Bill Text For SB0684 - Enrolled

  |ENROLLED SENATE                                                        |
  |BILL NO. 684                         By: Ballenger of the Senate       |
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  |                                         Joyner of the House           |
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  |       An Act relating to counties and county officers;                |
  |       amending 19 O.S. 2001, Section 866.22, which relates            |
  |       to the county board of adjustment; making language              |
  |       gender neutral; clarifying language; modifying quorum           |
  |       requirements; and providing an effective date.                  |
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  |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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  |    SECTION 1.     AMENDATORY     19 O.S. 2001, Section 866.22, is     |
  |amended to read as follows:                                            |
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  |    Section 866.22  The board of county commissioners of any such      |
  |county shall appoint a county board of adjustment composed of five     |
  |(5) members, residents of such county, two (2) of whom shall reside    |
  |outside the corporate limits of the municipality, for a term of        |
  |three (3) years, except that when the first appointment is made        |
  |hereunder, the term of office of two (2) of said members shall be      |
  |one (1) year, the term of two (2) of said members shall be two (2)     |
  |years, and the term of office of one (1) of said members shall be      |
  |three (3) years.  A member of such county board of adjustment, once    |
  |qualified, can thereafter be removed during his or her term of         |
  |office only for cause and after a hearing held before the board of     |
  |county commissioners.  In the event of the death, resignation or       |
  |removal of any such member before the expiration of his or her term,   |
  |a successor shall be appointed by the board of county commissioners    |
  |to serve his or her unexpired term.  All members of the county board   |
  |of adjustment shall serve as such without compensation.                |
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  |    The county board of adjustment shall elect its own chairman        |
  |chair and shall adopt rules or procedures consistent with the          |
  |provisions of this act Section 866.1 et seq. of this title.  The       |
  |chairman chair, or, in his or her absence, the acting chairman         |
  |chair, may administer oaths and compel the attendance of witnesses.    |
arsid13000843 ENR. S. B. NO. 684                                   Page 1
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  |Four (4) Three members of the county board of adjustment, with both    |
  |the city and the county being represented, shall constitute a          |
  |quorum.  All meetings of the county board of adjustment shall be       |
  |open to the public and a public record shall be kept of all            |
  |proceedings.                                                           |
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  |    The county board of adjustment may, with the approval of the       |
  |board of county commissioners, appoint such employees as may be        |
  |necessary and may incur necessary expenses, within the limits of the   |
  |appropriations authorized by the board of county commissioners.        |
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  |    For each petition and for each request for a public hearing, the   |
  |county board of adjustment shall collect a fee the amount thereof to   |
  |be fixed by the respective boards of county commissioners which such   |
  |fees shall be deposited with the county treasurer as required by       |
  |law, and credited to the general fund of the county, and report        |
  |thereof made to the board of county commissioners each month.          |
  |Publication notices and transcripts on appeal shall be paid for by     |
  |parties requiring or requesting the same.                              |
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  |    SECTION 2.  This act shall become effective November 1, 2009.      |
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  |    Passed the Senate the 25th day of February, 2009.                  |
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  |                                    Presiding Officer of the Senate    |
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  |    Passed the House of Representatives the 16th day of April, 2009.   |
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  |                                    Presiding Officer  of the House    |
  |                                                 of Representatives    |
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arsid13000843 ENR. S. B. NO. 684                                   Page 2
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