An Act
ENROLLED HOUSE
BILL NO. 3039 By: Stinson of the House
and
Rader of the Senate
An Act relating to law library fees; amending 20 O.S.
2021, Section 1226, which relates to amount of
transfers to Law Library Fund; modifying transfers;
amending 20 O.S. 2021, Section 1224, which relates to
the transfer of surplus funds from Law Library Fund;
requiring board of trustees vote in certain counties;
amending 28 O.S. 2021, Section 152, as amended by
Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp .
2023, Section 152), which relates to civil court flat
fee schedule; modifying assessed a mount for certain
counties; and providing an effective date .
SUBJECT: Law library fees
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 1226 , is
amended to read as follows:
Section 1226. A. At the request of the board of trustees of
the law library in a county having a population of thre e hundred
thousand (300,000) or more, the p residing judge of an administrative
district, with the appro val of the Chief Justice of the Supreme
Court, shall be authorized to transfe r up to Ten Thousand Dollars
($10,000.00) per fiscal year from the court fun d of the county in
which the law library is located to the Law Library Fund of that
county.
B. In counties having a population of less than three hundred
thousand (300,000) five hundred thousand (500,000), the court fund
of the county in which a law libra ry is located shall annually
transfer to the Law Library Revolving Fund the following amounts: ENR. H. B. NO. 3039 Page 2
1. In counties having a population of l ess than ten thousand
(10,000), the sum of Fi ve Thousand Dollars ($5,000.00); and
2. In counties having a population of ten thousand (10,000) or
more, but less than thirty thousand (30,000), the sum of Seven
Thousand Dollars ($7,000.00); and
3. In counties having a population of thirty thousand (30 ,000)
or more, but less than three hundred thousand (300,000) five hundred
thousand (500,000), the sum of Nine Thou sand Dollars ($9,000.00).
SECTION 2. AMENDATORY 20 O.S. 2021, Section 1224, is
amended to read as follows :
Section 1224. On August 1 each year the board of trustees shall
transmit to the Supreme Court for deposit in the State J udicial
Revolving Fund all funds on deposit in the law library fund in
excess of twenty-five percent (25%) of the income to such Fund
during the preceding fiscal year, the existing surplus on hand on
the effective date of this act being excluded. Except for counties
having a population of over five hundred thousand (500,000)
according to the most recent Federal Decennial Census , the board of
trustees shall vote to authorize any funds to the court fund.
SECTION 3. AMENDATORY 28 O. S. 2021, Section 152, as
amended by Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2023,
Section 152), is amended to read as follo ws:
Section 152. A. In any civil case filed in a district court,
the court clerk shall collect, at the time of filing, the following
flat fees, none of which shall ever be refundable, and which shall
be the only charge for court costs, except as is other wise
specifically provided for by law:
1. Actions for divorce, alimony without divorce,
separate maintenance, custody or support...................... $183.00
2. Any ancillary proceeding to modify or vacate
a divorce decree providing for custody or support..............$43.00
3. Probate and guardianship.............................. $135.00
4. Annual guardianship repor t............................. $33.00
ENR. H. B. NO. 3039 Page 3
5. Any proceeding for sale or lease of real or
personal property or mineral interest in probate or
guardianship................................ ...................$43.00
6. Any proceeding to revoke the probate of a
will................................ ........................... $43.00
7. Judicial determination of death........................ $58.00
8. Adoption................................ ..............$105.00
9. Civil actions for an amount of Ten Thousand
Dollars ($10,000.00) or less and condemnation.................$150.00
10. Civil actions for an amount of Ten Thousand One D ollars
($10,001.00) or more ................................ .........$163.00
11. Garnishment................................ ...........$23.00
12. Continuing wage garnishment........................... $63.00
13. Any other proceeding after judgment...................$33.00
14. All others, including but not limited to actions for
forcible entry and detainer, judgments from all o ther courts,
including the Workers' Compensation Court...................... $85.00
15. Notice of renewal of judgment ......................... $23.00
B. In addition to the amounts collected pursuant to paragraphs
1, 3, 7, 8, 9, 10 and 14 of subsection A o f this section, in
counties having a population of less than five h undred thousand
(500,000) according to the most recent Federal Decennial Census , the
sum of Six Dollars ($6.00) shall be assessed and credited to the Law
Library Fund. For counties having a population of over five hundred
thousand (500,000) according to the most recent Federal Decenni al
Census, the sum of Twelve Dollars ($12.00) shall be assessed and
credited to the Law Library Fund pursuant to Section 1201 et seq. of
Title 20 of the Oklahoma Statutes.
