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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2914 By: Wallace, Caldwell (Trey),
and Hilbert of the House
and
Hall and Rosino of the
Senate
COMMITTEE SUBSTITUTE
An Act relating to law enforcement funding; creating
the Oklahoma Sheriff 's Office Funding Assistance
Grant Program Act of 2024; authorizing certain
reference and citatio n; establishing the Okla homa
Sheriff's Office Funding Assistance Grant Program;
defining terms; providing for administration by the
Attorney General's Office; declaring purpose;
establishing program procedures and criteria;
establishing grant amounts at certain levels under
certain qualifications ; authorizing proportional
reductions; limiting use of proceeds; prohibiting
reduction and supplanting of exiting funding prior to
certain date; authorizing the promul gation of rules;
creating the Oklahoma Sheriff 's Office Funding
Assistance Revolving Fund; est ablishing revolving
fund characteristics; deeming funds appropriated;
providing purpose for expenditures; authorizing and
limiting budgeting and expenditures; requiring
budgeting and expenditure procedures; amending 19
O.S. 2021, Section 180.62 , which relates to county
officer salaries; exempting sheriff from salary
range; requiring sheriff salary not be below certain
benchmark; establishing sheriff salary range;
amending 19 O.S. 2021, Section 180.43, which relates
to payments by sheriffs; expanding authori ty for use
of funds; amending 19 O.S. 2021, Section 180.65 ,
which relates to deputy pay; authorizing cert ain
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payments and stipends ; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 20k-1A of Title 74, unless there
is created a duplication in numberin g, reads as follows:
A. This act shall be known and may be cited as the "Oklahoma
Sheriff's Office Funding Assistance Grant Program Act of 2024 ".
B. There is hereby established the Oklahoma Sheriff's Office
Funding Assistance Grant Program.
C. As used in the Oklahoma Sheriff 's Office Funding Assist ance
Grant Program Act of 2024:
1. "Gross assessed total tangible property valuation" means the
amount determined pursuant to the calculation provided in Sect ion
180.59 of Title 19 of the Oklahoma Statutes ;
2. "Grant" means an amount authorized to be awa rded under the
provisions of this section; and
3. "Qualified county" means any county recognized as a county
of this state as of the effective date of this act.
D. The Office of Attorney General shall establish and
administer the Oklahoma Sheriff 's Office Funding Assistance Grant
Program to support the state pu rpose of ensuring professional law
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enforcement throughout the state by prov iding financial assistance
to sheriff's offices in qualified counties. Such program shall
embody the following procedures and criteria:
1. Not later than the thirtieth day after t he first day of a
qualified county's fiscal year, the county may submit an application
for a grant to the Office of the Attorney General . A county may
submit only one application each fiscal year;
2. Grants awarded under the provisions of this section sh all be
to qualified counties in the following amounts , or in proportionally
equivalent reduced amounts if available funding for the program is
limited:
a. One Hundred Fifty Thousand Dollars ($ 150,000.00) for a
county in the lower twenty-six (26) of qualified
counties ranked by gross assessed total tangible
property valuation,
b. Two Hundred Fifty Thousand Dollars ($ 250,000.00) for a
county ranked higher t han twenty-six (26) but lower
than fifty-three (53) of qualified counties ranked by
gross assessed total tangible property valuation, and
c. Three Hundred Thousand Dollars ($ 300,000.00) for a
county ranked equal to or greater than fifty -three
(53) of qualified counties ranked by gross assessed
total tangible property valuation.
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E. Counties awarded a grant f rom the program shall limit use of
the grant proceeds to the lawful operation of the sheriff's office,
provided such proceeds shall not be used for the payment of salary.
F. Until the completion of the fiscal year ending June 30,
2026, no county shall reduce or supplant existing funding or the
county's methodology for allocating funds to a county sheriff 's
office due to the award of gran t funding as provided under the
provisions of this section.
G. The Office of the Attorney General is hereby authorized t o
adopt rules and procedures as necessary to carry out the provisions
of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 20k-1B of Title 74, unless there
is created a duplicat ion in numbering, reads as follows:
There is hereby created in the State Tr easury a revolving fund
for the Office of the Attorney General to be designated the
"Oklahoma Sheriff's Office Funding Assistance Revolving Fund". The
fund shall be a continuing fu nd, not subject to fiscal year
limitations, and shall consist of all monies directed to the fund
and eligible for deposi t by law. All monies accruing to the credit
of said fund are hereby appropria ted and may be budgeted and
expended by the Office of the Attorney General exclusively for the
purposes and in compliance with the Ok lahoma Sheriff's Office
Funding Assistance Grant Program , created in Section 1 of this act.
