1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 1037 By: Kidd
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6 AS INTRODUCED
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7 An Act relating to fees; amending 28 O.S. 2021,
7 Section 151, which relates to collection of fees,
8 fines, costs, and assessments; removing certain
8 exception; modifying requirements for acceptance of
9 certain payments; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 28 O.S. 2021, Section 151, is
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14 amended to read as follows:
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15 Section 151. A. It shall be the duty of the clerks of the
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16 district court and other trial courts of record of this state to
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17 charge and collect the fees imposed by this title and other fines,
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18 costs, fees, assessments and payments as imposed by the Oklahoma
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19 Statutes, fines, costs and assessments imposed by the district
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20 courts or appellate courts, and none others, in all cases, except
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21 those in which the defendant is charged with a misdemeanor or
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22 traffic violation, and except cases under the Small Claims Procedure
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23 Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes.
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24 This section shall not apply to municipal courts not of record in
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 1 this state. When receiving payment in the form of United States
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2 currency, the court clerk shall not be required to accept payment
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3 that consists of unrolled coins in an amount greater than Ten
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4 Dollars ($10.00).
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5 B. 1. As authorized by the Administrative Office of the
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6 Courts, the court clerk may accept a nationally recognized credit or
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7 debit card or other electronic payment method for any lawful
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8 purpose, including, but not limited to, payment for any fee, fine,
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9 forfeiture payment, cost, penalty assessment, or other charge or
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10 collection to be assessed or collected by the court clerk under the
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11 laws of this state. The court clerk shall not collect a fee for the
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12 acceptance of the nationally recognized credit or debit card. Prior
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13 to the distribution of any fees provided for by law, the court clerk
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14 shall apportion on a pro rata basis the costs associated with the
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15 administration, acceptance, processing, and verification of the
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16 credit card or debit card among all state, municipal, or other
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17 government entities or funds that are entitled by law to receive any
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18 payments from the court clerk from any fee, fine, forfeiture
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19 payment, cost, penalty assessment, or other collection. All credit
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20 and debit card costs shall be deducted from the fees, fines,
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21 forfeiture payments, costs, penalty assessments, or other
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22 collections before transmittal is made to state, municipal, or
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23 government entities or funds pursuant to the provisions of any law
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24 of this state that direct a court clerk to pay any amount or any
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 1 portion of any fee, fine, forfeiture payment, cost, penalty
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2 assessment, or other collection to another state, municipal, or
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3 other government entity or fund. Each state, municipal, or other
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4 government entity or fund entitled to payment shall then receive
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5 only its statutory share less its prorated share of the credit or
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6 debit card costs. For purposes of this subsection, “nationally
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7 recognized credit card” means any instrument or device, whether
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8 known as a credit card, credit plate, charge plate, or by any other
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9 name, issued with or without fee by an issuer for the use of the
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10 cardholder in obtaining goods, services, or anything else of value.
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11 “Debit card” means an identification card or device issued to a
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12 person by a business organization which permits such person to
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13 obtain access to or activate a consumer banking electronic facility.
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14 The Administrative Office of the Courts is authorized to negotiate
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15 and organize statewide contracts for the acceptance and processing
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16 of credit and debit cards and equipment related thereto.
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17 2. Written procedures for acceptance or rejection of credit
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18 cards shall be established by the Office of the State Auditor and
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19 Inspector with approval and direction to court clerks to be issued
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20 by the Administrative Office of the Courts.
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21 C. Payment for any fee provided for in this title may be made
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22 by a personal or business check. The court clerk, at the court
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23 clerk’s discretion, may:
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 1 1. Add an amount equal to the amount of the service charge
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2 incurred, not to exceed three percent (3%) of the amount of the
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3 check as a service charge for the acceptance and verification of the
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4 check; or
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5 2. Add an amount of no more than Five Dollars ($5.00) as a
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6 service charge for the acceptance and verification of a check. For
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7 purposes of this subsection, “personal or business check” shall not
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8 mean a money order, cashier’s check, or bank certified check.
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9 D. The Supreme Court is authorized to institute a cost
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10 collection program for collection of fees, fines, costs, and
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11 assessments provided for in this title.
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12 SECTION 2. This act shall become effective November 1, 2023.
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14 59-1-682 TEK 1/19/2023 12:52:01 PM
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