Oklahoma 2023 Regular Session

Oklahoma House Bill HB2430 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. A. TO ENGR. H. B. NO. 2430 Page 1 1
	3	+	SENATE FLOOR VERSION - HB2430 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
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28		-	ENGROSSED SENATE AMENDMENTS
29		-	TO
	29	+	SENATE FLOOR VERSION
	30	+	April 12, 2023
	31	+	AS AMENDED
	32	+
30	33		ENGROSSED HOUSE
31		-	BILL NO. 2430 By: May, Wallace, and ~~Roberts~~
32		-	of the House
	34	+	BILL NO. 2430 By: May, Wallace, Roberts, and
	35	+	Wolfley of the House
33	36
34	37		and
35	38
36		-	Weaver of the Senate
	39	+	Weaver and Hicks of the
	40	+	Senate
	41	+
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39	44
40	45		[ fees - jurors' fees - effective date ]
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45		-	AUTHOR: Add the following House Coauthor: Wolfley
46	50
47		-	AUTHOR: Add the following Senate Coauthor: Hicks
	51	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	52	+	SECTION 1. AMENDATORY 28 O.S. 2021, Section 86, is
	53	+	amended to read as follows:
	54	+	Section 86. A. Jurors shall be paid the fo llowing fees out of
	55	+	the local court fund:
	56	+	1. For each day's attendance before any court of record, Twenty
	57	+	Dollars ($20.00) Thirty-five Dollars ($35.00); and
	58	+	2. For mileage going to and returning from jury service each
	59	+	day, pursuant to the provisions of the State Travel R eimbursement
	60	+	Act.
	61	+	B. The Court Fund Boa rd of the district court may contract for
	62	+	or provide reimbursement for parking for district cou rt jurors to be
48	63
49		-	AMENDMENT NO. 1. Page 1, strike the enacting clause
50		-
51		-	AMENDMENT NO. 2. Page 1, line 17, delete all new language and
52		-	insert the amount “Thirty-five Dollars ($35.00) ”
53		-
54		-
55		-	Passed the Senate the 18th day of April, 2023.
56		-
57		-
58		-
59		-	Presiding Officer of the Senate
60		-
61		-
62		-	Passed the House of Representatives the ____ day of __________,
63		-	2023.
64		-
65		-
66		-
67		-	Presiding Officer of the House
68		-	of Representatives
69		-
70		-	ENGR. H. B. NO. 2430 Page 1 1
	64	+	SENATE FLOOR VERSION - HB2430 SFLR Page 2
	65	+	(Bold face denotes Committee Amendments) 1
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95		-	ENGROSSED HOUSE
96		-	BILL NO. 2430 By: May, Wallace, and Roberts
97		-	of the House
98		-
99		-	and
100		-
101		-	Weaver of the Senate
102		-
103		-
104		-
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106		-
107		-	[ fees - jurors' fees - effective date ]
108		-
109		-
110		-
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113		-
114		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
115		-	SECTION 1. AMENDATORY 28 O.S. 2021, Section 86, is
116		-	amended to read as follows:
117		-	Section 86. A. Jurors shall be paid the f ollowing fees out of
118		-	the local court fund:
119		-	1. For each day's attendance before an y court of record, Twenty
120		-	Dollars ($20.00) Seventy-five Dollars ($75.00) ; and
121		-	2. For mileage going to and returning from jury service each
122		-	day, pursuant to the provisions of the State Travel Reimbursement
123		-	Act.
124		-	B. The Court Fund Boa rd of the district cour t may contract for
125		-	or provide reimbursement for parking for district cou rt jurors to be
126	90		paid from the Court Fund. Parking so provided to jurors shall be in
127	91		lieu of any reimbursement to jurors for parking fees.
	92	+	C. The provisions of this section shall not apply to any person
	93	+	who is summoned for jury du ty and who is excused fro m serving
	94	+	pursuant to the provisions of subsection A of Section 28 of Title 38
	95	+	of the Oklahoma Statutes, beginning on the day the person is excused
	96	+	from service.
	97	+	D. The Supreme Court shall promulgate rules to establish a
	98	+	Lengthy Trial Fund that shall be u sed to provide full or partial
	99	+	wage replacement or wage supplementation to jurors who serve as
	100	+	petit jurors for more than ten (10) days.
	101	+	1. The court rules shal l provide for the selection and
	102	+	appointment of an Administrator for th e fund; procedures for th e
	103	+	administration of the fund, including payments of salaries of the
	104	+	Administrator and other necessary personnel; procedur es for the
	105	+	accounting, auditing and inve stment of money in the Lengthy Trial
	106	+	Fund; and a report by the Supreme Court on the administrat ion of the
	107	+	Lengthy Trial Fund included in its annual report on the judicial
	108	+	branch, setting forth the money collected for and disbursed from the
	109	+	fund.
