Okla. Stat. tit. 19, § 19-1256 — OK Code / Title 19 / Section 19-1256
Contractor's bond - Deposit prior to acceptance of
Status: in_force

improvement - Amount - Repair of improvements.

Upon acceptance by the board of county commissioners of said

improvements, and before the final payment of the contract price,

the board of county commissioners of any county shall require the

contractor performing such work to make and execute a good and

sufficient surety bond or deposit sufficient securities or

obligations of the United States of America or of the State of

Oklahoma or some municipality subdivision thereof to be approved by

said board of county commissioners in the sum to be determined by

the board of county commissioners, in no case to be less than ten

percent (10%) of the contract price, conditioned that the contractor

Oklahoma Statutes - Title 19. Counties and County Officers Page 536

will immediately reimburse the county for the maintenance of said

improvements against any failure due to defective workmanship or

materials for a period of five (5) years from the time of its

completion and acceptances. Whenever any repairs of said

improvements due to defective workmanship or materials are deemed

necessary by the board of county commissioners they shall order the

same to be made under the supervision of the county engineer or,

where there is no county engineer, contract for the services of a

qualified engineer and the costs thereof certified to by said

engineer; and, when approved by the board of county commissioners,

the contractor and his bondsmen shall be notified of the amount

expended and shall immediately become liable therefor.
Okla. Stat. tit. 19, § 19-516 — OK Code / Title 19 / Section 19-516
Duty and powers as peace officer
Status: in_force

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.

B. The sheriff, in addition to the duties pursuant to

subsection A of this section, shall coordinate and administer

courthouse security.

R.L. 1910, § 1700. Amended by Laws 2006, c. 71, § 1, eff. July 1,

2006.

Oklahoma Statutes - Title 19. Counties and County Officers Page 233
Okla. Stat. tit. 19, § 19-863.38 — OK Code / Title 19 / Section 19-863.38
Electrical inspector - Deputies - Duties - Fees
Status: in_force

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.

Oklahoma Statutes - Title 19. Counties and County Officers Page 317

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.

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.
Okla. Stat. tit. 19, § 19-221 — OK Code / Title 19 / Section 19-221
Clerks of court - Consolidation of offices - Court clerk
Status: in_force

to perform duties.

The office of clerk of the district court, clerk of the county

court in all counties and clerk of the superior court in a county in

which a superior court is located, are hereby consolidated, and the

successor to the clerks of the different courts herein referred to

shall be designated and known as the "court clerk" and shall perform

all duties now provided by law to be performed by the district

clerk, clerk of the county court, and clerk of the superior court.
Okla. Stat. tit. 19, § 19-1415 — OK Code / Title 19 / Section 19-1415
Protests - Status of budget - Examination
Status: in_force

Within fifteen (15) days after the filing of any county budget

with the State Auditor and Inspector, any taxpayer may file protests

against any alleged illegality of the budget in the manner provided

by Sections 24104 through 24111 of Title 68 of the Oklahoma

Statutes. If no protest is filed by any taxpayer within the

fifteen-day period, the budget and any appropriation thereof shall

be deemed legal and final until amended by the county budget board.

Taxpayers shall have the right at all reasonable times to examine

the budget on file with the county clerk, county excise board or the

State Auditor and Inspector for the purpose of checking for

illegalities in the levies made or for filing protests in accordance

with this section.
Okla. Stat. tit. 19, § 19-387 — OK Code / Title 19 / Section 19-387
Unexpended balance of special fund
Status: in_force

Whenever there remains in the treasury of any county an

unexpended balance of any special fund, and all claims against such

funds have been fully paid, and the purpose for which it was created

has been fully observed, and there remains no further use for such

balance for the purpose for which it was created, it shall be lawful

for the board of county commissioners of such county to transfer

such balance to any other fund of the county or subdivision to which

such balance belonged.

R.L. 1910, § 1614.
Okla. Stat. tit. 19, § 19-138.5 — OK Code / Title 19 / Section 19-138.5
Duties
Status: in_force

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 the judge

and report to him in the manner prescribed by the judge.

Oklahoma Statutes - Title 19. Counties and County Officers Page 72

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 the application, the court shall advise the

defendant or, if applicable, his or her parent or legal guardian

that the application is signed under oath and under the penalty of

perjury. A copy of the application shall be sent to the prosecuting

attorney or the Office of the Attorney General, whichever is

appropriate, for review, and, upon request, the court shall hold a

hearing on the issue of the eligibility for appointment of the

county indigent defender.

C. If the defendant is admitted to bail and the defendant or

another person on behalf of the defendant posts a bond, other than

by personal recognizance, the court may consider such fact in

determining the eligibility of the defendant for appointment of the

county indigent defender; provided, however, such consideration

shall not be the sole factor in the determination of eligibility.
Okla. Stat. tit. 19, § 19-138.13 — OK Code / Title 19 / Section 19-138.13
Campaign committee organization statements
Status: in_force

Each campaign committee shall file a statement of organization

with the Ethics Commission subject to the same requirements as set

forth for candidate committees for state office to file statements

of organization under Rules of the Ethics Commission promulgated

pursuant to Section 3 of Article XXIX of the Oklahoma Constitution

including, but not limited to, time for filing and contents, except

as otherwise provided in the County Campaign Finance and Financial

Disclosure Act.

Oklahoma Statutes - Title 19. Counties and County Officers Page 76
Okla. Stat. tit. 19, § 19-339.6 — OK Code / Title 19 / Section 19-339.6
Curfew for juveniles - Fine - Community service
Status: in_force

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.

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.

Oklahoma Statutes - Title 19. Counties and County Officers Page 175

C. The county shall correspond and work in conjunction with any

appropriate state agency, if assistance is required in producing

signs and posting the curfew.

D. The county shall post curfew information, as determined

pursuant to subsections A through C of this section, on the county

line marker where any state highway enters a county and at all off-

ramps where interstate highways or turnpikes enter a county, unless

a state agency has such jurisdiction to properly post signs. The

appropriate board of county commissioners shall reimburse any state

agency that may assist for the full cost of the required signage.

