ENROLLED SENATE
BILL NO. 170	By:	Holt of the Senate

			and

		Grau and Walker of the House

An Act relating to surplus county property; amending 19 O.S. 2001, Section 421.2, which relates to the transfer of surplus property; deleting prohibition to declaring certain property surplus; and providing an effective date.

SUBJECT:  County surplus property

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

SECTION 1.     AMENDATORY     19 O.S. 2001, Section 421.2, is amended to read as follows:

Section 421.2  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 to benefit a significant part of the public served by the county; provided, however, one of the county commissioners voting in the majority is the county commissioner from whose district the subject property is to be transferred.  Upon such transfer, the subject property shall be removed from the inventory of the county.  The 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.

SECTION 2.  This act shall become effective November 1, 2011.

Passed the Senate the 22nd day of February, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 13th day of April, 2011.

	
Presiding Officer of the House
	of Representatives