OK
Oklahoma House Bill HB2914

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2914 Compare Versions

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1-An Act
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329 BILL NO. 2914 By: Wallace, Caldwell (Trey),
430 Hilbert, Burns, Sims, Ford,
531 Roe, and Hays of the House
632
733 and
834
9- Hall, Rosino, Woods, and
10-Stephens of the Senate
35+ Hall, Rosino and Woods of
36+the Senate
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1644 An Act relating to law enforcement funding; creating
1745 the Oklahoma Sheriff 's Office Funding Assistance
1846 Grant Program Act of 2024; authorizing certain
1947 reference and citatio n; establishing the Okla homa
2048 Sheriff's Office Funding Assistance Grant Program;
2149 defining terms; providing for administration by the
2250 Attorney General's Office; declaring purpose;
2351 establishing program p rocedures and criteria;
2452 establishing grant amounts at certain levels under
2553 certain qualifications ; authorizing proportional
2654 reductions; limiting use of proceeds; prohibiting
2755 reduction and supplanting of existing funding prior
2856 to certain date; authorizing the promulgation of
2957 rules; creating the Oklahoma Sheriff 's Office Funding
3058 Assistance Revolving Fund; est ablishing revolving
3159 fund characteristics; deeming funds appropriated;
3260 providing purpose for expenditures; authorizi ng and
3361 limiting budgeting and expenditu res; requiring
3462 budgeting and expenditure procedures; amending 19
3563 O.S. 2021, Section 180.62 , which relates to county
3664 officer salaries; exempting sheriff from salary
3765 range; requiring sheriff salary not be below certain
3866 benchmark; establishing sheriff salary range;
3967 amending 19 O.S. 2021, Section 180.43, which relates
4068 to payments by sheriffs; expanding authori ty for use
4169 of funds; amending 19 O.S. 2021, Section 180.65 ,
4270 which relates to deputy pay; authorizing cert ain
4371 payments and stipends; providing for codifica tion;
4472 providing an effective date; and declaring an
4573 emergency.
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50-SUBJECT: Law enforcement funding
51-
52103 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53-
54104 SECTION 1. NEW LAW A new section of law to be codified
55105 in the Oklahoma Statutes as Section 20k-1A of Title 74, unless there
56106 is created a duplication in numberin g, reads as follows:
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58107 A. This act shall be known and may be cited as the "Oklahoma
59108 Sheriff's Office Funding Assistance Grant Program Act of 2024 ".
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61109 B. There is hereby established the Oklahoma Sheriff's Office
62110 Funding Assistance Grant Program.
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64111 C. As used in the Oklahoma Sheriff 's Office Funding Assist ance
65112 Grant Program Act of 2024:
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67113 1. "Gross assessed total tangible property valuation" means the
68114 amount determined pursuant to the calculation provided in Section
69115 180.59 of Title 19 of the Oklahoma Statutes ;
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71116 2. "Grant" means an amount authorized to be awa rded under the
72117 provisions of this section; and
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74118 3. "Qualified county" means any county recognized as a county
75119 of this state as of the effective date of this act.
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77120 D. The Office of Attorney General shall establish and
78121 administer the Oklahoma Sheriff 's Office Funding Assistance Grant
79122 Program to support the state pu rpose of ensuring professional law
80123 enforcement throughout the state by providing financial assist ance
81124 to sheriff's offices in qualified counties. Such program shall
82125 embody the following procedures and criteria:
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84152 1. Not later than the thirtieth day after t he first day of a
85153 qualified county's fiscal year, the coun ty may submit an application
86154 for a grant to the Office of the Attorney General . A county may
87155 submit only one application each fiscal year;
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89156 2. Grants awarded under the provisions of this section sh all be
90-to qualified counties in the following amounts , or in proportionally ENR. H. B. NO. 2914 Page 3
157+to qualified counties in the following amounts , or in proportionally
91158 equivalent reduced amounts if available funding for the program is
92159 limited:
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94160 a. One Hundred Fifty Thousand Dollars ($ 150,000.00) for a
95161 county in the lower twenty-six (26) of qualified
96162 counties ranked by gross assessed total tangible
97163 property valuation,
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99164 b. Two Hundred Fifty Thousand Dollars ($250,000.00) for a
100165 county ranked higher t han twenty-six (26) but lower
101166 than fifty-three (53) of qualified counties ranked by
102167 gross assessed total tangible property valuation, and
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104168 c. Three Hundred Thousand Dollars ($300,000.00) for a
105169 county ranked equal to or greater than fifty -three
106170 (53) of qualified counties ranked by gross assessed
107171 total tangible property valuation.