E. Any person convicted of a curfew violation pursuant to this

section shall be fined an amount not exceeding Twenty-five Dollars

($25.00). Any person convicted of a second or subsequent curfew

violation shall be fined an amount not exceeding One Hundred Dollars

($100.00), or assigned not more than thirty (30) hours of community

service, or both such fine and community service hours.
Okla. Stat. tit. 19, § 19-14 — OK Code / Title 19 / Section 19-14
Form of ballot - Election of officers
Status: in_force

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 40

"Yes"

"No"

If such election is for the formation of a new county, there shall

also, and at the same time be held an election for the purpose of

electing a full quota of county officers, for said proposed county,

and there shall be separate ballots prepared for said purpose,

containing the names of the various candidates to be voted for at

said election, which said ballots, when voted, shall be placed in a

separate box. If the change sought to be made is the transfer of

territory from one county to an existing county, said ballots shall

contain the words, "Shall said territory become a part of ________

county?" (filling in the name of the county, to which said territory

is sought to be transferred), followed by the words

"Yes"

"No"
Okla. Stat. tit. 19, § 19-754 — OK Code / Title 19 / Section 19-754
Use of proceeds of sale of property by city or county
Status: in_force

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.
Okla. Stat. tit. 19, § 19-901.41 — OK Code / Title 19 / Section 19-901.41
Accounts and accounting - Budgets - Needs assessment
Status: in_force

Oklahoma Statutes - Title 19. Counties and County Officers Page 445

Any monies received or expended by the district must be

accounted for by fund and account. Each district shall prepare a

budget for the general fund and for other funds as the board may

require pursuant to this act. The board shall determine the

district's needs for sinking fund purposes, and include these

requirements in the debt service fund budget for the budget year.
Okla. Stat. tit. 19, § 19-902.22 — OK Code / Title 19 / Section 19-902.22
Fraud or irregularities in election - Dispute
Status: in_force

procedure.

Any person seeking to dispute an election held pursuant to

Section 4 or 5 of this act for alleged irregularities or fraud shall

do so by filing a written petition with the board of county

commissioners of such county within ten (10) days of the date of

such election. The board of county commissioners shall set the

matter for hearing not less than ten (10) days nor more than thirty

(30) days from the filing of the petition. Any person seeking to

dispute the determination of the board of county commissioners made

at such hearing may appeal the decision of the board to the district

court in the manner provided by law for an appeal of an agency order

in Sections 318 through 323 of Title 75 of the Oklahoma Statutes.

Nothing in this section shall be construed to prohibit any

proceedings in district court, which are otherwise authorized by

law, alleging irregularities or fraud in an election.
Okla. Stat. tit. 19, § 19-864.15 — OK Code / Title 19 / Section 19-864.15
Violations
Status: in_force

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 339

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.

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.
Okla. Stat. tit. 19, § 19-1009 — OK Code / Title 19 / Section 19-1009
Bringing in other cities, towns or school districts
Status: in_force

The governing body of any other city, town or school district in

a county in which a city-county park and/or recreation system has

been established is authorized to contract with the city-county park

and recreation commission, subject to the approval of the governing

body of the city and the board of county commissioners, to bring

such other city, town or school district into the city-county park

and/or recreation system, upon such terms as may be mutually agreed

upon, and for that purpose may lease to the city-county park and

recreation commission any recreational facilities or property which

such other city, town or school district may own, may include in its

annual budget appropriations for participation in the city-county

park and/or recreation system, and shall pay over to the city-county

park and/or recreation system funds so appropriated, which funds

shall be combined with the funds of the city and county and expended

in the same manner as herein provided for the expenditure of such

funds.

Oklahoma Statutes - Title 19. Counties and County Officers Page 507
Okla. Stat. tit. 19, § 19-863.41 — OK Code / Title 19 / Section 19-863.41
Increase in population
Status: in_force

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).
Okla. Stat. tit. 19, § 19-783 — OK Code / Title 19 / Section 19-783
Holding of election - Ballots
Status: in_force

Oklahoma Statutes - Title 19. Counties and County Officers Page 274

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."
Okla. Stat. tit. 19, § 19-155.1 — OK Code / Title 19 / Section 19-155.1
See the following versions:
Status: in_force

OS 19-155.1v1 (HB 1189, Laws 2017, c. 22, § 1).

OS 19-155.1v2 (SB 48, Laws 2017, c. 212, § 2).
Okla. Stat. tit. 19, § 19-1605 — OK Code / Title 19 / Section 19-1605
Application for license - Contents
Status: in_force

A. Any transient merchant desiring to transact business in any

county in this state shall make application for and obtain a license

in each county in which such merchant desires to transact business.

The application for license shall be filed with the court clerk, and

shall include the following information:

1. The name and permanent address of the transient merchant

making the application, and if the applicant is a firm or

corporation the name and address of the members of the firm or the

officers of the corporation, as the case may be;

2. If the applicant is a corporation, there shall be stated on

the application form the date of incorporation, the state of

incorporation, and if the applicant is a corporation formed in a

state other than the State of Oklahoma, the date on which such

corporation qualified to transact business as a foreign corporation

in the State of Oklahoma;

3. A statement showing the kind of business proposed to be

conducted, the length of time for which the applicant desires to

transact such business and the location of such proposed place of

business;

Oklahoma Statutes - Title 19. Counties and County Officers Page 585

4. The name and permanent address of the transient merchant's

registered agent or office; and

5. The applicant has acquired all other required city, county,

and state permits and licenses.

B. There shall be attached to the application a receipt or

statement showing that any personal property taxes due on goods,

wares, or merchandise to be offered for sale have been paid.
Okla. Stat. tit. 19, § 19-901.48 — OK Code / Title 19 / Section 19-901.48
Transfer of appropriation between accounts
Status: in_force

A. The board may transfer any unexpended and unencumbered

appropriation or any portion thereof from one account to another

within the same department or from one department to another within

the same fund; except that no appropriation for debt service or

other appropriation required by law may be reduced below the

minimums required.

B. Whenever the necessity for maintaining any special fund of a

district has ceased to exist and a balance remains in the fund, the

board may authorize the transfer of the balance to the general fund.

Applicable law shall govern the use or transfer of balance in any

debt service or special revenue fund.

Oklahoma Statutes - Title 19. Counties and County Officers Page 449
Okla. Stat. tit. 19, § 19-1240 — OK Code / Title 19 / Section 19-1240
Appraisement and apportionment of benefits - Errors in
Status: in_force

description of lot or tract liable for assessment.

