizing the Secretary to employ security measures necessary for the protection of voting devices, election and registration systems, and related software and networks.
  • Requiring the county commissioners of each county to implement equivalent security measures at the county election board as those in place at other county agencies.
  • Making it a felony to access or tamper with any part of an election-related system of the State or county election board.
  • Modifying the circumstances under which the Secretary of the State Election Board can declare an election emergency.

Senate Bill 0337:

Increases the maximum speed for a moped to 35 miles per hour from 30 miles per hour. The bill permits mopeds to be operated on streets and highways if the municipal governing body has adopted an ordinance governing the operation of mopeds on city streets, provided, such ordinances must include necessary vehicle lighting and safety requirements or the board of county commissioners of a county has approved the operation of mopeds on roadways within the county.

Senate Bill 0394:

Permits a substitute candidate to have his or her name placed on the General Election ballot in the event that a deceased person receives a political party's nomination for office.

Senate Bill 0400:

Allows a board of county commissioners to construct or maintain streets of a municipality with population between 5,000 and 15,000 in a county with population less than 150,000, as long as that municipality has passed a sales tax or fee with proceeds earmarked to street construction and improvement. The measure also clarifies the ability of county commissioners to construct or maintain streets in a municipality if the county’s population is over 150,000.

Senate Bill 0442:

Increases the amount the county clerk is required to collect for each instrument recorded with the Registrar of Deeds to $10 from $5.

Senate Bill 0444:

Eliminates the distinction for county election purposes between counties with more than 17,500 registered voters and those with fewer than 17,500 registered voters. Provides for a single election board framework for all counties.  Any reference to the chief clerk of the election board in a county with fewer than 17,500 registered voters is eliminated.

Precinct election boards would be eliminated and replaced by three officials per precinct: a judge, a clerk, and an inspector. One must be from the largest political party in the state and one from the second-largest. These officials are to be appointed by the secretary of the county election board, and must be registered voters within the county. The secretary is authorized but not required to utilize a list of nominees for these positions from the county central committees of the two parties when making the appointments, and must maintain a current, public list of all precinct officials and absentee voting board members. A high school student in grades 11 or 12 who is at least 16 years of age may be appointed as a precinct official. SB 444 removes the ability of the secretary of a county election board to remove county election officials at will and instead requires the board to approve removal of officials. The CCS also adds the requirement for political parties to submit a list of possible precinct officials for appointment by county election secretaries. The CCS specifies that the increased compensation paid to those attending training sessions shall begin January 1st, 2021

The measure requires additional precinct officials to be authorized by the Secretary of the State Election Board. Pay for precinct officials is increased for future elections, and inspectors are allowed mileage reimbursement for certain election-related travel. State employees could be allowed administrative leave without loss of pay or benefits to train or serve as a precinct official or other election worker.

Senate Bill 0484:

Allows lawsuits to be brought against a county by naming a county officer when it is alleged that such officer in his or her official capacity is directly or vicariously liable to plaintiff in an action not arising out of a contract. It allows a suit to be brought against a county by naming the Board of County Commissioners of the county. It allows the court, in actions against the Board not arising out of a contract, to substitute a county officer in his or her official capacity for the Board upon a showing that such county officer is better suited to represent and defend the county under the particular facts of the case.

Senate Bill 0496:

Allows any person who is at least 17 years and six months of age, but less than 18 years of age, to submit a voter registration application as provided by law, and to be entitled to become a registered voter of the precinct of residence upon his or her 18th birthday.

Senate Bill 0590:

Authorizes boards of county commissioners to approve a continuing education program for full-time county employees with at least five consecutive years of service to the county. It provides that the program will consist of courses offered by state colleges and universities that are members of The Oklahoma State System of Higher Education; that participating employees maintain at least an "A" or "B" average in order to qualify for 100 percent reimbursement; that participating employees who maintain passing or satisfactory grades shall qualify for 75 percent reimbursement; require that documentation from colleges and universities regarding courses completed, credits earned, and tuition charged be submitted to a board of county commissioners within 90 days after the completion of courses. It requires general applications and request forms for such programs be submitted to a board of county commissioners or an appropriate human resources department prior to the conclusion of a county's current fiscal year. It requires employees who elect to participate in such programs to continue to meet the full responsibilities of their positions and require that participation not interfere with availability for scheduled work or negatively affect work performance. It also requires that employees not have been formally disciplined within one year prior to submitting their program application.

Senate Bill 0695:

Requires facilities and establishments specified therein located in a tax incentive district created via the Local Development Act by a county with a population of at least 500,000 qualify for a five-year period of exemption from ad valorem taxes.

Senate Bill 0853:

Increases the allowance for traveling expenses for county commissioners and sheriff from $600 to $700, from $500 to $600 for each county officer and county assessor, and from $400 to $500 for each county clerk and county treasurer.

Senate Bill 0870:

Allows county officers and employees to carry out all customary activities in the fighting of wildfires on private land without incurring liability to any person upon the receipt of permission of the landowner. The bill limits liability for landowners, county officers and employees using customary approaches to fight or prevent wildfires on private land.

Senate Bill 0962:

Gives the state, county or political subdivision immunity to liability claims for damages resulting from cattle guards or other devices designed to impede the movement of livestock or other animals on public roadways.

Senate Bill 1000:

Clarifies exempts residential property from the Oklahoma Energy Independence Act. Counties would be authorized to establish commercial Property Assessed Clean Energy programs. The bill also requires a property owner to obtain written consent from the holder of any mortgage on that property prior to the issuance of a loan pursuant to the act, and authority to determine terms of repayment of that loan is moved from the County Energy District Authority to the private lender. Finally, the measure provides that a lien imposed runs with the property and has the same status as a lien for unpaid property taxes.


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