|ENROLLED SENATE | |BILL NO. 269 By: Crain of the Senate | | | | and | | | | Wright (John) and Tibbs of | | the House | | | | | | | | | | | | | | An Act relating to counties and county officers; | | amending 19 O.S. 2001, Sections 682, as last amended | | by Section 2, Chapter 77, O.S.L. 2006 (19 O.S. Supp. | | 2008, Section 682), and 863.5, which relate to duties | | of county officer and commission membership; deleting | | certain rate of interest; making language gender | | neutral; authorizing certain persons to designate | | certain alternate to certain commission; providing an | | effective date; and declaring an emergency. | | | | | | | | | |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | | SECTION 1. AMENDATORY 19 O.S. 2001, Section 682, as last | |amended by Section 2, Chapter 77, O.S.L. 2006 (19 O.S. Supp. 2008, | |Section 682), is amended to read as follows: | | | | Section 682. It shall be the duty of each and every county | |officer, county board, county commission and all members and | |employees of either thereof, to deposit daily in the official | |depository designated in Section 681 of this title, all monies, | |checks, drafts, orders, vouchers, funds, rentals, penalties, costs, | |proceeds of sale of property, fees, fines, forfeitures and public | |charges of every kind received or collected by virtue or under color | |of office, except that each county officer, county board, and county | |commission is hereby authorized to keep in the office, from this | |deposit, no more than One Thousand Five Hundred Dollars ($1,500.00) | |to be used for their change needs. The amount so retained shall not | |be cumulative so that after each such deposit there shall not be on | |hand more than authorized by this section. A notation of the | |retention of this money shall be made in the proper accounting | |records. All checks, drafts, orders and vouchers so deposited shall | |be credited and cleared at par, and should payment be refused on any | arsid6504514 ENR. S. B. NO. 269 Page 1 ___________________________________________________________________________
|check, draft, order or voucher, should the same prove otherwise | |worthless, the amount thereof and any costs accruing thereon shall | |be a charge against the account theretofore credited with the same. | |Each county officer is hereby authorized to assess and collect a fee | |of Thirty-five Dollars ($35.00) for each worthless check, draft, | |order or voucher. All monies when so received by the county | |treasurer, as such official depository, shall be deposited in | |interest-bearing accounts in financial institutions designated and | |qualified as county depositories as now provided by law and shall | |draw interest, subject to deduction of financial institution charges | |for maintaining, processing and collateralizing the account,at a| |rate of not less than three percent (3%) per annum on average daily| |balances,which interest shall be paid monthly; and, when collected, | |shall be credited to the respective funds and accounts so earning | |the same; provided, that all interest collected on monies deposited | |pursuant to the provisions hereof shall be paid into the county | |treasury monthly by the authority to whose financial institution | |account the same shall have accrued and shall be credited to the | |general or contingent fund of the county, except that in civil cases | |all interest earned on funds, other than court costs, deposited in | |court by litigants shall, when so ordered by the court upon deposit, | |be disposed of as the court orders. This provision shall only apply | |to such deposit in excess of One Thousand Dollars ($1,000.00). | | | | SECTION 2. AMENDATORY 19 O.S. 2001, Section 863.5, is | |amended to read as follows: | | | | Section 863.5 The Metropolitan Area Planning Commission shall | |consist of eleven (11) members, selected as follows: six shall be | |appointed by the mayor and approved by the city council and three | |shall be appointed by the board. The mayor of the municipality or a | |person designated by the mayor as an alternate and thechairman| |chair of the board orother member of the boarda person designated | |by thechairmanchair of the board as an alternate shall be ex | |officio members of the Commission and shall be entitled to vote on | |all matters. Members selected by the mayor other than the alternate | |of the mayor shall serve for terms of three (3) years, except that | |the respective terms of the first two members appointed shall be one | |(1) year, the next two members appointed two (2) years, and the next | |two members three (3) years. Members selected by thechairmanchair | |of the board other than the alternate of thechairmanchair, shall | |serve for terms of three (3) years, except that the respective term | |of the members first appointed shall be one, two, and three years. | |All members of the Commission shall serve as such without | |compensation, except the commissioners may receive a per diem as set | |by the local board and council not to exceed Twenty-five Dollars | |($25.00) for each meeting attended not to exceed One Hundred Dollars | |($100.00) per month, and the appointed members other than the | arsid6504514 ENR. S. B. NO. 269 Page 2 ___________________________________________________________________________
|alternates shall hold no other municipal or county office. | |Vacancies occurring otherwise than through the expiration of term | |shall be filled for the unexpired term by the official appointing | |the original holder of said membership. | | | | A member of such Commission, other than an alternate, once | |qualified, can thereafter be removed during his or her term of | |office only for cause and after a hearing held before the governing | |body by which he or she was appointed. | | | | SECTION 3. This act shall become effective July 1, 2009. | | | | SECTION 4. It being immediately necessary for the preservation | |of the public peace, health and safety, an emergency is hereby | |declared to exist, by reason whereof this act shall take effect and | |be in full force from and after its passage and approval. | | | | Passed the Senate the 13th day of May, 2009. | | | | | | | | Presiding Officer of the Senate | | | | | | Passed the House of Representatives the 15th day of May, 2009. | | | | | | | | Presiding Officer of the House | | of Representatives | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | arsid6504514 ENR. S. B. NO. 269 Page 3©2008-09 eCapitol, LLC. All rights reserved.
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