Within ten (10) days of the filing of the final plans,

specifications and cost estimates with the county clerk, the board

of county commissioners shall, by resolution, direct the county

assessor to appraise and apportion the benefits to the several lots

and tracts of land which shall be described in the resolution

according to the record title of the land. Any error in the

description of any lot or tract of land liable for assessments shall

not invalidate such assessment or lien.
Okla. Stat. tit. 19, § 19-531 — OK Code / Title 19 / Section 19-531
Inmate Trust Fund Checking Account
Status: in_force

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.

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 237

treatment as provided in Section 979a of Title 22 of the Oklahoma

Statutes.

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.
Okla. Stat. tit. 19, § 19-423 — OK Code / Title 19 / Section 19-423
Partial invalidity
Status: in_force

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.
Okla. Stat. tit. 19, § 19-867.1 — OK Code / Title 19 / Section 19-867.1
Dedications for street or highway purposes not required
Status: in_force

as condition for approval of zoning ordinance.

The county commissioners of any county or the governing body of

any incorporated city or town or the planning commission of any

Oklahoma Statutes - Title 19. Counties and County Officers Page 371

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 lot-split deed shall not require the

dedication for street or road right-of-way 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 lot-split 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 set-back requirements.
Okla. Stat. tit. 19, § 19-155.4 — OK Code / Title 19 / Section 19-155.4
Destruction of certain types of work books, reports and
Status: in_force

records after certain length of time.

The county treasurer in each county in Oklahoma is hereby

authorized, each year, to destroy the hereinafter mentioned types of

Oklahoma Statutes - Title 19. Counties and County Officers Page 83

work books, reports and records that have been on file or stored in

his or her office for the period specifically indicated as follows:

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

a. mortgage tax receipts,

b. all records pertaining to personal tax warrants, and

c. personal tax lien docket;

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

settlement:

a. all tax protest records, and

b. municipal bond and judgment records;

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

a. all tax rolls and tax roll adjustments,

b. all special assessment rolls,

c. all tax sale and resale records, and

d. real property, personal property, special assessments

and emergency or back tax receipts; and

4. After the expiration of seven (7) years, provided that the

State Auditor and Inspector has completed his audit for such years

and has not in his report required the record to be retained for a

longer period of time:

a. all records pertaining to school districts,

b. all bookkeeping records and instruments pertaining to

apportionment and distribution of monies,

c. warrant registers,

d. miscellaneous income and distribution receipts and

records, and

e. bank statements, deposit tickets, F.D.I.C. documents,

depository records, reports, checks, purchase orders

and other bookkeeping records.
Okla. Stat. tit. 19, § 19-554 — OK Code / Title 19 / Section 19-554
Retiring officers - Request for permission to keep and
Status: in_force

bear arms - Issuance of commission - Exemptions.

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:

1. When the retiring officer has been convicted of a felony

involving moral turpitude;

2. Where the officer is mentally or physically incapacitated

and could not perform duties if recalled; and

3. When good cause is shown that granting approval of the

request would be detrimental to the public health, safety and

welfare.

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.
Okla. Stat. tit. 19, § 19-118 — OK Code / Title 19 / Section 19-118
Treasurer's checks and drafts to show purpose of payment -
Status: in_force

Duplicate attached to voucher.

All checks or drafts of the treasurer of such county upon the

bank holding the public money shall show upon their face for what

purpose they were drawn, and a duplicate of said check or draft

shall be attached to the warrant, voucher or order so paid.

R.L. 1910, § 1545.

Oklahoma Statutes - Title 19. Counties and County Officers Page 61
Okla. Stat. tit. 19, § 19-685 — OK Code / Title 19 / Section 19-685
County treasurer may bring suit
Status: in_force

Oklahoma Statutes - Title 19. Counties and County Officers Page 257

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.
Okla. Stat. tit. 19, § 19-1414 — OK Code / Title 19 / Section 19-1414
Examination of budgets - Powers and duties of excise
Status: in_force

board.

A. The county excise board shall examine the county budgets.

The excise board may take the following actions on the budgets:

1. For any items or amounts which are not authorized by law or

which may be contrary to law, the unlawful amounts or items shall be

stricken and disregarded;

2. Any amount which exceeds the lawful amount authorized by law

shall be reduced to the extent authorized by law;

3. If any items or amounts are mandated by law and not provided

for the county excise board shall return the budget to the county

budget board to revise the budget to provide for the mandated items

or amounts. The county budget board shall revise or amend the

budget as needed and resubmit the budget within fifteen (15) days of

the return by the excise board;

4. If any portion of the budget of revenues to be derived from

ad valorem property tax exceeds the amount of tax which is available

for appropriation, as finally determined and computed by the county

excise board, the excise board shall return the budget to the county

budget board to revise or amend the budget as needed and resubmit

the budget within fifteen (15) days of the return by the excise

board;

5. If any reduction or amendment in the budget is required by

the computations of Section 3017 of Title 68 of the Oklahoma

Statutes, the county excise board shall note these and return the

budget to the county budget board to revise or amend the budget as

needed and resubmit the budget within fifteen (15) days from the

date of the return by the excise board; and

6. If the budget is within the income and revenues lawfully

available, the excise board shall approve the budget and compute the

levy required.

B. At the time required by law, the county excise board shall

compute the appropriations and levy the taxes necessary for the

county for the budget year in accordance with this act and Section

3017 of Title 68 of the Oklahoma Statutes.

C. The secretary of the county excise board shall certify the

approved budget to the county budget board, the county treasurer and

the State Auditor and Inspector. A copy of the budget as adopted

Oklahoma Statutes - Title 19. Counties and County Officers Page 550

and approved by the excise board shall be filed in the offices of

the county clerk, the secretary of the county excise board and the

State Auditor and Inspector.
Okla. Stat. tit. 19, § 19-1253 — OK Code / Title 19 / Section 19-1253
Grounds for sustaining action against board of county
Status: in_force

commissioners.

