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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022 )
HOUSE BILL 3025 By: Worthen
AS INTRODUCED
An Act relating to fees; amending 28 O.S. 2021,
Section 151, which relates to clerk 's duty to charge
and collect fees; clarifying clerk's duty; providing
procedure for payment with United States currency;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 28 O.S. 2021, Section 151, is
amended to read as follows:
Section 151. A. It shall be the duty of the clerks of the
district court and other tria l courts of record of this state to
charge and collect the fees imposed by this title and other fines,
costs, fees, assessments and payments as impos ed by the Oklahoma
Statutes, fines, costs and assessments imposed by the district
courts or appellate court s, and none others, in all cases, except
those in which the defendant is charged with a misdemeanor or
traffic violation, and except cases under the Small Claims Procedure
Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes .
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This section shall not apply to municipal courts not of record in
this state. When receiving payment in the form of United St ates
currency, the court clerk shall not b e required to accept payment
which consists of unrolled coins in an amount greater than Ten
Dollars ($10.00), and may require loose coins in excess of that
amount be counted and rolled by the payor before accepted as
payment.
B. 1. As authorized by the A dministrative Office of the
Courts, the court clerk may accept a nationally recognized credit or
debit card or other electronic payment method for any lawful
purpose, including, but not limited to, payment for any fee, fine,
forfeiture payment, cost, penal ty assessment or other charge or
collection to be assessed or collected by the court clerk under the
laws of this state. The court clerk shall not collect a fee for the
acceptance of the nationally recognized cred it or debit card. Prior
to the distribution of any fees provided for by law, the court clerk
shall apportion on a pro rata basis the costs associate d with the
administration, acceptance, processing, and verification of the
credit card or debit card among all state, municipal or other
government entities or funds that are entitled by law to receive any
payments from the court clerk from any fee, fine, forfeiture
payment, cost, penalty assessment or other collection. All credit
and debit card costs shall be deducted from the fees, fines,
forfeiture payments, costs, penalty assessments or other collections
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before transmittal is made to state, municipal o r government
entities or funds pursuant to the provisions of any law of this
state that direct a court cler k to pay any amount or any portion of
any fee, fine, forfeiture payment, cost, penalty assessment, or
other collection to another state, municipal, o r other government
entity or fund. Each state, municipal, or other government entity
or fund entitled to p ayment shall then receive only its statuto ry
share less its prorated share of the credit or debit card costs.
For purposes of this subsection, "nationally recognized credit card "
means any instrument or device, whether known as a credit card,
credit plate, charge plate, or by any other name, issu ed with or
without fee by an issuer for the use of the cardholder in obtaining
goods, services, or anything else of value. "Debit card" means an
identification card or device issued to a person by a business
organization which permits such person to obtai n access to or
activate a consumer banking electronic facility. The Administrative
Office of the Courts is authorized to negotiate and organize
statewide contracts for the acceptance and processing of credit and
debit cards and equipment related thereto.
2. Written procedures for acceptance or rejection of credit
cards shall be established by the Office of th e State Auditor and
Inspector with approval and direction to court clerks to be issued
by the Administrativ e Office of the Courts.
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C. Payment for any fee provided for in this title may be made
by a personal or business check. The court clerk, at the cour t
clerk's discretion, may:
1. Add an amount equal to the amount of the service charge
incurred, not to exc eed three percent (3%) of the amount of th e
check as a service charge for the acceptance and verification of the
check; or
2. Add an amount of no mo re than Five Dollars ($5.00) as a
service charge for the acceptance and verification of a check .
For purposes of this subsection, "personal or business check"
shall not mean a money order, cashier 's check, or bank certified
check.
D. The Supreme Court is authorized to institute a cost
collection program for collection of fees, fines, costs and
assessments provided for in this title.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 02/15/2022 - DO PASS.