1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3039 By: Stinson
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6 AS INTRODUCED
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7 An Act relating to law library fees; amending 20 O.S.
7 2021, Section 1226, which relates to amount of
8 transfers to Law Library Fund; modifying transfers;
8 amending 20 O.S. 2021, Section 1224, which relates to
9 the transfer of surplus funds from Law Library Fund;
9 requiring board of trustees vote in certain counties;
10 amending 28 O.S. 2021, Section 152, as amended by
10 Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp.
11 2023, Section 152), which relates to civil court flat
11 fee schedule; modifying assessed amount for certain
12 counties; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 20 O.S. 2021, Section 1226, is
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17 amended to read as follows:
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18 Section 1226. A. At the request of the board of trustees of
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19 the law library in a county having a population of three hundred
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20 thousand (300,000) or more, the presiding judge of an administrative
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21 district, with the approval of the Chief Justice of the Supreme
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22 Court, shall be authorized to transfer up to Ten Thousand Dollars
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23 ($10,000.00) per fiscal year from the court fund of the county in
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 1 which the law library is located to the Law Library Fund of that
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2 county.
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3 B. In counties having a population of less than three hundred
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4 thousand (300,000), the court fund of the county in which a law
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5 library is located shall annually transfer to the Law Library
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6 Revolving Fund the following amounts:
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7 1. In counties having a population of less than ten thousand
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8 (10,000), the sum of Five Thousand Dollars ($5,000.00); and
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9 2. In counties having a population of ten thousand (10,000) or
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10 more, but less than thirty thousand (30,000), the sum of Seven
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11 Thousand Dollars ($7,000.00); and
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12 3. In counties having a population of thirty thousand (30,000)
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13 or more, but less than three hundred thousand (300,000), the sum of
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14 Nine Thousand Dollars ($9,000.00).
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15 SECTION 2. AMENDATORY 20 O.S. 2021, Section 1224, is
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16 amended to read as follows:
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17 Section 1224. On August 1 each year the board of trustees shall
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18 transmit to the Supreme Court for deposit in the State Judicial
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19 Revolving Fund all funds on deposit in the law library fund in
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20 excess of twenty-five percent (25%) of the income to such Fund
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21 during the preceding fiscal year, the existing surplus on hand on
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22 the effective date of this act being excluded. Except for counties
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23 having a population of over five hundred thousand (500,000)
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 1 according to the most recent Federal Decennial Census, the board of
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2 trustees shall vote to authorize any funds to the Court Fund.
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3 SECTION 3. AMENDATORY 28 O.S. 2021, Section 152, as
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4 amended by Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2023,
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5 Section 152), is amended to read as follows:
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6 Section 152. A. In any civil case filed in a district court,
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7 the court clerk shall collect, at the time of filing, the following
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8 flat fees, none of which shall ever be refundable, and which shall
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9 be the only charge for court costs, except as is otherwise
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10 specifically provided for by law:
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11 1. Actions for divorce, alimony without divorce,
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12 separate maintenance, custody or support......................$183.00
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13 2. Any ancillary proceeding to modify or vacate
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14 a divorce decree providing for custody or support..............$43.00
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15 3. Probate and guardianship..............................$135.00
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16 4. Annual guardianship report.............................$33.00
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17 5. Any proceeding for sale or lease of real or
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18 personal property or mineral interest in probate or
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19 guardianship...................................................$43.00
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20 6. Any proceeding to revoke the probate of a
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21 will...........................................................$43.00
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22 7. Judicial determination of death........................$58.00
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23 8. Adoption..............................................$105.00
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 1 9. Civil actions for an amount of Ten Thousand
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2 Dollars ($10,000.00) or less and condemnation.................$150.00
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3 10. Civil actions for an amount of Ten Thousand
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4 One Dollars ($10,001.00) or more .............................$163.00
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5 11. Garnishment...........................................$23.00
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6 12. Continuing wage garnishment...........................$63.00
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7 13. Any other proceeding after judgment...................$33.00
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8 14. All others, including but not limited to
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9 actions for forcible entry and detainer, judgments
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10 from all other courts, including the Workers'
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11 Compensation Court.............................................$85.00
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12 15. Notice of renewal of judgment.........................$23.00
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13 B. In addition to the amounts collected pursuant to paragraphs
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14 1, 3, 7, 8, 9, 10 and 14 of subsection A of this section, in
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15 counties having a population of less than five hundred thousand
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16 (500,000) according to the most recent Federal Decennial Census, the
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17 sum of Six Dollars ($6.00) shall be assessed and credited to the Law
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18 Library Fund. For counties having a population of over five hundred
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19 thousand (500,000) according to the most recent Federal Decennial
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20 Census, the sum of Twelve Dollars ($12.00) shall be assessed and
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21 credited to the Law Library Fund pursuant to Section 1201 et seq. of
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22 Title 20 of the Oklahoma Statutes.