No suit shall be sustained to set aside any assessment, or to

contest the area of assessment, or to enjoin the board of county

commissioners from levying or collecting any such assessment, or

installment thereof, or interest or penalty thereon, or issuing the

bonds, or providing for their payment or contesting the validity

thereof on any ground, or for any reason, other than for the failure

of the board to adopt and publish the resolution declaring the

necessity for such improvements and the publication thereof as

provided in Section 6 of this act, and to give notice of the hearing

on the return of the appraisers unless such suit shall be commenced

Oklahoma Statutes - Title 19. Counties and County Officers Page 535

not more than fifteen (15) days after the publication of the

resolution levying assessments and no suit shall be sustained after

the work has been completed and accepted by such county, except for

failure to give such notice of the preliminary resolution of

necessity or the failure to give the notice of the hearing on such

return of the appraisers; and provided, further, that in the event

any special assessment shall be found to be invalid or insufficient,

in whole or in part, for any reason whatever the board may, at any

time in such manner provided for levying an original assessment,

proceed to cause a new assessment to be made and levied which shall

have like force and effect as an original assessment.
Okla. Stat. tit. 19, § 19-872 — OK Code / Title 19 / Section 19-872
Petition
Status: in_force

A petition shall be filed with the board of county commissioners

signed by a majority of the holders of title to lands in the

proposed district desiring to be embraced in such district, which

petition shall set forth the name of the proposed district, the

boundaries of the proposed district, and shall pray that the same be

organized into a sewer improvement district under the provisions of

this act. The petition must be accompanied by a map of the proposed

district, such map showing the boundaries of said district, and the

approximate proposed location of sewer line or lines, and the sewage

treatment plant, if any. The map shall be drawn to a scale of not

less than two (2) inches to the mile. The petitioners must

accompany the petition with a good and sufficient bond, to be

approved by the board of county commissioners in double the amount

of the probable cost of organizing such district, conditioned that

the bondsmen will pay all costs in case said organization shall not

be effected. Such petition shall be filed with the county clerk.

Notice shall be published one time at least ten (10) days before the

time at which such petition will be considered in some newspaper

printed and published in the county, stating the time when the

petition will be considered by the board of county commissioners,

and that all persons interested may appear and be heard. Such

notice, when published, shall contain therein a brief substance of

the contents of the petition. The board of county commissioners

shall have exclusive jurisdiction to hear and determine all contests

and objections to the creation of such district and all matters

pertaining to the same, and at the time set for said hearing the

same, the board may amend the plan for such improvement district by

excluding from within its boundaries any lands which it may deem

will not be benefited by the formation of such district, or by

including other lands as a part of such district, upon the

application of the owner filed at or prior to said hearing. At such

hearing said board shall also determine whether or not the formation

of such improvement district as originally presented or in a

modified form will be conducive or beneficial to the public health

and if said board determines that it will, then said board shall

make an order establishing such sewer improvement district subject

to the result of an election to be held therein and said board shall

give notice of an election to be held in such proposed improvement

district for the purpose of determining whether or not the same

Oklahoma Statutes - Title 19. Counties and County Officers Page 390

shall be organized under the provisions of this act. Such notice

shall describe the boundaries as established and shall designate a

name for such proposed district and said notice shall be published

for at least two (2) weeks prior to said election in some newspaper

of general circulation in the county. Such notice shall require the

electors to cast ballots which contain the words: "Sewer

Improvement District _______ Yes", or "Sewer Improvement District

________ No", or words equivalent thereto. All persons, resident of

such proposed district, who are qualified electors in their

respective precincts, shall be qualified to vote on the proposition.
Okla. Stat. tit. 19, § 19-444 — OK Code / Title 19 / Section 19-444
Publication of proceedings
Status: in_force

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 W-2 Form of the

employee. Such annual publication of the employees and their

salaries shall be published annually in the month of February for

the preceding calendar year in a newspaper of the county which meets

the requirements set forth in Section 106 of Title 25 of the

Oklahoma Statutes.

It shall also be the mandatory duty of the board of county

commissioners and the county excise board, each fiscal year, to take

such steps as may be necessary and proper under the statutes

relating to estimates of needs and appropriations, to appropriate,

in the General Government account within the general fund of the

county, an amount sufficient to pay for the publication of all such

proceedings during the fiscal year, at the legal rate therefor, but

in no event less than the total of legal claims for publication of

such proceedings during the immediately preceding fiscal year.

Oklahoma Statutes - Title 19. Counties and County Officers Page 216

R.L. 1910, § 1648. Amended by Laws 1953, p. 79, § 1, emerg. eff.

May 19, 1953; Laws 1986, c. 136, § 1, eff. Nov. 1, 1986; Laws 1993,

c. 318, § 4, emerg. eff. June 7, 1993.
Okla. Stat. tit. 19, § 19-180.59 — OK Code / Title 19 / Section 19-180.59
County assessor's certificate controlling as to
Status: in_force

valuations.

The gross assessed total tangible property valuation for ad

valorem tax purposes in each county, or service-ability factor,

shall be determined from the county assessor's certificate of such

valuations as filed with the excise board of the county for the

purpose of computation of ad valorem tax levies of each year, and no

subsequent amendments thereto to effect an increase or decrease in

such valuations shall have any effect for such year whatsoever.
Okla. Stat. tit. 19, § 19-334 — OK Code / Title 19 / Section 19-334
Records relating to bridges and roads
Status: in_force

They shall keep a book for the entry of all proceedings and

adjudications relating to bridges, and the establishment, change or

discontinuance of roads.

R.L. 1910, § 1595.
Okla. Stat. tit. 19, § 19-1601 — OK Code / Title 19 / Section 19-1601
Short title
Status: in_force

Sections 1 through 11 of this act shall be known and may be

cited as the "Transient Merchant Licensing Act".
Okla. Stat. tit. 19, § 19-902.19 — OK Code / Title 19 / Section 19-902.19
Formation of district without bonded indebtedness or
Status: in_force

tax levies.

Whenever ten or more persons who are holders of title to lands

located outside the corporate limits of any incorporated city or

town file a petition and map with the board of county commissioners

of the county in which such area is located showing that they are

the owners of all land described and included within the boundaries

of the proposed district, that they all desire the formation of a

rural road limited improvement district and that there will not be

any bonded indebtedness or levy of taxes for payment of road

improvement or maintenance, the said board of county commissioners

may forthwith enter its order organizing such district, specifying

therein that such district has no power to incur debt or levy taxes;

and when such order is entered such district shall have the powers

conferred herein or such as may hereafter be conferred by law upon

such district.
Okla. Stat. tit. 19, § 19-453 — OK Code / Title 19 / Section 19-453
School guards - Qualifications and tenure - Salary
Status: in_force

The board of county commissioners may authorize employment of

school guards for the sole and only purpose of directing travel and

Oklahoma Statutes - Title 19. Counties and County Officers Page 219

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.
Okla. Stat. tit. 19, § 19-553 — OK Code / Title 19 / Section 19-553
Retiring sheriffs and deputies - Retention of peace
Status: in_force

officer status - Firearms and badges – Death and spousal request.

