Read the full stored bill text
An Act
ENROLLED SENATE
BILL NO. 2118 By: Hamilton of the Senate
and
Turner of the House
An Act relating to counties; amending 19 O.S. 2021,
Section 180.43, as amended by Section 4, Chapter 394,
O.S.L. 2024 (19 O.S. Supp. 2025, Section 180.43),
which relates to county sheriff expenses; authorizing
surplus funds from county sheriff commissary account
to be used for certain purposes; and providing an
effective date.
SUBJECT: County sheriff purchasing duties
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 180.43, as
amended by Section 4, Chapter 394, O.S.L. 2024 (19 O.S. Supp. 2025,
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, care, housing, and upkeep of federal, state,
or municipal prisoners, or alien detainees incarcerated in the
county jail. Any funds received pursuant to said contract shall be
the funds of the county where the 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 provisions of this subsection shall be made pursuant
ENR. S. B. NO. 2118 Page 2
to the purchasing procedures specified in Sections 1500 through 1507
of this title, including the use of blanket purchase orders 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 funds in
the Sheriff’s Service Fee Account for administering expenses for
salaries, training, equipment or travel.
The claim for said expenses shall be filed with and allowed by
the board of county commissioners as other claims. The sheriff
shall receive no compensation for said services. The sheriff shall
file an annual report with the board of county commissioners not
later than January 15 of each year. The State Auditor and Inspector
shall conduct an audit of the report as on other public records of
the county.
B. In lieu of the travel reimbursement or monthly travel
allowance provided for by law, the board of county commissioners may
purchase and provide for the operation, maintenance, insurance,
equipping, and repair of an automobile for each county commissioner
to be used in performing the duties of his office. In lieu of the
travel reimbursement or monthly travel allowance provided for by
law, the board of county commissioners, with the concurrence of the
county sheriff, may purchase and provide for the operation,
maintenance, insurance, equipping, and repair of automobiles for the
use of the sheriff in performing the duties of his office. Any
automobile purchased pursuant to the authority granted in this
section shall be purchased by competitive bids. The use of any said
automobile for private 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 of 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
Travel Reimbursement Act. Any person violating the provisions of
this subsection, upon conviction, shall be guilty of a misdemeanor
and shall be punished by a fine of not more than One Hundred Dollars
($100.00) or by imprisonment in the county jail for not more than
ENR. S. B. NO. 2118 Page 3
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 states that the
increased number of persons impersonating law enforcement officers
by making routine traffic stops while using unmarked cars is a
threat to the public health and safety of all of the citizens of the
State of Oklahoma; therefore it shall be unlawful for any county
sheriff, deputy sheriff or reserve deputy sheriff to use any vehicle
which is not clearly marked as a law enforcement 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 operating the law
enforcement vehicle for routine traffic stops shall be dressed in
the official uniform including shoulder patches, badge, and any
other identifying insignias normally used by the employing law
enforcement agency.
D. Each county sheriff may operate, 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 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 Commissary 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, jail operations, inmate care, or other
jail related 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 said commissary. The sheriff shall file an
annual report on any said commissary under his or her operation no
later than January 15 of each year. The State Auditor and Inspector
shall conduct an audit of the report in the same manner as other
public records of the county.
E. Each county sheriff 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
ENR. S. B. NO. 2118 Page 4
the Sheriff’s Service Fee Account. Such funds may be expended
according to the guidelines previously established 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.
SECTION 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 2118 Page 5
Passed the Senate the 26th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 21st day of April, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________