	110	+	2. The clerk of the court shall collect from each attorney who
	111	+	files a civil case, unless otherwise exem pted under the provisions
	112	+	of this section, a fee of Ten Dollars ($10.00) per case to be paid
	113	+	into the Lengthy Trial Fund. A lawyer will be deemed to have filed
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129		-	ENGR. H. B. NO. 2430 Page 2 1
	115	+	SENATE FLOOR VERSION - HB2430 SFLR Page 3
	116	+	(Bold face denotes Committee Amendments) 1
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154		-	C. The provisions of this section shall not apply to any person
155		-	who is summoned for jury du ty and who is excused fro m serving
156		-	pursuant to the provisions of subsection A of Section 28 of Title 38
157		-	of the Oklahoma Statute s, beginning on the day the person is excused
158		-	from service.
159		-	D. The Supreme Court shall promulgate rules to establish a
160		-	Lengthy Trial Fund that shall be u sed to provide full or partial
161		-	wage replacement or wage supplementation to jurors who serve as
162		-	petit jurors for more than ten (10) days.
163		-	1. The court rules shal l provide for the selec tion and
164		-	appointment of an Administrator for th e fund; procedures for th e
165		-	administration of the fund, including payments of salaries of the
166		-	Administrator and other necessary personnel; procedures for the
167		-	accounting, auditing and inve stment of money in the Lengthy Trial
168		-	Fund; and a report by the Supreme Court on the administrat ion of the
169		-	Lengthy Trial Fund included in its annual report on the judicial
170		-	branch, setting forth the money collected for and disbursed from the
171		-	fund.
172		-	2. The clerk of the court shall collect from each attorney who
173		-	files a civil case, unless otherwise exem pted under the provisions
174		-	of this section, a fee of Ten Dollars ($10.00) per case to be paid
175		-	into the Lengthy Trial Fund. A lawyer will be deemed to have filed
176	141		a case at the time the first pleading or other filing on which an
177	142		individual lawyer's name appears is submitted to the court for
	143	+	filing and opens a new case. All such fees shall be forwarded to
	144	+	the Administrator of the Lengthy Trial Fund for deposit.
	145	+	3. The Administrator shall use the fees deposited in the
	146	+	Lengthy Trial Fund to pay full or partial wage replacement or
	147	+	supplementation to jurors whose employers pay less than full regular
	148	+	wages when the period of jury s ervice lasts more than ten (10) days.
	149	+	4. The court may pay replacement or supplemental wages of up to
	150	+	Two Hundred Dollars ($200.00) pe r day per juror beginning on the
	151	+	eleventh day of jury service. In addition, for any jurors who
	152	+	qualify for payment by se rving on a jury for more than ten (10)
	153	+	days, the court may, upon finding that such service posed a
	154	+	significant financial hardship to a juror, even in light of payments
	155	+	made with respect to jury service after the tenth day, award
	156	+	replacement or supplemental wages of up to Fifty Dollars ($50.00)
	157	+	per day from the fourth to the tenth day of jury service.
	158	+	5. Any juror who is serving or has se rved on a jury that
	159	+	qualifies for payment from the Lengthy Trial Fund, provided the
	160	+	service commenced on or after January 1, 2005, may submit a request
	161	+	for payment from the Lengthy Trial Fund on a form provided by the
	162	+	Administrator. Payment shall be limit ed to the difference between
	163	+	the state-paid jury fee and the actual amount of wages a juror
	164	+	earns, up to the maximum leve l payable, minus any amount the juror
178	165
179		-	ENGR. H. B. NO. 2430 Page 3 1
	166	+	SENATE FLOOR VERSION - HB2430 SFLR Page 4
	167	+	(Bold face denotes Committee Amendments) 1
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204		-	filing and opens a new case. All such fees shall be forwarded to
205		-	the Administrator of the Lengthy Trial Fund for deposit.
206		-	3. The Administrator shall use the fees deposited in the
207		-	Lengthy Trial Fund to pay full or partial wage replacement or
208		-	supplementation to jurors whose employers pay less than full regular
209		-	wages when the period of jury service lasts more than ten (10) days.
210		-	4. The court may pay rep lacement or supplemental wages of up to
211		-	Two Hundred Dollars ($200.00) pe r day per juror beginning on the
212		-	eleventh day of jury service. In addition, for any jurors who
213		-	qualify for payment by serving on a jury for more than ten (10)
214		-	days, the court may, upo n finding that such service posed a
215		-	significant financial hardship to a juror, even in light of payments
216		-	made with respect to jury service after the tenth day, award
217		-	replacement or supplemental wages of up to Fifty Dollars ($50.00)
218		-	per day from the fourth to the tenth day of jury service.