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109172 E. Counties awarded a grant f rom the program shall limit use of
110173 the grant proceeds to t he lawful operation of the sheriff's office,
111174 provided such proceeds shall not be used for the payment of salary.
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113201 F. Until the completion of the fiscal year ending June 30,
114202 2026, no county shall reduce or supplant existing funding or the
115203 county's methodology for allocating funds to a county she riff's
116204 office due to the award of gran t funding as provided under the
117205 provisions of this section.
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119206 G. The Office of the Attorney General is hereby authorized t o
120207 adopt rules and procedures as necessary to carry out the provisions
121208 of this section.
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123209 SECTION 2. NEW LAW A new section of law to be codified
124210 in the Oklahoma Statutes as Sect ion 20k-1B of Title 74, unless there
125211 is created a duplicat ion in numbering, reads as follows:
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127212 There is hereby create d in the State Treasury a revolving fun d
128213 for the Office of the Attorney General to be designated the
129214 "Oklahoma Sheriff's Office Funding Assistance Revolving Fund". The
130215 fund shall be a continuing fu nd, not subject to fiscal year
131216 limitations, and shall cons ist of all monies directed to the fund
132217 and eligible for deposi t by law. All monies accruing to the credit
133218 of said fund are hereby appropria ted and may be budgeted and
134219 expended by the Office of the Attorney General exclusively for the
135-purposes and in compl iance with the Oklahoma Sheriff's Office ENR. H. B. NO. 2914 Page 4
220+purposes and in compl iance with the Oklahoma Sheriff's Office
136221 Funding Assistance Grant Program , created in Section 1 of this act.
137222 Expenditures from said fund sh all be made upon warrants issued by
138223 the State Treasurer ag ainst claims filed as prescribed by law with
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139250 the Director of the Office of Management and Enterpr ise Services for
140251 approval and payment.
141-
142252 SECTION 3. AMENDATORY 19 O.S. 2021, Section 180.62, is
143253 amended to read as follows:
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145254 Section 180.62 A. The basic salaries of coun ty officers upon
146255 which all salaries and future increases or de creases thereof shall
147256 not be less than Nineteen Thousan d Dollars ($19,000.00) per annum
148257 nor shall they exceed Forty-nine Thousand Five Hundred Dollars
149258 ($49,500.00) per annum, provided the basic salary for the s heriff,
150259 which shall be no less than other salaries for county officers
151260 controlled by this secti on, shall not be less than Forty-four
152261 Thousand Dollars ($44,000.00) per annum nor shall it exceed Seventy-
153262 four Thousand Five Hundred Dollars ( $74,500.00) per annum .
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155263 B. The board of county commissioners, or if the county has
156264 elected to come under the County Budg et Act, the budget board
157265 members of the county, shall set the salaries for all elected county
158266 officials within the limits allowed by law.
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160267 C. The annual salaries fixed by this act shall be paid either
161268 monthly or twice a month, by order of the board of coun ty
162269 commissioners, for each month or fraction thereof the incumbent
163270 lawfully occupies and holds title to such office.
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165271 SECTION 4. AMENDATORY 19 O.S. 2021, Section 180.43, is
166272 amended to read as follows:
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168299 Section 180.43 A. Each county sheriff may contract with any
169300 public or private entity engaged in the business of transportation
170301 of prisoners, the Department of Justice of the United States of
171302 America, the Department of Correction s, or any municipality of this
172303 state for the feeding, c are, housing, and upkeep of federal, state,
173304 or municipal prisoners, or alien detainees incarcerated in t he
174305 county jail. Any funds received pursuant to said contra ct shall be
175306 the funds of the county wh ere the federal, state, or municipal
176307 prisoners, or alien detainees are incarcerated and shall be
177308 deposited in the Sheriff's Service Fee Account. All purchases made
178309 pursuant to the provisi ons of this subsection shall b e made pursuant
179310 to the purchasing proc edures specified in Sections 1500 through 1507
180-of this title, including the use of blanket purchase o rders as ENR. H. B. NO. 2914 Page 5
311+of this title, including the use of blanket purchase o rders as
181312 provided for in Section 310.8 of Title 62 of the Oklahoma Statutes.
182313 The sheriff shall be permitted to expen d the funds for capital
183314 expenditures. The sheriff shall be permitted to expend any surplus
184315 funds in the Sheriff's Service Fee Account for administering
185316 expenses for salaries, training, equipment o r travel.
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187317 The claim for said expens es shall be filed with a nd allowed by
188318 the board of county comm issioners as other claims. The sheriff
189319 shall receive no compensation for said services. The sheriff shall
190320 file an annual report with the board of county comm issioners not
191321 later than January 15 of each year. The Stat e Auditor and Inspector
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192348 shall conduct an audit of the report as on other public records of
193349 the county.
