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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3642 By: Pae of the House
and
Coleman of the Senate
COMMITTEE SUBSTITUTE
An Act relating to cities and towns; ame nding 11 O.S.
2021, Section 14-111, which relates to enforcement
and penalties for violation of municipa l ordinances;
modifying dollar amounts; amending 11 O.S. 2021,
Section 27-126, which relates to court c osts and
fees; modifying dollar amount; and provi ding an
effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 14-111, is
amended to read as follows :
Section 14-111. A. The governing body of a municipality may
provide for enforcement of its ordinances and establish fin es,
penalties, or imprisonment, as au thorized by subsections B through D
of this section, for any offense in violation of its ordinances,
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which shall be recoverable to gether with costs of suit. The
governing body may provide that any person fined for viol ation of a
municipal ordinance who is financially able but refuses or neg lects
to pay the fine or costs may be compelled to satisfy the amount owed
by working on the streets, alleys, avenues, areas, an d public
grounds of the municipality, subject to the di rection of the street
commissioner or other proper officer, at a rate per day as the
governing body may prescribe by ordinance, but not less than Fifty
Dollars ($50.00) per day for useful labor, until the fine or costs
are satisfied.
B. 1. Except for mun icipal ordinances related to prostitu tion
and as otherwise provided in th is section, cities having a municipal
criminal court of record may enact ordinances prescribin g maximum
fines of One Thousand Tw o Hundred Dollars ($1,200.00) and costs or
imprisonment not exceeding six (6) months or both the fine and
imprisonment, but shal l not have authority to enact any ordinance
making unlawful an act or omission declared by sta te statute to be
punishable as a felony. Cities having a municipal criminal court of
record may enact ordinances prescribing maximum fines of One
Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding
six (6) months or both such fine and imp risonment for violations of
municipal ordinances regulating the pretreatment of wastewate r and
regulating stormwater discharge s. Cities having a municipal
criminal court of record may enact ordinances prescribing maximum
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fines of One Thousand Two Hundred Fifty Dollars ($1,250.00) and
costs or imprisonment not exceeding six (6) months or both such fine
and imprisonment for alcoho l-related or drug-related traffic
offenses. The court shall remit Fifty Dollars ($50.00) of each
alcohol fine or deferral fee to a fund of the municipality that
shall be used to defray costs for enforcement of laws rel ating to
juvenile access to alcohol, other laws relating to alcohol and o ther
intoxicating substances, and traffic -related offenses involving
alcohol or other intoxica ting substances. The sum of Fifte en
Dollars ($15.00) shall be assessed in every case for violations of
municipal ordinances r elating to the offense of driving un der the
influence of alcohol or other intoxicating substance and shall be
remitted to the cred it of the Oklahoma Impaired Driver Database
Revolving Fund created pursuant to Section 8 of this act.
2. For violations of mu nicipal ordinances relating to
prostitution, including but not limited to engaging in prostitution
or soliciting or procuring pros titution, a municipal criminal cou rt
of record may enact ordinances prescribing an impris onment not to
exceed six (6) months, and fines as follows: a fine not to exceed
Two Thousand Five Hundred Dollars ($2,500.00) upon the first
conviction for violation of any such ordinances, a fine of not more
than Five Thousand Dollars ($5,000.00) upon th e second conviction
for violation of any of such ordinances, and a fine o f not more than
Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or
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subsequent convictions for violation of any of such ordinances, or
both such fine and imprisonment as well as a term of community
service of not less than forty (40) nor more than eighty (80) hours.
C. Municipalities having a municipal court not of record may
enact ordinances prescribing maximum fine s pursuant to the
provisions of this subsection. A mun icipal ordinance may not impose
a penalty, including fine or deferral fee in lieu of a fine and
costs, which is greater than that established by statute for the
same offense. The maximum fine or defer ral fee in lieu of a fine
for traffic-related offenses relating to speeding or parking shall
not exceed Two Hundred Dollars ($20 0.00). The maximum fine or
deferral fee in lieu of a fine for alcohol -related or drug-related
offenses shall not exceed Eight Hundred Dollars ($800.00) . For all
other offenses, the maximum fine or deferral fee in lieu of a fine
shall not exceed Seven Hundred Fifty Dollars ($750.00) One Thousand
Dollars ($1,000.00). The court shall remit Fifty Dollars ($50.00)
of each alcohol fine or deferral fee to a fund of the municipality
that shall be used to defray costs for enfor cement of laws relating
to juvenile access to alcohol, other laws rel ating to alcohol and
other intoxicating substances, and traffic-related offenses
involving alcohol or other intoxicating substances. The ordina nces
may prescribe costs pursuant to the pr ovisions of Section 27 -126 of
this title or imprisonment not exceedin g sixty (60) days or both the
fine and imprisonment; provided, that municipalities having only a
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municipal court not of record shall not have au thority to enact any
ordinance making unlaw ful any act or omission declared by state
statute to be punishable as a felony; provided further, that
municipalities having a municipal court not of record may enact
ordinances prescribing maximum fines of One Th ousand Dollars
($1,000.00) and costs or imp risonment not exceeding ninety (90) days
or both such fine and impris onment for violations of municipal
ordinances regulating the pretreatment of wastewater and regulating
stormwater discharges. If imprisonment i s available for the
offense, then that pers on charged shall have a right to a jury
trial.
D. Municipalities hav ing both municipal criminal courts of
record and municipal courts not of record may enact ordinances,
within the authority of this section, for each court.
E. No municipality may levy a fine or deferral fee in lieu of a
fine of over Fifty Dollars ($50.00) until it has compiled and
published its penal ordin ances as required in Sections 14-109 and
14-110 of this title.
F. No municipality may levy a fine of more than Ten Dollars
($10.00) nor court costs of more than Fifteen Dollars ($15.00) for
exceeding the posted speed limit by no more than ten (10) miles p er
hour upon any portion of the National System of Interstate and
Defense Highways, federal -aid primary highways, and the state
highway system which are located on the outskirts of any
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municipality as determined in Section 2 -117 of Title 47 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 27-126, is
amended to read as follows:
Section 27-126. Except as provided in Section 14 -111 of this
title and subject to other limitations or exceptions imposed by law,
the municipal governing body shall determine by ordinance the court
costs and fees that may be char ged and collected by the clerk of the
court. Court costs shall not exceed the sum of Thirty Dollars
($30.00) Fifty Dollars ($50.00) plus the fees and mileage of j urors
and witnesses. The clerk of the court is authorized to charge and
collect the fees as determined by the municipal body.
SECTION 3. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVER NMENT,
dated 03/02/2022 - DO PASS, As Amended and Coauthored.