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.

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’s office may grant the request in

accordance with their policy, if any.
Okla. Stat. tit. 19, § 19-422 — OK Code / Title 19 / Section 19-422
Penalties
Status: in_force

No special penalties shall apply to any public officer charged

with the performance of duties under this act other than that

provided in 19 O.S. 1951, § 28.
Okla. Stat. tit. 19, § 19-215.37B — OK Code / Title 19 / Section 19-215.37B
Certification of funds available for operation of
Status: in_force

district attorney's office.

Prior to June 25 of each fiscal year, the District Attorneys

Council shall certify to each county clerk the amount of funds which

will be made available for the operation of the district attorney's

office in that county for the ensuing fiscal year. A copy of the

certification shall also be sent to the district attorney in whose

district the county is situated. The funds so certified shall not

exceed the state funds made available for such purposes. Provided,

if the amount of state funds has not been finalized, the Council

shall estimate the amount available and adjust the estimate when the

available funds have been determined in the manner hereinafter

provided.
Okla. Stat. tit. 19, § 19-769 — OK Code / Title 19 / Section 19-769
Courthouse fund and other monies - Purchase of material
Status: in_force

without bids.

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.
Okla. Stat. tit. 19, § 19-138.6 — OK Code / Title 19 / Section 19-138.6
Secretaries - Investigators - Salary
Status: in_force

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.

Oklahoma Statutes - Title 19. Counties and County Officers Page 73
Okla. Stat. tit. 19, § 19-767 — OK Code / Title 19 / Section 19-767
Audits - Destroyed records - Apportionment of cash on
Status: in_force

hand.

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 272

balance of cash on hand to the credit of the various funds of each

of such municipal subdivisions of such county.
Okla. Stat. tit. 19, § 19-138.8 — OK Code / Title 19 / Section 19-138.8
Expert witness compensation
Status: in_force

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.
Okla. Stat. tit. 19, § 19-866.34 — OK Code / Title 19 / Section 19-866.34
Continued operation after population increase
Status: in_force

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).
Okla. Stat. tit. 19, § 19-1416 — OK Code / Title 19 / Section 19-1416
Expenditures exceeding fund balance prohibited - Budget
Status: in_force

balances - Other unlawful acts - Liability.

A. No expenditure may be authorized or made by any county

officer or employee which exceeds any fund balance in any fund for

which a budget is not required to be adopted.

B. 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.

C. It shall be unlawful for any county officer or employee in

any budget year of a fund for which a budget has been prepared:

1. To create or authorize creation of a deficit in any fund; or

2. To authorize, make or incur expenditures or encumbrances in

excess of ninety percent (90%) of the appropriation for a given

category of expenditure in the budget of any fund as adopted or

amended until revenues in an amount equal to at least ninety percent

(90%) of the appropriation have been collected. Any fund balance

which is included in the appropriation within a given fund is

considered revenue in the budget year for which it is appropriated.

Expenditures may then be made and authorized as revenues are

available so long as any expenditure does not exceed the actual fund

balance in any budgeted fund.

D. Any obligation that is contracted or authorized by any

county officer or employee in violation of this act shall become the

obligation of the officer or employee himself and shall not be valid

or enforceable against the county. Any county officer or employee

who violates this act shall forfeit his office or position and shall

Oklahoma Statutes - Title 19. Counties and County Officers Page 551

be subject to such civil and criminal punishments as are provided by

law. Any obligation, authorization for expenditure or expenditure

made in violation of this act shall be illegal and void.
Okla. Stat. tit. 19, § 19-82 — OK Code / Title 19 / Section 19-82
Qualifications of voters - Form of affidavit
Status: in_force

Any person desiring to vote at such special election, after

having passed the challengers whose duties shall be the same as

prescribed by law governing any general election, and being admitted

to the room, shall, before being given a ballot, permit the clerks

to fill out an affidavit and such intended voter shall subscribe and

swear to such affidavit before the special election commissioner,

after which such person shall be given a ticket and permitted to

prepare same and deliver the ballot to the special election

commissioner who shall, in the presence of the voter, deposit the

ballot in the proper ballot box, and shall deposit the affidavit in

the box provided for that purpose. The form of the affidavit

required of all persons presenting themselves to vote at such

special election shall be substantially as follows:

AFFIDAVIT.

State of Oklahoma,)

Oklahoma Statutes - Title 19. Counties and County Officers Page 56

)ss.

County of ________)

, of lawful age, first being duly sworn, upon oath deposes and

says: That such person is a citizen of the United States, is over

the age of 18 years, that such person has been for one year last

past a bona fide resident of the state, of said county six months

and in _____ precinct thirty (30) days next preceding this date;

that such person came to his or her present residence from

_________, and is a legally qualified elector in the precinct on

this day and has not voted in the election.

_____________________

Subscribed and sworn to before me this _____ day of _________

A.D. (year).

Special Election Commissioner.

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

1998.
Okla. Stat. tit. 19, § 19-24 — OK Code / Title 19 / Section 19-24
Supreme Court to decide controversies
Status: in_force

Oklahoma Statutes - Title 19. Counties and County Officers Page 45

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.
Okla. Stat. tit. 19, § 19-1401 — OK Code / Title 19 / Section 19-1401
Short title
Status: in_force

This act may be cited as the "County Budget Act".
Okla. Stat. tit. 19, § 19-522 — OK Code / Title 19 / Section 19-522
May not recommend or act as attorney - List of attorneys
Status: in_force

posted.

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 Twenty-five

Dollars ($25.00); and for the third offense, he shall be removed

Oklahoma Statutes - Title 19. Counties and County Officers Page 235

from office. The sheriff shall keep posted in each cell of the jail

a list of the attorneys practicing in his county.

R.L. 1910, § 1706.
Okla. Stat. tit. 19, § 19-902.6 — OK Code / Title 19 / Section 19-902.6
Directors - Meetings - Terms - Bylaws - Election
Status: in_force

resolution - Conduct of election - Vacancies.