C. In addition to the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty-five Dollars ($25.00)
shall be assessed and c redited to the Oklahoma Court Information
System Revolving Fund created pursuant to Section 1 315 of Title 20
of the Oklahoma Statutes. ENR. H. B. NO. 3039 Page 4
D. In addition to the amounts collected pursuant to subsection
A of this section, the sum of Five Dollars ($5.00) shall be assessed
and credited to the Oklahoma court-appointed special advocates
(OCASA).
E. In addition to the amounts collected pursuant to subsection
A of this section, the sum of Two Dolla rs ($2.00) shall be assessed
and credited as follows:
1. One Dollar and fifty-five cents ($1.55) of such amount shall
be credited to the Council on Judicial Comp laints Revolving Fund;
and
2. Forty-five cents ($0.45) of such amount shall be credited to
the Supreme Court Revolving Fund and may be budgeted and expended by
the Supreme Court for expenses lawfully incurred for providing
qualified courtroom interpreter services in the district court s, for
credentialing and training Oklahoma courtroom interpreter s, and for
any other expenditures determined by the Supreme Court to be
necessary to provide language access in the district courts as
required by state and federal law. Payments of expenses may be made
after the claim or expense is approved by the Chief Justice of the
Supreme Court or another justice designated by the Chief Justice.
F. In addition to the amounts collected pursuant to paragraphs
1, 3, 8, 9, 10 and 14 of subsection A of this s ection, each county
may assess, upon approval by the board of co unty commissioners, a
sum not to exceed Ten Dollars ($10.00) per case to be credited t o
the Sheriff's Service Fee Account in the county in which the action
arose for the purpose of enhancing e xisting or providing additional
courthouse security.
G. Until November 1, 2027, in addition to the amounts collected
pursuant to subsection A of this section, the sum of Ten Dollars
($10.00) shall be assessed and credited to the Court Clerk's Records
Management and Preservation Fund created in Section 31.3 of this
title.
H. In any case in which a litigant claims to have a just cause
of action and that, by reason of poverty, the litigant is unable to
pay the fees and costs provided for in this section and is
financially unable to employ counsel, upon the filing of an
affidavit in forma pauperis executed before any officer authorized
by law to administer oaths to that effect and upon satisfactory ENR. H. B. NO. 3039 Page 5
showing to the court that the litigant has no means and is,
therefore, unable to pay the applicable fees and costs and to empl oy
counsel, no fees or costs shall be required . The opposing party or
parties may file with the court clerk of the court having
jurisdiction of the cause an affidavit similarly executed
contradicting the allegation of poverty . In all such cases, the
court shall promptly set for hearing the determination of
eligibility to litigate without payment of fees or costs. Until a
final order is entered determining that the affiant is ineligible,
the clerk shall permit the affiant to litigate without payment of
fees or costs. Any litigant executing a false affidavit or counter
affidavit pursuant t o the provisions of this section shall be guilt y
of perjury.
I. Payments to the court clerk for fees and costs assessed
pursuant to this section may be made by a nationa lly recognized
credit or debit card or other electronic payment method as provided
in paragraph 1 of subsection B of Section 151 of t his title.
SECTION 4. This act shall become effective November 1, 2024.
ENR. H. B. NO. 3039 Page 6
Passed the House of Representatives the 9th day of May, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 23rd day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF S TATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________