Oklahoma 2022 Regular Session

Oklahoma House Bill HB3025 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB3025 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 9026 Page 1 1
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31	28		STATE OF OKLAHOMA
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33	30		2nd Session of the 58th Legislature (2022 )
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35	32		HOUSE BILL 3025 By: Worthen
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41	38		AS INTRODUCED
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43	40		An Act relating to fees; amending 28 O.S. 2021,
44	41		Section 151, which relates to clerk 's duty to charge
45	42		and collect fees; clarifying clerk's duty; providing
46	43		procedure for payment with United States currency;
47	44		and providing an effective date .
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53	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	51		SECTION 1. AMENDATORY 28 O.S. 2021, Section 151, is
55	52		amended to read as follows:
56	53		Section 151. A. It shall be the duty of the clerks of the
57	54		district court and other tria l courts of record of this state to
58	55		charge and collect the fees imposed by this title and other fines,
59	56		costs, fees, assessments and payments as impos ed by the Oklahoma
60	57		Statutes, fines, costs and assessments imposed by the district
61	58		courts or appellate court s, and none others, in all cases, except
62	59		those in which the defendant is charged with a misdemeanor or
63	60		traffic violation, and except cases under the Small Claims Procedure
64	61		Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes .
	62	+	This section shall not apply to municipal courts not of record in
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66		-	HB3025 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
	64	+	Req. No. 9026 Page 2 1
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92		-	This section shall not apply to municipal courts not of record in
93	89		this state. When receiving payment in the form of United States
94	90		currency, the court clerk shall not b e required to accept payment
95	91		which consists of unrolled coins in an amount greater than Ten
96	92		Dollars ($10.00), and may require loose coins in excess of that
97	93		amount be counted and rolled by the payor before accepted as
98	94		payment.
99	95		B. 1. As authorized by the A dministrative Office of the
100	96		Courts, the court clerk may accept a nationally recognized credit or
101	97		debit card or other electronic payment method for any lawful
102	98		purpose, including, but not limited to, payment for any fee, fine,
103	99		forfeiture payment, cost, penal ty assessment or other charge or
104	100		collection to be assessed or collected by the court clerk under the
105	101		laws of this state. The court clerk shall not collect a fee for the
106	102		acceptance of the nationally recognized credit or debit card. Prior
107	103		to the distribution of any fees provided for by law, the court clerk
108	104		shall apportion on a pro rata basis the costs associate d with the
109	105		administration, acceptance, processing, and verification of the
110	106		credit card or debit card among all state, municipal or other
111	107		government entities or funds that are entitled by law to receive any
112	108		payments from the court clerk from any fee, fine, forfeiture
113	109		payment, cost, penalty assessment or other collection. All credit
114	110		and debit card costs shall be deducted from the fees, fines,
115	111		forfeiture payments, costs, penalty assessments or other collections
	112	+	before transmittal is made to state, municipal o r government
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117		-	HB3025 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
	114	+	Req. No. 9026 Page 3 1
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143		-	before transmittal is made to state, municipal o r government
144	139		entities or funds pursuant to the provisions of any law of this
145	140		state that direct a court clerk to pay any amount or any portion of
146	141		any fee, fine, forfeiture payment, cost, penalty assessment, or
147	142		other collection to another state, municipal, o r other government
148	143		entity or fund. Each state, municipal, or other government entity
149	144		or fund entitled to payment shall then receive only its statuto ry
150	145		share less its prorated share of the credit or debit card costs.
151	146		For purposes of this subsection, "nationally recognized credit card "
152	147		means any instrument or device, whether known as a credit card,
153	148		credit plate, charge plate, or by any other name, issu ed with or
154	149		without fee by an issuer for the use of the cardholder in obtaining
155	150		goods, services, or anything else of value. "Debit card" means an
156	151		identification card or device issued to a person by a business
157	152		organization which permits such person to obtai n access to or
158	153		activate a consumer banking electronic facility. The Administrative
159	154		Office of the Courts is authorized to negotiate and organize
160	155		statewide contracts for the acceptance and processing of credit and
161	156		debit cards and equipment related thereto.
162	157		2. Written procedures for acceptance or rejection of credit
163	158		cards shall be established by the Office of th e State Auditor and
164	159		Inspector with approval and direction to court clerks to be issued
165	160		by the Administrative Office of the Courts.
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167		-	HB3025 HFLR Page 4
168		-	BOLD FACE denotes Committee Amendments. 1
	162	+	Req. No. 9026 Page 4 1
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193	187		C. Payment for any fee provided for in this title may be made
194	188		by a personal or business check. The court clerk, at the cour t
195	189		clerk's discretion, may:
196	190		1. Add an amount equal to the amount of the service charge
197	191		incurred, not to exceed three percent (3%) of the amount of th e
198	192		check as a service charge for the acceptance and verification of the
199	193		check; or
200	194		2. Add an amount of no mo re than Five Dollars ($5.00) as a
201	195		service charge for the acceptance and verification of a check .
202	196		For purposes of this subsection, "personal or business check"
203	197		shall not mean a money order, cashier 's check, or bank certified
204	198		check.
205	199		D. The Supreme Court is authorized to institute a cost
206	200		collection program for collection of fees, fines, costs and
207	201		assessments provided for in this title.
208	202		SECTION 2. This act shall become effective November 1, 2022.
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210		-	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
211		-	dated 02/15/2022 - DO PASS.
	204	+	58-2-9026 AQH 12/20/21