Directors of a rural road improvement district shall be the

owners of real property in and residents of said district. At the

time of making its order organizing the district, the board of

county commissioners shall set a first meeting of property owners of

said district and direct the manner of giving notice by publication

thereof. The owners of property within the district present at such

meeting shall elect nine (9) directors who shall hold their office

until the next general election, at which time their successors

shall be elected. The property owners present at such first meeting

shall adopt the bylaws of the district. At the first general

election after organization of the district the three qualified

persons receiving the highest number of votes for member of board of

directors of the district shall hold their respective offices for

the term of six (6) years. The three qualified persons receiving

the next highest number of votes shall be elected for four (4)

years, and the three qualified persons having the next highest

number of votes shall be elected for two (2) years. Each two (2)

years thereafter, there shall be elected for a term of six (6) years

three members of said board of directors. The board of directors of

Oklahoma Statutes - Title 19. Counties and County Officers Page 459

the district shall submit, within fifteen (15) days before the

filing period of any district election, a resolution to the

secretary of the county election board conducting said election.

The resolution shall contain the following:

1. The date of the election; and

2. The offices to be filled or the questions to be voted upon

at the election; and

3. Qualifications for the offices; and

4. Any other information necessary for conducting said

election.

The regular election in the district shall be held at the same time

as the general election in this state. All polling places of

precincts, all or any part of which include areas within the

boundaries of the district, shall be supplied ballots for the

purpose of permitting electors of the district to vote for members

of the board of directors of the district. Filing for the office of

member of the board of directors shall be with the county election

board on a nonpartisan basis during the regular filing period for

state and county offices and shall be done without the payment of a

filing fee and without filing of a petition in support of the

candidate's candidacy. Vacancies on the board shall be filled, for

the unexpired term thereof, by the board of directors.
Okla. Stat. tit. 19, § 19-513.2 — OK Code / Title 19 / Section 19-513.2
Sheriff's duties in operation or management of jail
Status: in_force

facility, holding facility or detention center applicable to public

trust, private owner or management entity.

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.

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 227

responsibilities required to operate, manage and provide services to

any person in the custody of such facility.

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.

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.
Okla. Stat. tit. 19, § 19-901.23 — OK Code / Title 19 / Section 19-901.23
Withdrawal of territory from district
Status: in_force

Any portion of the district which will not be benefited by

remaining therein may be withdrawn from the district by the filing

of a petition containing the names of more than fifty-one percent

(51%) of the homeowners with three (3) acres or less, homeowners

within a planned unit development, or property owners who are not

developers of a planned unit development or other real estate

development within the portion sought to be withdrawn, requesting

the withdrawal of such portion from the district on the grounds that

it will not be benefited by remaining therein. Such petition shall

be filed with the board of county commissioners and notice thereof

shall be given to the board of directors of the district. The time

for hearing said petition shall not be less than thirty (30) days

after the receipt of the petition. Any person interested may appear

at the hearing and object to the withdrawal or may object to the

continuance of the remaining territory as a district. The board of

county commissioners shall consider and pass upon all objections and

if it finds that the portion of the district sought to be withdrawn

will not be benefited by remaining within the district and will not

serve as a fire hazard to the remaining portion of the district, and

that the territory remaining in the district will be benefited by

continuing as a district then it shall grant the petition. In

determining the benefits to the territory to be withdrawn and

determining what constitutes a fire hazard, the board shall consider

the location of the nearest fire protection facility. If the

nearest facility is considered by the board to be an unsafe distance

which would create a fire hazard to the territory to be withdrawn or

Oklahoma Statutes - Title 19. Counties and County Officers Page 426

the remaining territory, the board shall deny the petition. The

board shall also consider the benefit to the territory sought to be

withdrawn of any newly constructed fire protection facilities or

newly purchased fire protection equipment for the district and if

such facilities and equipment are determined to be of substantial

benefit to the territory to be withdrawn, then the board may deny

the petition. If in the judgment of the board of county

commissioners existence of the territory sought to be withdrawn will

make further existence of the district impracticable, the board

shall proceed to order a dissolution of the district. In the case

of withdrawal of any property from the district as herein provided,

such property shall remain subject to the payment of its

proportionate part of any bonds theretofore authorized by the

district and shall remain subject to annual assessment for the

payment of the principal and interest thereof in the same manner and

to the same extent as if such property had not been withdrawn. Such

annual assessments, however, shall be computed upon the appraisal

shown on the district appraisal record at the time of the withdrawal

of such property.
Okla. Stat. tit. 19, § 19-138.7a — OK Code / Title 19 / Section 19-138.7a
Fees for attorneys defending death penalty cases
Status: in_force

A. In every case in which the defendant is subject to the death

penalty and an attorney other than a county indigent defender is

assigned to the case as provided by Section 138.7 of Title 19 of the

Oklahoma Statutes, total compensation for attorneys who serve as

lead counsel and co-counsel shall not exceed the limits set in

Section 1355.13 of Title 22 of the Oklahoma Statutes.

B. The maximum statutory fee established pursuant to this

section may be exceeded only when counsel establishes that the case

is an exceptional one which requires an extraordinary amount of time

to litigate and that the request for extraordinary attorney fees is

reasonable.
Okla. Stat. tit. 19, § 19-74 — OK Code / Title 19 / Section 19-74
Notice of election - Tickets and candidates
Status: in_force

Such elections shall be held upon such public notice as the

Governor in his proclamation may direct; and the Governor shall

cause to be placed upon the tickets to be voted at such election

only the names of such cities, towns and places as may, more than

twenty (20) days prior to such election, file with the Governor

verified petitions therefor, as above mentioned, signed by not less

than three hundred qualified electors of said county.

R.L. 1910, § 1520.
Okla. Stat. tit. 19, § 19-130.5 — OK Code / Title 19 / Section 19-130.5
Objectives of education and training programs
Status: in_force

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:

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 job-

related topics on a timely basis;

2. Improving the efficiency of county government operations by

providing technical assistance in the administration of mandated

duties;

3. Improving the technical skills of county employees by

providing technical training in the operation and maintenance of

construction equipment and machinery; and

4. Serving as a reference and resource center for county

officials.

Oklahoma Statutes - Title 19. Counties and County Officers Page 65
Okla. Stat. tit. 19, § 19-863.43 — OK Code / Title 19 / Section 19-863.43
Partial invalidity
Status: in_force

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.
Okla. Stat. tit. 19, § 19-1708 — OK Code / Title 19 / Section 19-1708
Preparation of annual budget for each fund
Status: in_force

The board shall prepare for each budget year a budget for each

fund whose activities require funding through appropriation, such as

general, capital projects and debt service.
Okla. Stat. tit. 19, § 19-740 — OK Code / Title 19 / Section 19-740
Use of sinking fund - Warrants against estimated proceeds
Status: in_force

of tax levy.

