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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 1037 By: Kidd of the Senate
and
Worthen and Cantrell of the
House
An Act relating to fees; amending 28 O.S. 2021,
Section 151, which relates to collection of fees,
fines, costs, and assessments; removing certain
exception; modifying requirements for acceptance of
certain payments; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 28 O.S. 2021, Section 151, is
amended to read as follows:
Section 151. A. It shall be the duty of the clerks of the
district court and ot her trial courts of record of this state to
charge and collect t he fees imposed by this title and other fines,
costs, fees, assessments and pa yments as imposed by the Oklahoma
Statutes, fines, costs and assessments imposed by the district
courts or appellate courts, and none others , in all cases, except
those in which the defendant is charged with a m isdemeanor or
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traffic violation, and except c ases under the Small Cla ims Procedure
Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes .
This section shall not apply to municipal courts not of record in
this state. When receiving payment in the form of United States
currency, the court clerk shall not be require d to accept payment
that consists of unrolled coins in an amount greater than Ten
Dollars ($10.00).
B. 1. As authorized by the Administrative Office of the
Courts, the court clerk may accept a nationally recognized credit or
debit card or other electroni c payment method for any lawful
purpose, including, but not limited to, payment for any fee, fine,
forfeiture payment, cost, penalty assessment , or other charge or
collection to be assessed or collected by the court clerk u nder the
laws of this state. The court clerk shall not collect a fee for the
acceptance of the nationally recognized cre dit or debit card. Prior
to the distribution of any fees provided for by law, the court clerk
shall apportion on a pro rata basis the costs associated with the
administration, acceptance, processing, and verification of the
credit card or debit card among all state, municipal , or other
government entities or funds that are entitled by law to receive any
payments from the court clerk from any fee, fine, forfeiture
payment, cost, penalty assessment, or other collection. All credit
and debit card costs shall be deducted from the fees, fines,
forfeiture payments, costs, pen alty assessments, or other
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collections before transmittal is made to state, municipal, or
government entities or funds pursuant to the provisions of any law
of this state that direct a court clerk to pay any amount or any
portion of any fee, fine, forfeitu re payment, cost, penalty
assessment, or other collection to another state, municipal, or
other government entity or fund. Each state, municipal, or other
government entity or fund entitled to payment shall then receive
only its statutory share less its p rorated share of the credi t or
debit card costs. For purposes of thi s subsection, “nationally
recognized credit card” means any instrument or device, whether
known as a credit card, credit plate, charge plate, or by any other
name, issued with or without fee by an issuer for the u se of the
cardholder in obtaining goods, se rvices, or anything else of value .
“Debit card” means an identification card or device issued to a
person by a business organization which permits such person to
obtain access to or acti vate a consumer banking el ectronic facility.
The Administrative Offi ce of the Courts is authorized to negotiate
and organize statewide contracts for the acceptance and processing
of credit and debit cards and equipment related thereto.
2. Written procedures for acceptance or reje ction of credit
cards shall be established by the Office of the State Audito r and
Inspector with approval and direction to court clerks to be issued
by the Administrative Office of the Courts.
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C. Payment for any fee provided for in this title may be made
by a personal or business check. The court clerk, at the court
clerk’s discretion, may:
1. Add an amount equal to the amount of the service charge
incurred, not to exceed three percent (3%) of the amount of the
check as a service charge for the acceptanc e and verification of the
check; or
2. Add an amount of no more than Five D ollars ($5.00) as a
service charge for the acceptance and verification of a check. For
purposes of this subsection, “personal or business check ” shall not
mean a money order, cash ier’s check, or bank certified check.
D. The Supreme Court is authorized to institute a cost
collection program for collection of fees, fines, costs , and
assessments provided for in this title.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 04/11/2023 - DO PASS, As Coauthored.