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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 193 By: Rader of the Senate
and
May of the House
AS INTRODUCED
An Act relating to counties and county office rs;
amending 19 O.S. 2011, Section 863.13A, which r elates
to fines and penalties; expanding list of r egulations
for which fines and penalties may be established and
enforced; modifying fines and penalties for repeat
violations; eliminating court appearance requirement;
specifying types of effective deliver y of citation;
providing for not guilty pleas; aut horizing request
of court hearing within certain time; requiring that
certain information be provided to the district
attorney’s office; and providing an effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 863.13A, is
amended to read as follows:
Section 863.13A. A. A board of county commissioners may
provide for enforcement of its regulations and establish fines,
penalties or other remedies for any offense in viola tion of its
regulations, which shall be recoverable together with costs of suit.
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B. 1. In addition to other powers and duties prescribed by
law, a board of county commissioners shall have the pow er to
establish and enforce fines and penalties for violati on of its
zoning, subdivision, storm water and, floodplain, health inspection,
property maintenance and building regulations, including the
issuance of citations by designated county personnel for violations
of its zoning, subdivision, storm water and, floodplain, health
inspection, property maintenance and building regulations. A board
of county commissioners may additionally establish that any person
who fails to correct a violation for which a c itation has been
issued within the period permitted for i ts correction may be
assessed a fine or penalty for each ensuing day during which such
failure or violation continues.
2. In issuing a citation p ursuant to this subsection, the
county employee shall proceed as follows:
a. the employee shall prepare a writ ten citation to
appear in court, containing the name and address of
the cited person and the violation/offense charged ,
and stating when the perso n shall appear in district
court. The time to appear specified in the citation
shall be at least five (5) day s after the issuance of
the citation, and
b. one copy of the citation to appear shall be delivered
to the person cited, and such person shall sign a
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duplicate written citation which shall be retained by
the county employee, and
c. as soon as practicable, o ne copy of the citation shall
be filed with the district court specified therein and
one copy delivered to the prosecuting attorney . The
delivery may be delivered personally, or by certified
mail or registered mail, to the address on file with
the county assessor’s office or the last -known
address, or posted in a conspicuous place in or about
the property where the violation occurred .
3. If a person fails to appear in district court at pay by the
designated time, a warrant for arrest shall be issued.
4. Violations and penalties shall be deemed misdemeanor
offenses, punishable by a fine of up to Five Hundred Dollars
($500.00) and up to ninety (90) days in jail. Repeated violations
on the cited property may result in an increase of the fine up to
One Thousand Dollars ($1,000.00) per violation . Jurisdiction is
hereby conferred upon the district court within the county.
5. Fines and penalties collec ted pursuant to this subsection
shall be deposited in the appropriate county fund.
6. Issuance of citations and/ or payment of fines or penalties
shall in no way preclude other remedies or appropriate action or
proceedings to prevent or remove a violation.
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7. A person cited may plead not guilty to the charg ed violation
and request a court hearing through the county court clerk’s office
within ten (10) business days of receiving the citation. If the
person requests a court hearing, the district attorney ’s office
shall be provided all the information, evidence, reports,
photographs and all other materials related to t he offense prepared
by and in the custody of the designated county personnel who wrote
the citation.
SECTION 2. This act shall become effective November 1, 2021.
58-1-879 MR 12/29/2020 2:10:25 PM