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 263

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.
Okla. Stat. tit. 19, § 19-1410 — OK Code / Title 19 / Section 19-1410
Fund budgets required - Format - Contents
Status: in_force

A. At least thirty (30) days prior to the beginning of each

fiscal year, a budget for each fund of the county for which a budget

is required shall be completed by the county budget board. Each

budget shall provide a complete financial plan for the budget year.

The budget format shall be as prescribed by the State Auditor and

Inspector. The format shall contain at least the following in

tabular form for each fund, itemized by department and account

within each fund:

1. Actual revenues and expenditures for the immediate prior

fiscal year;

2. Estimated actual revenues and expenditures for the current

fiscal year; and

Oklahoma Statutes - Title 19. Counties and County Officers Page 547

3. Estimated revenues and proposed expenditures for the budget

year.

B. The budget for each fund shall contain a budget summary. It

shall also be accompanied by a budget message from the governing

body which shall explain the budget and describe its important

features.

C. The estimate of revenues in each fund for any budget year

shall include probable income by source which the county is legally

empowered to collect or receive at the time the budgets are adopted.

The estimate shall be based upon a review and analysis of past and

anticipated revenues of the county. Any portion of the budget of

revenues to be derived from ad valorem property taxation shall not

exceed the estimated amount of tax which is available for

appropriation, as provided by the county excise board, or which can

or must be raised as required by law. The budget of expenditures

for each fund shall not exceed the estimated revenues for each fund.

No more than ten percent (10%) of the total budget for any fund may

be budgeted for miscellaneous purposes. Included in the budget of

revenues or expenditures for any fund may be amounts transferred

from or to another fund. Any such interfund transfer shall be shown

as a transfer from the one fund and as a transfer to the other fund.

D. The county budget board shall determine the needs of the

county for sinking fund purposes, pursuant to Section 431 of Title

62 and Section 28 of Article X of the Oklahoma Constitution, and

include these requirements in the debt service fund budget for the

budget year.
Okla. Stat. tit. 19, § 19-637 — OK Code / Title 19 / Section 19-637
When additional security required of treasurer
Status: in_force

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.

R.L. 1910, § 7432.
Okla. Stat. tit. 19, § 19-891 — OK Code / Title 19 / Section 19-891
Costs and expenses - Paid out of construction fund
Status: in_force

The cost and expense of purchasing and acquiring property and

constructing the works and improvements herein provided for shall be

wholly paid in cash or in the bonds of said district issued as

hereinbefore provided at their par value with accrued interest. The

bonds may be issued in series or installments, and shall be turned

over and delivered to the contractor in payment of the amount due in

accordance with the terms of his contract, including advertising,

engineering, and other expenses. Said bonds shall be executed and

delivered from time to time on completion and approval of the work

or any part thereof, to an amount equal to the cost and expense of

purchasing and acquiring property and constructing the works and

improvements so completed and accepted. Such bonds or any portion

Oklahoma Statutes - Title 19. Counties and County Officers Page 404

thereof may be sold for cash at not less than par and accrued

interest, within the discretion of the board of directors.
Okla. Stat. tit. 19, § 19-863.28 — OK Code / Title 19 / Section 19-863.28
Violations and penalties
Status: in_force

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 five-mile 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.
Okla. Stat. tit. 19, § 19-868.11 — OK Code / Title 19 / Section 19-868.11
Zoning by board of county commissioners
Status: in_force

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.
Okla. Stat. tit. 19, § 19-622 — OK Code / Title 19 / Section 19-622
Bond of county treasurer
Status: in_force

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).

Any surety or sureties on the bond of such county treasurer may

at any time examine into, investigate and audit the books and

Oklahoma Statutes - Title 19. Counties and County Officers Page 247

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.

R.L. 1910, § 1729. Amended by Laws 1931, p. 143, § 1; Laws 1933, c.

23, p. 52, § 1; Laws 1933, c. 206, p. 491, § 1; Laws 1975, c. 6, §

1, emerg. eff. Feb. 7, 1975.
Okla. Stat. tit. 19, § 19-901.33 — OK Code / Title 19 / Section 19-901.33
Application of act
Status: in_force

Oklahoma Statutes - Title 19. Counties and County Officers Page 442

This act shall apply to all fire protection districts created

pursuant to the provisions of Section 901 et seq. of Title 19 of the

Oklahoma Statutes.
Okla. Stat. tit. 19, § 19-1213 — OK Code / Title 19 / Section 19-1213
Hearing and determination of annexation petition
Status: in_force

At the time and place set for the hearing and consideration of

the petition, the board of county commissioners shall ascertain

whether proper notice has been given and whether the statements

contained in the petition are true. If true, and if a majority of

the members of the board of the district to which annexation is

desired do not object to such statement, the board of county

commissioners shall enter into its minutes such findings and shall

set forth in the minutes a description of the new boundaries of such

district. Thereafter, residents within the annexed territory shall

be entitled to ambulance service.
Okla. Stat. tit. 19, § 19-460.3 — OK Code / Title 19 / Section 19-460.3
Trustees - Time and place for meetings
Status: in_force

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.
Okla. Stat. tit. 19, § 19-1008 — OK Code / Title 19 / Section 19-1008
Powers of commission
Status: reserved

Every city-county park and recreation commission created by this

act shall have all the powers necessary or convenient for the

accomplishment of the purpose and provisions hereof, including, in

addition to others herein granted, the following powers, all of

which shall be exercised subject to approval by the governing body

of the city and the board of county commissioners:

(a) To establish a city-county park and/or recreation system

including, but not limited to, in combination or singly, facilities

as parks, parkways, playgrounds, playfields, swimming pools,

stadiums, social or community centers, arboreta, botanical gardens,

conservatories, museums, preserves, wildlife areas, zoological

gardens, other recreation areas and areas of scenic, historic or

Oklahoma Statutes - Title 19. Counties and County Officers Page 506

archaeologic interest, and lands reserved for flood conditions for

impounding runoff water or for other conservation purposes.

(b) To adopt such rules and regulations for the operation of the

recreation system as may be deemed necessary or expedient.

(c) To purchase, lease, or otherwise acquire land or buildings

or portions of buildings for recreation purposes.

(d) To erect, maintain, and operate public recreation buildings

or facilities at one or more places within or beyond the corporate

limits of any county, city, town or school district in the

recreation system.

(e) To accept transfer of any existing public recreation

facility or facilities by lease or other conveyance.

