Oklahoma 2024 Regular Session

Oklahoma House Bill HB2914 Latest Draft

Bill / Enrolled Version Filed 05/30/2024

                            An Act 
ENROLLED HOUSE 
BILL NO. 2914 	By: Wallace, Caldwell (Trey), 
Hilbert, Burns, Sims, Ford, 
Roe, and Hays of the House 
 
   and 
 
  Hall, Rosino, Woods, and 
Stephens of the Senate 
 
 
 
 
 
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 p rocedures and criteria; 
establishing grant amounts at certain levels under 
certain qualifications ; authorizing proportional 
reductions; limiting use of proceeds; prohibiting 
reduction and supplanting of existing funding prior 
to certain date; authorizing the promulgation of 
rules; creating the Oklahoma Sheriff 's Office Funding 
Assistance Revolving Fund; est ablishing revolving 
fund characteristics; deeming funds appropriated; 
providing purpose for expenditures; a uthorizing and 
limiting budgeting and expenditu res; 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 
payments and stipends; providing for codifica tion; 
providing an effective date; and declaring an 
emergency. 
  ENR. H. B. NO. 2914 	Page 2 
 
 
 
SUBJECT: Law enforcement funding 
 
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 Section 
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 
enforcement throughout the state by providing financial assist ance 
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 coun ty 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  ENR. H. B. NO. 2914 	Page 3 
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. 
 
E.  Counties awarded a grant f rom the program shall limit use of 
the grant proceeds to t he 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 she riff'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 to 
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 duplication in numbering, reads as follows: 
 
There is hereby create d in the State Treasury a revolving fun d 
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 fund, not subject to fiscal year 
limitations, and shall cons ist 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 compl iance with the Oklahoma Sheriff's Office  ENR. H. B. NO. 2914 	Page 4 
Funding Assistance Grant Program , created in Section 1 of this act.  
Expenditures from said fund sh all be made upon warrants issued by 
the State Treasurer against claims filed as prescribed by law with 
the Director of the Office of Management and Enterpr ise 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 de creases 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 county 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. 
 
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 transportat ion 
of prisoners, the Department of Justice of the United States of 
America, the Department of Correction s, or any municipality of this 
state for the feeding, c are, housing, and upkeep of federal, state, 
or municipal prisoners, or alien detainees incarcera ted in the 
county jail.  Any funds received pursuant to said contra ct shall be 
the funds of the county wh ere the federal, state, or municipal 
prisoners, or alien detainees are incarcerated and shall be 
deposited in the Sheriff's Service Fee Account.  All p urchases made 
pursuant to the provisi ons of this subsection shall b e made pursuant 
to the purchasing proc edures specified in Sections 1500 through 1507 
of this title, including the use of blanket purchase o rders as  ENR. H. B. NO. 2914 	Page 5 
provided for in Section 310.8 of Title 62 of the Oklahoma Statutes.  
The sheriff shall be permitted to expen d 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, equ ipment or travel. 
 
The claim for said expens es shall be filed with a nd allowed by 
the board of county comm issioners as other claims.  The sheriff 
shall receive no compensation for said services.  The sheriff shall 
file an annual report with the board of co unty commissioners not 
later than January 15 of each year.  The Stat e Auditor and Inspector 
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 board of county commissioners may 
purchase and provide for t he operation, maintenance, 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 commissioners, with the concurr ence 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 gran ted in 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 the sheriff to be more 
economical and advantageous to the county, the sheriff may establish 
a monthly automobile allowance of not more than Four Hundred Dollars 
($400.00) per month in lieu o f the mileage per mile f or 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 pr ovided for in the State 
Travel Reimbursement Act.  Any person violati ng the provisions 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 i n the county jail for not more than 
thirty (30) days, or by both said fine and imprisonment, 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 impe rsonating law enforcement officers 
by making routine traffic stops whi le using unmarked cars is a  ENR. H. B. NO. 2914 	Page 6 
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 mark ed as a law enforcement vehicle for ro utine 
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 routine traffic stops shal l 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 op eration 
of, a commissary for the benef it of persons lawfully confined in the 
county jail under the custody of the county sheriff.  Any fund s 
received pursuant to said operations shall b e the funds of the 
county where the persons are incarcerated and shall be deposited in 
the Sheriff's Commissa ry Account.  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 the Sheriff's Commissary 
Account for administering expenses for training equipment, 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 sheriff shall receive no compensation 
for the operation of sa id 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 sheri ff may 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 county sheriff.  Any 
funds received pursuant to said operations shall be the funds 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 established for expenditures 
from the general fund.  The cla ims for expenses shall be filed with 
and allowed by the board of county commissioners in the same manner 
as other claims. 
 
SECTION 5.    AMENDATORY     19 O.S. 2021, Section 180.65, is 
amended to read as follows: 
  ENR. H. B. NO. 2914 	Page 7 
Section 180.65 A.  The officers named in paragraph 1 of Secti on 
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 and fingerprint experts, probation of ficers, 
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 law ful functions, whether on whole or pa rt-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 p art-time 
basis.  However, no such employments shall exceed the amount of 
lawful funds appropriated for such pur pose, 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 Sec tion 
180.61 of this title, except judges, shall designate of record in 
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 o f 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 resignation of said principal 
officer, until a successor shall h ave 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 bonded in the same manner and in 
the same sum as required for the 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 that are not in assistance 
to a county officer in the perform ance 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 the 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  ENR. H. B. NO. 2914 	Page 8 
prescribed by law.  Th e numerical rank of any deputy or assistant to 
be effective must be by desig nation of the principal officer by the 
signature of the principal officer and filed with the county clerk.  
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 sh all 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 respon sibility 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 each of the 
principal officers of the county in budget planni ng 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 tentative estimate of 
anticipated revenues for the next fiscal yea r prior to the budget 
planning conferences. 
 
SECTION 6.  This act shall become effective July 1, 2024. 
 
SECTION 7.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency i s hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
 
 
  ENR. H. B. NO. 2914 	Page 9 
Passed the House of Representatives the 28th day of May, 2024. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 30th day of May, 2024. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________