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195350 B. In lieu of the travel reimbursem ent or monthly travel
196351 allowance provided for by law, the b oard of county commissioners may
197352 purchase and provide for t he operation, maintenance, insurance,
198353 equipping, and repair of an automobile for each county commissioner
199354 to be used in performing the duti es of his office. In lieu of the
200355 travel reimbursement or monthly travel allowance provided f or by
201356 law, the board of county commissioners, with the concurr ence of the
202357 county sheriff, may purchase and provide fo r the operation,
203358 maintenance, insurance, equip ping, and repair of automobiles for the
204359 use of the sheriff in performing the duties of his of fice. Any
205360 automobile purchased pursuant to the authority gran ted in this
206361 section shall be purchased by competitive b ids. The use of any said
207362 automobile for priva te or personal purposes is hereby prohibited.
208363 In any county having a population of at least three hundred fifty
209364 thousand (350,000), where it is determined by the sheriff to be more
210365 economical and advantageous to the county, the sheriff may establish
211366 a monthly automobile allowance of not more than Four Hundred Do llars
212367 ($400.00) per month in lieu o f the mileage per mile f or in-county
213368 driving as authorized in this section. Any travel reimbursement
214369 other than in-county driving as provided for in this section shall
215370 be for actual and necessary expenses as provided for in the State
216371 Travel Reimbursement Act. Any person violati ng the provisions of
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217398 this subsection, upon conviction, shall be guilty of a misdemeanor
218399 and shall be punished by a fine of not more than On e Hundred Dollars
219400 ($100.00) or by imprisonment in the coun ty jail for not more than
220401 thirty (30) days, or by both said fine and imprisonment, and in
221402 addition thereto shall be discharged from county employment.
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223403 C. The State of Oklahoma hereby declares and s tates that the
224404 increased number of persons impersonating l aw enforcement officers
225-by making routine traffic stops whi le using unmarked cars is a ENR. H. B. NO. 2914 Page 6
405+by making routine traffic stops whi le using unmarked cars is a
226406 threat to the public health and safety of all of the citizens of the
227407 State of Oklahoma; therefore it shall be u nlawful for any county
228408 sheriff, deputy sheriff or reserve deputy sheriff to use any vehicle
229409 which is not clearly mark ed as a law enforcement vehicle for ro utine
230410 traffic enforcement except as provided in Section 12-218 of Title 47
231411 of the Oklahoma Statutes. In addition to Section 12-218 of Title 47
232412 of the Oklahoma Statutes, the peace officer operat ing the law
233413 enforcement vehicle for routine traffic stops shal l be dressed in
234414 the official uniform including shoulder patches, badge, and any
235415 other identifying ins ignias normally used by the employing law
236416 enforcement agency.
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238417 D. Each county sheriff may ope rate, or contract the op eration
239418 of, a commissary for the benef it of persons lawfully confined in the
240419 county jail under the custody of the county sheriff. Any fund s
241420 received pursuant to said operations shall be the funds of the
242421 county where the persons are incarcerated and shall be deposited in
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243448 the Sheriff's Commissa ry Account. The sheriff shall be permitted to
244449 expend the funds to improve or provide jail services. The sheriff
245450 shall be permitted to expend any surplus in t he Sheriff's Commissary
246451 Account for administering expenses for training equipment, travel or
247452 for capital expenditures. The claims for expenses shall be filed
248453 with and allowed by the board of county commissioners in the same
249454 manner as other claims. The sh eriff shall receive no compensation
250455 for the operation of sa id commissary. The sheriff shall file an
251456 annual report on any said commissary under his or h er operation no
252457 later than January 15 of each year. The State Auditor and Inspector
253458 shall conduct an audit of the report in the same manne r as other
254459 public records of the county.
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256460 E. Each county sheri ff may operate, or contract the operation
257461 of, a telephone system for the benefit of persons lawfully confined
258462 in the county jail under the custody of the count y sheriff. Any
259463 funds received pursuant to said operations shall be the funds of the
260464 county where the persons are incarcerated and shall be deposited in
261465 the Sheriff's Service Fee Account. Such fund s may be expended
262466 according to the guidelines previously e stablished for expenditures
263467 from the general fund. The cla ims for expenses shall be filed with
264468 and allowed by the board of county commissioners in the same manner
265469 as other claims.
