SENATE FLOOR VERSION - HB2430 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 12, 2023 AS AMENDED ENGROSSED HOUSE BILL NO. 2430 By: May, Wallace, Roberts, and Wolfley of the House and Weaver and Hicks of the Senate [ fees - jurors' fees - 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 fo llowing fees out of the local court fund: 1. For each day's attendance before any court of record, Twenty Dollars ($20.00) Thirty-five Dollars ($35.00); and 2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel R eimbursement Act. B. The Court Fund Boa rd of the district court may contract for or provide reimbursement for parking for district cou rt jurors to be SENATE FLOOR VERSION - HB2430 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paid from the Court Fund. Parking so provided to jurors shall be in lieu of any reimbursement to jurors for parking fees. C. The provisions of this section shall not apply to any person who is summoned for jury du ty and who is excused fro m serving pursuant to the provisions of subsection A of Section 28 of Title 38 of the Oklahoma Statutes, beginning on the day the person is excused from service. D. The Supreme Court shall promulgate rules to establish a Lengthy Trial Fund that shall be u sed to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors for more than ten (10) days. 1. The court rules shal l provide for the selection and appointment of an Administrator for th e fund; procedures for th e administration of the fund, including payments of salaries of the Administrator and other necessary personnel; procedur es for the accounting, auditing and inve stment of money in the Lengthy Trial Fund; and a report by the Supreme Court on the administrat ion of the Lengthy Trial Fund included in its annual report on the judicial branch, setting forth the money collected for and disbursed from the fund. 2. The clerk of the court shall collect from each attorney who files a civil case, unless otherwise exem pted 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 SENATE FLOOR VERSION - HB2430 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 filing and opens a new case. All such fees shall be forwarded to the Administrator of the 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 s ervice lasts more than ten (10) days. 4. The court may pay replacement or supplemental wages of up to Two Hundred Dollars ($200.00) pe r day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by se rving 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 wages 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 se rved on a jury that qualifies for payment from the Lengthy Trial Fund, provided 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 limit ed to the difference between the state-paid jury fee and the actual amount of wages a juror earns, up to the maximum leve l payable, minus any amount the juror SENATE FLOOR VERSION - HB2430 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 actually receives from the employer during the same time period. The form shall disclose the jur or's regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and the reafter, the amount of replacement or supplemental wages requested, and any other information the Administrator deems necessary for pro per payment. The juror shall be required to submit verification from the employer as to the wage information provided to the Administrator, including but not li mited 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 m ay provide a sworn affidavit attesting t o his or her approximate gross weekly income, together with such other information as the Admin istrator 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 official 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 SENATE FLOOR VERSION - HB2430 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 disability determinations, recoupment actions for government backed educational l oans or mortgages, child custody and support cases, actions brought in forma pauperis, and any other filings designated b y rule that involve minimal use of court resources 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 the Courts, transfer any monies from the Lengthy 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 cour ts by law. SECTION 2. This act shall become effective November 1, 2023. COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS April 12, 2023 - DO PASS AS AMENDED