Req. No. 1453 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 1453 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1453 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1453 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Req. No. 1453 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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