ENROLLED HOUSE
BILL NO. 2573	By:	Trebilcock, Ritze, Smithson, Tibbs and Duncan of the House

				and

			Coffee and Gumm of the Senate

An Act relating to counties and county officers; amending 19 O.S. 2001, Sections 180.63 and 180.75, which relate to basic salary increases for county officers; directing basic salaries for county officers be increased according to certain scale; amending 19 O.S. 2001, Section 746, as amended by Section 1, Chapter 139, O.S.L. 2008 (19 O.S. Supp. 2009, Section 746), which relates to medical care costs for persons in custody; directing hospitals to accept payment pursuant to certain fee schedule; and providing an effective date.

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

SECTION 1.     AMENDATORY     19 O.S. 2001, Section 180.63, is amended to read as follows:

Section 180.63  In every county in this state, the salary of all county officers named in paragraph 1 of Section 180.61 of this title may shall be increased from the applicable basic salary named in Section 180.62 of this title, for net valuation or serviceability, according to the following scale:

A.	To the basic salary:

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

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

3.	Thereafter add the product of One Hundred 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;

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.

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

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

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

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

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

SECTION 2.     AMENDATORY     19 O.S. 2001, Section 180.75, is amended to read as follows:

Section 180.75  A.  In every county in this state which approves an exemption of household goods of the heads of families and livestock employed in support of the family from ad valorem taxation pursuant to the provisions of Section 6 of Article X of the Oklahoma Constitution, the salary of all county officers named in paragraph 1 of Section 5 180.73 of this act may title shall be increased from the applicable basic salary named in Section 6 180.74 of this act title, for the factor of service-ability, as defined in Section 3 180.71 of this act title, according to the following scale:

1.  To the basic salary:

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

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

c.	thereafter add the product of One Hundred 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),

d.	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

2.  The salary of each county officer shall be additionally increased from the basic salary named in Section 6 180.74 of this act title, and the additions to the basic salary as provided in this section, for population or service load according to the following scale:

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

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

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

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

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

SECTION 3.     AMENDATORY     19 O.S. 2001, Section 746, as amended by Section 1, Chapter 139, O.S.L. 2008 (19 O.S. Supp. 2009, Section 746), is amended to read as follows:

Section 746.  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.

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.

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.

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.

SECTION 4.  This act shall become effective November 1, 2010.

Passed the House of Representatives the 27th day of May, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 28th day of May, 2010.

	
Presiding Officer of the Senate