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Expenditures from said fund sh all be made upon warrants issued by
the State Treasurer ag ainst claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 3. AMENDATORY 19 O.S. 2021, Section 180.62, is
amended to read as follows:
Section 180.62 A. The basic salaries of coun ty officers upon
which all salaries and future increases or decreases thereof shall
not be less than Nineteen Thousan d Dollars ($19,000.00) per annum
nor shall they exceed Forty-nine Thousand Five Hundred Dollars
($49,500.00) per annum, provided the basic salary for the s heriff,
which shall be no less than other salaries for county officers
controlled by this secti on, shall not be less than Forty-four
Thousand Dollars ($44,000.00) per annum nor shall it exceed Seventy-
four Thousand Five Hundred Dollars ( $74,500.00) per annum .
B. The board of cou nty commissioners, or if the county has
elected to come under the County Budg et Act, the budget board
members of the county, shall set the salaries for all elected county
officials within the limits allowed by law.
C. The annual salaries fixed by this act shall be paid either
monthly or twice a month, by order of the board of coun ty
commissioners, for each month or fraction thereof the incumbent
lawfully occupies and holds title to such office.
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SECTION 4. AMENDATORY 19 O.S. 2021, Section 180.43, is
amended to read as follows:
Section 180.43. A. Each county sheriff may contract with any
public or private entity engaged in the business of transportation
of prisoners, the Department of Justice of the United States of
America, the Department of Corrections, or any municipality of this
state for the feeding, c are, housing, and upkeep of federal, state,
or municipal prisoners, or alien detainees incarcerated in t he
county jail. Any funds received pursuant to said contract shall be
the funds of the county where t he federal, state, or municipal
prisoners, or alien detainees are incarcerated and shall be
deposited in the Sheriff's Service Fee Account. All purchases made
pursuant to the provisi ons of this subsection shall be made pursuant
to the purchasing procedure s specified in Sections 1500 through 1507
of this title, including the use of blanket purchase o rders as
provided for in Section 310.8 of Title 62 of the Oklahoma Statutes.
The sheriff shall be permitted to expend the funds for capital
expenditures. The sheriff shall be permitted to expend any surplus
funds in the Sheriff's Service Fee Account for administering
expenses for salaries, training, equipment o r travel.
The claim for said expens es shall be filed with and allowed by
the board of county commissio ners as other claims. The sheriff
shall receive no compensation for said services. The sheriff shall
file an annual report with the board of county comm issioners not
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later than January 15 of each year. The State Auditor and In spector
shall conduct an audit of the report as on other public records of
the county.
B. In lieu of the travel reimbursem ent or monthly travel
allowance provided for by law, the b oard of county commissioners may
purchase and provide for the operation, ma intenance, insurance,
equipping, and repair of an automobile for each county commissioner
to be used in performing the duti es of his office. In lieu of the
travel reimbursement or monthly travel allowance provided f or by
law, the board of county commissio ners, with the concurrence of the
county sheriff, may purchase and provide fo r the operation,
maintenance, insurance, equip ping, and repair of automobiles for the
use of the sheriff in performing the duties of his of fice. Any
automobile purchased pursuant to the authority granted i n this
section shall be purchased by competitive b ids. The use of any said
automobile for priva te or personal purposes is hereby prohibited.
In any county having a population of at least three hundred fifty
thousand (350,000), where it is determined by t he sheriff to be more
economical and advantageous to the county, the sheriff may establish
a monthly automobile allowance of not more than Four Hundred Do llars
($400.00) per month in lieu o f the mileage per mile for in -county
driving as authorized in this section. Any travel reimbursement
other than in-county driving as provided for in this section shall
be for actual and necessary expenses as provided for in the State
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Travel Reimbursement Act. Any person violating the provision s of
this subsection, upon conviction, shall be guilty of a misdemeanor
and shall be punished by a fine of not more than On e Hundred Dollars
($100.00) or by imprisonment in the coun ty jail for not more than
thirty (30) days, or by both said fine and impris onment, and in
addition thereto shall be discharged from county employment.
C. The State of Oklahoma hereby declares and s tates that the
increased number of persons impersonating l aw enforcement officers
by making routine traffic stops while using unmarke d cars is a
threat to the public health and safety of all of the citizens of the
State of Oklahoma; therefore it shall be u nlawful for any county
sheriff, deputy sheriff or reserve deputy sheriff to use any vehicle
which is not clearly marked as a law enfo rcement vehicle for routine
traffic enforcement except as provided in Section 12-218 of Title 47
of the Oklahoma Statutes. In addition to Section 12-218 of Title 47
of the Oklahoma Statutes, the peace officer operat ing the law
enforcement vehicle for rout ine traffic stops shall be dressed in
the official uniform including shoulder patches, badge, and any
other identifying ins ignias normally used by the employing law
enforcement agency.