219		-	5. Any juror who is serving or has se rved on a jury that
220		-	qualifies for payment from the Lengthy Trial Fund, provided the
221		-	service commenced on or after January 1, 2005, may submit a request
222		-	for payment from the Lengthy Tri al Fund on a form provided by the
223		-	Administrator. Payment shall be limit ed to the difference between
224		-	the state-paid jury fee and the actual amount of wages a juror
225		-	earns, up to the maximum level payable, minus any amount the juror
226	192		actually receives from the employer during the same time period.
227	193		The form shall disclose the jur or's regular wages, the amount the
	194	+	employer will pay during the term of jury service starting on the
	195	+	eleventh day and the reafter, the amount of replacement or
	196	+	supplemental wages requested, and any other information the
	197	+	Administrator deems necessary for pro per payment. The juror shall
	198	+	be required to submit verification from the employer as to the wage
	199	+	information provided to the Administrator, including but not li mited
	200	+	to the employee's most recent earnings statement or similar
	201	+	document, prior to initiation of payment from the fund. If an
	202	+	individual is self-employed or receives compensation other than
	203	+	wages, the individual m ay provide a sworn affidavit attesting t o his
	204	+	or her approximate gross weekly income, together with such other
	205	+	information as the Admin istrator may require, in order to verify
	206	+	weekly income.
	207	+	6. The following attorneys and causes of action are exempt from
	208	+	payment of the Lengthy Trial Fund fee:
	209	+	a. government attorneys entering appearances in the
	210	+	course of their official duties,
	211	+	b. pro se litigants,
	212	+	c. cases in small claims court or the state equivalent
	213	+	thereof, or
	214	+	d. claims seeking Social Security disability
	215	+	determinations, individual veterans ' compensation or
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229		-	ENGR. H. B. NO. 2430 Page 4 1
	217	+	SENATE FLOOR VERSION - HB2430 SFLR Page 5
	218	+	(Bold face denotes Committee Amendments) 1
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254		-	employer will pay during the term of jury service starting on the
255		-	eleventh day and thereafter, the amount of replacement or
256		-	supplemental wages reques ted, and any other information the
257		-	Administrator deems necessary for pro per payment. The juror shall
258		-	be required to submit verification from the employer as to the wage
259		-	information provided to the Administrator, including but not li mited
260		-	to the employee's most recent earnings statement or similar
261		-	document, prior to initiation of payment from the fund. If an
262		-	individual is self-employed or receives compensation other than
263		-	wages, the individual may provide a sworn affidavit attesting t o his
264		-	or her approximate gross weekly income, together with such other
265		-	information as the Admin istrator may require, in order to verify
266		-	weekly income.
267		-	6. The following attorneys and causes of acti on are exempt from
268		-	payment of the Lengthy Trial Fund fee:
269		-	a. government attorneys entering appearances in the
270		-	course of their official duties,
271		-	b. pro se litigants,
272		-	c. cases in small claims court or the state equivalent
273		-	thereof, or
274		-	d. claims seeking Social Security disability
275		-	determinations, individual veterans ' compensation or
276	243		disability determinations, recoupment actions for
277	244		government backed educational l oans or mortgages,
278		-
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304	245		child custody and support cases, actions brought in
305	246		forma pauperis, and any other filings designated b y
306	247		rule that involve minimal use of court resources and
307	248		that customarily are not afforded the opportunity for
308	249		a trial by jury.
309	250		7. Until June 30, 2021, the Office of Management and Enterprise
310	251		Services shall, at the request of the Administrative Director of the
311	252		Courts, transfer any monies from the Lengthy Trial Fund to the
312	253		Supreme Court Administrative Revolving Fund or the Interagency
313	254		Reimbursement Fund as necessary to perform the duties imposed upon
314	255		the Supreme Court, Court of Civil Appeals and district cour ts by
315	256		law.
316	257		SECTION 2. This act shall become effective November 1, 2023.
317		-	Passed the House of Representatives the 13th day of March, 2023.
318		-
319		-
320		-
321		-
322		-	Presiding Officer of the House
323		-	of Representatives
324		-
325		-
326		-
327		-	Passed the Senate the ___ day of __________, 2023.
328		-
329		-
330		-
331		-
332		-	Presiding Officer of the Senate
333		-
334		-
335		-
	258	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	259	+	April 12, 2023 - DO PASS AS AMENDED