(f) To acquire by purchase or otherwise equipment and other

personal property customarily used in the operation of public

recreation facilities, including necessary motor vehicles.

(g) To sell and dispose of personal property acquired by

purchase or other means when by proper resolution the commission

finds that said property is not needed for recreation purposes.

(h) To accept, hold, and convey legal title to interests in real

property in the name "City-County Park and Recreation Commission of

_______ County", which shall be its official name. Deeds or other

conveyances of said interests in real property shall be executed for

and on behalf of the commission by the chairman and shall be

attested by the secretary, only after authorization by resolution of

the governing body of the city and the board of county

commissioners.

(i) To accept or in its discretion to decline donations tendered

to the city-county park and/or recreation system.
Okla. Stat. tit. 19, § 19-866.5 — OK Code / Title 19 / Section 19-866.5
Establishment of planning commission
Status: in_force

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.

Oklahoma Statutes - Title 19. Counties and County Officers Page 351
Okla. Stat. tit. 19, § 19-1609 — OK Code / Title 19 / Section 19-1609
Issuance of license - Transferability - Validity
Status: in_force

A transient business license shall be issued only when all the

requirements of the Transient Merchant Licensing Act have been met.

Such license shall not be transferable, shall be valid only within

the territorial limits of the issuing county, shall be valid only

for a period of ninety (90) days, and shall be valid only for the

business stated in the application. A license so issued shall be

valid for only one person, unless such person shall be a member of a

partnership or employee of a firm or corporation obtaining such

license.
Okla. Stat. tit. 19, § 19-1421 — OK Code / Title 19 / Section 19-1421
Implementation and administration of act
Status: in_force

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 all the forms of whatsoever nature referred

to in this act including but not necessarily limited to budget

forms, supporting schedule forms and all other accounting stationery

required, desired or needed under the provisions of this act.
Okla. Stat. tit. 19, § 19-863.48 — OK Code / Title 19 / Section 19-863.48
Penalties - Injunction
Status: in_force

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 323

imprisonment for a maximum period of thirty (30) days upon

conviction thereof. Each day shall constitute a separate violation.

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.
Okla. Stat. tit. 19, § 19-738 — OK Code / Title 19 / Section 19-738
Character of bonds
Status: in_force

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 twenty-

five (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.

R.L. 1910, § 1629. Amended by Laws 1979, c. 30, § 6, emerg. eff.

April 6, 1979; Laws 1983, c. 170, § 30, eff. July 1, 1983.
Okla. Stat. tit. 19, § 19-61 — OK Code / Title 19 / Section 19-61
Jurisdiction and powers of Supreme Court - Summons - Scope
Status: in_force

of inquiry.

Original and exclusive jurisdiction is hereby conferred upon the

Supreme Court to hear and determine any action that may be brought

for the purpose of equitably dividing and distributing the property,

assets and liabilities, derived through the process of taxation,

bonds, warrants or other evidences of indebtedness, of any county

formerly existing in the Territory of Oklahoma, between such county

and any new county or counties created by the Constitution in whole

or in part out of the territory of such county; and for the purpose

of rendering and enforcing complete justice in any such action, the

Supreme Court shall have the power to make and render all necessary

orders, judgments and decrees, and to issue and enforce all

necessary process, mesne, and final:

Oklahoma Statutes - Title 19. Counties and County Officers Page 49

Provided, that the Supreme Court shall have exclusive original

jurisdiction of all actions involving the custody of, or the right

to transcribe the tax rolls or other records of any such county or

counties, and the ownership and distribution of the taxes assessed

and collectable therein:

Provided further, that, for the purpose of hearing and receiving

evidence and reporting findings of law and fact, the Supreme Court

may appoint a special master in chancery in such case.

The Clerk of the Supreme Court shall issue summons which shall

be served on the defendants in any such action in the same manner as

is provided by law for the issuance and service of summons in the

district courts of this state:

Provided, that the Supreme Court shall inquire into and

determine whether or not public property, derived through public or

private donation or otherwise, shall be subject to division under

the terms of this article; and unless the court so determine, it

shall not take into consideration, in dividing the property, assets

and liabilities, any property so derived, and, in the event the

court so determines, it shall have jurisdiction to, and shall take

all such property into consideration in dividing the property,

assets and liabilities aforesaid; provided, that the provisions of

this act shall apply to counties created, or attempted to be

created, as provided by law, and subsequently dissolved by judicial

decree; and provided further, that such property, assets and

liabilities acquired by any such county created and dissolved shall

be divided between or among such counties as were affected by the

creation and dissolution of such new county; and provided further,

that where a portion of such territory formerly embraced in any such

new county is now a portion of some county other than the county

from which it was originally proposed to be taken to form such new

county, then such other county now embracing such territory shall be

construed to have been affected by the creation and dissolution of

such new county as provided herein.

R.L. 1910, § 1512. Amended by Laws 1917, c. 142, p. 226, § 1.
Okla. Stat. tit. 19, § 19-863.39 — OK Code / Title 19 / Section 19-863.39
Standards of safety
Status: in_force

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.

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

Oklahoma Statutes - Title 19. Counties and County Officers Page 318

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.
Okla. Stat. tit. 19, § 19-18 — OK Code / Title 19 / Section 19-18
Booths and conveniences - Election officers - How appointed
Status: in_force

- Oath - Fees.

On the day set for the holding of said special election, it

shall be the duty of said special election board, to see that each

Oklahoma Statutes - Title 19. Counties and County Officers Page 42

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.
Okla. Stat. tit. 19, § 19-1277 — OK Code / Title 19 / Section 19-1277
Issuance and sale of bonds - Competitive bids - Deposit
Status: in_force

of proceeds.

A. If at the election three-fifths (3/5) of the voters voting

thereon shall vote in favor of the issuance of water facility or

reservoir general obligation bonds, the board of county

commissioners shall proceed at once with the issuing of the bonds

and shall deposit them in the treasury of the county. The county

treasurer shall be responsible and chargeable for the bonds on his

official bond.

B. The bonds shall be sold by competitive bid. The board of

county commissioners shall award the purchase of the bonds to the

highest responsible bidder, but shall have the right to reject any

and all bids. The board shall in no event sell any of the bonds for

less than par with accrued interest.

C. Proceeds from the sale of said bonds shall be deposited in

the treasury of said county and the county treasurer shall pay out

such money upon the orders of the board of county commissioners from

time to time as the same shall be needed.