D. Each county sheriff may ope rate, or contract the operation
of, a commissary for the benefit of persons lawfully confined in the
county jail under the custody of the county sheriff. Any fund s
received pursuant to said operations shall be the funds of the
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county where the persons are incarcerated and shall be deposited in
the Sheriff's Commissary Ac count. The sheriff shall be permitted to
expend the funds to improve or provide jail services. The sheriff
shall be permitted to expend any surplus in t he Sheriff's Commissary
Account for administering expenses for training equ ipment, travel or
for capital expenditures. The claims for expenses shall be filed
with and allowed by the board of county commissioners in the same
manner as other claims. The sh eriff shall receive no compensation
for the operation of said commissary. The sheriff shall file an
annual report on any said commissary under his or h er operation no
later than January 15 of each year. The State Auditor and Inspector
shall conduct an audit of the report in the same manne r as other
public records of the county.
E. Each county sheriff ma y operate, or contract the operation
of, a telephone system for the benefit of persons lawfully confined
in the county jail under the custody of the count y sheriff. Any
funds received pursuant to said operations shall be the fun ds of the
county where the persons are incarcerated and shall be deposited in
the Sheriff's Service Fee Account. Such fund s may be expended
according to the guidelines previously e stablished for expenditures
from the general fund. The claims for expenses shall be filed with
and allowed by the board of county commissioners in the same manner
as other claims.
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SECTION 5. AMENDATORY 19 O.S. 2021, Section 180.6 5, is
amended to read as follows:
Section 180.65. A. The officers named in paragraph 1 of
Section 180.61 of this title sh all have such number of regul ar or
technical deputies, assistants, investigators, evidence persons,
aides, stenographers or reporters , technicians, undersheriffs,
jailers, matrons, handwriting an d fingerprint experts, probation
officers, juvenile officers, bailiffs or other help, whatever title
the principal officer may ascribe to the duties or functions to be
performed as authorized by law and clearly related to the proper
accomplishment of lawfu l functions, whether on whole or part -time
basis, at such rates of salary or pay, subject to the provisions of
this section as hereinafter set forth, as the principal officer may
propose and establish the need of and which the county excise board
may approve, for the adequate accomplishment of the functions of the
office and the performance of the duties imposed thereon by law,
with due weight being given to employment on whole or part -time
basis. However, no such employments shall exceed the amount of
lawful funds appropriated for such purpose , provided however,
nothing in this section shall b e interpreted to prohibit additional
salary payments or stipends paid from the Sheriff's Service Fee
Account.
B. Each principal officer named in paragraph 1 of Secti on
180.61 of this title, except judges, shall designate of record in
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the office of the cou nty clerk a first or chief deputy, undersherif f
or assistant who shall be chargeable with all the duties of such
principal officer, while subject to the direction of the same. The
first or chief deputy, undersheriff or assistant shall carry on the
duties of the office during the absence of the princi pal officer or,
in the event of the death, removal or resi gnation of said principal
officer, until a successor shall hav e qualified. During periods of
vacancy of the principal office, resulting from the death, removal
or resignation of the principal offic er, the chief deputy,
undersheriff or assistant shall be b onded in the same manner and in
the same sum as required for t he principal officer.
C. No deputy, as defined in paragraph 2 of Section 161 of this
title, shall receive a salary in excess of the pri ncipal officer.
Any employee employed to perform duties t hat are not in assistance
to a county officer in the performan ce of the official duties of the
county officer including, but not limited to, specialized or
technical duties, may receive a salary in excess of a county
officer. The salaries set forth in this subsection within the
limitations shall be such amounts as t he principal officer may
propose and establish the need for and which the county excise bo ard
may approve within salary and staffing req uirements as may be
prescribed by law. The numerical rank of any deputy or assistant to
be effective must be by designa tion of the principal officer by the
signature of the principal officer and filed with the county clerk.
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The numerical rank of any depu ty or assistant shall be within the
sole discretion of the principal officer.
D. The board of county commissioners shal l continue to have the
authority to recommend the total amount of funds that can be used
for the combined salaries in each of the county offices covered by
this title. However, the approval of the funding for such offices
shall continue to be the responsi bility of the county excise board.
County officers shall have no authority to make salary commitments
beyond the amount of the funding so provided.
E. The county excise board shall meet with e ach of the
principal officers of the county in budget plannin g conference or
conferences, before July 1 of each year, to discuss personnel needs
for each office for the succeeding fiscal year. The excise board
shall provide the principal officers a tentat ive estimate of
anticipated revenues for the next fiscal year prior to the budget
planning conferences.
SECTION 6. This act shall become effective July 1, 2024.
SECTION 7. It being immediately necessary for the preservatio n
of the public peace, health or safety, an emergency i s hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
AND BUDGET, dated 05/27/2024 - DO PASS, As Amended and Coauthored.