1|ENGROSSED HOUSE AMENDMENT |
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2|ENGROSSED SENATE BILL NO. 431 By: Aldridge of the |
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| Banz of the House |
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9| ( counties - enforcement of certain regulations - |
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10| penalties - citations - authorizing warrant - |
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11| codification - effective date - emergency ) |
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14|AUTHORS: Add the following House Coauthors: Tibbs and Martin |
| (Steve) |
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16|AMENDMENT NO. 1. Strike the stricken title, enacting clause and |
| entire bill and insert |
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18| "( counties and county officers - enforcing certain |
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19| regulations penalties codification - effective |
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20| date emergency ) |
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23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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1| SECTION 1. NEW LAW A new section of law to be codified |
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2|in the Oklahoma Statutes as Section 868.11A of Title 19, unless |
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3|there is created a duplication in numbering, reads as follows: |
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4| A. A board of county commissioners may provide for enforcement |
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5|of its regulations and establish fines, penalties or other remedies, |
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6|for any offense in violation of its regulations, which shall be |
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7|recoverable together with costs of suit. |
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8| B. In addition to other powers and duties prescribed by law, a |
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9|board of county commissioners shall have the power to: |
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10| 1. Establish and enforce fines and penalties for violation of |
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11|its zoning, subdivision and floodplain regulations, including the |
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12|issuance of citations by designated county personnel for violations |
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13|of its zoning, subdivision and floodplain regulations. A board of |
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14|county commissioners may additionally establish that any person who |
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15|fails to correct a violation for which a citation has been issued |
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16|within the period permitted for its correction may be assessed a |
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17|fine or penalty for each ensuing day during which such failure or |
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18|violation continues. |
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19| 2. In issuing a citation pursuant to this subsection, the |
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20|county employee shall proceed as follows: |
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21| a. the employee shall prepare a written citation to |
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22| appear in court, containing the name and address of |
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23| the cited person and the violation/offense charged, |
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24| and stating when the person shall appear in district |
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1| court. The time to appear specified in the citation |
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2| shall be at least five (5) days after the issuance of |
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3| the citation, |
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4| b. one copy of the citation to appear shall be |
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5| delivered to the person cited, and such person shall |
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6| sign a duplicate written citation which shall be |
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7| retained by the county employee, and |
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8| c. as soon as practicable, one copy of the citation |
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9| shall be filed with the district court specified |
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10| therein and one copy delivered to the prosecuting |
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11| attorney. |
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12| 3. If a person fails to appear in district court at the |
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13|designated time, a warrant for arrest shall be issued. |
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14| 4. Violations and penalties shall be deemed misdemeanor |
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15|offenses, punishable by a fine of up to Five Hundred Dollars |
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16|($500.00). Jurisdiction is hereby conferred upon the district court |
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17|within the county. |
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18| 5. Fines and penalties collected pursuant to this subsection |
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19|shall be deposited in the Planning Commission Fee Fund. |
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20| 6. Issuance of citations and/or payment of fines or penalties |
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21|shall in no way preclude other remedies or appropriate action or |
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22|proceedings to prevent or remove a violation. |
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23| SECTION 2. This act shall become effective July 1, 2009. |
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1| SECTION 3. It being immediately necessary for the preservation |
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2|of the public peace, health and safety, an emergency is hereby |
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3|declared to exist, by reason whereof this act shall take effect and |
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4|be in full force from and after its passage and approval." |
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5| Passed the House of Representatives the 23rd day of April, 2009. |
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8| Presiding Officer of the House of |
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10| Passed the Senate the ____ day of __________, 2009. |
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13| Presiding Officer of the Senate |
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