266-
267470 SECTION 5. AMENDATORY 19 O.S. 2021, Section 180.6 5, is
268471 amended to read as follows:
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270498 Section 180.65 A. The officers named in paragraph 1 of Secti on
271499 180.61 of this title sh all have such number of regul ar or technical
272500 deputies, assistants, investigators, evidence persons, aides,
273501 stenographers or reporters , technicians, undersheriffs, jailers,
274502 matrons, handwriting and fingerprint experts, probation of ficers,
275503 juvenile officers, bailiffs or other help, whatever title the
276504 principal officer may ascribe to the duties or functions to be
277505 performed as authorized by law and clearly related to the proper
278506 accomplishment of law ful functions, whether on whole or pa rt-time
279507 basis, at such rates of salary or pay, subject to the provisions of
280508 this section as hereinafter set forth, as the principal officer may
281509 propose and establish the need of and which the county excise board
282510 may approve, for the adequate accomplishment of the functions of the
283511 office and the performance of the duties imposed thereon by law,
284512 with due weight being given to employment on whole or part -time
285513 basis. However, no such employments shall exceed the amount of
286514 lawful funds appropriated for such pur pose, provided however,
287515 nothing in this section shall b e interpreted to prohibit additional
288516 salary payments or stipends paid from the Sheriff's Service Fee
289517 Account.
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291518 B. Each principal officer named in paragraph 1 of Sec tion
292519 180.61 of this title, except judges, shall designate of record in
293520 the office of the cou nty clerk a first or chief deputy, undersherif f
294521 or assistant who shall be chargeable with all the duties of such
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295548 principal officer, while subject to the direction o f the same. The
296549 first or chief deputy, undersheriff or assistant shall carry on the
297550 duties of the office during the absence of the princi pal officer or,
298551 in the event of the death, removal or resi gnation of said principal
299552 officer, until a successor shall h ave qualified. During periods of
300553 vacancy of the principal office, resulting from the death, removal
301554 or resignation of the principal offic er, the chief deputy,
302555 undersheriff or assistant shall be b onded in the same manner and in
303556 the same sum as required for the principal officer.
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305557 C. No deputy, as defined in paragraph 2 of Section 161 of this
306558 title, shall receive a salary in excess of the pri ncipal officer.
307559 Any employee employed to perform duties t hat are not in assistance
308560 to a county officer in the perform ance of the official duties of the
309561 county officer including, but not limited to, specialized or
310562 technical duties, may receive a salary in excess of a county
311563 officer. The salaries set forth in this subsection within the
312564 limitations shall be such amounts as the principal officer may
313565 propose and establish the need for and which the county excise bo ard
314-may approve within salary and staffing req uirements as may be ENR. H. B. NO. 2914 Page 8
566+may approve within salary and staffing req uirements as may be
315567 prescribed by law. The numerical rank of any deputy or assistant to
316568 be effective must be by desig nation of the principal officer by the
317569 signature of the principal officer and filed with the county clerk.
318570 The numerical rank of any depu ty or assistant shall be within the
319571 sole discretion of the principal officer.
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321598 D. The board of county commissioners sh all continue to have the
322599 authority to recommend the total amount of funds that can be used
323600 for the combined salaries in each of the county offices covered by
324601 this title. However, the approval of the funding for such offices
325602 shall continue to be the respon sibility of the county excise board.
326603 County officers shall have no authority to make salary commitments
327604 beyond the amount of the funding so provided.
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329605 E. The county excise board shall meet with e ach of the
330606 principal officers of the county in budget planni ng conference or
331607 conferences, before July 1 of each year, to discuss personnel needs
332608 for each office for the succeeding fiscal year. The excise board
333609 shall provide the principal officers a tentat ive estimate of
334610 anticipated revenues for the next fiscal yea r prior to the budget
335611 planning conferences.
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337612 SECTION 6. This act shall become effective July 1, 2024.
338-
339613 SECTION 7. It being immediately necessary for the preservatio n
340614 of the public peace, health or safety, an emergency i s hereby
341615 declared to exist, by reason whereof this act shall take effect and
342616 be in full force from and after its passage and approval.
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346644 Passed the House of Representatives the 28th day of May, 2024.
347645
348646
349647
350648
351649 Presiding Officer of the House
352650 of Representatives
353651
354652
355653
356-Passed the Senate the 30th day of May, 2024.
654+Passed the Senate the ___ day of __________, 2024.
357655
358656
359657
360658
361659 Presiding Officer of the Senate
362-
363-
364-OFFICE OF THE GOVERNOR
365-Received by the Office of the Governor this ____________________
366-day of ___________________, 20_______, at _______ o'clock _______ M.
367-By: _________________________________
368-Approved by the Governor of the State of Oklahoma this _____ ____
369-day of ___________________, 20_______, at _______ o'clock _______ M.
370-
371-
372- _________________________________
373- Governor of the State of Oklahoma
374-
375-OFFICE OF THE SECRETARY OF STATE
376-Received by the Office of the Secretary of State this __________
377-day of ___________________, 20_______, at _______ o'clock _______ M.
378-By: _________________________________
379-