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23 C. In addition to the amounts collected pursuant to subsections
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24 A and B of this section, the sum of Twenty-five Dollars ($25.00)
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 1 shall be assessed and credited to the Oklahoma Court Information
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2 System Revolving Fund created pursuant to Section 1315 of Title 20
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3 of the Oklahoma Statutes.
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4 D. In addition to the amounts collected pursuant to subsection
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5 A of this section, the sum of Five Dollars ($5.00) shall be assessed
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6 and credited to the Oklahoma court-appointed special advocates
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7 (OCASA).
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8 E. In addition to the amounts collected pursuant to subsection
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9 A of this section, the sum of Two Dollars ($2.00) shall be assessed
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10 and credited as follows:
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11 1. One Dollar and fifty-five cents ($1.55) of such amount shall
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12 be credited to the Council on Judicial Complaints Revolving Fund;
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13 and
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14 2. Forty-five cents ($0.45) of such amount shall be credited to
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15 the Supreme Court Revolving Fund and may be budgeted and expended by
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16 the Supreme Court for expenses lawfully incurred for providing
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17 qualified courtroom interpreter services in the district courts, for
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18 credentialing and training Oklahoma courtroom interpreters, and for
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19 any other expenditures determined by the Supreme Court to be
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20 necessary to provide language access in the district courts as
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21 required by state and federal law. Payments of expenses may be made
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22 after the claim or expense is approved by the Chief Justice of the
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23 Supreme Court or another justice designated by the Chief Justice.
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 1 F. In addition to the amounts collected pursuant to paragraphs
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2 1, 3, 8, 9, 10 and 14 of subsection A of this section, each county
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3 may assess, upon approval by the board of county commissioners, a
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4 sum not to exceed Ten Dollars ($10.00) per case to be credited to
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5 the Sheriff's Service Fee Account in the county in which the action
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6 arose for the purpose of enhancing existing or providing additional
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7 courthouse security.
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8 G. Until November 1, 2027, in addition to the amounts collected
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9 pursuant to subsection A of this section, the sum of Ten Dollars
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10 ($10.00) shall be assessed and credited to the Court Clerk's Records
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11 Management and Preservation Fund created in Section 31.3 of this
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12 title.
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13 H. In any case in which a litigant claims to have a just cause
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14 of action and that, by reason of poverty, the litigant is unable to
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15 pay the fees and costs provided for in this section and is
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16 financially unable to employ counsel, upon the filing of an
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17 affidavit in forma pauperis executed before any officer authorized
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18 by law to administer oaths to that effect and upon satisfactory
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19 showing to the court that the litigant has no means and is,
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20 therefore, unable to pay the applicable fees and costs and to employ
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21 counsel, no fees or costs shall be required. The opposing party or
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22 parties may file with the court clerk of the court having
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23 jurisdiction of the cause an affidavit similarly executed
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24 contradicting the allegation of poverty. In all such cases, the
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 1 court shall promptly set for hearing the determination of
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2 eligibility to litigate without payment of fees or costs. Until a
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3 final order is entered determining that the affiant is ineligible,
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4 the clerk shall permit the affiant to litigate without payment of
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5 fees or costs. Any litigant executing a false affidavit or counter
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6 affidavit pursuant to the provisions of this section shall be guilty
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7 of perjury.
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8 I. Payments to the court clerk for fees and costs assessed
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9 pursuant to this section may be made by a nationally recognized
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10 credit or debit card or other electronic payment method as provided
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11 in paragraph 1 of subsection B of Section 151 of this title.
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12 SECTION 4. This act shall become effective November 1, 2024.
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14 59-2-9130 MJ 01/04/24
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Statutes affected:
Introduced: 28-152
House Committee Substitute: 28-152
Floor (House): 28-152
Floor (Senate): 28-152
Engrossed: 28-152
Amended And Engrossed: 28-152
Enrolled (final version): 28-152
Sub Committee Recommendations (House) Sub Committee Recommendation: 28-152