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ENGROSSED HOUSE
BILL NO. 1777 By: Williams of the House
and
Thompson (Roger) of the
Senate
[ court funds - fee amount - District Court Revolving
Fund - effective date –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 220, is
amended to read as follows:
Section 220. A. Beginning July 1, 1991, there is hereby
created with the county treasurer of each county within this state a
depository revolving fund to be designated the "C ourt Clerk's
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies rece ived
as grants from the federal government and any other monies
designated by law for deposit into the fund. Al l monies accruing to
the credit of the fund shall be expended by the court clerk for the
lawful operation of the court clerk's office. Claims a gainst the
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fund shall include only expenses incurred for the operation of the
court clerk's office in each count y, and payment may be made after
the claim is approved by the court clerk and either the district or
the associate district judge of that county . The monies shall be
reported quarterly to the Administrator of the C ourts. The
necessary forms and procedure s shall be developed and implemented by
the Administrative Director of the Courts.
B. There shall be no monies, other than federal funds,
deposited into the fund created herein, unless expressly authorized
by the Legislature.
C. Notwithstanding any other provision of law, the court clerk
shall assess an administrative fee of ten percent (10%) on all fees
collected by the court clerk for agencies other than the court and
not deposited into the court fund. The admin istrative fee shall not
attach to the sheriff's service fees provided for in Sections 153
and 153.2 of Title 28 of the Oklahoma Statutes, monies deposited
into the Law Library Fund, wit ness fees paid by the district
attorney pursuant to the provisions of S ection 82 of Title 28 of the
Oklahoma Statutes, and dispute resolution fees provided for in
Section 1809 of Title 12 of the Oklahoma Statutes. The
administrative fees shall be deposite d in the Court Clerk's
Revolving Fund.
D. Effective July 1, 2016, in a ddition to the amount collected
in subsection C of this section, the court clerk shall assess an
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administrative fee of fifteen percent (15%) on all fees collected by
the court clerk for agencies other than the court and not deposited
into the court fund.
E. There is hereby created in the State T reasury a revolving
fund to be allocated by the Supreme Court for the administration of
the district courts designated as the "District Court Re volving
Fund". The fund shall be a continuing fund, not subject to fis cal
year limitations, and shall consist o f all monies collected pursuant
to subsection D of this section. All monies accruing to the credit
of the fund are hereby appropriated and may be budgeted and expended
by the Supreme Court as necessary to perform t he duties imposed upon
the district courts by law. Expenditures from the District Court
Revolving Fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and En terprise Services for
approval and payment.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediatel y necessary for the preservation
of the public peace, health or safety, an emergency is he reby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
Commented [1]: EDERIV
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Passed the House of Representatives the 14th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate