OK
Oklahoma House Bill HB2430

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2430 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-2nd Session of the 59th Legislature (2024)
31-
32-CONFERENCE COMMITTEE
33-SUBSTITUTE
34-FOR ENGROSSED
35-HOUSE BILL NO. 2430 By: Echols, Wallace, Roberts,
36-and Wolfley of the House
28+ENGROSSED SENATE AMENDMENTS
29+TO
30+ENGROSSED HOUSE
31+BILL NO. 2430 By: May, Wallace, and Roberts
32+of the House
3733
3834 and
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40- Weaver and Hicks of the
41-Senate
36+ Weaver of the Senate
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39+
40+[ fees - jurors' fees - effective date ]
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46-CONFERENCE COMMITTEE SUBSTITUTE
45+AUTHOR: Add the following House Coauthor: Wolfley
4746
48-An Act relating to state government; defining terms;
49-authorizing certain assignment of claims to the
50-Attorney General; providing sc ope of authority;
51-providing for limitations; providing for
52-codification; and declaring an emergency.
47+AUTHOR: Add the following Senate Coauthor: Hicks
48+
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.
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59+ Presiding Officer of the Senate
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58-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59-SECTION 1. NEW LAW A new section of law to be codified
60-in the Oklahoma Statutes as Section 20m of Title 74, unless there is
61-created a duplication in numbering, reads as follows:
62-A. As used in this section:
63-1. "Person" means a natural person, corporation, partne rship,
64-limited liability company, proprietorship, association, municipal
65-corporation, including any public trust whi ch has a municipal
66-corporation as its beneficiary, or other political subdivision of
62+Passed the House of Representatives the ____ day of __________,
63+2023.
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67+ Presiding Officer of the House
68+ of Representatives
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93-this state, including any public trust which has a poli tical
94-subdivision as its beneficiary, or any other legal entity ; and
95-2. "Assignment" means the transfer of any clai ms, causes of
96-actions or rights held by a person against another party to the
97-State of Oklahoma by the Attorney General. Assignment completely
98-transfers the person's legal rights to the Attorney General and
99-creates privity between the Attorney General and the party against
100-whom the claims are instituted, authorizing the Attorney General to
101-stand in the shoes of the person. Assignment only includes
102-affirmative claims and not liabilities of the person as defined in
103-subsection D of Section 2013 of Title 12 of the Oklahoma Statutes.
104-B. 1. The State of Oklahoma, through the Oklahoma Attorney
105-General, is hereby explicitly authorized to accept assignments from
106-any person, as defined subsection A of this section, for the purpose
107-of representing said claims in le gal matters or proceedings within
108-the jurisdiction of the State of Oklahoma.
109-2. Assignments to the State of Oklahoma shall be made in
110-accordance with applicable law.
111-C. 1. The Oklahoma Attorney General, upon accepting an
112-assignment pursuant to this stat ute, shall have the authority to
113-represent the assigned claims in all legal matters or proceedings.
114-2. The Attorney General shall ex ercise the same duties and
115-responsibilities towards the assigned claims as towards any other
95+ENGROSSED HOUSE
96+BILL NO. 2430 By: May, Wallace, and Roberts
97+of the House
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101+ Weaver of the Senate
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107+[ fees - jurors' fees - effective date ]
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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+paid from the Court Fund. Parking so provided to jurors shall be in
127+lieu of any reimbursement to jurors for parking fees.
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142-claims managed by the Office of the Attorney General, subject to the
143-terms and conditions of an assignment agreement.
144-D. 1. Nothing in this statute shall be construe d to require
145-the Oklahoma Attorney General to accept any assignment, nor shall it
146-limit the Attorney General 's discretion to decline an assignment for
147-any reason deemed appropriate by the Attorney General or his or her
148-designee.
149-2. Assigned claims are not sub ject to Section 20i of Title 74
150-of the Oklahoma Statutes .
151-3. All legal rights and benefits given to the Attorney G eneral
152-shall remain in full force and effect for the assigned claims.
153-E. 1. In carrying out the provisions of this section, the
154-Office of the Attorney General shall only accept assignment wh en it
155-determines it is in the best interest of the public.
156-2. In determining the best interest of the public, the Attorney
157-General shall consider factors s uch as:
158-a. protection of public health, safety, and welfare ,
159-b. economic vitality and job creation ,
160-c. environmental sustainability, and
161-d. equity and fair treatme nt for all citizens.
162-SECTION 2. It being immediately necessary for the p reservation
163-of the public peace, health or safety, an emergency is hereby
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+a case at the time the first pleading or other filing on which an
177+individual lawyer's name appears is submitted to the court for
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190-declared to exist, by reason whereof this act shall take effec t and
191-be in full force from and after its passage and approval.
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+actually receives from th e employer during the same time period.
227+The form shall disclose the jur or's regular wages, the amount the
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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+disability determinations, recoupment actions for
277+government backed educational l oans or mortgages,
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304+child custody and support cases, actions brought in
305+forma pauperis, and any other f ilings designated by
306+rule that involve minimal use of court resources and
307+that customarily are not afforded the opportunity for
308+a trial by jury.
309+7. Until June 30, 2021, the Office of Management and Enterprise
310+Services shall, at the request of the Administ rative Director of the
311+Courts, transfer any monies from the Lengthy Trial Fund to the
312+Supreme Court Administrative Revolving Fund or the Interagency
313+Reimbursement Fund as necessary to perform the duties imposed upon
314+the Supreme Court, Court of Civil Appeal s and district courts by
315+law.
316+SECTION 2. This act shall become ef fective November 1, 2023.
317+Passed the House of Representatives the 13th day of March, 2023.
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322+ Presiding Officer of the House
323+ of Representatives
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327+Passed the Senate the ___ day of __________, 2023.
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332+ Presiding Officer of the Senate
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