Oklahoma 2023 2023 Regular Session

Oklahoma Senate Bill SB713 Introduced / Bill

Filed 01/18/2023

                     
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
SENATE BILL 713 	By: Hicks 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to fees; amending 28 O.S. 2021 , 
Section 86, which relates to jurors ’ fees; increasing 
amount paid for jury service; and pr oviding an 
effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     28 O.S. 2021, Section 86, is 
amended to read as follows: 
Section 86. A.  Jurors shall be paid the following fees o ut of 
the local court fund: 
1.  For each day’s attendance before any court of record, Twenty 
Dollars ($20.00) Thirty Dollars ($30.00) ; and 
2.  For mileage going to and returning from jury service each 
day, pursuant to the provisions of the State Travel Rei mbursement 
Act. 
B.  The Court Fund Board o f the district court may contract for 
or provide reimbursement for pa rking for district court jurors to be 
paid from the Court Fund.  Parking so provided to jurors shall be in 
lieu of any reimbursement to jurors fo r parking fees.   
 
 
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C.  The provisions of this section shall not apply to any person 
who is summoned for jury duty and who is excused from serving 
pursuant to the provisions of subsection A of Section 28 of Ti tle 38 
of the Oklahoma Statutes, beginning on the d ay the person is excused 
from service. 
D.  The Supreme Court shall promulgate rules to establish a 
Lengthy Trial Fund that shall be used to provide full or partial 
wage replacement or wage supplementation to jurors who serve as 
petit jurors for more than t en (10) days. 
1.  The court rules shall pr ovide for the selection and 
appointment of an Administrator for the f und; procedures for the 
administration of the fund, including payments of salaries of the 
Administrator and other necessary personnel; procedures for the 
accounting, auditing and investme nt of money in the Lengthy Trial 
Fund; and a report by the Supreme Co urt on the administration of the 
Lengthy Trial Fund included in its annual report on the judic ial 
branch, setting forth the money collected for a nd disbursed from the 
fund. 
2.  The clerk of the court shall collect from each attorney who 
files a civil case, unless otherwise exempted under the provisions 
of this section, a fee of Ten Dollars ($10.00) per case to be paid 
into the Lengthy Trial Fund.  A lawyer will be deemed to have filed 
a case at the time the first pleading or other filing on which an 
individual lawyer’s name appears is submitted to the court for   
 
 
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filing and opens a new case.  All such fees shall be forwarded to 
the Administrator of th e Lengthy Trial Fund for deposit. 
3.  The Administrator shall use the fees deposited in the 
Lengthy Trial Fund to pay full or partial wage replacement or 
supplementation to jurors whose employers pay less than full regular 
wages when the period of jury ser vice lasts more than ten (10) days. 
4.  The court may pay replacement or supplemental wages of up to 
Two Hundred Dollars ($200.00) per day per juror beginning on the 
eleventh day of jury service.  In addit ion, for any jurors who 
qualify for payment by serv ing on a jury for more than ten (10) 
days, the court may, upon finding that such service posed a 
significant financial hardship to a juror, even in light of payments 
made with respect to jury service after the tenth day, award 
replacement or supplemental w ages of up to Fifty Dollars ($50.00) 
per day from the fourth to the tenth day of jury service. 
5.  Any juror who is serving or has served on a jury that 
qualifies for payment from the Lengthy Trial Fund, p rovided the 
service commenced on or after January 1 , 2005, may submit a request 
for payment from the Lengthy Trial Fund on a form provided by the 
Administrator.  Payment shall be limited to the difference between 
the state-paid jury fee and the actual amou nt of wages a juror 
earns, up to the maximum level payable, minus any amount the juror 
actually receives from the employer during the same time period.  
The form shall disclose the juror ’s regular wages, the amount the   
 
 
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employer will pay during the term of jury service starting on the 
eleventh day and there after, the amount of replacement or 
supplemental wages requested, and any other information the 
Administrator deems necessary for proper payment.  The juror shall 
be required to submit verification from th e employer as to the wage 
information provided to t he Administrator, including but not limite d 
to the employee’s most recent earnings statement or similar 
document, prior to initiation of payment from the fund.  If an 
individual is self-employed or receives compensation other than 
wages, the individual may provide a sworn affidavit attesting to hi s 
or her approximate gross weekly income, together with such other 
information as the Administrator may require, in order to verify 
weekly income. 
6.  The following attorneys and causes of action are exempt from 
payment of the Lengthy Trial Fund fee: 
a. government attorneys entering appearances in the 
course of their offici al duties, 
b. pro se litigants, 
c. cases in small claims court or the state equivalent 
thereof, or 
d. claims seeking Social Security disability 
determinations, individual veterans ’ compensation or 
disability determinations, recoupment actions for 
government backed educational loans or mortgages,   
 
 
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child custody and support cases, actions brought in 
forma pauperis, and any other filings designated by 
rule that involve minimal use of court res ources and 
that customarily are not afforded the opportunity for 
a trial by jury. 
7.  Until June 30, 2021, the Office of Management and Enterprise 
Services shall, at the request of the Administrative Director of th e 
Courts, transfer any monies from the Len gthy Trial Fund to the 
Supreme Court Administrative Revolving Fund or the Interagency 
Reimbursement Fund as necessary to perform the duties imposed upon 
the Supreme Court, Court of Civil Appeals and district courts by 
law. 
SECTION 2.  This act shall become effective November 1, 2023. 
 
59-1-1453 TEK 1/18/2023 3:03:41 PM