Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1037 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB1037 HFLR Page 1
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	3	+	ENGR. S. B. NO. 1037 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legislature (2023)
34		-
35	28		ENGROSSED SENATE
36	29		BILL NO. 1037 By: Kidd of the Senate
37	30
38	31		and
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40		-	Worthen and Cantrell of the
41		-	House
42		-
	33	+	Worthen of the House
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47	38		An Act relating to fees; amending 28 O.S. 2021,
48	39		Section 151, which relates to collection of fees,
49	40		fines, costs, and assessments; removing certain
50	41		exception; modifying requirements for acceptance of
51	42		certain payments; and providing an effective date .
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57	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
58	49		SECTION 1. AMENDATORY 28 O.S. 2021, Section 151, is
59	50		amended to read as follows:
60	51		Section 151. A. It shall be the duty of the clerks of the
61	52		district court and ot her trial courts of record of this state to
62	53		charge and collect the fees imposed by this title and other fines,
63	54		costs, fees, assessments and pa yments as imposed by the Oklahoma
64	55		Statutes, fines, costs and assessments imposed by the district
65	56		courts or appellate courts, and none others , in all cases, except
66	57		those in which the defendant is charged with a m isdemeanor or
	58	+	traffic violation, and except c ases under the Small Cla ims Procedure
	59	+	Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes .
	60	+	This section shall not apply to municipal courts not of record in
	61	+	this state. When receiving payment in the form of United States
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68		-	SB1037 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments. 1
	63	+	ENGR. S. B. NO. 1037 Page 2 1
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94		-	traffic violation, and except c ases under the Small Cla ims Procedure
95		-	Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes .
96		-	This section shall not apply to municipal courts not of record in
97		-	this state. When receiving payment in the form of United States
98	88		currency, the court clerk shall not be require d to accept payment
99	89		that consists of unrolled coins in an amount greater than Ten
100	90		Dollars ($10.00).
101	91		B. 1. As authorized by the Administrative Office of the
102	92		Courts, the court clerk may accept a nationally recognized credit or
103	93		debit card or other electroni c payment method for any lawful
104	94		purpose, including, but not limited to, payment for any fee, fine,
105	95		forfeiture payment, cost, penalty assessment , or other charge or
106	96		collection to be assessed or collected by the court clerk u nder the
107	97		laws of this state. The court clerk shall not collect a fee for the
108	98		acceptance of the nationally recognized cre dit or debit card. Prior
109	99		to the distribution of any fees provided for by law, the court clerk
110	100		shall apportion on a pro rata basis the costs associated with the
111	101		administration, acceptance, processing, and verification of the
112	102		credit card or debit card among all state, municipal , or other
113	103		government entities or funds that are entitled by law to receive any
114	104		payments from the court clerk from any fee, fine, forfeiture
115	105		payment, cost, penalty assessment, or other collection. All credit
116	106		and debit card costs shall be deducted from the fees, fines,
117	107		forfeiture payments, costs, penalty assessments , or other
	108	+	collections before transmittal is made to state, municipal, or
	109	+	government entities or funds pursuant to the provisions of any law
	110	+	of this state that direct a court clerk to pay any amount or any
	111	+	portion of any fee, fine, forfeiture payment, cost, penalty
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119		-	SB1037 HFLR Page 3
120		-	BOLD FACE denotes Committee Amendments. 1
	113	+	ENGR. S. B. NO. 1037 Page 3 1
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145		-	collections before transmittal is made to state, municipal, or
146		-	government entities or funds pursuant to the provisions of any law
147		-	of this state that direct a court clerk to pay any amount or any
148		-	portion of any fee, fine, forfeitu re payment, cost, penalty
149	138		assessment, or other collection to another state, municipal, or
150	139		other government entity or fund. Each state, municipal, or other
151	140		government entity or fund entitled to payment shall then receive
152	141		only its statutory share less its prorated share of the credi t or
153	142		debit card costs. For purposes of thi s subsection, “nationally
154	143		recognized credit card” means any instrument or device, whether
155	144		known as a credit card, credit plate, charge plate, or by any other
156	145		name, issued with or without fee by an issuer for the u se of the
157	146		cardholder in obtaining goods, se rvices, or anything else of value .
158	147		“Debit card” means an identification card or device issued to a
159	148		person by a business organization which permits such person to
160	149		obtain access to or activate a consumer banking el ectronic facility.
161	150		The Administrative Offi ce of the Courts is authorized to negotiate
162	151		and organize statewide contracts for the acceptance and processing
163	152		of credit and debit cards and equipment related thereto.
164	153		2. Written procedures for acceptance or reje ction of credit
165	154		cards shall be established by the Office of the State Audito r and
166	155		Inspector with approval and direction to court clerks to be issued
167	156		by the Administrative Office of the Courts.
	157	+	C. Payment for any fee provided for in this title may be made
	158	+	by a personal or business check. The court clerk, at the court
	159	+	clerk’s discretion, may:
	160	+	1. Add an amount equal to the amount of the service charge
	161	+	incurred, not to exceed three percent (3%) of the amount of the
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169		-	SB1037 HFLR Page 4
170		-	BOLD FACE denotes Committee Amendments. 1
	163	+	ENGR. S. B. NO. 1037 Page 4 1
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195		-	C. Payment for any fee provided for in this title may be made
196		-	by a personal or business check. The court clerk, at the court
197		-	clerk’s discretion, may:
198		-	1. Add an amount equal to the amount of the service charge
199		-	incurred, not to exceed three percent (3%) of the amount of the
200	188		check as a service charge for the acceptanc e and verification of the
201	189		check; or
202	190		2. Add an amount of no more than Five D ollars ($5.00) as a
203	191		service charge for the acceptance and verification of a check. For
204	192		purposes of this subsection, “personal or business check ” shall not
205	193		mean a money order, cash ier’s check, or bank certified check.
206	194		D. The Supreme Court is authorized to institute a cost
207	195		collection program for collection of fees, fines, costs , and
208	196		assessments provided for in this title.
209	197		SECTION 2. This act shall become effective November 1, 2023.
	198	+	Passed the Senate the 23rd day of February, 2023.
210	199
211		-	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
212		-	dated 04/11/2023 - DO PASS, As Coauthored.
	200	+
	201	+
	202	+	Presiding Officer of the Senate
	203	+
	204	+
	205	+	Passed the House of Representatives the ____ day of __________,
	206	+	2023.
	207	+
	208	+
	209	+
	210	+	Presiding Officer of the House
	211	+	of Representatives
	212	+